Legislature(2021 - 2022)BUTROVICH 205
05/07/2021 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SJR10 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SJR 10 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
May 7, 2021
9:02 a.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Gary Stevens, Vice Chair
Senator Shelley Hughes
Senator Peter Micciche
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 10
Proposing an amendment to the Constitution of the State of
Alaska relating to in-person public education.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SJR 10
SHORT TITLE: CONST. AM: IN-PERSON PUBLIC EDUCATION
SPONSOR(s): SENATOR(s) COSTELLO
03/10/21 (S) READ THE FIRST TIME - REFERRALS
03/10/21 (S) EDC, JUD
04/14/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/14/21 (S) <Bill Hearing Canceled>
04/21/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/21/21 (S) <Bill Hearing Canceled>
05/07/21 (S) EDC AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
SENATOR MIA COSTELLO
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 10.
KATIE MCCALL, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sponsor statement and
sectional analysis for SJR 10 on behalf of the sponsor.
ACTION NARRATIVE
9:02:16 AM
CHAIR ROGER HOLLAND called the Senate Education Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Hughes, Stevens, Micciche, Begich, and Chair
Holland.
SJR 10-CONST. AM: IN-PERSON PUBLIC EDUCATION
9:03:05 AM
CHAIR HOLLAND announced the consideration of SENATE JOINT
RESOLUTION NO. 10 Proposing an amendment to the Constitution of
the State of Alaska relating to in-person public education.
9:03:19 AM
SENATOR MIA COSTELLO, Alaska State Legislature, Juneau, Alaska,
sponsor of SJR 10, stated that this legislation proposes an
amendment to the Alaska Constitution relating to in-person
education. If the legislature were to pass SJR 10, she said the
measure would go before the voters in the next general election.
If passed, it would add the following language to the Alaska
Constitution: "Public schools shall provide the opportunity for
in-person education unless a disaster declaration is in effect."
9:04:16 AM
SENATOR COSTELLO explained that the state saw extreme disruption
in schools last year with the lack of in-person learning that
disenfranchised thousands of students. This resolution would
elevate the requirement for a superintendent to make a
determination to close schools to in-person learning only in
times when a disaster declaration was in effect. The Alaska
Constitution provides for local control in education. Under SJR
10, the decision on whether to close schools or keep them open
would still be available to local school districts.
9:05:36 AM
SENATOR COSTELLO stated that as an Alaskan student, parent and
classroom teacher, she understands the importance of the
education system. The devastation and havoc wreaked on Alaska
families and students will affect them for years to come. She
acknowledged that there are legitimate times when schools should
be closed. For example, the second floor of the high school she
attended collapsed during the Good Friday earthquake in 1964.
She related that she has been contacted by countless families
who expressed frustration about the loss of in-person learning.
Many parents who contacted her are teachers themselves. As a
parent, she was not involved in the decision-making process to
close schools during the pandemic. The damaging effects of
closing schools to in-person learning must be weighed against
the damage caused by keeping schools open. SJR 10 will set a bar
that must be reached before in-person learning is denied; that
bar would be set by a disaster declaration
9:07:52 AM
SENATOR COSTELLO said she hopes the committee will agree to add
one more requirement before schools can be closed to in-person
learning.
SENATOR COSTELLO deferred to her staff to read the sponsor
statement and present the sectional analysis.
9:08:34 AM
KATIE MCCALL, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, paraphrased the sponsor statement
for SJR 10. It read as follows:
Students thrive on the ability to learn together. It
gives them the chance to help one another, make
friends, and gain lifelong skills. With the widespread
shift to virtual learning due to the COVID-19
pandemic, children lost the opportunity to see their
peers regularly and learn through interacting directly
with their teachers and classmates. Not only did this
stymie academic progress, but it negatively affected
the mental health of students.
As we reflect on the past year, the importance of in-
person schooling is obvious to parents and students
who have been facing varying degrees of isolation.
Senate Joint Resolution 10 would, through a vote of
the people, amend the Alaska Constitution to ensure
that public schools offer in-person learning unless a
disaster declaration is in effect.
9:09:58 AM
MS. MCCALL read the sectional analysis for SJR 10 as follows:
Sec. 1 Article VII, sec. 1, Page 1, Lines 411
Amends the Alaska State Constitution by adding a
requirement that public schools offer in-person
education unless a disaster declaration is in effect.
Sec. 2 Page 1, Lines 1214
The proposed amendment will be placed before the
voters at the next general election.
9:10:26 AM
SENATOR STEVENS said he understands what in-person learning is
but he is unsure what it is not. He asked the sponsor to
describe the issues related to homeschooling and online delivery
of education.
SENATOR COSTELLO recalled that a member from East Anchorage
recently defined in-person learning on the Senate floor in a
straight-forward manner to mean "in-person." She expressed
concern that the Anchorage School District (ASD) may consider
in-person to mean a teacher on a computer monitor via Zoom or
Teams at the front of a classroom filled with students. However,
she considers in-person to mean human-to-human contact, such as
committee members present in the committee room today. In fact,
it may be advantageous to define the term in statute since the
districts or others may incorporate innovative ways to define
the term.
9:12:09 AM
CHAIR HOLLAND related that the committee previously held
conversations about how to temporarily suspend in-person
learning when schools are closed for snow days. He expressed
concern that such a definition could have unintended
consequences by preventing online classes during snow days.
9:12:40 AM
SENATOR COSTELLO recalled that when she taught school at Service
High School there were closures due to snow days. The intention
is not to include temporary short-term school closures, she
said. If SJR 10 were to pass, a statute could follow to clarify
that this relates to long-term in-person learning but not to
snow days or other short-term closures.
9:13:21 AM
SENATOR HUGHES said she appreciated the sponsor's concern. The
committee heard from superintendents that it may be difficult or
impossible for students to catch up on studies due to the
pandemic school closures. She asked why the change would need to
be in the Alaska Constitution and if it could be addressed in
statute.
SENATOR COSTELLO responded that her intention was to address
this issue in the Alaska Constitution and in statute. She
emphasized the importance of educating students and pointed out
that the state has a responsibility to provide education for all
students in Alaska. Placing this language in the Alaska
Constitution will elevate it to an importance not found in
statute, she said.
9:14:44 AM
SENATOR HUGHES stated that while the disaster declaration was
still in effect, CDC said it was safe for children to attend
school. She highlighted that the resolution could be interpreted
to mean that schools do not need to operate while a disaster
declaration is in effect.
SENATOR COSTELLO related her understanding that the way SJR 10
is drafted, an in-person opportunity could exist during a
disaster declaration. Under SJR 10, a disaster declaration needs
to be in effect in order for districts to remove in-person
learning.
9:15:44 AM
SENATOR HUGHES maintained her interpretation of the language to
mean that when a disaster declaration is in effect that the
public schools do not need to provide an in-person learning
opportunity. She acknowledged that she may be reading it wrong.
She stated that two of the largest schools in the district made
different decisions when the disaster declarations were in
effect. One school closed and the other brought students into
the classroom. According to SJR 10, that wouldn't be possible.
She posited that the committee might need a constitutional
attorney to interpret the language.
9:16:46 AM
SENATOR BEGICH agreed with Senator Hughes that the
constitutional language would prohibit the dual action that
occurred. He pointed out that the Senate floor action the
sponsor referred to was unresolved so the meaning of in-person
learning was not clear. He highlighted two issues. First, while
the sponsor's intent is not to include snow days for closures,
the language is strict. He said he would be curious how
Legislative Legal Services attorneys might interpret it. It
reads "Public schools shall provide the opportunity for in-
person education unless a disaster declaration is in effect."
Those are pretty specific words, he said. Second, he asked about
the situation in Tuluksak, in which the school burned in part
because potable water was not available. The district decided to
stop in-person school but the governor did not declare a
disaster for three weeks. He asked whether this would be in
violation of this constitutional amendment.
SENATOR COSTELLO answered yes. She suggested that it might
provide the administration an opportunity to declare a disaster.
9:18:50 AM
SENATOR BEGICH stated that SJR 10 would remove local decision-
making ability on life and safety issues. He asked whether the
committee could amend SJR 10 to take into account those
situations.
SENATOR COSTELLO said she was willing to work with committee
members on the measure and listen to their concerns. She offered
her belief that everything legislators accomplish includes
weighing values. She maintained that public education is of such
importance that removing in-person learning must be justified.
During a pandemic, the local school board could decide to keep
schools open but should require a disaster declaration to be in
effect before schools are closed to in-person learning.
9:20:31 AM
CHAIR HOLLAND commented that there is so much more to in-person
learning than just education. He emphasized that the daily
interaction is essential. Some schools in Southwest Alaska
opened because of increased incidence of self-harm among
students. He stated that students need to attend in-person
whenever possible.
9:21:23 AM
SENATOR COSTELLO acknowledged that the point about mental health
was important. The negative mental health effects due to a lack
of social interaction was significant. She asked her staff to
read an email from a parent.
9:22:02 AM
MS. MCCALL read an email [source unidentified], as follows:
Dear Alaska Legislators,
I'm writing to voice my consent to passing SJR 10. As
a retired teacher with 25 years in the Anchorage
School District, I know firsthand how vital in-person
learning is for our students. If we truly care about
their social-emotional wellbeing, then we must allow
them to be physically present in safe environments,
where their teachers and peers can encourage them to
succeed.
MS. MCCALL stated that similar letters were uploaded to BASIS.
9:23:02 AM
SENATOR MICCICHE offered his belief that a disaster declaration
does not have any connection to school closures. Every state
issued disaster declarations but not all schools closed. He
emphasized that schools should remain open. He recalled that
parents disagreed with the Kenai Peninsula Borough School
District. He said many parents in his district were upset. He
explained that local school boards making choices is not
connected to what the state does. He related that during the
earthquake a disaster declaration was issued but districts found
ways to keep their schools open. He expressed concern that
someone will use a disaster declaration as an excuse. Even if
there is a declaration, it does not mean that schools should
close.
SENATOR COSTELLO offered her belief that SJR 10 does not connect
disaster declarations to in-person learning since there can
still be in-person learning during a disaster. SJR 10 says
schools cannot be closed unless there is a disaster declaration.
For instance, under SJR 10, the Anchorage School District could
not close its schools during the fall semester unless a disaster
declaration is in effect. It does not say that schools must
close if there is a declaration, she said.
9:25:52 AM
SENATOR MICCICHE expressed concern about the issue. He said he
favors a statutory approach to indicate that schools shall be
open. He highlighted that the state pays a substantial amount of
money for in-person learning in schools. He characterized in-
person learning as critical. He offered two approaches. One
approach is embodied in SJR 10, he said. Another approach is to
limit closures for specific reasons and quantifiable risks;
otherwise, students will be in school in in-person learning
situations.
9:26:57 AM
SENATOR BEGICH recalled that when he was a student in Anchorage
that schools were closed for a four-day period due to icy road
conditions. He stated that closure would not qualify as a
disaster. Thus, this amendment would not allow schools to close
due to icy road conditions. He wondered whether schools were
ever closed for any length of time other than during this once
in a lifetime pandemic.
9:28:08 AM
SENATOR COSTELLO answered that she was not aware of any other
time schools were closed.
9:28:14 AM
SENATOR BEGICH remarked that there is debate today, including
among some legislators, about whether a disaster even occurred.
In addition, some legislators disagree as to whether the
disaster declaration should be lifted. Further, local officials
and the governor disagree on pandemic decisions. He asked
whether the sponsor considered the life and public safety issues
and whether this could put lives at risk.
SENATOR COSTELLO responded that the decision to close schools is
up to superintendents who are not elected officials. This
resolution would not discount that decision but it would say
when the unelected person makes that decision a disaster
declaration made by an elected official must be in place. She
solicited her staff to provide the process used to close
schools.
9:30:20 AM
MS. MCCALL explained that the Anchorage School District
superintendent makes the final decision on whether to close
schools and go to online learning. The superintendent involves
the entire leadership team including the Chief of Operations,
Chief of Human Resources, Chief of Information and the Health
Care Services Director. The leadership team uses Center for
Disease Control and Prevention (CDC) guidance, COVID-19 caseload
and other factors to assist the superintendent. Ultimately, the
final decision is an administrative decision made by the
superintendent.
9:31:13 AM
SENATOR HUGHES related her understanding that some
municipalities can declare a disaster. She asked whether SJR 10
will address that or if the resolution only applies to statewide
declarations.
MS. MCCALL answered that SJR 10, as currently written, does not
require a statewide disaster declaration. She suggested the
issue could be reviewed if members have an interest in amending
the resolution.
9:32:08 AM
SENATOR HUGHES highlighted that she would not want to adversely
impact students who choose to take classes online if in-person
courses were not available for the subject matter. She expressed
concern that if a disaster declaration was not in place, it
might inhibit student opportunities.
SENATOR COSTELLO responded that the phrase "shall provide the
opportunity" provides the student the opportunity to take the
online course.
SENATOR HUGHES highlighted that the district might not have a
means to provide Mandarin Chinese courses, for example. She said
she would like to avoid any legal issues.
9:33:25 AM
SENATOR MICCICHE agreed wholeheartedly. He said he is
contemplating the best way to achieve this. He said he was
willing to work with the sponsor.
9:34:08 AM
SENATOR BEGICH said Senator Hughes raised an important issue. He
related a scenario in which a rural district does not offer a
high-level math course because an in-person teacher is not
available. He asked whether a student could sue the state to
provide an in-person teacher to teach the course. He suggested
that perhaps the language needed to be tightened since it raises
the potential for students to reject distance learning. He
offered his belief that the definition of "in-person learning"
would need to be litigated. He asked whether a statutory change
might provide a better way to achieve the sponsor's intent.
9:36:26 AM
SENATOR COSTELLO expressed that she was willing to work with the
committee. She added that she also had a statutory solution.
9:36:44 AM
CHAIR HOLLAND said he was sure the sponsor has nothing but the
best interest of students in mind. He highlighted that the
committee has identified many areas for discussion.
SENATOR HUGHES remarked that she heard from numerous families
who expressed concern about students being out of the classroom.
9:37:53 AM
CHAIR HOLLAND held SJR 10 in committee.
9:38:10 AM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Education Standing Committee
meeting at 9:38 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR 10 Written Testimony.pdf |
SEDC 5/7/2021 9:00:00 AM |
SJR 10 |