Legislature(1999 - 2000)

04/19/1999 01:38 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                                                                    
                          April 19, 1999                                                                                        
                            1:38 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Mike Miller, Chairman                                                                                                   
Senator Pete Kelly, Vice-Chairman                                                                                               
Senator Gary Wilken                                                                                                             
Senator Drue Pearce                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members were present                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 97                                                                                                              
"An Act relating to confidential mental health records; relating to                                                             
mental health services and programs; relating to liability for                                                                  
payment for mental health evaluation and treatment services; and                                                                
providing for an effective date."                                                                                               
                                                                                                                                
     -MOVED CS SB 97(HES)OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 8                                                                                              
Creating the Long-Term Care Task Force of 1999.                                                                                 
                                                                                                                                
     -MOVED SCR 8 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 117                                                                                                             
"An Act relating to property insurance required for school                                                                      
districts."                                                                                                                     
                                                                                                                                
     -HEARD AND HELD                                                                                                            
                                                                                                                                
SENATE BILL NO. 105                                                                                                             
"An Act determining the facilities constituting a school for                                                                    
purposes of public school funding; and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
     -MOVED CS SB 105(HES)OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 125                                                                                                             
"An Act relating to school crisis response planning."                                                                           
                                                                                                                                
     -MOVED SB 125 OUT OF COMMITTEE                                                                                             
SENATE BILL NO. 112                                                                                                             
"An Act relating to a program of postsecondary education for high                                                               
school students."                                                                                                               
                                                                                                                                
     -HEARD AND HELD                                                                                                            
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 97  - See HESS Committee minutes dated 4/7/99                                                                                
SCR 8  - No previous action to report                                                                                           
SB 117 - No previous action to report                                                                                           
SB 105 - See HESS Committee minutes dated 3/22/99, 3/31/99 and                                                                  
         4/7/99                                                                                                                 
SB 125 - No previous action to report                                                                                           
SB 112 - No previous action to report                                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Ms. Gina Macdonald, Special Projects                                                                                            
  Coordinator                                                                                                                   
Division of Mental Health & Developmental                                                                                       
  Disabilities                                                                                                                  
Department of Health & Social Services                                                                                          
PO Box 110620                                                                                                                   
Juneau, AK  99811-0620                                                                                                          
POSITION STATEMENT:  Commented on SB 97                                                                                         
                                                                                                                                
Ms. Shallon O'Fallon, Assistant Attorney General                                                                                
Human Services Section                                                                                                          
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811                                                                                                               
POSITION STATEMENT:  Commented on SB 97                                                                                         
                                                                                                                                
Ms. Mel Krogseng, Staff Aide                                                                                                    
Senator Robin Taylor                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Presented SB 117                                                                                           
                                                                                                                                
Mr. Paul Fuhs                                                                                                                   
City and Borough of Yakutat                                                                                                     
POSITION STATEMENT:  Supported SB 117                                                                                           
                                                                                                                                
Mr. Michael Morgan, Manager                                                                                                     
Facility Section                                                                                                                
Department of Education                                                                                                         
801 W. 10th St., Ste. 200                                                                                                       
Juneau, AK  99801-1984                                                                                                          
POSITION STATEMENT:   Commented on SB 117                                                                                       
                                                                                                                                
Ms. Christy Miller                                                                                                              
National Flood Insurance Program                                                                                                
Department of Community & Regional Affairs                                                                                      
333 W. 4th Avenue, Ste. 220                                                                                                     
Anchorage, AK  99501-2341                                                                                                       
POSITION STATEMENT:  Commented on SB 117                                                                                        
                                                                                                                                
Senator Robin Taylor                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Presented SB 105                                                                                           
                                                                                                                                
Mr. Tim Grussendorf, Staff Aide                                                                                                 
Senator Lyman Hoffman                                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Presented SB 125                                                                                           
                                                                                                                                
Mr. Bruce Johnson, Director                                                                                                     
Teaching and Learning Support                                                                                                   
Department of Education                                                                                                         
801 W. 10th St. Ste. 200                                                                                                        
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT:  Supported SB 125 and SB 112                                                                                
                                                                                                                                
Mr. Robert Buttcane                                                                                                             
Administrative Juvenile Probation Officer                                                                                       
Youth Corrections                                                                                                               
Department of Health & Social Services                                                                                          
PO Box 110630                                                                                                                   
Juneau, AK  99811                                                                                                               
POSITION STATEMENT:  Supported SB 125                                                                                           
                                                                                                                                
Mr. Stewart Wineberg                                                                                                            
Fairbanks, AK  99701                                                                                                            
POSITION STATEMENT:  Commented on SB 112                                                                                        
                                                                                                                                
Ms. Margo Waring                                                                                                                
1215 5th St.                                                                                                                    
Douglas, AK  99824                                                                                                              
POSITION STATEMENT:  Supported SB 112                                                                                           
                                                                                                                                
Mr. Darryl Hargraves, Executive Director                                                                                        
Alaska Council of School Administrators                                                                                         
326 4th St. Ste. 404                                                                                                            
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Supported SB 112                                                                                           
                                                                                                                                
Mr. Mike Bradner                                                                                                                
POSITION STATEMENT:  Supported SB 112                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-19, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
            SB  97-MENTAL HEALTH; RECORDS; TREATMENT                                                                            
                                                                                                                                
CHAIRMAN MILLER called the Senate Health, Education and Social                                                                  
Services (HESS) Committee to order at 1:38 p.m. and brought up SB
97.                                                                                                                             
                                                                                                                                
MS. GINA MACDONALD, Division of Mental Health & Developmental                                                                   
Disability, Department of Health & Social Services, discussed the                                                               
differences between SB 97 and the proposed CS (Draft G Lauterbach).                                                             
The CS removes the confidentiality portion and makes a couple                                                                   
procedural changes relating to Designated Evaluation and Treatment                                                              
(DET) facilities, or hospitals providing in-patient services for                                                                
people in mental health crisis.  These changes clarify and separate                                                             
procedures for billing and payment for someone receiving hospital                                                               
services at API or at a private hospital facility.  The department                                                              
can bill and order payment for API services, but the DET facility                                                               
or private hospital itself would bill the patient.  The other                                                                   
addition to the bill allows hospitals to apply for these benefits                                                               
on behalf of a patient so disabled by mental illness he or she is                                                               
unable to submit an application.                                                                                                
                                                                                                                                
Number 050                                                                                                                      
                                                                                                                                
MS. SHANNON 'FALLON, Assistant Attorney General with the Human                                                                  
Services Section at the Department of Law, added that the legal                                                                 
drafter, Terri Lauterbach, had questions relating to language that                                                              
needed clarification, and this CS clears those up.                                                                              
                                                                                                                                
SENATOR ELTON asked the sponsor, Senator Kelly, if concerns were                                                                
worked out with Bob Briggs of the Disability Law Center.                                                                        
                                                                                                                                
SENATOR KELLY replied they accommodated Mr. Briggs on one or two                                                                
points but were unable to give him all of the points he wanted.                                                                 
This is the optimum level of agreement that can be reached on the                                                               
bill. He moved to adopt CSSB 97(HES) Draft G as the working                                                                     
version.  Without objection, it was adopted.                                                                                    
                                                                                                                                
SENATOR KELLY moved CSSB 97(HES) Draft G from committee with                                                                    
individual recommendations and its accompanying fiscal note.                                                                    
Without objection, it was so ordered.                                                                                           
                                                                                                                                
            SCR  8-LONG-TERM CARE TASK FORCE OF 1999                                                                            
                                                                                                                                
CHAIRMAN MILLER brought up SCR 8.                                                                                               
                                                                                                                                
Number 089                                                                                                                      
                                                                                                                                
SENATOR WILKEN explained that SCR 8 would continue the Long-Term                                                                
Care Task Force (LTCTF) of 1998.  In discussions last December and                                                              
January the committee's will was to continue work on the 31                                                                     
recommendations with a group catalyst to focus on these impending                                                               
social and financial challenges.  SCR 8 asks the Legislature to                                                                 
reconstitute a new LTCTF comprised of a membership like the last                                                                
task force.  The fiscal note shows $15,700 but there is money                                                                   
remaining from the last task force.  SENATOR WILKEN explained he                                                                
has an amendment to the capital budget that will fund this, and he                                                              
expected the fiscal note will be zero.  He commended SCR 8 to the                                                               
committee and asked for its approval.                                                                                           
                                                                                                                                
SENATOR WILKEN moved SCR 8 from committee with individual                                                                       
recommendations and its attached fiscal note.  Without objection,                                                               
SCR 8 moved out of committee.                                                                                                   
                                                                                                                                
             SB 117-INSURANCE FOR SCHOOL DISTRICTS                                                                              
                                                                                                                                
CHAIRMAN MILLER brought SB 117 before the committee.                                                                            
                                                                                                                                
Number 124                                                                                                                      
                                                                                                                                
MS. MEL KROGSENG, Staff Aide to Senator Taylor, explained that an                                                               
inefficiency was discovered in the administrative regulations                                                                   
adopted by the Department of Education regarding property insurance                                                             
for school facilities and equipment.  The Yakutat school brought                                                                
this to Senator Taylor's attention.  The school is the emergency                                                                
shelter in the area in the event of a tsunami, and it had to pay                                                                
flood insurance under the current regulations even though it is                                                                 
situated on the highest point of land in the area.  The department                                                              
was given a directive in statute to require property insurance for                                                              
all schools, and when DOE adopted regulations it didn't consider                                                                
that there were schools in no particular flood hazard zone required                                                             
to carry flood insurance.  Yakutat has paid up to $47,000 a year                                                                
for its insurance policy.  During the current budget shortfall when                                                             
looking for ways to reduce costs, Senator Taylor felt that school                                                               
districts could evaluate their potential risk for flood and                                                                     
earthquake damage and determine whether they need to carry                                                                      
insurance.                                                                                                                      
                                                                                                                                
MS. KROGSENG pointed out a discrepancy in the regulations, quoting                                                              
from 4 AAC 31.200 Loss Protection Required, "The district shall                                                                 
carry flood coverage for school facilities and equipment in a flood                                                             
plain or flood-prone area."  In a subsequent section, it states,                                                                
"In addition to the requirements of A and B of this section, an                                                                 
insurance policy purchased by REAA for any school facility or                                                                   
equipment owned by the State shall include the State as an                                                                      
additional insured for earthquake, and (3) flood coverage                                                                       
regardless of whether the school facilities or equipment are in a                                                               
flood plain or flood-prone area."  MS. KROGSENG said it doesn't                                                                 
seem that much thought was given to the reasonableness of the                                                                   
regulation when it was adopted.                                                                                                 
                                                                                                                                
Number 174                                                                                                                      
                                                                                                                                
MS. CHRISTY MILLER, National Flood Insurance Program Coordinator,                                                               
Department of Community & Regional Affairs, Anchorage, stated on-                                                               
line that she would answer questions.                                                                                           
                                                                                                                                
MR. PAUL FUHS, representing the Yakutat School District, spoke in                                                               
support of SB 117.  He stated they had hoped to have a school                                                                   
official on-line today but were unable to arrange a telecon-                                                                    
ference. He explained Yakutat is on a glacial moraine, not a flood                                                              
plain, and there is no danger of flood. There is danger of                                                                      
earthquake, and if this bill were to pass, the district would still                                                             
buy earthquake insurance. Last year during the school funding                                                                   
formula discussions, Yakutat heard a lot about districts looking at                                                             
ways to cut costs.  The flip side of the funding formula is the                                                                 
cost of providing education.  This mandate was very clear for                                                                   
Yakutat.  He asked the committee's support for SB 117.                                                                          
                                                                                                                                
SENATOR ELTON asked if the bill makes earthquake insurance optional                                                             
so that if the district decided to shave costs in the future, it                                                                
could discontinue earthquake coverage even though it's in a                                                                     
sensitive zone.                                                                                                                 
                                                                                                                                
MR. FUHS replied yes, it could, even though it would not be wise.                                                               
                                                                                                                                
MR. MICHAEL MORGAN, Manager of Facility Section in the Department                                                               
of Education, stated that when the department made the regulation                                                               
change two years ago, it was advised by Christy Miller as well as                                                               
the Division of Risk Management.  The regulations it passed stated                                                              
that people in a flood plain or flood-prone area, not counting                                                                  
REAAs which have state-owned facilities, would have to buy                                                                      
insurance.  The intent was if a city or borough such as Yakutat was                                                             
not in a flood plain or flood-prone area, it would not be required                                                              
to buy flood insurance.  The requirement for those two designations                                                             
was on advice that the Federal Emergency Management Agency (FEMA)                                                               
requires flood insurance to participate in any federal disaster aid                                                             
when a flood occurs.                                                                                                            
                                                                                                                                
Number 216                                                                                                                      
                                                                                                                                
SENATOR PEARCE asked if the Yakutat school district asked the                                                                   
department to clarify that under the regulations they don't need                                                                
the insurance.                                                                                                                  
                                                                                                                                
MR. MORGAN answered if they're not in a flood plain or flood-prone                                                              
area, they're not required to buy the insurance under current                                                                   
regulations.                                                                                                                    
                                                                                                                                
CHAIRMAN MILLER said he was confused and he asked if Yakutat is in                                                              
a designated flood plain area.                                                                                                  
                                                                                                                                
MR. MORGAN said he didn't know.  The department designated "flood                                                               
plain" or "flood- prone" area because flood plains are mapped                                                                   
areas; flood-prone areas are based on the history of the areas that                                                             
may not have been mapped yet.                                                                                                   
                                                                                                                                
SENATOR ELTON also admitted confusion, and asked what happens if                                                                
they're not required to have flood insurance and there is a flood                                                               
in the region.  Would it affect FEMA's ability to participate in                                                                
disaster relief outside of the school if the school doesn't have                                                                
coverage?                                                                                                                       
                                                                                                                                
MR. MORGAN replied, no, it's on a facility by facility basis. The                                                               
Federal Emergency Management Act states the Flood and Disaster                                                                  
Protection Act of 1973 requires the purchase of flood insurance as                                                              
a condition for a particular facility.                                                                                          
                                                                                                                                
CHAIRMAN MILLER repeated he is confused about whether Yakutat is in                                                             
a flood plain and he requested the sponsor's staff to clarify that.                                                             
                                                                                                                                
Number 245                                                                                                                      
                                                                                                                                
MS. MEL KROGSENG stated she understood from the superintendent at                                                               
Yakutat that the school was told they had to carry flood insurance.                                                             
The regulation does differentiate between REAAs. Mr. Fuhs also told                                                             
her he understood the school district was told by the department                                                                
that they had to carry flood insurance. She suggested the                                                                       
interpretation and implementation of the regulation was different                                                               
than it actually reads.                                                                                                         
                                                                                                                                
SENATOR WILKEN asked if the bill says the school district does not                                                              
have to carry insurance for earthquakes.                                                                                        
                                                                                                                                
MS. KROGSENG replied it does say that.  SENATOR WILKEN asked who                                                                
rebuilds the school if there's an earthquake in his district and                                                                
the school district chose not to carry the insurance.  MS. KROGSENG                                                             
said the intent was that a major earthquake doing serious damage                                                                
would enlist federal assistance to rebuild schools and other                                                                    
infrastructure. She asked Ms. Christy Miller to discuss the federal                                                             
assistance California received during its major quake a few years                                                               
ago.                                                                                                                            
                                                                                                                                
MS. CHRISTY MILLER replied she checked with Walt Robinson at FEMA                                                               
Region 10 who told her there were no automatic deductions in                                                                    
federal assistance if earthquake insurance was not in place at the                                                              
time of a disaster.  However, districts may be required to obtain                                                               
insurance in the future. Mr. Robinson also indicated federal law                                                                
may be changing in the future, but right now there is no mandatory                                                              
earthquake coverage requirement.                                                                                                
                                                                                                                                
CHAIRMAN MILLER asked Ms. Miller if Yakutat is in a flood plain or                                                              
flood zone on the maps at DCRA.                                                                                                 
                                                                                                                                
MS. MILLER said that Yakutat is not in a mapped area.                                                                           
                                                                                                                                
CHAIRMAN MILLER remarked, the city is saying they were told by DOE                                                              
they had to buy the insurance and DOE says they didn't tell the                                                                 
city that, "So we have a problem here."                                                                                         
                                                                                                                                
SENATOR WILKEN suggested that the committee hold the bill and come                                                              
back with a CS that takes earthquakes out and clarifies language                                                                
that if a school district is not in a flood plain it does not have                                                              
to buy flood insurance.                                                                                                         
                                                                                                                                
MS. KROGSENG repeated that not all areas of the state are mapped.                                                               
Language would have to be included for "flood-prone" areas.                                                                     
Regarding earthquakes, there is an available map showing the areas                                                              
that are part of the "rim of fire," and areas prone to earthquakes.                                                             
She suggested language targeting areas more prone to earthquakes                                                                
because insurance is very expensive. To require areas with no known                                                             
problems to carry it would add an extra, possibly unnecessary,                                                                  
financial burden.                                                                                                               
                                                                                                                                
CHAIRMAN MILLER asked Senator Taylor, who had joined the committee,                                                             
to address the problem of reconciling the Yakutat city fathers                                                                  
saying they are mandated to buy flood insurance and DOE stating                                                                 
they are not.                                                                                                                   
                                                                                                                                
Number 315                                                                                                                      
                                                                                                                                
SENATOR TAYLOR said perhaps he, his staff, the legal drafters and                                                               
the city fathers misread the regulation that seemed to mandate it.                                                              
                                                                                                                                
CHAIRMAN MILLER responded that DOE said that was not the case, that                                                             
it was not mandated coverage if you were not in these areas.                                                                    
SENATOR TAYLOR countered, that's more reason to pass legislation to                                                             
avoid confusion in the future.                                                                                                  
                                                                                                                                
CHAIRMAN MILLER said because of confusion and concern by committee                                                              
members about earthquakes, he would like to bring SB 117 back next                                                              
week with clear language about who needs to be covered and who does                                                             
not. He offered to work with Senator Taylor's office and DOE to                                                                 
ensure the proper language is included.                                                                                         
                                                                                                                                
                  SB 105-PUBLIC SCHOOL FUNDING                                                                                  
                                                                                                                                
SENATOR ROBIN TAYLOR, sponsor of SB 105, discussed the Ford 3/23/99                                                             
Work Draft K which amends the previous legislation by deleting                                                                  
Section 2.  Section 2 of the legislation would have addressed an                                                                
additional problem that came out of SB 36 last year that involved                                                               
correspondence, alternative and charter schools.  The fiscal note                                                               
was over $17 million, and Senator Taylor said he had no idea it                                                                 
would run that high, or that correspondence schools would be                                                                    
inserted in that section.  By putting correspondence schools in it,                                                             
the Galena School District would have picked up another $2.9                                                                    
million over what they currently receive.  Through its                                                                          
correspondence program, Galena has "basically pirated students all                                                              
over the state," including students from the Senator's own school                                                               
district.                                                                                                                       
                                                                                                                                
The purpose of the work draft before the committee is to limit the                                                              
impact of this cleanup on SB 36 to just 2 school districts,                                                                     
Wrangell and Petersburg, with an overall impact of around $600,000.                                                             
                                                                                                                                
                                                                                                                                
CHAIRMAN MILLER explained a new fiscal note is being prepared                                                                   
because the one with the new CS still has the old numbers.  SENATOR                                                             
TAYLOR agreed that it does and it's incorrect.  CHAIRMAN MILLER                                                                 
asked if this fiscal note is about $700,000 and SENATOR TAYLOR said                                                             
it is.  CHAIRMAN MILLER asked for a motion to adopt the Ford                                                                    
Version K Committee Substitute.                                                                                                 
                                                                                                                                
SENATOR WILKEN moved to adopt CSSB 105(HES).  Without objection, it                                                             
was adopted.                                                                                                                    
                                                                                                                                
SENATOR ELTON asked the rationale for the figure change from 750 to                                                             
450.  SENATOR TAYLOR replied it reduces it so that the same problem                                                             
won't be faced again soon when two or three students happen to                                                                  
leave a school district. In Petersburg this year, the loss of 4                                                                 
students cost them $360,000 because of the way the formula was                                                                  
drafted.                                                                                                                        
                                                                                                                                
CHAIRMAN MILLER asked for discussion, and hearing none, asked the                                                               
will of the committee.                                                                                                          
                                                                                                                                
SENATOR WILKEN moved CSSB 105(HES) Version K be reported out of                                                                 
committee with individual recommendations and the attached fiscal                                                               
note to be revised before the Finance referral.  Hearing no                                                                     
objection, the bill moved out.                                                                                                  
                                                                                                                                
                   SB 125-SCHOOL SAFETY PLAN                                                                                    
                                                                                                                                
CHAIRMAN MILLER brought up SB 125 and invited Senator Hoffman's                                                                 
staff to present it.                                                                                                            
                                                                                                                                
Number 389                                                                                                                      
                                                                                                                                
MR.TIM GRUSSENDORF, Staff Aide, explained that Senator Hoffman was                                                              
requested by the Lower Kuskokwim School District to introduce SB
125 to address their concerns about school crisis response                                                                      
planning.  In February 1997, gunfire exploded in the hallways of                                                                
the Bethel Regional High School and ended the lives of Principal                                                                
Ron Edwards and student Josh Palacios. The actions that took place                                                              
immediately following this tragedy still haunt the residents of                                                                 
Bethel with questions about who was in charge and what should have                                                              
been done in a case like this.  In Bethel the crisis was magnified                                                              
because one of the people in charge whom people looked to for                                                                   
direction and support, the principal, was one of the victims.  MR.                                                              
GRUSSENDORF said Senator Hoffman sincerely hopes that no other                                                                  
school or community will experience this type of trauma.  However,                                                              
if a similar incident should occur in any school in Alaska, SB 125                                                              
would assure communities that a crisis response plan is in place,                                                               
with preparedness to respond to the situation.                                                                                  
                                                                                                                                
MR. GRUSSENDORF said this is a work in progress and Senator Hoffman                                                             
wants the bill to be user friendly and inclusive, without placing                                                               
a financial burden on the schools. SB 125 has had valuable input                                                                
from individuals and organizations involved in school safety                                                                    
issues, and the sponsor will continue to work with any group to                                                                 
address their concerns.                                                                                                         
                                                                                                                                
Early on, it became clear the scope of the bill is very broad and                                                               
can involve a variety of school safety issues.  The sponsor intends                                                             
to keep it a crisis response bill to ensure that all schools have                                                               
a site-specific crisis response plan in place, and to work on                                                                   
school safety issues in future legislation.                                                                                     
                                                                                                                                
MR. BRUCE JOHNSON, Director of Division of Teaching and Learning in                                                             
the Department of Education, spoke in support of SB 125.  The                                                                   
department believes it's important that all students are provided                                                               
protection that may come from proactive planning in each school                                                                 
community.  A requirement directing each school to develop a school                                                             
crisis plan in conjunction with key community members is a good                                                                 
idea.  Given Alaska's diversity, latitude is necessary to allow                                                                 
each school to identify the appropriate members of the planning                                                                 
team consistent with services available in a particular community.                                                              
The department also urges that the content sections of the bill                                                                 
remain sufficiently broad to allow community and school flexibility                                                             
while ensuring the safety of students.  MR. JOHNSON said the                                                                    
department looks forward to working with Senator Hoffman on this                                                                
incremental approach to advance planning for potential crises in                                                                
our schools.                                                                                                                    
                                                                                                                                
MR. ROBERT BUTTCANE, Juvenile Probation Officer with the Depart-                                                                
ment of Health & Social Services, spoke on behalf of the depart-                                                                
ment in support of SB 125.  He encouraged the committee to act                                                                  
favorably on the bill as a best-practices approach to school crisis                                                             
response planning.  He said he would welcome being a part of the                                                                
group that would assist schools in developing appropriate response                                                              
plans.                                                                                                                          
                                                                                                                                
CHAIRMAN MILLER asked the wish of the committee.                                                                                
                                                                                                                                
Number 433                                                                                                                      
                                                                                                                                
SENATOR ELTON moved SB 125 from committee with individual                                                                       
recommendations.  Hearing no objection, it was so ordered.                                                                      
                                                                                                                                
           SB 112-POSTSECONDARY CLASS FOR HIGH SCHOOL                                                                           
                                                                                                                                
CHAIRMAN MILLER brought up SB 112 and invited Senator Elton to                                                                  
present it.                                                                                                                     
                                                                                                                                
Number 439                                                                                                                      
                                                                                                                                
SENATOR ELTON explained the bill would allow high school students                                                               
and their families new choices and new academic opportunities at no                                                             
cost to the family or the student.  Eleventh and twelfth grade                                                                  
students would receive dual credit for courses that are taken at                                                                
publicly-funded colleges and vocational schools, with tuition fees                                                              
paid by the school district in which the student is enrolled.                                                                   
Major elements of the bill were lifted straight out of the                                                                      
Washington State program.  Many Alaska school districts already                                                                 
have contractual agreements with the University of Alaska to                                                                    
provide dual credit for courses.  The difference between those                                                                  
individual agreements with the districts and the University is that                                                             
the student, or student's family, is responsible for the cost of                                                                
the tuition and fees while this bill provides that the school                                                                   
district would cover those costs.                                                                                               
                                                                                                                                
Benefits of SB 112 include extended course offerings for students,                                                              
especially gifted students and those who are more comfortable in                                                                
the vocational courses. The University provides programs that many                                                              
districts don't have, and an alternative for students who feel they                                                             
don't fit in at the high school level.  The Washington experience                                                               
has shown that teens who are alienated from high school may do                                                                  
better in a college atmosphere, and sometimes they do dramatically                                                              
better.  It provides advanced college or vocational training for                                                                
students who want to go to work right after high school graduation,                                                             
and gives them better preparation for a job. In many states with                                                                
this program, the students continue with the vocational or                                                                      
university system that they experienced as high school students.                                                                
                                                                                                                                
Under this bill, only students with a GPA of at least 2.25 are                                                                  
eligible for the program.  This is a policy issue that SENATOR                                                                  
ELTON said he would discuss later.  A student is responsible for                                                                
applying to the college or vocational school, and deciding the                                                                  
courses to take.  If the student is taking a full load at the high                                                              
school, the school district isn't required to pay for the                                                                       
additional college-level courses. Students taking college courses                                                               
are eligible for all the high school extra-curricular activities.                                                               
If the student successfully completes a college course, he or she                                                               
receives college credit and high school credit, with the high                                                                   
school determining how those college credits apply to the mandated                                                              
curriculum and electives at the high school level.  The high school                                                             
pays the cost of tuition and lab fees, and the student pays for                                                                 
books and supplies.                                                                                                             
                                                                                                                                
The most important principle of the bill is that it expands choices                                                             
for students and their parents, and makes choices available to a                                                                
fairly broad group, not just those heading off to Stanford or                                                                   
Harvard or M.I.T. SENATOR ELTON said he picked the 2.25 GPA because                                                             
he did not want to limit the program only to those very successful                                                              
high school students; he wanted to extend it to others who may not                                                              
maintain a 3.0 or 3.5 GPA, but who want to take vocational courses                                                              
such as diesel mechanics or computer classes.                                                                                   
                                                                                                                                
Number 487                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER commented that both his daughters were in honors                                                                
English in high school, and he could see them going into a college                                                              
English class, and how this proposal would work at all different                                                                
student levels.                                                                                                                 
                                                                                                                                
SENATOR ELTON responded that it does.  If this program had been                                                                 
available for the Chairman's daughters, the advantages would be                                                                 
that he would not have paid for the college courses and those                                                                   
credits would be fully applied toward a college degree, and also                                                                
transferable.  With up to two years of college completed, the cost                                                              
of college for the family would be considerably lower.                                                                          
                                                                                                                                
MR. STEWART WINEBERG, on-line, stated this legislation goes back to                                                             
the late 1970s when discussions were held relating to high school                                                               
seniors with "senioritis."  He was involved in programs such as                                                                 
this in New York and New Jersey.                                                                                                
                                                                                                                                
He recommended changing the GPA to at least a 3.0, because even                                                                 
though some students would be excluded, students need to                                                                        
demonstrate they're ready for college-level courses.  He advised                                                                
adding approval of the high school principal or a designee, such as                                                             
a counselor, to ensure it's an appropriate program for the student.                                                             
A student who has not completed a school district's requirements                                                                
should not be allowed to participate, and the student should                                                                    
already have passed the high school qualifying exam.  He suggested                                                              
a compromise on tuition fees.  University officials have indicated                                                              
interest in reducing the tuition fee for high school students.  The                                                             
impact on a school district's entire funding should be examined.                                                                
MR. WINEBERG suggested a different tuition structure if the                                                                     
student's reason for taking the college level course may be for                                                                 
lifelong learning or because the course is not offered in his                                                                   
regular school.                                                                                                                 
                                                                                                                                
He encouraged the legislature to consider this bill with                                                                        
modifications.  Fairbanks already has this program and students                                                                 
receive dual credit.                                                                                                            
                                                                                                                                
MS. MARGO WARING, Douglas resident and parent, spoke in support of                                                              
SB 112. Senator Elton's bill would provide an opportunity available                                                             
in about 21 states to Alaskan students.  It is cost-effective and                                                               
makes a lot of sense in terms of what students need for their own                                                               
education.                                                                                                                      
                                                                                                                                
SB 112 would meet the educational needs of students that can't be                                                               
met at local high schools because student needs are individual and                                                              
unique.  She said that it isn't reasonable, for example, to have a                                                              
class in advanced studio art or music,  mechanics or advanced                                                                   
mathematics.  In some communities there is an option for students                                                               
because those classes are being taught nearby.  For students on an                                                              
academic track who intend to go to college, it provides an                                                                      
opportunity to acquire skills they may not have acquired in high                                                                
school and to meet the challenges of college on a firmer footing.                                                               
It's equally important for students who don't plan on college to                                                                
acquire more job-related skills and expand in the area of their own                                                             
gifts.                                                                                                                          
                                                                                                                                
Juneau has been working on a similar effort for the past nine                                                                   
months that is supported by the district, the teachers, parents,                                                                
and the union.  She encouraged the committee's support of the bill.                                                             
                                                                                                                                
Number 573                                                                                                                      
                                                                                                                                
DR. ROBERT SEWELL, Academic Advisor at University of Alaska                                                                     
Southeast, stated the University is wildly enthusiastic about the                                                               
concept of Senator Elton's bill. More states every year are doing                                                               
something like this, and many offer full tuition coverage,                                                                      
including fees and books, and dual enrollment with academic                                                                     
advising.  Juneau high school students have taken university                                                                    
classes at their own election, yet the proposed legislation  would                                                              
offer more of a programmatic approach to these youngsters' needs.                                                               
                                                                                                                                
TAPE 99-19, SIDE B                                                                                                              
Number 589                                                                                                                      
                                                                                                                                
MR. SEWELL continued.  He is the parent of a highly able middle                                                                 
school student who at age 12 took a college class in writing last                                                               
summer.  She got an A- and has benefitted from college instruction                                                              
while not yet in high school.                                                                                                   
                                                                                                                                
He recommended striking 11th and 12th grades to include "secondary                                                              
school" in its place because a number of freshmen and sophomores                                                                
could benefit from this.  The University is concerned about the                                                                 
2.25 GPA and suggests that it be 3.0, to ensure that students are                                                               
prepared to benefit from college-level instruction.  Vocationally-                                                              
oriented and academically-able students could both benefit.  UA is                                                              
not enthused about the idea of a reimbursement cost-shift with the                                                              
University sharing the expense.  It suggests that the payer of high                                                             
school students taking college courses be charged the same charge                                                               
as the sponsor of other students, such as the Division of                                                                       
Vocational Rehab and Job Training Partnership Act.  The University                                                              
views these students as no different in a number of respects than                                                               
other students who take advantage of its services.                                                                              
                                                                                                                                
The University has been working locally for six months with the                                                                 
district on the "College Connection."  The chancellor and the                                                                   
superintendent are both enthusiastic about the joint arrangement                                                                
whereby full payment from the district for tuition fees and books                                                               
for dual credit.                                                                                                                
                                                                                                                                
Number 560                                                                                                                      
                                                                                                                                
MR. DARRYL HARGRAVES, representing the Alaska Council of School                                                                 
Administrators, expressed their hearty support for SB 112. School                                                               
districts have had programs like this one for a long time.  The                                                                 
Community College Act of 1962 set it up in this state so that                                                                   
school districts and the University worked cooperatively to provide                                                             
programs at the local level through the community colleges.                                                                     
Students participated and accrued credit that the University put                                                                
into "escrow accounts" and held until the student enrolled at the                                                               
University and the credit was activated. It counted toward                                                                      
secondary school graduation in the meantime.                                                                                    
                                                                                                                                
MR. HARGRAVES questioned the language on page 3, line 3 "a district                                                             
may not make payments for a course from which a student withdraws                                                               
during the first fourteen days of the quarter or semester or a                                                                  
course taken by a student who is a full-time secondary school                                                                   
student."  He asked if that is contradictory.                                                                                   
                                                                                                                                
SENATOR ELTON replied no, it says the district doesn't pay if the                                                               
student withdraws during the first two weeks, and the district                                                                  
doesn't pay if the student is also a full-time high school student,                                                             
under the assumption that foundation formula dollars attached to                                                                
that student shouldn't be diminished at the secondary school.                                                                   
                                                                                                                                
MR. HARGRAVES stated that full-time secondary students sometimes                                                                
take an additional course at the University, which is paid for by                                                               
the school district because the school doesn't provide it.  He                                                                  
asked if a student had one class at the University, wouldn't it                                                                 
make them a full-time secondary student in order to participate in                                                              
the foundation program?                                                                                                         
                                                                                                                                
SENATOR ELTON responded if the student was taking the full high                                                                 
school load and also taking one University course, the student -                                                                
not the district - would pay for those credits.                                                                                 
                                                                                                                                
MR. HARGRAVES still felt the language doesn't quite say that to                                                                 
him. He also recommended a reduced tuition arrangement with the                                                                 
University, because formulas become one more hassle in a school                                                                 
district business office with few personnel.  He preferred the                                                                  
system used in the past whereby the university branch would send                                                                
over an invoice for the amount owed for that semester.                                                                          
                                                                                                                                
Remnants of the 1962 Act remain with districts and community                                                                    
colleges sharing some type of a cooperative agreement; for example,                                                             
a school district will be paying the cost of a professor. MR.                                                                   
HARGRAVES stated he hoped this bill would not preclude those types                                                              
of agreements that are in place, and would allow them to flourish                                                               
and continue on.                                                                                                                
                                                                                                                                
SENATOR ELTON replied this bill would not preclude any other                                                                    
agreement, and it doesn't preclude reduced tuition negotiated with                                                              
a school district and the University.  He tried very hard not to do                                                             
that because innovative arrangements are already taking place.                                                                  
                                                                                                                                
MR. HARGRAVES concluded, "With those clarifications and if there is                                                             
no grounds or possibility that the University gets too greedy with                                                              
this concept, we would heartily endorse the bill."                                                                              
                                                                                                                                
Number 498                                                                                                                      
                                                                                                                                
MR. MIKE BRADNER spoke as a parent of a high school sophomore who                                                               
attended a university to continue in a language program.  He told                                                               
the committee it worked very well for his daughter, and he felt                                                                 
this legislation offers opportunities in local school districts                                                                 
where courses are offered at the wrong time, especially language                                                                
courses such as Russian or Japanese.                                                                                            
                                                                                                                                
He expressed hesitancy about inserting a GPA because the University                                                             
would review and reject students, while some may find they do well                                                              
in a different environment.  Some of the University programs that                                                               
are technical or vocational/technical don't attract many students                                                               
because they don't think of the University in terms of those                                                                    
particular programs.  In Anchorage, to attend the Martin Luther                                                                 
King Career Center, you have to allocate a 3-hour time block, and                                                               
usually students can't find the time to do that.   A lot of the                                                                 
courses students would take are given at off-hour times, taught by                                                              
adjunct professors with high school experience.  He recommended                                                                 
University technical and vocational courses be offered in the                                                                   
evenings as a means of drawing secondary students into those                                                                    
programs.  High school students feel that it looks good on their                                                                
resume when they apply to a university to show they earned college                                                              
credit as a high school student.                                                                                                
                                                                                                                                
MR. BRUCE JOHNSON said the State Board of Education fully supports                                                              
the expansion of educational opportunities for students which this                                                              
bill would provide. University and district partnerships have                                                                   
already taken place, and he appreciated Senator Elton's comment                                                                 
that those long-standing agreements would be honored. Rural                                                                     
students also would benefit from creative uses of this type of                                                                  
partnership.                                                                                                                    
                                                                                                                                
CHAIRMAN MILLER expressed support for the concept of Senator                                                                    
Elton's bill but he said it needs more work.  HESS would not meet                                                               
on Wednesday because the budget will be on the Floor.  The                                                                      
following Monday, he tentatively scheduled confirmation hearings                                                                
for the Board of Regents and Board of Education.  His intent would                                                              
be to take up SB 112 and SB 117 again after those confirmations.                                                                
He would like to move SB 112 after some changes are drafted.                                                                    
                                                                                                                                
Number 442                                                                                                                      
                                                                                                                                
SENATOR ELTON offered to work with Chairman Miller's staff on a CS                                                              
to find a way to waive the GPA, and provide a waiver for 9th and                                                                
10th grade students.  He made clear that it would not preclude any                                                              
existing agreements between school districts and postsecondary                                                                  
facilities.  It could mean that some existing agreements that don't                                                             
provide for the school districts to pay would need to be changed.                                                               
                                                                                                                                
With nothing further to come before the committee, CHAIRMAN MILLER                                                              
adjourned at 2:50 p.m.                                                                                                          
                                                                                                                                
                                                                                                                                

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