Legislature(2001 - 2002)

02/05/2001 01:32 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
       SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE                                                                   
                         February 5, 2001                                                                                       
                             1:32 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyda Green, Chair                                                                                                       
Senator Loren Leman, Vice Chair                                                                                                 
Senator Gary Wilken                                                                                                             
Senator Jerry Ward                                                                                                              
Senator Bettye Davis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 19(RES)                                                                                                  
"An Act repealing  the termination  date of changes made  by ch. 87,                                                            
SLA  1997,   and  ch.  132,  SLA   1998,  regarding  child   support                                                            
enforcement  and related  programs;  repealing  the nonseverability                                                             
provision of ch.  132, SLA 1998; repealing uncodified  laws relating                                                            
to ch. 87,  SLA 1997, and  ch. 132, SLA  1998; and providing  for an                                                            
effective date."                                                                                                                
     MOVED CSSB 19(HES) OUT OF COMMITTEE                                                                                        
                                                                                                                                
SENATE BILL NO. 2                                                                                                               
"An Act  relating  to reimbursement  of municipal  bonds for  school                                                            
construction; and providing for an effective date."                                                                             
     MOVED SB 2 OUT OF COMMITTEE                                                                                                
                                                                                                                                
SENATE BILL NO. 11                                                                                                              
"An  Act  relating  to the  legal  age  for  attending  school;  and                                                            
providing for an effective date."                                                                                               
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
SB 2 - No previous action.                                                                                                      
                                                                                                                                
SB 11 - No previous action.                                                                                                     
                                                                                                                                
SB 19 - See Resources  minutes dated 1/24/01 and HESS  minutes dated                                                            
1/29/01.                                                                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Juli Lucky                                                                                                                  
Aide to Senator Halford                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Explained a proposed amendment to SB 19                                                                  
                                                                                                                                
Ms. Diane Wendlandt                                                                                                             
Assistant Attorney General                                                                                                      
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Confirmed that Senator Halford's amendment                                                               
to SB 19 would not interfere with CSED's ability to comply with                                                                 
federal requirements                                                                                                            
                                                                                                                                
Ms. Barbara Miklos, Director                                                                                                    
Child Support Enforcement Division                                                                                              
Department of Revenue                                                                                                           
550 W 7th Ave., Suite 310                                                                                                       
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT:  Not opposed to Senator Halford's amendment                                                               
to SB 19                                                                                                                        
                                                                                                                                
Julia Tenison                                                                                                                   
Chugiak, AK                                                                                                                     
POSITION STATEMENT:  Expressed concern about the                                                                              
constitutionality of SB 19                                                                                                      
                                                                                                                                
Mary Jackson                                                                                                                    
Aide to Senator Torgerson                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of SB 2                                                                        
                                                                                                                                
Debbie Ossiander                                                                                                                
Anchorage School Board                                                                                                          
PO Box 670772                                                                                                                   
Chugiak, AK  99567                                                                                                              
POSITION STATEMENT:  Supports SB 2                                                                                            
                                                                                                                                
Eddie Jeans                                                                                                                     
School Finance and Facilities Section                                                                                           
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT:  Answered questions about SB 2                                                                            
                                                                                                                                
Senator Gene Therriault                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SB 11                                                                                         
                                                                                                                                
Holly Morris                                                                                                                    
Staff to Senator Therriault                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Answered questions about SB 11                                                                           
                                                                                                                                
Loyola McManus                                                                                                                  
Alaska Association of Elementary Principals                                                                                     
927 Wood Way                                                                                                                    
Fairbanks, AK  99709                                                                                                            
POSITION STATEMENT:  Supports SB 41 and SB 11                                                                                 
                                                                                                                                
Mr. Vernon Marshall                                                                                                             
Executive Director, NEA-Alaska                                                                                                  
114 2nd Street                                                                                                                  
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Supports SB 11                                                                                           
                                                                                                                                
Mr. Darrol Hargraves                                                                                                            
Executive Director                                                                                                              
Alaska Council of School Administrators                                                                                         
326 4th, Suite 404                                                                                                              
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Supports SB 11                                                                                           
                                                                                                                                
Mr. David Pfrimmer                                                                                                              
North Pole Elementary School                                                                                                    
250 Snowman Lane                                                                                                                
North Pole, AK  99705                                                                                                           
POSITION STATEMENT:  Supports SB 11                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-8, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIR  LYDA GREEN  called  the  Senate Health,  Education  &  Social                                                          
Services  Committee  meeting to  order at  1:32 p.m.   Present  were                                                            
Senators  Wilken,  Ward,  Davis  and  Green.   The  first  order  of                                                            
business to come before the committee was SB 19.                                                                                
                                                                                                                                
            SB  19-CHILD SUPPORT ENFORCEMENT/SOC SEC. #                                                                     
                                                                                                                                
SENATOR WARD moved to adopt the proposed CSSB 19(HES), labeled as                                                               
Version  L,  for  the  purpose  of  discussion.     There  being  no                                                            
objection, the motion carried.                                                                                                  
                                                                                                                                
CHAIR GREEN explained that  the findings and intent section in SB 19                                                            
was removed  in the committee substitute.   In addition,  the sunset                                                            
provisions  on the sections requiring  that social security  numbers                                                            
be provided  by applicants  for various  licenses, court  documents,                                                            
and to the  Bureau of Vital Statistics,  were reinstated.   The five                                                            
year sunset  provision was also renewed  on the provisions  allowing                                                            
the  Child  Support  Enforcement   Division  (CSED)  to  enter  into                                                            
agreements with financial  institutions for financial data matching.                                                            
She noted the  provisions in the bill that were left  as is (with no                                                            
sunset  provision)  were those  that  would  be detrimental  to  the                                                            
state, CSED, or  the people involved.  One example  is that the fine                                                            
for  incorrect employer  reporting  will remain  at  $10 instead  of                                                            
$1,000.   She  noted  Senator Halford  has  asked the  committee  to                                                            
consider an amendment.                                                                                                          
                                                                                                                                
MS. JULI  LUCKY, staff  to Senator Halford,  explained that  Senator                                                            
Halford has had  concerns about the CSED legislation  that passed in                                                            
1997 and 1998.  One concern  was the new hire reporting requirement.                                                            
Small employers  who hire people sporadically might  not be aware of                                                            
the  new  hire  requirement,  therefore  Senator  Halford  wants  to                                                            
provide protection from  liability for those employers for the wages                                                            
that should have been withheld.   That protection would not apply to                                                            
employers who  have been served with withholding orders.   She noted                                                            
the statute would be clarified  by adding, to the new hire reporting                                                            
section,  the phrase, "Violation  of this  subsection does  not give                                                            
rise to a private cause of action."                                                                                             
                                                                                                                                
CHAIR GREEN asked  for an explanation of "private  cause of action."                                                            
                                                                                                                                
MS.  LUCKY explained  that  the  employer  could not  be  sued by  a                                                            
private party, therefore  the person who is owed the money could not                                                            
sue the employer.   She clarified that a private cause  of action is                                                            
not between CSED and the employer.                                                                                              
                                                                                                                                
MS. DIANE WENDLANDT, Assistant  Attorney General, Department of Law,                                                            
said her  understanding  of the amendment  is that  it will  address                                                            
private liability to a  custodial parent or someone else who is owed                                                            
child support and might  attempt to hold an employer liable, outside                                                            
of statutory  penalties, which  are already  in place.  The  federal                                                            
law  requires  certain  statutory   penalties,  which  will  not  be                                                            
affected by the amendment.                                                                                                      
                                                                                                                                
MS. BARBARA MIKLOS,  Director of CSED, testified via  teleconference                                                            
and  said that  as  long as  CSED  remains  in compliance  with  the                                                            
welfare reform  requirements, she  doesn't think the amendment  will                                                            
do any harm.                                                                                                                    
                                                                                                                                
MS. WENDLANDT  said  she doesn't  believe the  amendment will  place                                                            
CSED out of compliance.                                                                                                         
                                                                                                                                
CHAIR GREEN announced her  intention to pass the bill from committee                                                            
today.   She noted she  spent a lot  of time going  over all  of the                                                            
provisions of the bill to create the new draft.                                                                                 
                                                                                                                                
SENATOR LEMAN  moved to adopt Senator  Halford's amendment  (Version                                                            
L.1).  There being no objection, the amendment was adopted.                                                                     
                                                                                                                                
SENATOR  LEMAN moved  to report  CSSB 19(HES)  as  amended from  the                                                            
Senate  HESS  Committee  with  individual  recommendations  and  its                                                            
accompanying  fiscal notes.   There being  no objection, the  motion                                                            
carried.                                                                                                                        
                                                                                                                                
Number 774                                                                                                                      
                                                                                                                                
MS. JULIA TENISON, testifying  via teleconference from Chugiak, said                                                            
she would  like  to comment  on the  legislation to  repeal the  law                                                            
requiring the collection of social security numbers for CSED.                                                                   
                                                                                                                                
CHAIR GREEN explained that  when the original legislation was passed                                                            
in  1978 and  1998,  many sections  contained  a three  year  sunset                                                            
provision.  CSED submitted  legislation [SB 19] to remove all sunset                                                            
provisions, therefore none  of the provisions would have been up for                                                            
review.  The  committee has removed  three provisions from  the bill                                                            
so that they will come back for review in five years.                                                                           
                                                                                                                                
MS. LUCKY noted  that she was contacted  by Ms. Tenison because  she                                                            
had some  problems receiving  a driver's license  due to the  social                                                            
security  number requirement.   Ms. Tenison  does not have  a social                                                            
security  number  and  has  received  several  tickets  for  driving                                                            
without a  license.  Ms.  Tenison is familiar  with the legislation                                                             
and has done exhaustive  research on the legislation that was passed                                                            
in 1997 and 1998.                                                                                                               
                                                                                                                                
MS. TENISON informed  committee members that she has  a case pending                                                            
before the Court of Appeals.                                                                                                    
                                                                                                                                
CHAIR  GREEN asked  if her  situation is  related  to child  support                                                            
enforcement.                                                                                                                    
                                                                                                                                
MS.  TENISON replied,  "Only  to  the extent  that  the legislation                                                             
passed and  the name of  child support enforcement  has reached  out                                                            
and touched my life."                                                                                                           
                                                                                                                                
CHAIR GREEN  said the CSED  director was asked  at the last  meeting                                                            
about  the impact  on drivers'  licenses.   She  thought that  issue                                                            
would  have to  be taken  up  with the  Division of  Motor  Vehicles                                                            
(DMV).                                                                                                                          
                                                                                                                                
MS.  WENDLANDT  said  her  understanding  is  that  there  was  some                                                            
confusion  on  the  part  of  DMV  but   it  has  been  cleared  up.                                                            
Apparently, DMV  thought if a person did not have  a social security                                                            
number,  he or she  had to  obtain one  to get  a driver's  license.                                                            
That is not  CSED's position.  At  this point, if a person  does not                                                            
have a social  security number,  he or she  does not have to  obtain                                                            
one to get a driver's license.                                                                                                  
                                                                                                                                
Number 1052                                                                                                                     
                                                                                                                                
MS. MIKLOS confirmed  Ms. Wendlandt's statement and  said she talked                                                            
to the director  of DMV a few weeks  ago.  The director assured  her                                                            
that she sent  a letter to all field offices informing  them that if                                                            
a person has  never had a social security  number, that person  must                                                            
sign an affidavit  saying so.  She was not sure whether  Ms. Tenison                                                            
has gone back to DMV since that time.                                                                                           
                                                                                                                                
MS. TENISON  said she has  not.  She pointed  out her concern  about                                                            
this  law is  that when  she went  to DMV,  the office  manager  was                                                            
enforcing this  legislation and handed her a copy  of a direct quote                                                            
from the statute.   Ms. Tenison was  denied reissue of her  driver's                                                            
license.   Nothing in  the law itself  allows  for correcting  a big                                                            
error in the  law after the fact.   That is why she is in  court and                                                            
does  not have  a driver's  license.    She stated  the legislature                                                             
created  a  situation   that  needs  to  be  looked  at   seriously,                                                            
especially  the findings and  purposes section,  because the  law is                                                            
unreasonable and unconstitutional.   She believes the constitutional                                                            
issues  surrounding  this law  are very  serious and  should not  be                                                            
pushed aside.                                                                                                                   
                                                                                                                                
Regarding  DMV, MS. TENISON  said she has  not been contacted  about                                                            
the change in policy.                                                                                                           
                                                                                                                                
CHAIR GREEN asked  Ms. Lucky to contact the director  of DMV and put                                                            
her in contact with Ms. Tenison.                                                                                                
                                                                                                                                
MS. LUCKY agreed  and informed committee members that  Ms. Tenison's                                                            
main concern  is about  the constitutionality  of collecting  social                                                            
security numbers.                                                                                                               
                                                                                                                                
Number 1187                                                                                                                     
                                                                                                                                
CHAIR GREEN informed Ms.  Tenison that most people in the room would                                                            
have fully  agreed  with Ms.  Tenison 10  to 15 years  ago when  the                                                            
federal government  forbade the use  of social security numbers  for                                                            
identification.    Now  the federal  government  has  reversed  that                                                            
decision  and allows social  security numbers  to be required.   The                                                            
new federal  directive has changed  the constitutionality  question.                                                            
                                                                                                                                
MS.  TENISON  responded  that  the  federal  law  does  not  mandate                                                            
anything  -  it says  states  need  to do  things  if they  want  to                                                            
continue  to get money.   Section 7 of the  Privacy Act of  1974 (PL                                                            
93-579) says a  person cannot be required to give  his or her social                                                            
security number.  She said  she has done enough research to know the                                                            
law has  not actually changed,  even though  the federal  government                                                            
may say it has.                                                                                                                 
                                                                                                                                
CHAIR GREEN said she would look into that.                                                                                      
                                                                                                                                
MS. TENISON said  if the committee is interested,  Senator Halford's                                                            
office might  be able to  provide a copy of  the legal research  she                                                            
has done on the constitutional  issues for her case before the Court                                                            
of Appeals.                                                                                                                     
                                                                                                                                
CHAIR GREEN  thanked Ms. Tenison,  Ms. Lucky, and Ms. Wendlandt  and                                                            
announced the committee would take up SB 2.                                                                                     
Number 1315                                                                                                                     
                                                                                                                                
            SB   2-MUNICIPAL SCHOOL BOND REIMBURSEMENT                                                                      
                                                                                                                                
MS.  MARY JACKSON,  aide  to Senator  Torgerson,  sponsor  of SB  2,                                                            
explained the  measure as follows.  HB 281, which  passed last year,                                                            
was a bonding package that  included a number of projects, including                                                            
school bonds.   The timeframe for that bonding package  is from 1998                                                            
to 2004. SB 2  predominantly affects the Anchorage  School District.                                                            
SB 2 exempts  Anchorage from  the requirement  to adhere to  some of                                                            
the ballot  proposition language currently  in statute and  corrects                                                            
an unintended glitch in HB 281.                                                                                                 
                                                                                                                                
CHAIR  GREEN  asked if  the  Mat-Su  Borough  ever fell  within  the                                                            
troublesome part of HB 281.                                                                                                     
                                                                                                                                
MS.  JACKSON replied  Mat-Su  was included  in  HB 281  and was  the                                                            
reason the bill was retroactive  to 1998.  Her understanding is that                                                            
the Mat-Su Borough  has taken full advantage of all  of the bonds so                                                            
it does  not have to come  back under this  program.  She  explained                                                            
that  Anchorage  put  a vote  before  the  voters  for  100  percent                                                            
reimbursement, instead of a 70-30 split.                                                                                        
                                                                                                                                
CHAIR GREEN asked if all other language is the same.                                                                            
                                                                                                                                
MS. JACKSON said  it is.  She pointed out the first  revision to the                                                            
law is on page 4 and that Section 1 is in existing law.                                                                         
                                                                                                                                
CHAIR GREEN asked what cost is associated with SB 2.                                                                            
                                                                                                                                
MS. JACKSON  said the fiscal  note is zero  because it applies  to a                                                            
previous bond.                                                                                                                  
                                                                                                                                
CHAIR GREEN took public testimony.                                                                                              
                                                                                                                                
MS. DEBBIE OSSIANDER, Anchorage  School Board, stated strong support                                                            
for SB 2. She explained  that technical language problems prohibited                                                            
Anchorage from  taking full advantage  of HB 281.  Anchorage  voters                                                            
approved $77.9  million worth of school  bonds.  At the time  no one                                                            
knew  whether  any  state  reimbursement   for  those  bonds  was  a                                                            
possibility.  Passage of SB 2 will  enable Anchorage to follow  suit                                                            
with other  districts and take advantage  of previously apportioned                                                             
money.                                                                                                                          
                                                                                                                                
CHAIR GREEN  asked Ms. Ossiander  if Anchorage  was included  in the                                                            
conversation about HB 281 last year.                                                                                            
                                                                                                                                
MS.  OSSIANDER said  it  was and  that  Anchorage lobbied  for  debt                                                            
reimbursement.   Unfortunately, at the time, Anchorage  did not know                                                            
what percentage  of debt reimbursement was possible.   At the advice                                                            
of bond counsel,  language was put  forth to the voters saying  that                                                            
Anchorage  would attempt to  go for debt  reimbursement but,  if not                                                            
available, 100 percent would be paid locally.                                                                                   
                                                                                                                                
SENATOR WARD asked how much money is involved.                                                                                  
                                                                                                                                
MR.  EDDY  JEANS,  school finance  manager  for  the  Department  of                                                            
Education and Early Development  (DOEED), said SB 2 only affects the                                                            
Anchorage School District  and possibly one project in the Northwest                                                            
Arctic  Borough.  Under  HB 281,  the legislature  passed a  lengthy                                                            
debt reimbursement list.   Unfortunately, this will continue to be a                                                            
problem  in the  future  as  municipalities  continue  to get  voter                                                            
approval  for projects when  the debt reimbursement  program  has no                                                            
authorization  for  those  projects.    DOEED will  not  review  and                                                            
approve projects  for a debt  reimbursement  program if there  is no                                                            
authorization.   That is exactly what happened in  Anchorage.  There                                                            
was no  authorization on  the books but Anchorage  decided to  go to                                                            
the voters for  approval.  Key elements were not on  the ballot that                                                            
were  required   by  the   legislation,  such   as  the  amount   of                                                            
reimbursement  from  the State,  the  estimated  total  cost of  the                                                            
project, the  estimated interest,  and the estimated annual  cost of                                                            
operation and  maintenance.  DOEED  will not review ballot  language                                                            
if it  does not have  authorization  on the books  so Anchorage  got                                                            
ahead of DOEED.                                                                                                                 
                                                                                                                                
CHAIR GREEN asked if the  Mat-Su Borough came back to DOEED after it                                                            
held its election.                                                                                                              
                                                                                                                                
MR. JEANS said it did.                                                                                                          
                                                                                                                                
CHAIR GREEN  asked if it  was assumed that  Anchorage would  qualify                                                            
when HB 281 was enacted.                                                                                                        
                                                                                                                                
MR. JEANS said that he could make that assurance.                                                                               
                                                                                                                                
SENATOR DAVIS asked Ms.  Ossiander for the projects those bonds will                                                            
cover.                                                                                                                          
                                                                                                                                
MS. OSSIANDER replied SB  2 applies to the bonds that were passed on                                                            
April 4, 2000.  The projects include:                                                                                           
                                                                                                                                
   · Phase 1 Bartlett High School                                                                                               
   · Phase 2 and 3 Chugiak High School                                                                                          
   · Phase 1 East High School                                                                                                   
   · Phase 1 Service High School                                                                                                
   · Phase 1 Wendler Middle School                                                                                              
   · The Denali Elementary replacement project                                                                                  
   · District wide renewal/replacement ADA code grades, roof                                                                    
     replacements, Girdwood roof replacement, electrical upgrades                                                               
     and traffic safety work.                                                                                                   
                                                                                                                                
CHAIR GREEN  noted an absence of any  reference to charter  schools.                                                            
                                                                                                                                
MS. OSSIANDER said that is true.                                                                                                
                                                                                                                                
CHAIR GREEN asked what  it would take to get a charter school on the                                                            
list.                                                                                                                           
                                                                                                                                
MS. OSSIANDER said it would  take a bit of a philosophical shift for                                                            
the Board.  Currently,  the Board assumes that charter schools would                                                            
deal with their own building needs.                                                                                             
                                                                                                                                
There being no  further testimony on SB 2, SENATOR  LEMAN moved SB 2                                                            
from committee  with individual  recommendations  and a zero  fiscal                                                            
note,  if there  is  one.   There  being no  objection,  the  motion                                                            
carried.                                                                                                                        
                                                                                                                                
                   SB  11-COMPULSORY SCHOOL AGE                                                                             
                                                                                                                                
CHAIR GREEN asked Senator Therriault to present SB 11.                                                                          
                                                                                                                                
SENATOR GENE THERRIAULT,  sponsor of SB 11, explained that SB 11 was                                                            
requested  by a  public school  principal  in his district.   SB  11                                                            
simply amends  the current statute that says that  every child  must                                                            
begin formal  schooling by  the age of 7.   SB 11 changes  the start                                                            
date from age  7 to age 6.  It does  not impact Section (b)  of that                                                            
statute, which  says the child does not have to be  in public school                                                            
to meet  those  requirements.   A child  could be  home schooled  or                                                            
attend an alternative school.                                                                                                   
                                                                                                                                
CHAIR GREEN asked if the current statute contains exceptions.                                                                   
                                                                                                                                
SENATOR THERRIAULT said  the statute contains a long laundry list of                                                            
exceptions.   He  pointed  out that  if  a child  or  family has  an                                                            
emergency situation,  such as an illness, Section  b(8) provides for                                                            
an exemption  granted by the district.   SB 11 will not impact  that                                                            
section.  SB 11 also  provides  for optional kindergarten attendance                                                            
so that a parent  could place a six  year old child in kindergarten                                                             
or first grade.                                                                                                                 
                                                                                                                                
CHAIR GREEN  asked if SB  11 has any application  to the  qualifying                                                            
date for entry  to school.  She felt  it is important for  people to                                                            
understand what this bill does not do.                                                                                          
                                                                                                                                
SENATOR THERRIAULT explained  that when a child turns six, the child                                                            
would have to be enrolled in school.                                                                                            
                                                                                                                                
CHAIR GREEN  asked what would  happen to a  child who turned  six in                                                            
February.                                                                                                                       
                                                                                                                                
SENATOR THERRIAULT  said the child would enter school  the following                                                            
school year.                                                                                                                    
                                                                                                                                
CHAIR GREEN pointed out  a child must be five by August 15 for entry                                                            
to school in Alaska.                                                                                                            
                                                                                                                                
Number 2001                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  explained that the issue he is  trying to get at                                                            
with SB  11 deals with  a small  number of people  who enroll  their                                                            
children  in the public  education system  before  age 7 but  do not                                                            
make the children  attend, since attendance  is not mandatory  until                                                            
age 7.  Teachers must expend  a lot of time and energy to keep those                                                            
children up to speed with  the rest of the class or not advance them                                                            
at  the end  of the  school  year in  the  student's  first year  of                                                            
attendance.  Most  agree there is some stigma associated  with being                                                            
held back.   He believes in providing  some flexibility for  parents                                                            
but once  a child  is enrolled  in first  grade,  the parent  should                                                            
ensure that the child attends regularly.                                                                                        
                                                                                                                                
SENATOR LEMAN said he agrees  with the problem but not with the fix.                                                            
He suggested  making the enrollment  date the mandatory age  so that                                                            
students are  compelled to attend.   He asked Senator Therriault  if                                                            
he considered any other options.                                                                                                
                                                                                                                                
SENATOR THERRIAULT  said he did not  because the number of  children                                                            
who fall into this category  is very small.  He received statistical                                                            
information  that shows  that in 1995,  96 percent  of five  and six                                                            
years of age were  enrolled in formal education, with  the exception                                                            
of children  who are  home schooled.   If home  school students  are                                                            
included,  the percentage  is about 98 percent,  therefore  only two                                                            
out of 100 children fall in this category.                                                                                      
                                                                                                                                
SENATOR LEMAN said he believes  this will only apply to a very small                                                            
number of  people but those  people probably  care about  government                                                            
intervention in  their lives.  He would be more inclined  to support                                                            
a fix that solves the problem without overreaching.                                                                             
                                                                                                                                
SENATOR THERRIAULT said  SB 11 does not impact the number of years a                                                            
child must be  in the education system.  It just requires  that when                                                            
one starts, he or she has to stick with it.                                                                                     
                                                                                                                                
SENATOR LEMAN  maintained that he does not read the  bill to say one                                                            
has to stick with it once one starts.                                                                                           
                                                                                                                                
CHAIR GREEN  pointed  to line 8,  which reads,  "shall maintain  the                                                            
child  in attendance,  except as  provided  in (b)."   She asked  if                                                            
current statute  requires parents  to have their children  in school                                                            
except for illness or emergency.                                                                                                
                                                                                                                                
SENATOR  THERRIAULT  said  he could  not  speak to  each  district's                                                            
policy.   He said he  tried to draft  the bill  narrowly so  that it                                                            
gets at the issue yet maintains flexibility for parents.                                                                        
                                                                                                                                
SENATOR DAVIS indicated  that she signed on as a co-sponsor to SB 11                                                            
because  she believes  it  is high  time that  the  State lower  the                                                            
mandatory  age to attend  school.  Most states  require children  to                                                            
attend school  at age 5.  In Alaska,  some students enter  school at                                                            
age 7  without having  attended kindergarten  or  first grade.   She                                                            
said children  mature earlier now  and many do not have parents  who                                                            
will pay for them to attend  preschool and get an early start.  This                                                            
way, those children  would not be left at home and  would be able to                                                            
attend school  because it  would be mandatory.   She said she  would                                                            
prefer to require mandatory school enrollment at age five.                                                                      
                                                                                                                                
SENATOR  THERRIAULT pointed  out the  fiscal  note is indeterminate                                                             
because the  expected number of students  that SB 11 will  impact is                                                            
very small.                                                                                                                     
                                                                                                                                
TAPE 01-8, SIDE B                                                                                                               
                                                                                                                                
SENATOR WARD asked when and why age 7 was put in statute.                                                                       
                                                                                                                                
MS.  HOLLY  MORRIS,  staff  to  Senator  Therriault,   informed  the                                                            
committee that  the ages 7 to 16 are in the statute  from the Alaska                                                            
Compiled Laws  of the Territory, 1949.   The legislative  librarians                                                            
found  the law  goes  back to  1913.   The  statute has  never  been                                                            
reviewed between then and now.                                                                                                  
                                                                                                                                
MS.  LOYOLA   MCMANUS,  representing   the  Alaska  Association   of                                                            
Elementary  School  Principals (AAESP),  testified  from  Fairbanks.                                                            
She believes SB 11 addresses  two issues:  children who begin school                                                            
at age 7  are at a disadvantage  because those  children are  one to                                                            
two years behind  his or her peers.   Those children are  at risk of                                                            
being physically,  emotionally and  socially out of sync  with their                                                            
classmates.   Given that  the general practice  in Alaska is  that 6                                                            
year olds are in school,  SB 11 would provide a more appropriate and                                                            
uniform starting  point for all children.   Second, SB 11  addresses                                                            
truancy and enforcement.   At the elementary level, truancy is often                                                            
a family problem.   If a district  wants to use the court  system to                                                            
address school  attendance, it could  not do so for a six  year old.                                                            
This  sends  a message  to  families  that early  education  is  not                                                            
important.  In 1998,  AAESP  passed  a resolution  supporting  early                                                            
childhood  education and  mandatory kindergarten  in Alaska.   AAESP                                                            
feels that  in light of  research on brain  growth and development,                                                             
and longitudinal  studies on early education experiences,  this is a                                                            
desirable goal.   SB 41, by Senator  Davis, addresses that  concern.                                                            
She commended Senators Therriault and Davis for their efforts.                                                                  
                                                                                                                                
MR. DAVID PFRIMMER, principal  of North Pole Elementary School, gave                                                            
the following example of  the problem, one student missed 75 days of                                                            
kindergarten  and then  45 or 50 days  of first  grade.  The  school                                                            
district attempted  to withdraw the child but was  unable to because                                                            
the child was  not 7.  The child missed  40 days the following  year                                                            
and at that  time the district was  able to take the case  to court.                                                            
With the  new truancy law  and DFYS intervention,  the district  was                                                            
able to get the  child back to school.  By that time,  the child was                                                            
far behind  academically,  socially,  and emotionally.   He has  met                                                            
children  who started  school  at age  7 who  are one  to two  years                                                            
behind the  rest of their  age group and  must attend kindergarten.                                                             
He  noted  that  students  can  begin  school  in  first  grade  but                                                            
kindergarten  has  become  more  academic  so  first  grade  can  be                                                            
difficult without it.                                                                                                           
                                                                                                                                
MS. OSSIANDER,  Anchorage  School Board, stated  support for  SB 11.                                                            
Education  research shows  the benefit of  early education  and more                                                            
parents are asking for  a full-day kindergarten.  She noted with the                                                            
new move toward  accountability of  schools, grade 3 is a  benchmark                                                            
grade.   Children  who begin  school  at age  7 will have  a lot  of                                                            
catching up to  do.  Children are expected to be reading  at the end                                                            
of first grade.                                                                                                                 
                                                                                                                                
Number 2083                                                                                                                     
                                                                                                                                
MR. VERNON  MARSHALL,  Executive Director  of  NEA-Alaska, said  NEA                                                            
supports SB 11  for many of the reasons stated.  NEA  believes it is                                                            
critical that children  receive educational instruction before age 7                                                            
because they will be expected  to have reached a proficient level of                                                            
reading, writing  and math for the  third grade benchmark  exam.  He                                                            
agrees that most  six year olds are in first grade  programs - SB 11                                                            
will   establish   compulsory   attendance  at   age   six.     That                                                            
standardization makes good  educational sense.  He thought most home                                                            
school parents  are attempting to educate their children  at age six                                                            
anyway.                                                                                                                         
                                                                                                                                
CHAIR GREEN asked if state law addresses truancy.                                                                               
                                                                                                                                
MR. MARSHALL replied there  is compulsory attendance by law for ages                                                            
7 to 16 and some would  argue that allows for enforcement but Alaska                                                            
does not have aggressive  truancy laws.  In general, the school year                                                            
is  180 to  185 days  but there  is  no minimum  number  of days  of                                                            
attendance for children.                                                                                                        
                                                                                                                                
CHAIR GREEN  asked if  other states  mandate the  number of  days of                                                            
attendance.                                                                                                                     
                                                                                                                                
MR. MARSHALL said some states do.                                                                                               
                                                                                                                                
CHAIR GREEN said they must have exemptions.                                                                                     
                                                                                                                                
MR. MARSHALL said those laws are very similar to Alaska's law.                                                                  
                                                                                                                                
Number 1950                                                                                                                     
                                                                                                                                
SENATOR LEMAN  asked Mr.  Marshall to expand  on his statement  that                                                            
most home school  parents are attempting to educate  their children.                                                            
He asked if Mr.  Marshall believes the same is true  of the teachers                                                            
in the NEA or whether he  believes they are actually educating them.                                                            
                                                                                                                                
MR.  MARSHALL  said one  has  to make  the  attempt to  educate  and                                                            
everyone  is doing that.   Home school parents  have the same  goal.                                                            
Sometimes those attempts are successful, sometimes they are not.                                                                
                                                                                                                                
SENATOR LEMAN  questioned whether Mr. Marshall was  being pejorative                                                            
about home schooling.                                                                                                           
                                                                                                                                
MR.  MARSHALL clarified  that  he should  have said  "an  aggressive                                                            
attempt."  NEA  wants students to succeed and will  make the attempt                                                            
to get them over the bars that are now in place.                                                                                
                                                                                                                                
SENATOR LEMAN  said he believes that most parents  feel the same way                                                            
about their children.                                                                                                           
                                                                                                                                
SENATOR WARD  asked if NEA  has a list of  the age requirements  for                                                            
school attendance in the other states.                                                                                          
                                                                                                                                
MR. MARSHALL said he could provide that information.                                                                            
                                                                                                                                
Number 1827                                                                                                                     
                                                                                                                                
MR. DARROL  HARGRAVES, Executive Director  of the Alaska  Council of                                                            
School  Administrators,  said the Council  agrees  with most of  the                                                            
arguments  made in favor of  SB 11 today.   He feels the  compulsory                                                            
age should  be lowered to  age 6 because  many states have  detected                                                            
that early education is  important.  He cautioned that an evaluation                                                            
process be  put in place to consider  exceptional children.   School                                                            
districts  have evaluation  processes in place  to examine  children                                                            
emotionally, intellectually,  physically, and socially  to determine                                                            
whether a child  is ready for kindergarten.   Some children  may not                                                            
be able to handle all of  the information they are expected to learn                                                            
by grade 3.  He maintained  that Alaska's compulsory attendance laws                                                            
do  not  have the  teeth  in  them  to make  them  meaningful.    In                                                            
organized areas,  districts can ask  the police for assistance,  but                                                            
many children  in Alaska  are truant.   Compulsory attendance  means                                                            
that a district  has a policy, but districts are unable  to get help                                                            
from the state troopers because they are too busy.                                                                              
                                                                                                                                
SENATOR WARD asked  if the states with a lower age  requirement have                                                            
a mandatory kindergarten provision.                                                                                             
                                                                                                                                
MR. HARGRAVES  said some states made changes in the  1960s and 1970s                                                            
based on  research that  showed that children  are maturing  faster.                                                            
Research on  brain development has  improved.  That is the  argument                                                            
he has heard other states make.                                                                                                 
                                                                                                                                
SENATOR WARD asked if those states also mandate kindergarten.                                                                   
                                                                                                                                
MR. HARGRAVES  said he was  not certain.   He said that most  states                                                            
encourage kindergarten attendance.                                                                                              
                                                                                                                                
Number 1620                                                                                                                     
                                                                                                                                
MR. EDDY JEANS,  school finance manager  of DOEED, pointed  out that                                                            
AS  14.30.030  says  the  governing   body  of  a school   district,                                                            
including an REAA, shall  establish procedures to prevent and reduce                                                            
truancy.   Therefore each  school district  must set its own  policy                                                            
and procedures.   He believes  the compulsory  education law  has 12                                                            
exemptions  so any parent  who wants to keep  a child out of  school                                                            
will find  a way.  He  felt Senator Therriault's  concern is  valid.                                                            
DOEED funds the students who are enrolled.                                                                                      
                                                                                                                                
CHAIR GREEN said  she is unresolved on this issue.   She pointed out                                                            
that  when  SB 98  was  before the  legislature  in  1995-1996,  the                                                            
legislature attempted to  tie school attendance to public assistance                                                            
but it  could not be  done.  She  asked Senator  Therriault  to work                                                            
with Senator  Leman  on a resolution  to the  problem and  announced                                                            
that SB  11 will be  held over.   She announced  that the  committee                                                            
will hear SB 40 and SB  64 on Wednesday and it will take up the exit                                                            
exam the  following week.   She then adjourned  the meeting  at 3:15                                                            
p.m.                                                                                                                            

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