Legislature(1993 - 1994)

03/08/1993 02:20 PM HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
     SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                    
                          March 8, 1993                                        
                            2:20 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Steve Rieger, Chairman                                               
  Senator Loren Leman                                                          
  Senator Jim Duncan                                                           
  Senator Johnny Ellis                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator Bert Sharp, Vice Chairman                                            
  Senator Mike Miller                                                          
  Senator Judy Salo                                                            
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HOUSE BILL NO. 114 (efd add)                                                 
  "An  Act  allowing  the  Board of  Nursing  to  authorize an                 
  advanced   nurse   practitioner    to   dispense    medical,                 
  therapeutic,  and corrective measures;  and providing for an                 
  effective date."                                                             
                                                                               
  SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71                                    
  "An  Act  relating   to  emergency  medical   services;  and                 
  repealing  obsolete  references  to   the  Statewide  Health                 
  Coordinating Council and health systems agencies."                           
                                                                               
  SENATE BILL NO. 61                                                           
  "An Act implementing certain recommendations of Alaska  2000                 
  to improve the  state's education system; and  providing for                 
  an effective date."                                                          
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  HB 114 - No previous action to record.                                       
                                                                               
  SB 71 - No previous action to record.                                        
                                                                               
  SB 61 - See HESS minutes dated 2/8/93, 2/10/93, 2/17/93,                     
          2/24/93 and 3/3/93.                                                  
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Representative Cynthia Toohey                                                
  Alaska State Legislature                                                     
  State Capitol, Room 104                                                      
  Juneau, Alaska 99801-1182                                                    
  POSITION STATEMENT:  Sponsor of HB 114.                                      
                                                                               
  Mary Strowing, Member                                                        
  Alaska State Nursing Board                                                   
                                                                               
                                                                               
  1009 Wee Burn Drive                                                          
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Testified in support of HB 114.                         
                                                                               
  Mark Johnson, Chief                                                          
  Emergency Medical Services Section                                           
  Department of Health and Social Services                                     
  P.O. Box 110616                                                              
  Juneau, Alaska 99811-0616                                                    
  POSITION STATEMENT:  Testified in support of SSSB 71.                        
                                                                               
  Todd Huttenlocher, Medical Director                                          
  Emergency Medical Services Section                                           
  Department of Health and Social Services                                     
  P.O. Box 110616                                                              
  Juneau, Alaska 99811-0616                                                    
  POSITION STATEMENT:  Testified in support of SSSB 71.                        
                                                                               
  Mary Gregory                                                                 
  Mat-Su Education Association                                                 
  P.O. Box 3804                                                                
  Palmer, Alaska 99645                                                         
  POSITION STATEMENT:  Testified on SB 61.                                     
                                                                               
  Charlie Crangle                                                              
  Box 247                                                                      
  Seward, Alaska  99664                                                        
  POSITION STATEMENT:  Testified on SB 61.                                     
                                                                               
  Jerry Dixon                                                                  
  Box 1056                                                                     
  Seward, Alaska 99664                                                         
  POSITION STATEMENT:  Testified on SB 61.                                     
                                                                               
  ACTION NARRATIVE                                                             
  TAPE 93-21, SIDE A                                                           
  Number 001                                                                   
                                                                               
  CHAIRMAN  RIEGER called  the  Senate Health,  Education, and                 
  Social Services (HESS) Committee to order at 2:20 p.m.                       
  The first order of business was HB 114 (DRUG DISPENSING:ADV.                 
  NURSE  PRACTITIONERS).     REPRESENTATIVE  CYNTHIA   TOOHEY,                 
  sponsor of the measure, said the bill clarifies  the statute                 
  where  it has been a common practice for nurse practitioners                 
  to  dispense  medication  since  the  early  1980s.    Nurse                 
  practitioners  may examine  and prescribe,  but the  statute                 
  doesn't include  the  word "dispense."   In  many rural  and                 
  urban areas where  there aren't pharmacies, the  legislation                 
  is urgently needed.   Representative Toohey said there is  a                 
  zero  fiscal  note  from  the  Department  of  Commerce  and                 
  Economic  Development.    HB  114   passed  the  House  HESS                 
  Committee, Labor and Commerce Committee, and the House Floor                 
  with a 39-0  vote and an immediate effective date.  The bill                 
                                                                               
                                                                               
  has  the  support of  the  Board  of Nursing,  the  Board of                 
  Pharmacy,  the   Alaska  Nurses   Association,  the   Alaska                 
  Association of Advanced  Nurse Practitioners, advanced nurse                 
  practitioners (ANP) throughout the state, the Department  of                 
  Health and Social  Services, and the Department  of Commerce                 
  and Economic Development.  She urged support for the HB 114.                 
                                                                               
  SENATOR ELLIS asked if the bill would include  dispensing of                 
  any kind.   Representative Toohey said it would  be whatever                 
  they are licensed to dispense.  They must complete a certain                 
  amount of hours of  pharmacology and pass some tests.   They                 
  are  then  given  licensing  to  prescribe  specific  drugs.                 
  Senator  Ellis  asked   if  they  can   dispense  narcotics.                 
  Representative Toohey  indicated that  narcotics are  within                 
  the license of a nurse practitioner.                                         
                                                                               
  Number 084                                                                   
                                                                               
  MARY STROWING, Member, Alaska State  Nursing Board, said the                 
  board  supports HB  114.   The legislation  is necessary  to                 
  provide legal authority for ANPs  to dispense the medication                 
  that they have  prescribed.  Dispensing has  been occurring,                 
  statewide  since  ANPs  began  practicing  in  Alaska  under                 
  regulations established  in 1980  by the  Board of  Nursing.                 
  She said a  July 1992 attorney  general opinion stated  that                 
  there is no legal authority which  allows ANP dispensing.  A                 
  survey done by the Board of  Nursing in November, 1992, with                 
  a 71 percent response rate, revealed that 55 percent of ANPs                 
  working in  Alaska dispense in  their practice.   The survey                 
  further  disclosed  that  25  percent of  the  ANPs  were in                 
  communities  without  pharmacies,  and 22  percent  were  in                 
  communities without physicians.  Ms. Strowing said HB 114 is                 
  needed  to  allow ANPs  to  continue  to dispense  in  their                 
  practice  so  the  care  of  the  communities  will  not  be                 
  adversely impacted.  The  Board of Nursing and the  Board of                 
  Pharmacy have been  working together  on the parameters  for                 
  ANP dispensing  and they  will be  defined by  the Board  of                 
  Nursing's regulations.  The ANP will be required to dispense                 
  in accordance with a practitioners  scope of practice.   She                 
  urged that HB 114 be passed into law.                                        
                                                                               
  There being no  further testimony, SENATOR LEMAN  moved that                 
  HB 114,  be passed  out of  the Senate  HESS Committee  with                 
  individual  recommendations.    Hearing  no  objection,  the                 
  motion passed.                                                               
  Number 147                                                                   
  The next order  of business was  SSSB 71 (EMERGENCY  MEDICAL                 
  SERVICES SYSTEM), sponsored by Senator Leman.  SENATOR LEMAN                 
  said  after  seeing  the  assessment  of  Emergency  Medical                 
  Services in Alaska completed by the National Highway Traffic                 
  Safety Administration Technical Assistance Team he concluded                 
  that  there  were  some  good  recommendations  on  updating                 
                                                                               
                                                                               
  statutes.   He  said he  worked with  people  from Emergency                 
  Medical Services  as well as  the Departments of  Health and                 
  Social  Services and  Commerce and  Economic Development  in                 
  writing SSSB 71.  He  said Alaska is fortunate to  have over                 
  3,000  volunteers  and  paramedics who  provide  a  valuable                 
  service, in many cases, at a reduced cost.                                   
                                                                               
  MARK  JOHNSON, Chief,  Emergency  Medical Services  Section,                 
  Department  of  Health  and  Social  Services, testified  in                 
  support of  SSSB 71.   He  informed the  committee that  the                 
  legislation the Emergency Medical Services Section functions                 
  under  was initially passed  by the legislature  in 1977 and                 
  was amended in  1978.  It has  not been amended since.   The                 
  National Highway Traffic and Safety Administration started a                 
  program a  few years ago to  make it possible  for states to                 
  have  an outside comprehensive  evaluation of their systems.                 
  About  38 states have taken advantage  of that process which                 
  uses federal  funds.    He  said  in  September,  1992,  the                 
  National  Traffic  Highway Safety  Administration  brought a                 
  team  of experts to Alaska from around the U.S.  Mr. Johnson                 
  said he  has  been working  with  Senator Leman's  staff  to                 
  identify areas that need changes and to address the  various                 
  components  of a  comprehensive  emergency medical  services                 
  system.  Mr. Johnson continued  to review his position paper                 
  as to what the legislation would do.                                         
                                                                               
  This legislation would:                                                      
                                                                               
  (1)  Expand authority of the EMS Section, Department of                      
       Health  and Social Services  to set  standards for                      
       Mobile Intensive Care Paramedic training programs;                      
                                                                               
  (2)  Expand the  authority of the Department  of Health                      
       and Social  Services to  address statewide  trauma                      
       care system development and to establish standards                      
       for the certification of trauma centers;                                
                                                                               
  (3)  Require  the  Department  of  Health  and   Social                      
       Services   to  establish   an  EMS   patient  care                      
       information system and  require EMS  organizations                      
       and hospital to provide data;                                           
                                                                               
  Mr. Johnson noted that currently there is a statewide trauma                 
  registry  data  system  that every  acute  care  hospital in                 
  Alaska is participating in  on a voluntary basis.   The bill                 
  would put that system  in statute.  He noted  the department                 
  also does surveys of pre-hospital emergency medical services                 
  every  year.    Approximately 75  percent  of  the ambulance                 
  services are already providing data.                                         
                                                                               
  (4)  Change the name  of the State Advisory  Council on                      
       Emergency Medical Services  to the Alaska  Council                      
       on Emergency  Medical Services,  provide that  the                      
       Council advise  the governor and  the commissioner                      
                                                                               
                                                                               
       of Health and  Social Services on EMS  issues, and                      
       specify the types  of EMS  system providers to  be                      
       appointed by the governor;                                              
                                                                               
  (5)  Expand the  authority of  the department  to adopt                      
       regulations to  charge fees for  certification and                      
       licensing of organizations;                                             
                                                                               
  (6)  Provide  for  certification  of emergency  medical                      
       dispatchers;                                                            
                                                                               
  (7)  Provide  for  the  disclosure of  medical  records                      
       information  to  pre-hospital  EMS  providers  for                      
       quality of care review and education; and                               
                                                                               
  (8)  Include  state  certified EMT  instructors  in the                      
       immunity from  liability protection  listed in  AS                      
       18.08.086.   Other provisions of  this bill  would                      
       delete   references   to   the  Statewide   Health                      
       Coordinating Council and health  systems agencies,                      
       which  no  longer  exist,  and  delete  the  words                      
       "physician  trained"  in  statutory references  to                      
       mobile intensive care paramedics (MICP's), to more                      
       accurately reflect  that MICP's  are trained  by a                      
       combination  of  physicians,   nurses  and   other                      
       paramedics.                                                             
                                                                               
  Number 298                                                                   
                                                                               
  CHAIRMAN RIEGER questioned whether the department is already                 
  doing the patient information system.  Mr. Johnson said  the                 
  answer is "yes"  and it is being done under a federal grant.                 
  Chairman Rieger said the fiscal note  is $200 thousand.  Mr.                 
  Johnson explained that if the federal  money runs out, there                 
  is no  money currently to  replace it.   If the  bill passes                 
  along with the  fiscal note, that would give  the department                 
  the  money to  continue the system.   It started  as a pilot                 
  program in 1988 and it is a very good data system.                           
                                                                               
  Chairman  Rieger  asked what  benefits  are coming  from the                 
  system.  Mr. Johnson said the system has two major purposes.                 
  One purpose is  provide data for  quality of care review  so                 
  that  the  department can  give  reports back  to hospitals.                 
  Very soon  they will be  giving reports to  the pre-hospital                 
  ambulance  services on trauma patients.  Mr. Johnson said it                 
  is a very sophisticated piece of software that was developed                 
  by the former chairman of  the American College of Emergency                 
  Physicians, Committee on  Trauma.  Included in  the software                 
  are  some parameters  that  came  out  of the  Major  Trauma                 
  Outcome Study, which was  a nationwide study done by  trauma                 
  centers throughout the U.S. in the mid 1980s.                                
                                                                               
  Mr. Johnson referred  to the other  major piece of the  data                 
  the  department  gets information  on  which relates  to the                 
                                                                               
                                                                               
  causes  and severity  of the  injuries.   Injuries  are like                 
  diseases as  they tend to  show up in clusters.   When those                 
  clusters can be identified, you can begin to look at ways to                 
  prevent  those  injuries.   He  said they  are  beginning to                 
  review  the  data  and  isolate  those  circumstances  which                 
  resulted in injuries.                                                        
                                                                               
  TODD  HUTTENLOCHER,  Medical  Director,   Emergency  Medical                 
  Services Section, Department of Health and  Social Services,                 
  testified  in  support of  SSSB 71.    He said  the enabling                 
  legislation for the EMS Section is  15 years old.  Over that                 
  time  period, the department  has identified a  need for the                 
  designation of paramedic training programs and certification                 
  of those programs within the state.   They have identified a                 
  need   for   emergency   medical    dispatch   certification                 
  standardization.  Neither  of those currently exist  and the                 
  legislation will  allow  the  department  to do  that  in  a                 
  formulated, well thought out pre-planned system.                             
                                                                               
  Number 354                                                                   
                                                                               
  There being  no further  testimony on  the measure,  SENATOR                 
  LEMAN moved to pass SSSB 71 out of the Senate HESS Committee                 
  with  individual  recommendations  and  accompanying  fiscal                 
  notes.  There being no objection, the motion passed.                         
  Number 362                                                                   
  The last  measure to come  before the Senate  HESS Committee                 
  was SB 61 (IMPLEMENT ALASKA 2000 RECOMMENDATIONS).  CHAIRMAN                 
  RIEGER  indicated   that  Senator   Salo  was   present  via                 
  teleconference.  He said  at the last meeting Senator  Ellis                 
  had introduced  an amendment.   SENATOR  ELLIS explained  he                 
  withdrew  it  to  come  up  with  a  new  improved  version.                 
  Chairman Rieger noted that the  committee was addressing the                 
  section of the bill that deals with charter schools.                         
                                                                               
  Senator Ellis referred  to concerns  raised at the  previous                 
  meeting  and  said  the  original  bill  allows  40  charter                 
  schools.  He  said he reduced that  to 4.  Then  some people                 
  thought that wasn't enough so he  raised it to 10.  He  said                 
  the State of California, which is experimenting with a pilot                 
  project, has allowed  100 pilot schools.   There was also  a                 
  concern about the government of charter schools.  He said in                 
  his amendment,  at least  25 percent of  the teachers  would                 
  need  to sign  a  petition and  be in  favor of  the charter                 
  school  concept, and  50 percent  of the  parents.   Senator                 
  Ellis said  he  would personally  prefer a  much larger  and                 
  significant buy-in by the professional  staff of the school.                 
  He read a section of the Anchorage School District's summary                 
  of responses to the Alaska  2000 recommendations relating to                 
  charter  schools:    "We  support  a group  of  parents  and                 
  teachers coming forward with a plan  for a school within the                 
  policies and  mission of  the district but  not outside  the                 
                                                                               
                                                                               
  public school system."  Senator Ellis gave committee members                 
  a list of all the current alternative programs that parents,                 
  teachers  and students have  brought forward in  the past to                 
  meet specialized needs.                                                      
                                                                               
  Senator Ellis' amendment follows:                                            
                                                                               
  Page 1, lines 1-2:                                                           
       Delete  "implementing  certain  recommendations of                      
       Alaska 2000 to improve"                                                 
       Insert "relating to"                                                    
                                                                               
  Page 6, lines 30-31:                                                         
       Delete "the application  of the  initial board  of                      
       directors of a charter school and the approval of"                      
       Insert "approval of a charter school petition by"                       
                                                                               
  Page 7, line 1:                                                              
       Delete "40"                                                             
       Insert "10"                                                             
                                                                               
  Page 7, lines 3-8                                                            
       Delete all material.                                                    
       Insert new subsections to read:                                         
            "(b)  Each local school board shall prescribe                      
       a procedure by  which an  individual may submit  a                      
       charter school petition  for the reorganization of                      
       a school within the district  as a charter school.                      
       The procedure may  include a  proposed form for  a                      
       charter between  a  charter school  and the  local                      
       school board,  setting out  the charter  elements.                      
       The petition for the establishment  of a school in                      
       a district as  a charter school may  be circulated                      
       by  one or  more individuals seeking  to establish                      
       the  charter  school.   A charter  school petition                      
       must be signed by not less  than 50 percent of the                      
       parents of the  school attendance area and  by not                      
       less than 25  percent of the teachers  employed by                      
       the school at the time the petition is circulated.                      
            (c)  The  charter  school  petition shall  be                      
       submitted to the school board for review.                               
            (d)  The  school  board  shall   hold  public                      
       hearings on the provisions  of the charter  school                      
       and determine  the  level of  parent and  employee                      
       support for the charter  school.  Following review                      
       of the  charter school petition,  the board  shall                      
       either grant or deny the petition                                       
            (e)  A charter school  petition must  include                      
       the following:                                                          
       (1) a  description of  the educational program  of                      
       the school designed  to identify those individuals                      
       that the school is attempting to educate;                               
       (2) the  measurable pupil outcomes  identified for                      
       use  by  the  charter school;  in  the  paragraph,                      
                                                                               
                                                                               
       "pupil outcomes" mean the  extent to which  pupils                      
       of the school demonstrate that they  have attained                      
       the skills, knowledge,  and attitudes specified as                      
       goals in the school's educational program;                              
       (3)  the   governing  structure  of   the  school,                      
       including the process to be followed by the school                      
       to ensure parental involvement;                                         
       (4)  a  description  of  how  new  and  innovative                      
       teaching methods will be encouraged;                                    
       (5)    a    description   of    how   professional                      
       opportunities  for  teachers   will  be   created,                      
       including  the opportunity  to be  responsible for                      
       the learning program at the school site.                                
            (f)  A local  school board  shall forward  to                      
       the  state  Board  of Education  a  charter school                      
       petition that has been approved or denied."                             
                                                                               
  Page 7, lines 15-16:                                                         
       Delete "in the contract.  A board of directors for                      
       the  charter school shall oversee the operation of                      
       that school."                                                           
                                                                               
  Page 7, lines 17-31                                                          
       Delete all material.                                                    
       Insert "(b) The charter school shall"                                   
                                                                               
  Page 8, line 3                                                               
       Delete "(e)"                                                            
       Insert "(c)"                                                            
                                                                               
  Page 8, lines 6-7                                                            
       Delete "permanent charter school board"                                 
       Insert "charter school"                                                 
                                                                               
  Page 8, lines 27-28                                                          
       Delete "permanent charter school board"                                 
       Insert "charter school"                                                 
                                                                               
  Page 9, line 8:                                                              
       Delete "initial and permanent board of a"                               
                                                                               
  Page 9, line 21, after "drawing":                                            
       Insert "A school board in a district may not require a                  
       pupil to attend a charter school."                                      
                                                                               
  Page 9, lines 22-23:                                                         
       Delete all material and insert:                                         
            "(c) A charter school shall be                                     
       nonsectarian and shall comply  with the conditions                      
       of its charter school petition.   A charter school                      
       may  not discriminate on  the basis  of ethnicity,                      
       national origin, gender, or disability."                                
                                                                               
  Page 9, line 26, through page 10, line 2:                                    
                                                                               
                                                                               
       Delete all material and insert:                                         
            "(b) The provisions contained in a                                 
       negotiated  agreement  or   collective  bargaining                      
       agreement   applicable   to   teachers  or   other                      
       employees who  transfer into a charter  school may                      
       not  be altered  or  changed as  a  result of  the                      
       creation of a charter school.                                           
            (c)  A  teacher  in  a  charter  school  shall  be                 
  evaluated      in  the  same  manner  as  all                                
                 other teachers  in the  school                                
                 district."                                                    
                                                                               
  Page 10, after line 9                                                        
       Insert "(2) `district' has the meaning given in AS                      
       14.17.250;"                                                             
                                                                               
  Renumber the following paragraphs accordingly.                               
                                                                               
  Page 10, lines 15-16:                                                        
       Delete all material                                                     
                                                                               
  Renumber the following paragraphs accordingly.                               
                                                                               
  CHAIRMAN RIEGER questioned  the meaning of the  amendment on                 
  Page 7, lines 17-31,  Delete all material.  Insert  "(b) The                 
  charter school  shall."   Senator Ellis  explained that  the                 
  drafter had made  a mistake on  the amendment.  The  drafter                 
  deleted  what needs  to be  deleted but  didn't  insert what                 
  should have been inserted.   He said the new language is  in                 
  the amendment but is placed earlier in the bill.                             
                                                                               
  Chairman Rieger referred to part of Senator Ellis' amendment                 
  on page 7 relating to a charter school petition that must be                 
  signed by not  less than 50  percent of  the parents of  the                 
  school attendance area  and by not  less than 25 percent  of                 
  the teachers employed by the school at the time the petition                 
  is circulated.  He  said it sounds like a  major undertaking                 
  and  said  he  thought  it  would  be  something  much  more                 
  experimental   and  a   small   scale  effort   rather  then                 
  disassembling  an  entire  school  and  restarting it  as  a                 
  different school.   Senator Ellis said  he thinks that is  a                 
  major issue and the amendment limits the experiment or pilot                 
  project.    At  the last  meeting,  Senator  Leman raised  a                 
  concern about  how charter  schools won't  cost more  money.                 
  Senator  Ellis  said  he  believes  that  they  will.    New                 
  resources are needed or existing  resources will be diverted                 
  from their current use.  Unless there is more money, it will                 
  be a disservice to students who will be left behind.                         
                                                                               
                                                                               
  Number 514                                                                   
                                                                               
  Chairman  Rieger  asked  Senator  Ellis  to comment  on  his                 
  amendment  on  page  9,  line  26,  relating  to  collective                 
                                                                               
                                                                               
  bargaining.    Senator  Ellis said  he  didn't  believe that                 
  charter schools should be a way to circumvent the collective                 
  bargaining  process  for   the  certificated   professionals                 
  involved in delivering  education to kids.   Chairman Rieger                 
  asked  if  the  creation of  a  charter  school  would be  a                 
  bargainable issue.   Senator Ellis  said he thinks  that all                 
  terms and conditions  of employment  are bargainable  items.                 
  He  said  the way  he  reads subsection  (b)  is when  a the                 
  teacher transfers from a regular school to a charter school,                 
  they wouldn't lose their rights under collective bargaining.                 
                                                                               
                                                                               
  SENATOR SALO said it is important to note that all contracts                 
  between districts and employee groups have a method by which                 
  they  can  be  changed  which is  called  a  "Memorandum  of                 
  Agreement."    Both  parties  would  have to  agree  to  any                 
  changes.                                                                     
                                                                               
  TAPE 93-21, SIDE B                                                           
                                                                               
  SENATOR ELLIS moved that Amendment #10 be adopted.  CHAIRMAN                 
  RIEGER objected.   He said his  primary objection is at  the                 
  bottom of page 1 of the amendment  relating to the number of                 
  charter schools to be reviewed at any time.  He indicated he                 
  wants  more  latitude for  the  creation of  charter schools                 
  within the existing  school district  and within the  actual                 
  school.                                                                      
                                                                               
  Number 029                                                                   
                                                                               
  SENATOR  SHARP said he would like to make sure that there is                 
  an  opportunity for  all major  school districts to  have at                 
  least one charter  school.  He said if the  policy was first                 
  come, first serve without any limits  set, the larger school                 
  districts could  apply for all  the charter schools.   There                 
  should be some control.                                                      
                                                                               
  Chairman  Rieger referred  to  the  amendment and  suggested                 
  rewording page 3, lines  3-8:  "(b) Each local  school board                 
  shall prescribe a  procedure for  application to the  school                 
  board for formation of a charter  school.  The procedure may                 
  include  a proposed  form for  a charter  between a  charter                 
  school and the local  school board, setting out  the charter                 
  elements."   He  then  suggested deleting  the  rest of  the                 
  paragraph.                                                                   
                                                                               
  SENATOR  DUNCAN said  perhaps  amendments  to the  amendment                 
  would be appropriate.  He said he willing to support Senator                 
  Ellis' amendment as written.   If it is  too loose, he  will                 
  not support the amendment.  Senator  Duncan said he won't be                 
  supportive if the wording that  Chairman Rieger suggested is                 
  inserted.                                                                    
                                                                               
  Chairman Rieger referred  to the proposed amendment  on page                 
                                                                               
                                                                               
  9,  line  26, through  page  10,  line 2,  paragraph  (c) "A                 
  teacher in a charter  school shall be evaluated in  the same                 
  manner as all  other teachers in  the school district."   He                 
  suggested deleting the  words "the  same" and inserting  the                 
  words "an  equivalent."  Senator Ellis said he wouldn't have                 
  any problem with the new wording.  He said he would consider                 
  it a friendly amendment.                                                     
                                                                               
  Senator Ellis asked  that there be  a vote on Amendment  #10                 
  which would  include Chairman Rieger's suggestion  to change                 
  "the same" to "an equivalent."                                               
                                                                               
  There  was discussion  regarding whether Senator  Salo could                 
  vote on the amendment via teleconference.  It was determined                 
  that she may vote on amendments but could not vote to move a                 
  bill  from  the  committee  as   that  actually  requires  a                 
  signature on a bill reporting form.                                          
                                                                               
  Number 170                                                                   
                                                                               
  CHAIRMAN RIEGER moved  to amend Amendment  #10.  On page  7,                 
  lines  3-8,  replace paragraph  (b)  with the  following new                 
  language:   "(b) Each local  school board shall  prescribe a                 
  procedure for application to the  school board for formation                 
  of a charter school.   The procedure may include  a proposed                 
  form for a  charter between a  charter school and the  local                 
  school board, setting  out the  charter elements."   SENATOR                 
  ELLIS objected to  the amendment to  the amendment.  A  roll                 
  call  vote was  taken.   Senators Rieger,  Sharp, and  Leman                 
  voted in favor of the amendment  to the amendment.  Senators                 
  Duncan, Ellis, Salo voted "no."  So the motion failed.                       
                                                                               
  A  roll call  vote was  then taken  on the  motion to  adopt                 
  Amendment #10.   Senators Duncan,  Ellis, Salo voted  "yes."                 
  Senators Rieger,  Sharp, Leman voted  "no."   So the  motion                 
  failed.                                                                      
                                                                               
  Number 210                                                                   
                                                                               
  Chairman  Rieger  asked   Mary  Gregory,  Mat-Su   Education                 
  Association  to  give  testimony on  SB  61.    MARY GREGORY                 
  referred to  the tenure  section of  the bill  and said  she                 
  feels that there is a lot of misconception.  It is something                 
  that addresses the dismissal of teachers,  but it is done in                 
  a proper form.   There  are evaluation  tools set  up.   The                 
  problem is that many principals don't  want to do their part                 
  of the evaluations.   They fail to,  don't know how, or  are                 
  reluctant to do it.  Ms. Gregory referred to charter schools                 
  and  said  if  there  are  guidelines  and  the  same school                 
  district rulings  are available  and imposed  in a  friendly                 
  manner,  she believes  that the  people in  the state  could                 
  accept that.  She referred to  extending the school year and                 
  said there would need  to be funding as she  doesn't believe                 
  people will work for  nothing.  Ms. Gregory said  if truancy                 
                                                                               
                                                                               
  and attendance is a concern, why  isn't there any state laws                 
  or regulations to address the issue.   She continued to give                 
  general testimony on SB 61.                                                  
                                                                               
  CHARLIE CRANGLE informed  the committee  he is from  Seward.                 
  He said  the committee  is discussing  education.   It seems                 
  that many times the focus is on the quantity of money rather                 
  than the end product which is quality for kids.  In the long                 
  run, you either pay now or pay later.  He discussed problems                 
  with overcrowded classrooms.  Mr.  Crangle urged that before                 
  we start engaging  in new programs such  as charter schools,                 
  increasing  the  school  year,  etc.,  we need  to  consider                 
  working with what we already have and doing a  better job of                 
  it.  He indicated  concern that teachers aren't part  of the                 
  process and discussed problems with truancy.                                 
                                                                               
  JERRY DIXON, from  Seward, was next to testify.   He said he                 
  came to Alaska 26 years ago and has been in public education                 
  for 10 years.  Mr. Dixon said he is very concerned about the                 
  direction of Alaska 2000.   He indicated concern with budget                 
  cuts and  laying off  teachers.   Mr. Dixon  asked that  the                 
  committee look at the entire agenda and address things  like                 
  pupil/teacher ratio.  He thanked the committee for listening                 
  to him.                                                                      
                                                                               
  CHAIRMAN  RIEGER said  the  bill would  be  back before  the                 
  committee at a later date.                                                   
  Number 445                                                                   
                                                                               
  Chairman Rieger adjourned  the Senate  HESS meeting at  3:50                 
  p.m.                                                                         
                                                                               

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