Legislature(1993 - 1994)

03/17/1993 01:33 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 17, 1993                                        
                            1:33 p.m.                                          
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Steve Rieger, Chairman                                               
  Senator Bert Sharp, Vice-Chairman                                            
  Senator Loren Leman                                                          
  Senator Mike Miller                                                          
  Senator Jim Duncan                                                           
  Senator Johnny Ellis                                                         
  Senator Judy Salo                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  All Present                                                                  
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HOUSE BILL NO. 88 am                                                         
  "An Act  establishing May 1 as  Family Day and the  month of                 
  May as Preservation of the Family Month; and relating to the                 
  prevention of child abuse and neglect in the family."                        
                                                                               
  CS FOR SENATE BILL NO. 79(STA)                                               
  "An  Act  setting  termination  dates  for  various  boards,                 
  commissions, councils, agencies, committees, and programs of                 
  state government;  repealing obsolete  statutes relating  to                 
  the  State  Fire  Commission  and  the Board  of  Electrical                 
  Examiners;   repealing   obsolete   statutes   relating   to                 
  termination of agency programs and activities; increasing to                 
  10 years the  normal maximum interval for  review of boards,                 
  commissions, and other  entities that are subject  to sunset                 
  reviews; and providing for an effective date."                               
                                                                               
  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 88 - No previous action to record.                                        
                                                                               
  SB  79  - See  State  Affairs  minutes  dated  2/10/93,  and                 
  2/17/93.          See HESS minutes dated 3/12/93.                            
                                                                               
  SB 61 - See HESS minutes dated 2/8/93, 2/10/93, 2/17/93,                     
          2/24/93, 3/3/93 and 3/8/93.                                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Massoud Shadzad, President                                                   
                                                                               
                                                                               
  PROMPT Foundation, Inc.                                                      
  For Preservation of Family, Prevention                                       
  of Domestic Violence and Child Abuse                                         
  P.O. Box 22234                                                               
  Juneau, Alaska 99802                                                         
  POSITION STATEMENT:  Testified in support of HB 88 am.                       
                                                                               
  Randy Welker, Legislative Auditor                                            
  Legislative Audit Division                                                   
  P.O. Box 113300                                                              
  Juneau, Alaska 99811-3300                                                    
  POSITION STATEMENT:  Answered questions on CSSB 79(STA).                     
                                                                               
  Vince Barry, Director                                                        
  Education Program Support                                                    
  Department of Education                                                      
  801 West 10th Street, Suite 200                                              
  Juneau, Alaska 99801-1894                                                    
  POSITION STATEMENT:  Testified on SB 61.                                     
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-25, SIDE A                                                           
  Number 001                                                                   
                                                                               
  CHAIRMAN  RIEGER called  the  Senate  Health, Education  and                 
  Social Services (HESS) Committee to order at 1:33 p.m.                       
  The first order  of business was HB  88 am (MAY 1  IS FAMILY                 
  DAY/MAY IS FAMILY  MONTH).   Chairman Rieger indicated  that                 
  Patty Swenson from Con Bunde's office was present to  answer                 
  questions.                                                                   
                                                                               
  The  only  person  to testify  on  the  measure was  MASSOUD                 
  SHADZAD,   President,   PROMPT    Foundation,   Inc.,    For                 
  Preservation of  Family, Prevention of Domestic Violence and                 
  Child Abuse.  He gave his written testimony to the committee                 
  members.  Mr.  Shadzad explained he has  been doing research                 
  over  the  last  twenty-five  years  and has  concluded  the                 
  institution of the family is disintegrating.  He said we can                 
  no  longer  ignore  this  important  institution.   We  have                 
  "Prevention of Child Abuse Month" which is April.  Family is                 
  a basic and the most important  institution that needs to be                 
  preserved.   Mr. Shadzad explained that  during the last few                 
  years he has tried to get a resolution and proclamation from                 
  the Department of State.  Last year, seven states designated                 
  the month of  May as Preservation of Family  Month.  He said                 
  his organization is trying to get  the focus of agencies and                 
  people in the communities to pay attention to this important                 
  issue.  The concept  is a positive concept and  doesn't cost                 
  anything.  He  said he is trying  to motivate self-supported                 
  projects  on  an individual  or agency  basis.   Mr. Shadzad                 
  urged the committee to pass HB 88 am.                                        
                                                                               
                                                                               
  There being no  further testimony,  SENATOR MILLER moved  to                 
  pass  HB  88  am, out  of  the  Senate  HESS Committee  with                 
  individual recommendations.  Hearing  no objection, the bill                 
  was moved out of committee.                                                  
  Number 081                                                                   
  The  next  order  of  business   was  CSSB  79(STA)  BOARDS/                 
  COMMISSIONS/COUNCILS/AUTHORITIES.  CHAIRMAN RIEGER indicated                 
  the bill had  been heard before and was held for the purpose                 
  of amendments.  He said he would like to explain some of his                 
  concerns before the  bill moves forward.   He said the  HESS                 
  Committee will be doing work on  health care issues over the                 
  next year.   In looking at the extension  dates for a number                 
  of boards  and commissions,  it occurred  to him  that there                 
  might  be  some needed  changes.   He  referred  to Clinical                 
  Social  Work  Examiners,  State   Medical  Board,  Board  of                 
  Nursing,  Chiropractor   Examiners,  Dispensing   Opticians,                 
  Examiners   in   Optometry,   Pharmacy,  Psychologists   and                 
  Psychological Associate Examiners, and said that we might be                 
  going too far to  extend their termination date to  the year                 
  2000.  He  said he believes  the committee should  recommend                 
  extending them to 1996.                                                      
                                                                               
  Chairman Rieger said  there are  three sections in  existing                 
  law which refers to how the  legislature shall form and pass                 
  a bill.  The first section is on page 3, lines 12 - 15, "(c)                 
  A board scheduled  for termination under this chapter may be                 
  continued or reestablished  by the legislature for  a period                 
  not to exceed  four years unless  the board is continued  or                 
  reestablished for  a longer period under AS  08.03.010."  He                 
  said he doesn't see a reason  for the committee to prescribe                 
  in law how a future legislature shall format their bills and                 
  make  their  choices  routinely.   He  recommended  that the                 
  section be  repealed.  Chairman  Rieger also  said the  same                 
  thing occurs in two other places, page 5, lines 17 - 20, and                 
  on page 8, lines 9 - 14.                                                     
                                                                               
  The  next  change  Chairman  Rieger  recommended  was   that                 
  Legislative Budget and Audit be  given specific direction to                 
  review computer  and telecommunication systems.   Currently,                 
  the Finance Committee  is faced  with requests from  various                 
  state  agencies   for  $20  million  in  computer  hardware,                 
  software, and  software development.   It has become  such a                 
  significant part of the  state's operations that Legislative                 
  Budget and Audit  should be expanding their  capabilities in                 
  security and similar areas.                                                  
                                                                               
  Chairman Rieger  said his  last recommendation  is that  the                 
  sunset  provision  on page  5,  line  22, be  changed.   The                 
  requirement to have  a hearing should be  more applicable to                 
  the extension or the reestablishment of  a board rather than                 
  the  termination.   Having  a  hearing before  you terminate                 
  seems contrary to  the purpose of having  sunset legislation                 
                                                                               
                                                                               
  in  the  first place.    He said  he  has put  all  of those                 
  suggestions into one amendment which follows:                                
                                                                               
       Page 1, line 5:                                                         
            Delete "increasing to 10 years the"                                
            Insert  "relating   to  review  of   computer  and                 
       telecommunications systems used by state agencies;                      
       eliminating  certain  restrictions  on bills  that                      
       reorganize  or  continue  boards and  commissions;                      
       relating  to  legislative  review  of  boards  and                      
       commissions; repealing statutes that set a"                             
                                                                               
       Page 2, line 13:                                                        
            Delete "2003"                                                      
            Insert "1996"                                                      
                                                                               
       Page 2, line 16:                                                        
            Delete "2000"                                                      
            Insert "1996"                                                      
                                                                               
       Page 2, line 19:                                                        
            Delete "2003"                                                      
            Insert "1996"                                                      
                                                                               
       Page 2, line 28:                                                        
            Delete "2002"                                                      
            Insert "1996"                                                      
                                                                               
       Page 2, line 29:                                                        
            Delete "2002"                                                      
            Insert "1996"                                                      
                                                                               
       Page 3, line 2:                                                         
            Delete "2003"                                                      
            Insert "1996"                                                      
                                                                               
       Page 3, line 3:                                                         
            Delete "1998"                                                      
            Insert "1996"                                                      
                                                                               
       Page 3, line 7:                                                         
            Delete "2001"                                                      
            Insert "1996"                                                      
                                                                               
       Page 3, line 12 - 15:                                                   
            Delete all material.                                               
                                                                               
       Renumber the following bill sections accordingly.                       
                                                                               
       Page 4, line 1, after "(5)":                                            
            Insert       "review       computer       and                      
       telecommunications systems used by state agencies,                      
       particularly   with   respect   to   their   cost-                      
       effectiveness and security;                                             
                                                                               
                                                                               
                 (6)"                                                          
                                                                               
       Page 4, line 4:                                                         
            Delete "(6)"                                                       
            Insert "(7) [(6)]"                                                 
                                                                               
       Page 4, line 6:                                                         
            Delete "(7)"                                                       
            Insert "(8) [(7)]"                                                 
                                                                               
       Page 4, line 10:                                                        
            Delete "(8)"                                                       
            Insert "(9) [(8)]"                                                 
                                                                               
       Page 4, line 12:                                                        
            Delete "(9)"                                                       
            Insert "(10) [(9)]"                                                
                                                                               
       Page 5, lines 17 - 20:                                                  
            Delete all material.                                               
                                                                               
       Renumber the following bill sections accordingly.                       
                                                                               
       Page 5, lines 22 - 23:                                                  
            Delete "termination, dissolution, continuation,"                   
            Insert "[TERMINATION, DISSOLUTION,] continuation"                  
                                                                               
       Page 8, lines 9 - 14:                                                   
            Delete all material and insert:                                    
                 "[(e)  THE  COMMITTEE  OF REFERENCE                           
            MAY INTRODUCE A  BILL PROVIDING FOR  THE                           
            REORGANIZATION  OR  CONTINUATION  OF THE                           
            BOARD, COMMISSION OR AGENCY PROGRAM.  NO                           
            MORE  THAN  ONE  BOARD,  COMMISSION,  OR                           
            AGENCY  PROGRAM  MAY  BE   CONTINUED  OR                           
            REESTABLISHED IN  ANY LEGISLATIVE  BILL,                           
            AND  THE  BOARD,  COMMISSION, OR  AGENCY                           
            PROGRAM MUST  BE MENTIONED IN  THE TITLE                           
            OF THE BILL.]"                                                     
                                                                               
       Page 8, line 18, after "08.01.010(12);":                                
            Insert "AS 08.03.020(c);"                                          
                                                                               
       Page 8, line 22, after "AS":                                            
            Insert "44.66.010(c),"                                             
                                                                               
       Page 8, lines 23 - 26:                                                  
            Delete all material.                                               
                                                                               
       Renumber the following bill section accordingly.                        
                                                                               
  Chairman  Rieger  said he  hasn't had  a  chance to  get Mr.                 
  Welker's  response  to  the  proposed  amendment,  but would                 
  appreciate any comments.                                                     
                                                                               
                                                                               
  RANDY   WELKER,   Legislative  Auditor,   Legislative  Audit                 
  Division, said he  did get a  chance to review the  proposed                 
  changes.  He said Chairman Rieger has recommended moving the                 
  sunset date on eight  medical related occupational licensing                 
  boards to  1996.   The concern  is it  would require  sunset                 
  examinations all at  once.   With the other  boards and  the                 
  redistribution of sunset  termination dates in the  bill, it                 
  would require the division to conduct close to twelve sunset                 
  reviews during 1995 leading up to the termination date.  Mr.                 
  Welker said there would be an  impact on the division as far                 
  as  the audit resources.   He referred  to proposed language                 
  relating  to  reviewing the  computer  and telecommunication                 
  systems  and  said  the  place   where  Chairman  Rieger  is                 
  suggesting the change  is the function of  Legislative Audit                 
  and not the Budget and Audit Committee.  Mr. Welker referred                 
  to the recommendation  to delete  certain language and  said                 
  part of it pertains to the fact that no more than one board,                 
  commission,   or  agency   program  may   be  continued   or                 
  reestablished in any legislative bill.   He said he believes                 
  the purpose behind that language  was to provide independent                 
  review and analysis on a board  by board basis in the formal                 
  sunset process and not allow any one board to go through and                 
  survive the sunset process on the  coattails of another.  It                 
  makes  them  all stand  up  to independent  scrutiny  in the                 
  normal sense of process.                                                     
                                                                               
  CHAIRMAN RIEGER asked  Mr. Welker if he has a recommendation                 
  regarding  staggered  sunset  dates.   Mr.  Welker  said the                 
  sunset  dates  were initially  staggered  over the  ten year                 
  cycle.   Currently, in  the proposed  redistribution of  the                 
  boards over the  division's recommended  ten year cycle,  it                 
  gives them  the responsibility of conducting audits on about                 
  four  boards  a   year.     He  said  he   doesn't  have   a                 
  recommendation to address  Chairman Rieger's concern at  the                 
  present time.                                                                
                                                                               
  Chairman  Rieger  referred  to  the  function  of  reviewing                 
  computer and telecommunications and said he actually thought                 
  that the  Legislative Audit  Division was  the right  place.                 
  Mr. Welker said that earlier,  Chairman Rieger mentioned the                 
  Budget and Audit Committee.                                                  
                                                                               
  Number 219                                                                   
                                                                               
  SENATOR LEMAN  said four of  the boards/commissions normally                 
  expire in 1995 and he doesn't see a particularly good reason                 
  to  extend them to  1996.  Four  would be pulled  out of the                 
  bill  as they would become due in  1995 anyway and the other                 
  four would  be extended  to 1996.   Senator  Leman said  his                 
  suggestion could become  an amendment to the  amendment.  It                 
  takes care of spreading  the work load.  Those  boards would                 
  be  Clinical Social  Work  Examiners, State  Medical  Board,                 
  Board  of  Nursing,   and  Psychologists  and  Psychological                 
                                                                               
                                                                               
  Associate Examiners.                                                         
                                                                               
  SENATOR  MILLER  moved  the   amendment.    CHAIRMAN  RIEGER                 
  objected for the purpose of discussion.                                      
                                                                               
  SENATOR LEMAN  moved the  amendment to  the amendment  which                 
  would  delete  Clinical  Social   Workers  Examiners,  State                 
  Medical  Board, Board  of  Nursing,  and  Psychologists  and                 
  Psychological Associate Examiners from the bill.                             
                                                                               
  Chairman  Rieger said  his  approach is  to  not extend  the                 
  medical related boards out to the  year 2000 given the state                 
  of the  health care issues currently being  discussed in the                 
  legislature and nationally.                                                  
                                                                               
  Number 272                                                                   
                                                                               
  SENATOR ELLIS said he would like to offer  an amendment.  On                 
  page 5, line 12, change extend  the termination date for the                 
  Citizens Review Panel for Permanency Planning from "1994" to                 
  "1996."  He indicated his concern  with the plight of foster                 
  children and the need to take  the review of their situation                 
  out of the bureaucracy.   MR. WELKER said he didn't  have an                 
  objection to the amendment.                                                  
                                                                               
  CHAIRMAN RIEGER  said the amendment  has been moved  and the                 
  amendment to the amendment has been moved.  He discussed the                 
  amendment to the  amendment.  Page 2, line 13  refers to the                 
  Board  of   Chiropractic  Examiners  and  said  that  hasn't                 
  changed.  He discussed proposed changes:                                     
                                                                               
       Page 2, line 16, relating to the Board of Clinical                      
       Social Work Examiners, the  date would change from                      
       "June 30, 2000," to "June 30, 1996."                                    
                                                                               
       Page  2, line 19, the language would remain as is.                      
                                                                               
                                                                               
       Page 2,  line 28,  relating to  the State  Medical                      
       Board, the date would change  from "June 30, 2002"                      
       to "June 30, 1995."                                                     
                                                                               
       Page 2, line 29, relating to the Board of Nursing,                      
       the date  would changed  from "June  30, 2002"  to                      
       "June 30, 1995."                                                        
                                                                               
       Page 3, line  2, Board of Examiners  in Optometry,                      
       would remain as is.                                                     
                                                                               
       Page 3, line 3, Board of Pharmacy, would remain as                      
       is.                                                                     
                                                                               
       Page  3,  line   7,  relating  to  the   Board  of                      
       Psychologist    and     Psychological    Associate                      
                                                                               
                                                                               
       Examiners, the  date would  change from "June  30,                      
       2001" to "June 30, 1995."                                               
                                                                               
  Chairman Rieger  asked if there was an  objection to Senator                 
  Leman's  amendment  to  the amendment.    Hearing  none, the                 
  motion  carried.   Chairman  Rieger asked  if  there was  an                 
  objection  to  the  amendment as  amended.    SENATOR DUNCAN                 
  stated his objection  for the record  but did not request  a                 
  roll call vote.  So the motion passed.                                       
                                                                               
  Number 345                                                                   
                                                                               
  SENATOR  ELLIS moved  that  Amendment  #2  be adopted.    He                 
  explained his amendment changes the date on page 5, line 12,                 
  from "1994"  to "1996."   Hearing  no objection,  the motion                 
  carried.                                                                     
                                                                               
  There  being  no  further discussion  on  the  bill, SENATOR                 
  MILLER  moved  that SB  79, as  amended  by the  Senate HESS                 
  Committee,  be  passed  out  of  committee  with  individual                 
  recommendations.  Hearing no objection, it was so ordered.                   
  Number 364                                                                   
  The last order of business to  come before the committee was                 
  SB  61 (IMPLEMENT  ALASKA 2000  RECOMMENDATIONS).   CHAIRMAN                 
  RIEGER said as he recalls at  the last meeting Senator Ellis                 
  had  offered  Amendment #10  which  deleted references  to a                 
  permanent charter school board and an initial charter school                 
  board.   An  amendment to  the amendment  was offered  which                 
  failed and then the amendment failed.  Chairman Rieger  said                 
  some of  the language in Senator Ellis' amendment is useful.                 
  He moved the following amendment be adopted:                                 
                                                                               
  Page 7, lines 15-16:                                                         
       Delete "in the contract.  A board of directors for                      
       the charter school shall oversee the  operation of                      
       that school."                                                           
                                                                               
  Chairman Rieger  said it would be his  intention to consider                 
  taking out the references  of a separate board of  directors                 
  of a charter school.  He said it would be separate  from the                 
  school board.                                                                
                                                                               
  SENATOR ELLIS asked if there aren't two issues involved.  He                 
  said "in the  contract" is a  sperate issue from a  separate                 
  board of directors.  He said it made sense when other  parts                 
  of the amendment were included.  Chairman Rieger removed his                 
  motion to  adopt the  amendment.   He said  he is trying  to                 
  address  the point  raised  at the  last  meeting about  the                 
  confusion of having two boards.                                              
                                                                               
  SENATOR SALO referred to the reference to the separate board                 
  for the charter school and said  you would have to eliminate                 
                                                                               
                                                                               
  most of section (b) as it spells  out the composition of the                 
  board.  SENATOR  DUNCAN said  (b), (c), (d)  spells out  the                 
  composition of the board.  Senator  Salo referred to (c) and                 
  said it could be eliminated or the function could be changed                 
  to another group such as the faculty of that charter school.                 
                                                                               
  CHAIRMAN RIEGER said the next amendment  was to delete lines                 
  17 through  31.  Senator Duncan said  he thinks it should be                 
  all one amendment.                                                           
                                                                               
  Chairman  Rieger  moved  to  delete,   for  the  purpose  of                 
  discussion, on page 7, lines 15 and 16 the last sentence, "A                 
  board of directors for the charter school shall oversee  the                 
  operation of  that school."   He  continued  to propose  the                 
  following amendment:                                                         
                                                                               
  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 boards of a"                              
                                                                               
  Chairman Rieger asked  if the Department of Education  had a                 
  comment regarding  the  amendment.   VINCE BARRY,  Director,                 
  Education Program Support, Department of Education, said the                 
  idea  of  the board  of directors  is  it gives  parents and                 
  teachers an opportunity to put  the charter school together.                 
  He  said  it is  a very  simplistic  kind of  activity where                 
  teachers and parents  can get together and  make suggestions                 
  as to how they can operate this type of a school in a school                 
  setting.  They  would have their own board.   He referred to                 
  "(d)" and said after  the approval of the local  board, they                 
  then have a  permanent charter  school.  The  intent of  the                 
  legislation is  for the school  to operate under  the school                 
  district's  board.    Chairman  Rieger  said he  thinks  the                 
  amendment is a clarifying amendment to make sure that  there                 
  isn't  confusion as  to whether  there is a  separate school                 
  board or not.                                                                
                                                                               
  Chairman Rieger  asked  if  there  is an  objection  to  the                 
  proposed amendment.   SENATOR  LEMAN objected.   He said  he                 
                                                                               
                                                                               
  believes  that the amendment guts  one of the key principles                 
  of  the establishment  of charter  schools which  is to  get                 
  parents more involved in a curriculum that  is more tailored                 
  to  a  specific program  that they  want  to establish.   He                 
  indicated there needs to  be more input at the  local level.                 
  There  is the  overall  authority of  the  school board  and                 
  having a board of directors for  the charter school might be                 
  a better way to go.                                                          
                                                                               
  Chairman  Rieger  said  there  is  going  to have  to  be  a                 
  conforming language change on page 7,  around lines 3 and 5.                 
  He  said he thinks  the requirement  for teacher  and parent                 
  involvement might be able to be inserted.                                    
                                                                               
  Number 521                                                                   
                                                                               
  SENATOR  SHARP  said there  has to  be  a driving  force and                 
  parents and teachers have  to be involved in the  welfare of                 
  the children.                                                                
                                                                               
  Chairman  Rieger  said   he  would  like  to   suggest  some                 
  additional  language.   On  page  6, line  30,  after "upon"                 
  delete "the application of the initial board of directors of                 
  a charter school  and the" and replace  with "an application                 
  for  a  charter school,"   It  would  then read,  "A charter                 
  school may be established as provided under sections 12 - 19                 
  of this  Act  upon the  application  for a  charter  school,                 
  approval of the local  school board, and the State  Board of                 
  Education."   Chairman Rieger  referred to  page 7,  line 3,                 
  "after  procedure"  delete the  words  "by which  an initial                 
  board of directors may  apply" and insert the words  "for an                 
  application."  It would read, "Each local school board shall                 
  prescribe   a   procedure   for  an   application   by   the                 
  establishment of a charter school in that school district."                  
                                                                               
  SENATOR  SALO suggested  saying,  "prescribe an  application                 
  procedure."  Chairman  Rieger agreed.   It would then  read,                 
  "Each  local school  board  shall  prescribe an  application                 
  procedure for the establishment of a charter  school in that                 
  school  district."    CHAIRMAN RIEGER  referred  to  Senator                 
  Leman's concern and  said there is  a desire to address  it.                 
  He said, "The application procedure  must be sponsored by at                 
  least  one  parent of  a  perspective student  of  a charter                 
  school and one person  who is a perspective teacher  of that                 
  school."  SENATOR ELLIS  said he had proposed a  much higher                 
  and also  a  lower  standard in  a  previous  amendment  and                 
  neither was  adopted.   He indicated  he doesn't  agree with                 
  Chairman Rieger's suggestion.                                                
                                                                               
  SENATOR  LEMAN said  he  doesn't see  the  problem with  the                 
  organization and calling it a "board of directors."  He said                 
  he doesn't care what it is called.  They are operating under                 
  contract through  the school board,  and if  the problem  is                 
  with  calling  it a  board of  directors,  it can  be called                 
                                                                               
                                                                               
  something else.  He said it will be a functioning group that                 
  will  execute on the contract.   It is going to maintain the                 
  highest level of local control  within the confines of  that                 
  contract.  He said he isn't so  concerned with the name.  It                 
  is the function that is important.  Senator Leman said there                 
  would  be  nine members,  and there  would  be at  least one                 
  parent  of  a  perspective  student,   and  one  perspective                 
  teacher.  It forms a nucleus  of people who are going to  be                 
  actively  involved  in the  school.   They  are going  to be                 
  interested in the success of that charter school.                            
                                                                               
  TAPE 93-25, SIDE B                                                           
  Number 001                                                                   
                                                                               
  CHAIRMAN RIEGER said  language could  be included that  says                 
  that the application must include provisions for an academic                 
  policy committee consisting  of at  least three teachers  in                 
  the school or something similar.                                             
                                                                               
  Chairman Rieger suggested that on page 7, at the end of line                 
  4, insert "The  application must  include provisions for  an                 
  academic policy  committee consisting of faculty and parents                 
  of the school."   SENATOR SHARP asked if there would  be one                 
  for  the  whole school  district  or  if an  applicant  must                 
  consist of  an academic  policy committee  for the  proposed                 
  charter  school.   Chairman  Rieger said  it  isn't for  the                 
  people submitting  the application,  it is  to provide  that                 
  when  a  school is  established  that there  be  an academic                 
  policy committee to  guide the  school through its  charter.                 
  The committee would give additional input to  make sure that                 
  whatever  the  charter   school  is  attempting  to   do  is                 
  implemented.                                                                 
                                                                               
  SENATOR LEMAN said he doesn't have an objection to replacing                 
  "board of directors" with "academic policy committee" if the                 
  function remains the same.                                                   
                                                                               
  SENATOR SALO said if that is adopted, then on page 10, "(4)"                 
  under the definitions section, the academic policy committee                 
  should be described the way Chairman Rieger just did.                        
                                                                               
  SENATOR DUNCAN said what Senator  Leman is proposing is that                 
  all the language on page 7 would remain.  The wording "board                 
  of   directors"  would  be   changed  to   "academic  policy                 
  committee."   He  indicated he  isn't  very enthused  by the                 
  suggestion.  He said nothing is  being changed.  There would                 
  still  be  competing boards.   SENATOR  LEMAN  said it  is a                 
  function that is under contract to  the school board and the                 
  function is restrictive by the contract and the legislation.                 
                                                                               
  CHAIRMAN RIEGER said he would like  to offer a final version                 
  of  that  language to  say,  "The applications  must include                 
  provisions for  an academic policy  committee consisting  of                 
  faculty and parents of the school."                                          
                                                                               
                                                                               
  SENATOR ELLIS said he is becoming confused and suggested the                 
  amendment be in written form.  Chairman Rieger said he would                 
  have it in written form and suggested reaching a  conceptual                 
  agreement.   SENATOR DUNCAN asked Chairman Rieger if what he                 
  initially suggested in the amendment remains.  He also asked                 
  if Chairman Rieger  is just suggesting changing  language on                 
  lines 3  and 4, on  page 7.   CHAIRMAN RIEGER said  there is                 
  also something on  page 6.   He referred  to Senator  Salo's                 
  suggestion on page 10,  lines 15 and 16, and  said "academic                 
  policy committee"  means "A group  supervising the  academic                 
  operation of the school to help ensure that the measure of a                 
  charter school is fulfilled."                                                
                                                                               
  SENATOR SALO indicated  she has a concern  regarding page 9,                 
  lines 22 and 23,  "(c) In addition to other  requirements of                 
  law, a charter school may not discriminate in  the selection                 
  of  students  on  the  basis  of  intelligence, achievement,                 
  aptitude, or athletic ability."  She  asked if the part that                 
  reads  "In addition  to other  requirements of  the law"  is                 
  meant to encompass race, religion,  etc.  Senator Salo  said                 
  she would like that section to be specific.  Chairman Rieger                 
  said he wouldn't be opposed to Senator Salo's suggestion.                    
                                                                               
  Number 093                                                                   
                                                                               
  Chairman Rieger moved the amendment.  He said on age 6, line                 
  30 and 31, as revised would read "...established as provided                 
  under sections 12 - 19 of the Act upon the application for a                 
  charter  school  and  the  approval   of  the  local  school                 
  board..."  Page  7, lines 3 -  4 would read "(b)  Each local                 
  school board  shall prescribe an  application procedure  for                 
  the establishment of a charter school in that district.  The                 
  application must include  provisions for an  academic policy                 
  committee consisting of faculty and parents of the school.                   
                                                                               
  Senator Salo referred to page 7, line 1, "The State Board of                 
  Education may  not approve more  than 40 charter  schools to                 
  operate in  the state  at any  one time."   She  suggested a                 
  pilot  program to  find out how  the schools  will function.                 
  She suggested changing "40 to "10."  Chairman Rieger said he                 
  doesn't feel it  is necessary  to say "pilot"  as the  whole                 
  program is a pilot program because it repeals in four years.                 
  There was discussion regarding the repeal date.                              
                                                                               
  Chairman Rieger continued to explain the proposed amendment.                 
                                                                               
                                                                               
  Page 7, lines 15-16                                                          
       Delete "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 boards of a"                              
                                                                               
  CHAIRMAN RIEGER asked Senator Salo if she would like move to                 
  amend the amendment.  SENATOR SALO  referred to lines 22 and                 
  23 and moved to change the wording to read "a charter school                 
  must be non-sectarian and may not discriminate  on the basis                 
  of race, religion,  intelligence, achievement, aptitude,  or                 
  athletic  ability."    SENATOR  ELLIS  suggested   including                 
  gender.   SENATOR  DUNCAN suggested  including disabilities.                 
  SENATOR MILLER said  sometimes when the lists  are expanded,                 
  the courts look  at the list as  all inclusive.  He  said we                 
  must comply with federal law anyway.   SENATOR SALO said the                 
  present laws don't necessarily include discrimination on the                 
  basis of the four things that  are in current section "(c)."                 
  SENATOR SHARP said that would probably make a charter school                 
  less desirable.  He said why  would parents be interested in                 
  establishing a charter school if it didn't have something to                 
  do with the  items listed.  If  you are going to  maintain a                 
  leveling effect in  a charter  school, you may  as well  not                 
  have  a  charter  school.    If  there  isn't  a goal  or  a                 
  particular agenda that  is different  from what the  overall                 
  school board agenda is, what would  be the purpose.  SENATOR                 
  ELLIS said it would be  O.K. to set up a school for math and                 
  science, or  computers,  if the  kids were  picked on  their                 
  interest to go there.  SENATOR SALO said  she believes it is                 
  important  to include  a nondiscriminatory clause.   SENATOR                 
  SHARP asked how a  school can be set up  targeting a special                 
  skill  or  goal if  you  eliminate anyone  that  has special                 
  aptitude or achievements.   CHAIRMAN  RIEGER said he  thinks                 
  that there are two things that you  can be trying to achieve                 
  with  a charter  school.   You  can  be  trying to  give  an                 
  opportunity  to people  who have  demonstrated a  particular                 
  aptitude and they  are not receiving the  opportunities they                 
  want in the public  school system.  The other  purpose would                 
  still be allowed with  Senator Salo's amendment which is  to                 
  treat charter schools as demonstration  projects.  To show a                 
  different format  for education gives better  opportunity to                 
  everybody.                                                                   
                                                                               
                                                                               
  Number 363                                                                   
                                                                               
  CHAIRMAN RIEGER asked if there  was an objection to  Senator                 
  Salo's amendment to  the amendment.   Hearing no  objection,                 
  the motion carried.   Chairman Rieger asked if there  was an                 
  objection to the amendment.  SENATOR LEMAN objected.  A roll                 
  call vote was taken.  Senators Rieger, Sharp, Duncan, Ellis,                 
  Miller and Salo  voted in favor  of the amendment.   Senator                 
  Leman voted  against the  amendment.  So  the amendment  was                 
  adopted.                                                                     
                                                                               
  SENATOR DUNCAN  referred  to Section  16, page  9, and  said                 
  there  is some language on line  31 that needs to be changed                 
  relating to the permanent charter school  board.  He said in                 
  an amendment by Senator Ellis there was a proposal to delete                 
  language on page  9, line  26 through page  10, line 2,  and                 
  replace  it with  other  language.   He questioned  what the                 
  language  in  subsection "(b)"  means,  "(b) After  June 30,                 
  1993, a  local school  board may  not negotiate  or renew  a                 
  provision in a negotiated agreement or collective bargaining                 
  agreement that grants  a teacher  a right to  transfer to  a                 
  charter school based on seniority."  He said Senator  Ellis'                 
  language  is  worthy  of  consideration.     Senator  Ellis'                 
  language was "(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."                                            
                                                                               
  CHAIRMAN RIEGER  asked Mr. Barry to explain why the language                 
  in "(b)" was included in the bill.  MR. BARRY said it is his                 
  understanding that the local school  board may not negotiate                 
  or renew a provision in a negotiated agreement or collective                 
  bargaining agreement that  grants the  teacher the right  to                 
  transfer.  Members  of the Alaska 2000 Committee didn't want                 
  it  to be  set up so  that the  board would be  allowing the                 
  transfer of  teachers.   Chairman Rieger  asked if  teachers                 
  have  the  right  to  choose  their  school  in  negotiation                 
  contracts.  SENATOR SALO said in  most contracts, there is a                 
  section that deals  with transfer  rights so that  if a  job                 
  becomes open in a certain school,  the school district has a                 
  procedure or a means of deciding who, amongst ten applicants                 
  that applied for it,  have rights.  In some districts  it is                 
  wide open  to administrative  discussion.   Mr. Barry  noted                 
  that there are  also involuntary transfers.   SENATOR DUNCAN                 
  indicated concern with  the section  as it says  you can  no                 
  longer negotiate transfers based on seniority.                               
                                                                               
  SENATOR  SALO said  she  would like  to  offer an  amendment                 
  saying  that  all provisions  in  a negotiated  agreement or                 
  collective  bargaining  agreement  shall  apply  to  charter                 
  school teachers and school employees except where provisions                 
                                                                               
                                                                               
  of the negotiated agreement have been altered to accommodate                 
  the mission  of the  charter school,  and that  agreement to                 
  change  the  negotiated  terms of  employment  must  be done                 
  between the  bargaining agent  and the  local school  board.                 
  She indicated that the agreement  couldn't be changed unless                 
  both  sides  agree.   Senator  Salo  said a  charter  school                 
  provision  should  not   be  an  end-run  on   a  negotiated                 
  agreement.   Senator Salo said she  thinks wording should be                 
  added to say  that a negotiated agreement remains  in effect                 
  unless  there  is   agreement  to  change  it  in  order  to                 
  accomplish the mission of the  charter school.  The language                 
  should read, "All  provisions of  a negotiated agreement  or                 
  collective  bargaining  agreement  shall  apply  to  charter                 
  schools and charter  school employees  unless exemptions  to                 
  that (those)  agreements are agreed  to by the  district and                 
  the recognized employee bargaining unit(s)."                                 
                                                                               
  TAPE 93-26, SIDE A                                                           
  Number 031                                                                   
                                                                               
  An at  ease was  taken for  the purpose  of copying  Senator                 
  Salo's proposed amendment.                                                   
                                                                               
  When the meeting  was called back to  order, Chairman Rieger                 
  indicated that the members had Amendment #12 by Senator Salo                 
  before  them.   He  said he  will  rule that  Senator Salo's                 
  language  would  be   inserted  as  "(b)"  after   the  word                 
  "assignment" on line 25.   SENATOR SALO asked if the current                 
  wording  in "(b)" would  stay in the  bill as  is.  Chairman                 
  Rieger  said  it  would  as there  wouldn't  be  a conflict.                 
  Senator Salo said they do conflict as all provisions include                 
  transfer provisions.   Chairman Rieger said he  doesn't read                 
  the existing  "(b)" as  overriding any  existing provisions.                 
  Senator  Salo  said  it  limits  the  scope  of  bargaining.                 
  Chairman Rieger said he wouldn't   have a problem if Senator                 
  Salo moved to delete the existing "(b)."  Senator Salo moved                 
  to delete  the  current  "(b)" and  insert  the  new  "(b)."                 
  Chairman Rieger said  the motion  on the table  is to  amend                 
  Amendment #12 to add deletion of  the existing "(b)."  There                 
  was  objection.   A  roll  call  vote was  taken.   Senators                 
  Rieger, Duncan, Ellis and Salo voted in favor of the motion.                 
  Senators Sharp and Miller  were against the motion.   So the                 
  motion carried.                                                              
                                                                               
  Number 118                                                                   
                                                                               
  CHAIRMAN RIEGER moved to amend page  9, line 29, by deleting                 
  the words "the same" and inserting "an equivalent."  Hearing                 
  no objection, the amendment was adopted.                                     
                                                                               
  SENATOR DUNCAN moved  on page 9, line  31, delete "permanent                 
  charter school board" and insert  "charter school."  Hearing                 
  no objection, the motion passed.                                             
                                                                               
                                                                               
  CHAIRMAN RIEGER asked  if there were any other amendments to                 
  Amendment  #12.  There being none,  he asked if there was an                 
  objection to Amendment #12.  Hearing no objection, Amendment                 
                                                                               
  SENATOR SALO moved to amend page 7, line 1, by changing "40"                 
  to "20."  There were objections to  her motion.  A roll call                 
  vote was  taken.  Senators  Rieger, Duncan,  Ellis and  Salo                 
  were in  favor of  the motion.   Senators  Sharp, Leman  and                 
  Miller were against the motion.  So the motion carried.                      
                                                                               
  Number 196                                                                   
                                                                               
  The next section of  SB 61 the HESS Committee  addressed was                 
  advisory school  boards.  SENATOR  SALO indicated she  had a                 
  proposed  amendment.  She said her idea  was to add a clause                 
  that  didn't  force   the  creation  of  another   layer  of                 
  bureaucracy but  instead validates the  existence of already                 
  active parent involvement  groups.   Her amendment would  be                 
  "The  following  are exempt  from  the requirements  of this                 
  section:  1.  A school district that has only one school and                 
  has a school  board; and 2.  A school in  which there is  an                 
  existing parent advisory group."  She explained that if they                 
  didn't have a  functioning parent advisory group,  then they                 
  would  follow  the  provisions of  the  new  statute in  the                 
  formation  of one.   If a  school had  a very active  PTA, a                 
  portion or all of  its parent advisory group might  serve in                 
  that capacity without having to create a new group.                          
                                                                               
  CHAIRMAN RIEGER asked Senator Salo  how she would define  an                 
  "existing  parent  advisory group."    Senator Salo  said it                 
  would be a group that has officers and regular meetings.  An                 
  unidentified  speaker  indicated   that  there  is  existing                 
  language in statute  that defines "parent advisory  group."                  
  Senator Salo read from statute:  "advisory school boards and                 
  borough school board  - a borough school district  board may                 
  establish advisory school boards, and by a regulation, shall                 
  prescribe their  manner of  selection, organization,  powers                 
  and duties."   She said  she doesn't believe  that helps  in                 
  this case because  it is the  motivation for her  amendment.                 
  In her experience, those advisory  school boards, which were                 
  created by the districts, had an entirely different function                 
  and purpose than the groups that were purely parental groups                 
  such  as  the  PTA.   Often,  those  groups  were owned  and                 
  controlled by the administration that had formed them versus                 
  the  parent groups  that had  formed purely  to  support the                 
  school's mission  of education.   Senator  Salo referred  to                 
  testimony by Abby Hensley and pointed  out that she had said                 
  the  PTA  could serve  in this  capacity  and has,  in other                 
  instances, for Chapter 1.  She  indicated Chapter 1 has some                 
  very  strict  guidelines  about who  should  serve  on those                 
  boards.                                                                      
                                                                               
  Chairman  Rieger  recommended   the  following   definition:                 
                                                                               
                                                                               
  "parent advisory group  means a group which is recognized by                 
  the school  as  representative of  parents  having  children                 
  attending the school which has regular meetings and to which                 
  membership  is  open  to  all  parents within  the  school's                 
  attendance area."  Chairman Rieger said the definition would                 
  be inserted on  page 10, line 19.  Chairman  Rieger asked if                 
  there was an  objection to the  amendment to Amendment  #13.                 
  Hearing no objection,  the motion carried.   Chairman Rieger                 
  asked if there was an objection to the adoption of Amendment                 
                                                                               
  Number 315                                                                   
                                                                               
  Chairman Rieger indicated that SB 61 would be held until the                 
  next meeting and if there were any more proposed amendments,                 
  it would be appropriate to bring them forward then.                          
  Number 343                                                                   
                                                                               
  There being  no further business  to come before  the Senate                 
  HESS  Committee,  Chairman Rieger  adjourned the  meeting at                 
  3:30 p.m.                                                                    
                                                                               

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