Legislature(2001 - 2002)
04/20/2001 02:05 PM Senate HES
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE
April 20, 2001
2:05 p.m.
MEMBERS PRESENT
Senator Loren Leman, Vice Chair
Senator Gary Wilken
Senator Jerry Ward
Senator Bettye Davis
MEMBERS ABSENT
Senator Lyda Green, Chair
COMMITTEE CALENDAR
SENATE BILL NO. 178
"An Act relating to the detention of delinquent minors and to
temporary detention hearings; amending Rule 12, Alaska
Delinquency Rules; and providing for an effective date."
MOVED OUT OF COMMITTEE
SENATE BILL NO. 11
"An Act relating to the legal age for attending school; and
providing for an effective date."
HEARD AND HELD
SENATE BILL NO. 41
"An Act relating to kindergarten programs and compulsory
education; and providing for an effective date."
HEARD AND HELD
CS FOR HOUSE BILL NO. 99(HES)
"An Act relating to school discipline and safety programs; and
providing for an effective date."
MOVED OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 203(FIN)
"An Act making an appropriation to the Legislative Council for a
study of school district cost factors; and providing for an
effective date."
HEARD AND HELD
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149
"An Act relating to employment incentives for teachers and health
care providers, to reemployment of retired teachers, to loans to
and loan forgiveness for teachers and health care providers, to
awards to teachers, to eligibility for major medical insurance
coverage for beneficiaries of the teachers' retirement system,
and to teacher certificates; and providing for an effective
date."
MOVED CSSB 149(HES) OUT OF COMMITTEE
SENATE BILL NO. 188
"An Act establishing an education fund and a land endowment for
public education; and providing for an effective date."
MOVED OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 25
Proposing an amendment to the Constitution of the State of Alaska
relating to education.
MOVED OUT OF COMMITTEE
HOUSE BILL NO. 162
"An Act relating to absences from the state under the longevity
bonus program."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
SB 178 - No previous Senate committee action.
SB 11 - See HESS minutes dated 2/5/01.
SB 41 - No previous Senate committee action.
HB 99 - No previous Senate committee action.
HB 203 - No previous Senate committee action.
SB 149 - See HESS minutes dated 4/2/01.
SB 188 - See HESS minutes dated 4/18/01.
SJR 25 - See HESS minutes dated 4/18/01.
HB 162 - No previous Senate committee action.
WITNESS REGISTER
Paul Roetman
Aide to Senator Leman
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on behalf of the sponsor of SB 149
Guy Bell
Director, Division of Retirement and Benefits
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Stated that SB 149 would have a miniscule
impact on the Teachers Retirement System.
Melissa Hill
Alaska Teacher Placement
Department of Education &
Early Development
th
801 W 10 St.
Juneau, AK 99801-1894
POSITION STATEMENT: Supports SB 149
Holly Morris
Aide to Senator Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on behalf of the sponsor of SB 178
Robert Buttcane
Division of Juvenile Justice
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Supports SB 178
Richard Benavides
Aide to Senator Davis
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on behalf of the sponsor of SB 41
Eddy Jeans
School Finance and Facilities Section
Department of Education &
Early Development
th
801 W 10 St.
Juneau, AK 99801-1894
POSITION STATEMENT: Answered questions about SB 41 and HB 203
Dee Hubbard
No address provided
Anchorage, AK
POSITION STATEMENT: Supports mandatory kindergarten
Vernon Marshall
Executive Director, NEA-Alaska
114 2nd Street
Juneau, AK 99801
POSITION STATEMENT: Supports SB 41 and HB 99
Mr. Darroll Hargraves
Executive Director
Alaska Council of School Administrators
326 4th, Suite 404
Juneau, AK 99801
POSITION STATEMENT: Supports SB 41 and CSHB 203(FIN)
Rita Davis
Swanson Elementary School
Palmer, AK
POSITION STATEMENT: Supports mandatory kindergarten
Carl Rose
Association of Alaska School Boards
316 W 11th St.
Juneau, AK 99801
POSITION STATEMENT: Supports CSHB 203(FIN)
Rod McCoy
No address provided
POSITION STATEMENT: Supports early intervention in education
Representative Lesil McGuire
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 99
Representative Peggy Wilson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 203
ACTION NARRATIVE
TAPE 01-35, SIDE A
Number 001
VICE-CHAIR LOREN LEMAN called the Senate Health, Education &
Social Services Committee meeting to order at 2:05 p.m. Present
were Senators Wilken, Davis and Leman. Senator Ward arrived at
2:10 p.m. Vice-Chair Leman announced the committee would take up
SB 149, SB 188, SJR 25, SB 178, SB 11, SB 41, HB 99 and HB 203.
He asked those who wish to testify via teleconference to keep
their comments brief so that the committee can get through its
calendar.
SENATOR DAVIS noted the order of bills announced by Vice-Chair
Leman is different from the original calendar. She expressed
concern that several people were waiting to testify on a bill
that was originally scheduled at the top of the list. Those
people have time constraints.
VICE-CHAIR LEMAN asked Senator Davis to let him know when they
arrive and he will try to accommodate them. He then asked Paul
Roetman to testify.
SB 149-TEACHER RETIREMENT,REEMPLOYMENT,CERTIFIC'T
SENATOR WILKEN moved to adopt Version R of SB 149 as the working
document of the committee. There being no objection, the motion
carried.
MR. PAUL ROETMAN, staff to Senator Leman, sponsor of SB 149,
explained that the committee substitute (CS) outlines specific
incentives to promote recruitment and retention of teachers.
Alaska has a growing teacher shortage. In the beginning of 2001,
almost 90 teaching vacancies existed across the state. Many
schools had to rely on emergency certificates and waivers to fill
those positions. Alaska is attracting fewer teachers to the
state and, in addition, the University of Alaska simply cannot
meet the demand for graduates. SB 149 takes a pro-active
approach to help reduce the staffing shortage.
MR. ROETMAN described the changes made in the CS. The original
bill included some financial incentives to attract teachers. The
partial loan assumption (50 percent loan forgiveness) and merit
awards for selected teachers provisions were removed from the CS.
What remains is recognition of out-of-state teacher credentials,
an incentive for employment of retired teachers, and improved
medical coverage for current teachers.
Sections 1 and 2 deal with a preliminary teacher certificate to
recognize out-of-state teacher credentials to facilitate the
process for out-of-state teachers who want to relocate to Alaska
to teach. The bill allows those teachers with a valid teaching
certificate to take the practice exam within the first year of
their employment instead of prior to it. A preliminary Alaska
teaching certificate will be issued for a three-year term.
Sections 3, 4 and 5 allow school districts to employ retired
teachers if they anticipate or formally record a shortage. The
CS contains a five percent limitation but, according to Guy Bell,
director of the Division of Retirement and Benefits, retired
teachers are not likely to flood the vacant positions.
Section 6 increases medical benefits to 100 percent coverage if a
teacher, who normally can retire after 20 years, postpones
retirement for another five years.
MR. ROETMAN proposed two amendments for the committee's
consideration. The first, Amendment 1, reads as follows:
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR LEMAN
TO: CSSSSB 149( ), Draft Version "R"
Page 3, lines 14 - 17:
Delete all material.
Reletter the following subsections accordingly.
Page 3, following line 31:
Insert a new bill section to read:
"* Sec. 5. AS 14.25.040(a) is amended to read:
(a) Unless a teacher or member has elected to
participate in the optional university retirement program
under AS 14.40.661 - 14.40.799 [OR HAS FILED AN ELECTION
UNDER AS 14.25.043(b)], a teacher or member contracting for
service with a participating employer is subject to this
chapter."
Renumber the following bill sections accordingly.
Page 5, following line 7:
Insert new bill sections to read:
"* Sec. 7. AS 14.25.043(a) is amended to read:
(a) If a retired member again becomes an active member,
benefit payments may not be made during the period of
reemployment [UNLESS THE TEACHER MAKES AN ELECTION UNDER (b)
OF THIS SECTION]. The retirement benefit must be suspended
for the entire school year if the teacher is reemployed as
an active teacher for a period equivalent to a year of
service. During the period of reemployment, [THE MEMBER IS
SUBJECT TO AS 14.25.050 AND] deductions from the member's
salary will be made in accordance with AS 14.25.050."
Renumber the following bill sections accordingly.
Page 5, following line 20:
Insert a new bill section to read:
"* Sec. 9. AS 14.20.135 and AS 14.25.043(b) are repealed
July 1, 2004."
Page 5, line 28:
Delete "sec. 10"
Insert "sec. 14"
Page 5, line 30:
Delete "secs. 4 - 6"
Insert "secs. 4, 6, and 8"
Page 6, line 1:
Delete "Section 8"
Insert "Section 11"
Page 6, following line 1:
Insert a new bill section to read:
"* Sec. 13. Sections 5, 7, and 9 of this Act take effect
July 1, 2004."
Renumber the following bill section accordingly.
Page 6, line 2:
Delete "sec. 9"
Insert "secs. 12 and 13"
SENATOR WILKEN moved to adopt Amendment 1. There being no
objection, the motion carried.
SENATOR WILKEN moved to adopt Amendment 2.
VICE-CHAIR LEMAN objected for the purpose of an explanation.
MR. ROETMAN said Amendment 2 does two things: it removes the five
percent limitation of Section (3)(b); and it provides a sunset
provision after three years for all three of the retirement
provisions.
VICE-CHAIR LEMAN asked Mr. Bell to explain the effect of
Amendment 2 on the Teachers Retirement System (TRS).
MR. GUY BELL, Director of the Division of Retirement and
Benefits, Department of Administration, told the committee that
Amendment 2 will have no impact, from an actuarial perspective,
on the retiree-return provision and there will be an almost
immaterial impact on the medical benefit enhancement. The amount
will be .17 percent of payroll equaling, for example, $85 on a
$50,000 salary. He believes it is a good idea to include a
sunset provision so that the legislature can re-evaluate this
program in the future.
VICE-CHAIR LEMAN asked if three years will provide adequate time.
MR. BELL said it should.
VICE-CHAIR LEMAN said his intention was to get something into
effect that will work this year and next year and then take
another look at it. He announced with no objection, Amendment 2
was adopted.
MR. ROETMAN noted that Melissa Hill was available to testify via
teleconference.
Number 674
MELISSA HILL, Alaska Teacher Placement, said she cannot stress
the need to find qualified teachers for students in Alaska. It is
becoming harder and harder to find teachers willing to relocate
to rural Alaska. The state needs to seek ways to accommodate and
entice teachers. She supports recognition of certified out-of-
state teachers. She also supports employment of retired teachers
because aside from enlarging the applicant pool, it will provide
mentoring opportunities. Mentor teachers are a major factor in
teacher retention.
MS. HILL informed committee members of the following facts:
· Alaska still has 300 teaching vacancies after the previous
job fair;
· Only 375 applicants have registered for the April job fair;
· At least four of Alaska's rural school districts can expect
to hire 30 to 60 new teachers each year.
There was no further public testimony.
SENATOR WARD moved CSSB 149(HES) from committee with individual
recommendations and its accompanying fiscal notes. There being
no objection, the motion carried.
SB 188-EDUCATION FUND/ LAND ENDOWMENT
VICE-CHAIR LEMAN announced that the committee would next take up
SB 188. The committee held a hearing on this bill but it was
held over to give members time to contemplate amendments. He
asked for committee discussion or proposed amendments to SB 188.
There being no discussion or amendments, SENATOR WARD moved SB
188 from committee with individual recommendations. There being
no objection, the motion carried.
The committee took up SJR 25.
SJR 25-CONST. AM: EDUCATION FUND
VICE-CHAIR LEMAN stated that the committee held a public hearing
on SJR 25 but it was held over for further discussion and
potential amendments.
There being no discussion or amendments, SENATOR WARD moved SJR
25 from committee with individual recommendations and
accompanying fiscal notes. There being no objection, the motion
carried.
The committee took up SB 178.
SB 178-DETENTION OF DELINQUENT MINORS
HOLLY MORRIS, staff to Senator Therriault, sponsor of SB 178,
explained that SB 178 incorporates language from a federal
regulation into Alaska statute to optimize funding opportunities.
The new statutory language will allow a juvenile to be held in an
adult facility for 24 hours if a court hearing takes place within
that time. There are two exceptions to the 24 hour limit: in the
case of adverse weather and if moving the juvenile to a juvenile
facility would endanger the juvenile. The 48-hour limit
currently in statute is still an option with the exceptions in
the regulation.
SENATOR WARD asked why the change is needed.
MS. MORRIS explained the change will bring Alaska's statutory
language into compliance with federal regulations. Compliance
will enhance the state's ability to maintain and gain federal
funding. However, state officials will be able to continue to
hold juveniles in an adult facility for 48 hours if that is the
safest option. The change appears to reduce the hours of
detention in an adult facility, but with the exceptions listed,
juveniles can be held for 48 hours.
SENATOR WARD asked which programs will now qualify with the
statutory change.
MR. ROBERT BUTTCANE, Division of Juvenile Justice, Department of
Health and Social Services, informed committee members that
federal formula funds currently fund programs such as attendant
care shelters, electronic monitoring, mentoring programs, youth
courts, and elders courts. Those programs are alternative
detention programs for juveniles who do not need secure
confinement after they have been arrested. By enacting a 24-hour
arraignment provision in Alaska statute for juveniles held in
adult jails, the state will preserve an opportunity to claim
exceptions to certain time thresholds that Alaska does not now
because state law contains a 48-hour limit. He pointed out there
are six youth facilities around the state, but there are more
than 250 communities that occasionally arrest a juvenile offender
and need to hold that offender.
MR. BUTTCANE said under federal law, a juvenile offender can be
held in an adult jail for up to six hours without incurring any
kind of federal violation. After six hours, federal funding can
be jeopardized. Because of Alaska's expansive geography and
limited transportation infrastructure, it is impossible at times
to move a juvenile who has been arrested from a village jail to a
juvenile facility within the six hour time frame.
Enacting a 24-hour arraignment will allow state officials to do a
couple of things. The juvenile will be brought before the court
within 24 hours so that judicial review will take place to make
sure the juvenile is being treated properly. Second, it will
give state officials access to the exceptions that allow the
juvenile to be held in an adult jail until it is safe to
transport that individual. It is a practice that now takes
place: juveniles are not held in adult jails any longer than
absolutely necessary. SB 178 will provide a mechanism to
continue current practices and preserve Alaska's entitlement to
federal funds.
SENATOR WARD asked how many juveniles were held in adult
facilities last year.
MR. BUTTCANE informed committee members that a chart of
statistics was placed in members' packets. According to that
chart, 223 juveniles were held in adult facilities for anywhere
from 1 to 28 hours.
SENATOR WARD asked for elaboration on electronic monitoring.
MR. BUTTCANE said the threshold is six hours but with the
exceptions the time period can be extended for periods necessary
to ensure safe transportation. For example, a juvenile could be
held for six hours or until the storm passes. A penalty is
assessed for any violations and funds are withdrawn from the
federal grant program. Withdrawal of funds impacts the state's
ability to designate use of those funds like electronic
monitoring, alternative care shelters or youth corps.
SENATOR WARD asked if it is a bigger pot.
MR. BUTTCANE said it is a much bigger pot and it has a domino
effect.
SENATOR WARD asked how much money was lost last year because of
violations.
MR. BUTTCANE said the state has not lost any money yet. Last
year, Senator Stevens was able to enact exemption for Alaska that
will expire in 2002.
Number 1417
SENATOR WARD asked how much the state would have lost without
that exemption.
MR. BUTTCANE said last year the state would have lost $168,000
out of about $672,000. He added that not only would the state
lose $168,000, it would have to dedicate all of the remaining
$500,000 to correct the problem of holding juveniles in adult
jails longer than six hours. He surmised that would be a problem
because of the high costs associated with a transportation
infrastructure or establishing juvenile facilities in each
community. He pointed out the violations are associated with a
very small number of juveniles.
With no further questions or discussion, SENATOR DAVIS moved SB
178 from committee with individual recommendations and its zero
fiscal note. There being no objection, the motion carried.
The committee then took up SB 11.
SB 11-COMPULSORY SCHOOL AGE
SENATOR THERRIAULT, sponsor of SB 11, provided the committee with
a list of the 12 exemptions from the public education requirement
provided in statute. He pointed out that he tried to figure out
whether there is a different way to get at the problem, which
occurs when parents enroll their children in public education at
the age of 5 or 6, but send their children to school sporadically
Until the child is of mandatory school age at age 7. Both
teachers and students are challenged in such situations, and
often school becomes a negative experience at an early stage for
those students.
SENATOR THERRIAULT pointed out the list of 12 exemptions is not
impacted by SB 11. The exemptions allow a child to be withheld
from public school if the child is being educated by a parent or
legal guardian. Therefore, any parent who wants to keep his or
her child out of the public school system can legally do so, but
once a child is enrolled, SB 11 will require that child to attend
on a regular basis.
VICE-CHAIR LEMAN announced that he would hold SB 11 until Monday,
when Chairwoman Green is in attendance.
SENATOR THERRIAULT said he is willing to discuss any ideas
committee members may have as to how to approach this problem.
He stated this problem pertains to 1 percent of students.
VICE-CHAIR LEMAN noted SB 11 would be held until Monday and the
committee would take up SB 41.
SB 41-KINDERGARTEN & DEFINITION OF "SCHOOL AGE"
RICHARD BENAVIDES, staff to Senator Davis, sponsor of SB 41,
explained that SB 41 would make kindergarten mandatory in Alaska
and it would lower the compulsory school age from 7 to 5 years of
age. Alaska has performance standards for students aged 5 to 7,
yet school attendance is not mandatory. According to statistics
provided by the state in October of 2000, all school districts
except Galena had children enrolled in some type of kindergarten
program. The movement in education at this point in time is to
have children start learning as quickly as possible in order to
meet the mandated performance standards and pass mandatory tests
at the high school level. Fifteen states have mandated
kindergarten, 42 states must offer kindergarten although it is
not mandatory, and all 50 states have financial aid for schools
with kindergarten programs.
SENATOR WARD asked if SB 41 will require all children to attend
kindergarten.
MR. BENAVIDES said that is correct.
SENATOR WARD asked if school districts could continue to offer
full, half or quarter-day kindergarten.
MR. BENAVIDES said the bill would only mandate schools to offer a
kindergarten program.
SENATOR WARD asked if districts could offer a kindergarten
program that was less than half-day.
SENATOR DAVIS stated that no kindergarten programs in Alaska are
less than half-day but the local option would allow less than
half-day. She felt there would be disadvantages to a
kindergarten program that was less than half-day.
SENATOR WARD commented that some schools provide half-day
kindergarten programs right now for financial reasons. He
questioned whether a district could have a program three days per
week.
SENATOR DAVIS said she didn't think anything would prevent a
district from doing that. She pointed out whether a district
provides a full or half-day kindergarten program depends on each
school board's philosophy and a variety of other reasons.
SENATOR WILKEN expressed surprise that the Department of
Education and Early Development (DOEED) submitted an
indeterminate fiscal note because he believes it should be able
to provide a close estimate of the number of kindergartners who
may enroll every year. He also noted that kindergarten programs
are not funded through the foundation formula.
SENATOR DAVIS asked Mr. Eddy Jeans to speak to whether
kindergarten programs are funded through the foundation formula.
MR. EDDY JEANS, School Finance Manager, DOEED, informed the
committee that DOEED does fund kindergarten programs through the
foundation formula and that both full and half time programs
exist. A half time program is currently defined in regulation as
one that lasts less than four hours per day. He pointed out the
fiscal note is indeterminate because SB 41 changes the compulsory
school age from 7 to 5. DOEED does not know how many 5 or 6 year
olds do not currently attend school. In addition, parents would
have the option of keeping their 5 and 6 year olds out of public
school by way of 12 exemptions.
SENATOR WILKEN asked if kindergartners are included in the
October count.
MR. JEANS said they are.
SENATOR WARD asked how many kindergartners were in last year's
count.
MR. JEANS said, based on the enrollment report, Alaska had 9,275
students statewide but he did not know if that number includes
both full and half time students.
SENATOR WARD asked if half time students receive half allotment
and whether districts have the option of applying for a full or
half time allotment.
MR. JEANS stated half time students receive half allotment and
repeated that districts have the option of offering half or full
time programs. Programs that are more than four hours per day,
exclusive of intermissions, are considered to be full time.
SENATOR WARD asked if a school district could apply for funds for
either half or full day kindergarten programs or could offer no
program.
MR. JEANS said that is correct.
VICE-CHAIR LEMAN took public testimony.
[NO RECORDING IS AVAILABLE FOR THE FOLLOWING PORTION OF THE
MEETING DUE TO TAPE DAMAGE.]
MS. DEE HUBBARD, an Anchorage resident, informed the committee
that she has been working on this issue since 1993. In 1993, the
Anchorage and Alaska PTAs passed resolutions mandating
kindergarten. Since that time, four more states have mandated
kindergarten for children. She believes the state should mandate
that every school district offer kindergarten programs.
MR. VERN MARSHALL, Executive Director of NEA-Alaska, stated
support for mandatory kindergarten. He believes the time is
right to establish such a mandate because Alaska is aggressively
pursuing standards. He feels it is wise to start children in
kindergarten because it orients children to school procedures and
helps them to start acquiring knowledge.
MR. DARROLL HARGRAVES, Council of School Administrators,
commented on both SB 41 and SB 11. He stated that research
results show that a big learning curve occurs from birth through
age 5. If children miss the opportunity to learn during that
period, they will suffer through 12th grade. In addition, young
students are more mature. He pointed out that regarding the list
of exemptions included in Senator Therriault's bill, exemption 8
is the only one that allows flexibility for students who are not
kindergarten ready at age 5. That exemption requires school
board approval to keep a child out of kindergarten at age 5. He
asked the committee to add a simpler exemption to apply to those
students who are not ready.
[SIDE B RECORDING BEGINS]
Number 2150
MS. RITA DAVIS, a teacher at Swanson Elementary School in Palmer,
emphasized the need for early intervention for school success.
Although children learn with different styles and at different
rates, educational and brain research consistently shows that
five-year old children are not only ready and eager to learn, but
have a tremendous capacity to learn. For students who come from
environments that may not be rich in literature or life
experiences, early kindergarten would offer them developmentally
appropriate activities and prepare them to learn and make
choices. For students ready to learn, it would offer an early
opportunity. Reading research concludes that early reading
success in the primary grades is the single biggest indicator of
future school success. If Alaska is focusing on meeting
standards at the end of a student's education, it is only logical
to look at the beginning. It is time our state policy reflects
our beliefs about this critical learning period.
MR. CARL ROSE, Executive Director of the Association of Alaska
School Boards, stated support for SB 41 for many of the reasons
already stated. He recently returned from the education
commission of the states. That commission produced an initiative
to change the foundation system for funding education. The
commission wants funding to cover preschool through postsecondary
education. He stated the first benchmark exam given in Alaska is
at the third grade level and districts will have to pay close
attention to that benchmark because at that point, the curriculum
"steepens out" and the gap widens. Mandating kindergarten will
help students to get up on step together. He believes the best
place to put the state's effort regarding the high school
qualifying exam is into looking at learning-appropriate methods
of teaching children at the kindergarten level and to mandate
kindergarten attendance.
MR. ROD MCCOY, special education teacher and NEA-Ak member,
thanked and complemented the committee for the great efforts
members have made for education. He made the following points:
· Research clearly says that the sooner students are involved
in the learning process, the better off they are;
· Our legal system provides clear options to request
compulsory education because parents can easily determine to
provide instruction at home - the state is not being
invasive in that process;
· Allow parents to determine whether their children are
school-ready at age 5 because attendance is important; and
· Districts need support for the benchmark tests - the state
must require schooling to start early in a child's life.
VICE-CHAIR LEMAN announced that SB 41 would be held in committee
until Chairwoman Green returns.
CSHB 99(HES)-SCHOOL DISCIPLINE AND SAFETY PROGRAMS
REPRESENTATIVE LESIL MCGUIRE, sponsor of HB 99, informed the
committee that CSHB 99(HES) was unanimously supported by the
House. She explained that CSHB 99(HES) is simple: it asks school
districts to put policies in place to address non-violent means
of resolving conflicts. The problem of school violence is
nationwide. Alaska schools have experienced a shooting,
stabbings, baseball bat fights and other violent acts. These
acts are not only occurring in urban areas. She has done
extensive research on non-violent resolution policies in schools
and there is no question that they make a difference. HB 99 has
the support of school districts, NEA-Ak, and the Division of
Juvenile Justice. She noted that Debbie Ossiander, a member of
the Anchorage school board, has testified in the past in support
of CSHB 99(HES). An incidental benefit of CSHB 99(HES) will be to
help districts that want to develop full-fledge conflict
resolution programs to receive grant funding. She believes the
state should be one of many partners needed to help eradicate
school violence.
MR. BUTTCANE, Division of Juvenile Justice, DHSS, stated support
for CSHB 99(HES). He pointed out that in the course of an
ordinary year, the division receives between 800 and 1,000
misdemeanor assault referrals statewide. Most of those referrals
are related to interpersonal conflicts between students at our
schools. The division believes that conflict resolution is a
preventative option that can be implemented to reduce the number
of assaults and conflicts between students. The Office of
Juvenile Justice and Delinquency Prevention has developed such a
program and in its guide states that the tenets of conflict
resolution present a new model of interacting with and thinking
about other people, one that challenges us to go beyond
stereotypes, to consider the other's point of view, and to reach
mutually satisfactory agreements in which all parties win. The
results of this approach for society could be profound. The
division supports the sponsor's effort to implement this as a
next step in a direction that will create a better society.
VICE-CHAIR LEMAN asked if any of the five large high schools in
Anchorage have a greater amount of conflict than the others.
MR. BUTTCANE said in his experience, cycles occur in high schools
in which one school may have high levels of conflict one year,
which subsides after staff implement various programs. Some
schools do not seem to have those problems. He pointed out the
Chugiak High School has implemented a conflict resolution program
that is showing tremendous success. East High School had a number
of conflicts a few years ago but staff found new ways to teach
students to resolve conflicts without using physical violence.
The Division of Juvenile Justice is working with both middle and
high schools around the state but not every school has the
interest or resources to participate.
VICE-CHAIR LEMAN said he asked because the legislature is looking
at putting some resources into pilot programs.
SENATOR DAVIS said most high schools in Anchorage have some form
of conflict resolution program in place and those programs are
now being established in middle schools. Wendler Middle School
is taking the lead.
MR. VERN MARSHALL, NEA-Ak, expressed appreciation to the sponsor
for introducing HB 99. He noted that prior to 1996, NEA-Ak was
primarily concerned about classroom discipline. It has now
absorbed a new program and budget concept to deal with the issue
of making schools safer. NEA-Ak has trained staff and developed
programs designed to work with teachers and support staff to
address the issue of making the school environment safe and
functional. NEA-Ak realized that the incident in Bethel was a
critical issue and it was the first entity to provide crisis
counseling.
TAPE 01-36, SIDE A
MR. MARSHALL pointed out that it is costly to shut schools down
because of bomb threats that must be taken seriously. We can
either pay later or incorporate programs to deal with non-violent
resolution of problems. NEA-Ak supports CSHB 99(HES) and urges
its passage.
With no further discussion or questions, SENATOR DAVIS moved CSHB
99(HES) from committee with individual recommendations and its
accompanying fiscal notes. There being no objection, the motion
carried.
CSHB 203(FIN)-SPECIAL APPROP: SCHOOL DIST. COST FACTORS
REPRESENTATIVE PEGGY WILSON, sponsor, explained that CSHB
203(FIN) appropriates money to Legislative Council for a study of
school district cost factors. The current formula has a design
error. It tracks expenses as opposed to the actual costs of
providing an education in each school district, which has
resulted in flawed district cost factors. Failure to precisely
measure differential costs across the state has resulted in
inequitable funding. Alaska has a constitutional obligation to
provide a full education to all students. The challenge inherent
in this mission is to account for Alaska's diverse geography and
cultural and economic conditions. CSHB 203(FIN) proposes that an
independent study be done at a cost of $350,000.
VICE-CHAIR LEMAN said he agrees with the need for good
information and he does not believe the current geographic
differentials are accurate, but he believes the information
should be based on the cost of operating schools and not on
incidental costs. Any study should be designed so that the data
can be updated every two years, as mandated by SB 36.
REPRESENTATIVE WILSON agreed it is important to design the study
so that DOEED can update the information every two years.
Number 447
MR. CARL ROSE, Association of Alaska School Boards (AASB), stated
support for CSHB 203(FIN). He noted that many people have
lingering concerns about SB 36, one being the information used to
develop the foundation formula. The McDowell study of 1996 was
expenditure based and many believe schools were inadequately
funded at that time. The funding task force recommended no
change to the foundation formula until the state could come up
with empirical data on which to underwrite the change. The task
force felt to change the foundation formula without a good set of
indices would further exacerbate the problem. The AASB identified
the need for such a study in its A+ document. He pointed out the
AASB has a dues formula that contains factors so that during
times of financial prosperity, dues can be reduced and vice
versa. He suggested that using 2002 as the timeframe to complete
the product is too short and will produce a poor product. He
would like to see the study in place very soon and if the study
lasted until 2003, the legislature would have another year's data
to consider. He stated the need for this bill is more important
since SB 36 is in place. The district cost factors used now are
very questionable
MR. DARROLL HARGRAVES, Council of School Administrators, stated
support for CSHB 203(FIN) because of the low confidence level in
the current chart of accounts set in statute, which he believes
is inadequate.
MR. EDDY JEANS, School Finance Manager, DOEED, stated support for
CSHB 203(HES). DOEED believes a study needs to be done and
completed by January 15, 2003 instead of 2002. Requiring the
study to be done in a very compressed time frame will produce a
product that does not serve the state's needs. He requested that
CSHB 203(FIN) be amended to change the date from 2002 to 2003. He
stated he spoke with Representative Wilson about that amendment.
She would like to do a little bit of research before supporting
it.
VICE-CHAIR LEMAN suggested requiring a draft study to be
completed by January 1, 2002 and to then have a comment period.
MR. JEANS said DOEED requested amended language on the House side
that would have required Legislative Council to work in
consultation with DOEED to develop the contract for the study.
DOEED intends to work with the school districts to make sure they
buy into the product before it goes out for bid. That way, DOEED
will be asking the contractor to measure the items that the
school districts feel are truly driving the difference in costs
between districts. He said he doesn't believe a good request for
proposals (RFP) could be crafted in less than two months and that
development needs to be done on the front end.
VICE-CHAIR LEMAN agreed. He asked Mr. Jeans if he is satisfied
with the information the state is collecting on the costs of
running school districts and whether DOEED has the ability to
compare districts from that information.
MR. JEANS stated that two additional positions were approved
under SB 36. He now has two internal auditors working for DOEED
that review school district audited financial statements on an
annual basis. DOEED has also done an extensive review and
revision of the uniform chart of accounts adopted by the state
board of education in December. That chart of accounts will take
effect in July so it will be at least one year before the results
are in. He believes the new chart of accounts will get the
expenditure data in line. DOEED is not suggesting that this cost
model be developed based on audited financial statements for
expenditures because districts spend what they get. If they are
not getting sufficient funds, they must cut in certain areas.
DOEED wants to look at the actual costs of providing an education
in the various communities. Fuel costs and consumption varies
greatly among districts. The contractor needs to identify those
indices that DOEED can update regularly.
VICE-CHAIR LEMAN said he agrees but would be careful about
interpreting too much from the costs unless a common base can be
found to determine comparable deliveries in communities. He
announced he would hold CSHB 203(FIN) and adjourned the meeting
at 3:32 p.m.
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