03/11/2011 01:30 PM Senate JUDICIARY
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| SCR2 | |
| Adjourn |
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= bill was previously heard/scheduled
| += | SB 9 | TELECONFERENCED | |
| + | SCR 2 | TELECONFERENCED | |
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 11, 2011
1:33 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator John Coghill
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
SENATE BILL NO. 9
"An Act relating to compulsory school attendance; and relating
to the crime of contributing to the delinquency of a minor."
- HEARD & HELD
SENATE CONCURRENT RESOLUTION NO. 2
Proposing amendments to the Uniform Rules of the Alaska State
Legislature relating to the presiding officer pro tempore.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 9
SHORT TITLE: RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) EDC, JUD, FIN
02/14/11 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/14/11 (S) Heard & Held
02/14/11 (S) MINUTE(EDC)
02/21/11 (S) EDC RPT 3DP
02/21/11 (S) DP: THOMAS, MEYER, STEVENS
02/21/11 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/21/11 (S) Moved SB 9 Out of Committee
02/21/11 (S) MINUTE(EDC)
03/11/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SCR 2
SHORT TITLE: UNIFORM RULES: PRESIDING OFFICER PRO TEM
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, JUD, FIN
02/10/11 (S) STA AT 9:00 AM BUTROVICH 205
02/10/11 (S) Heard & Held
02/10/11 (S) MINUTE(STA)
02/15/11 (S) STA AT 9:00 AM BUTROVICH 205
02/15/11 (S) Moved CSSCR 2(STA) Out of Committee
02/15/11 (S) MINUTE(STA)
02/16/11 (S) STA RPT CS 1DP 1DNP 3NR SAME TITLE
02/16/11 (S) DP: PASKVAN
02/16/11 (S) DNP: GIESSEL
02/16/11 (S) NR: WIELECHOWSKI, MEYER, KOOKESH
03/11/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
TOM OBERMEYER, Staff to Senator Bettye Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 9 for sponsor, Senator Davis.
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 9.
JOHN ALCANTRA
Government Relations Director
NEA-Alaska
Juneau, AK
POSITION STATEMENT: Testified in support of SB 9.
JENNIFER TAYLOR, representing herself
Southeast Alaska
POSITION STATEMENT: Testified in opposition to SB 9.
JOHN STEINER
Anchorage School Board
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 9.
MARTHA FLEMMING
School Counselor
Seward, AK
POSITION STATEMENT: Testified in support of SB 9.
LES MORSE
Deputy Commissioner
Department of Education and Early Development
Juneau, AK
POSITION STATEMENT: Testified that he was available to answer
questions regarding SB 9.
ELIZABETH NUDELMAN, Director
School Finance and Facilities
Department of Education and Early Development
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 9.
ACTION NARRATIVE
1:33:19 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Senators Paskvan,
Wielechowski, Coghill, and French were present at the call to
order.
SB 9-RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY
1:33:51 PM
CHAIR FRENCH announced the consideration of SB 9.
1:34:10 PM
TOM OBERMEYER, staff to Senator Bettye Davis, sponsor of SB 9,
introduced the bill on behalf of the sponsor, speaking to the
following sponsor statement:
This bill changes the Alaska compulsory school
attendance ages from 7-16 to 6-18. At the same time it
necessarily amends the criminal statute of
contributing to the delinquency of a minor from the
maximum age 16 to 18. The legislative intent of this
bill is to require all students to start school
earlier when their brains are growing and developing
at a dramatic rate from birth to age 7 and to stay in
school long enough to graduate. This bill allows
earlier identification of children with learning
disabilities and more time to take successful
corrective action. This bill will not preclude parents
from homeschooling children, or using charter or
alternative schools, or any other of the twelve
enumerated exceptions to compulsory education under AS
14.30.010(b), including completion of grade 12 or
graduation from a secondary school before age 18.
The Alaska compulsory school age statute is out of
date with modern educational practice and thinking.
The law has not changed since territorial days when
few children attended school beyond 8th grade or
bothered to graduate, because most jobs did not
require much education. The majority of Alaskan
students today are already in school by age six and
many by the minimum age five. Head Start and
prekindergarten programs are growing in popularity.
The state already funds a pilot pre-kindergarten
program and SB 6 this year proposes funding such a
program statewide.
The 1852 Massachusetts became the first state to pass
compulsory school attendance laws, and by 1918 all
states required children to receive an education.
Today every state and territory requires children to
enroll in public or private education or to be home-
schooled. Thirty-two states require students to begin
their education by age 6 or 5 and to remain in school
until 16 or older. Twenty-four states and American
Samoa set the minimum at age 5. All children are
required to continue their education into their high
school years, with twenty states setting the
compulsory cutoff age at 18; eleven at age 17; and
nineteen states including Alaska and the Virgin
Islands at age 16.
By increasing the school attendance age to 18, this
bill should discourage earlier dropouts and reduce
juvenile crime, teen pregnancy and other at risk
behaviors. Studies have found that students without a
diploma earn less than 75% of those with a diploma;
they are more likely to live in poverty, go to jail,
and have health problems.
The Department of Education and Early Development
reported 8,245 students or 67.7% graduated in 2010
while 3,186 dropped out. The graduation rate of Alaska
Native students was 55.4%, a group which experienced
twice the dropout rate of all students. These rates
remain well below the national average. The National
Education Association's first priority two years ago
in its "12-Point Action Plan for Reducing the School
Dropout Rate" was to "mandate high school graduation
or equivalency as compulsory for everyone below the
age of 21." It reported:
"Just as we established compulsory attendance to the
age of 16 or 17 in the beginning of the 20th century,
it is appropriate and critical to eradicate the idea
of 'dropping out' before achieving a diploma. To
compete in the 21st century, all of our citizens, at
minimum, need a high school education."
1:39:57 PM
SENATOR BETTYE DAVIS, sponsor of SB 9, said each time this bill
is introduced and heard it picks up more support. Parents
initially worried that students who didn't want to be in school
would disrupt the learning atmosphere, but procedures are
already in place to address those concerns. Furthermore, the
bill doesn't preclude parents from choosing alternative schools
and it doesn't require students to remain in school until age 18
if they already have the credits to graduate. This is just one
more tool to encourage students to get a high school diploma.
The bill has good support from educators.
CHAIR FRENCH said his questions were answered in the education
committee, but what struck him was that under current law a
child may walk away from school with no consequences on the day
that he or she turns 16. That's a terrible message for
policymakers to send because someone who leaves school at age 16
faces a dark future of bad jobs and bad living conditions.
That's just far too young for a child to make such a
determination. He noted that he's received about a dozen emails
expressing concern that this bill would somehow keep disruptive
kids in school, but there are already mechanisms to remove
disruptive students from the classroom and that doesn't change
under this bill.
1:43:52 PM
SENATOR COGHILL said he'd like to know what happened in the
truancy court case in northwest Alaska and what enforcement
might look like if this were to become law.
SENATOR PASKVAN questioned what military jobs are available to
people who are at the bottom of the recruitment list.
SENATOR DAVIS said the Army and the Air Force have stopped
accepting young people who have a GED. A high school diploma is
now a requirement to join the military and this bill would help
those 16-year-old dropouts stay in school long enough to get a
diploma.
CHAIR FRENCH said it's important to know that walking away from
school at age 16 leaves a person with very few choices.
1:45:55 PM
JOHN ALCANTRA, Government Relations Director, NEA-Alaska, stated
that he represents about 13,000 public school employees
statewide. He related that he had reviewed the 55 years of NEA-
Alaska delegate assemblies. This is where the 13,000 members
elect about 400 delegates from across the state to come to a
meeting in Anchorage and set policies for any given year. When
he looked for information about this type of legislation, he
learned that it dates back to 1983. The good thing about this
bill is that NEA-Alaska can endorse an actual bill and not just
the concept, because it was introduced early. This legislation
is critically important. The task force drafted a beginning age
of five and ending at age 18 or obtaining a diploma. Obviously
the bill has a long way to go but he wants to state NEA's
support. This is backed by almost 13,000 peers statewide.
JENNIFER TAYLOR, representing herself, said she was speaking on
behalf of parents and students. She has a background in
education and her concern is that keeping students in school
when they don't want to be there is a catalyst for disruption.
She noted that her son recently dropped out because he didn't
like the disruption.
Fiscal allocation isn't sufficient to administer this bill, she
said. As a parent she is concerned about making a parent
criminally negligent if they are unable to keep their child in
school. Students often don't drop out until October and by then
correspondence study isn't available. Also, many correspondence
courses require the student to have a computer and Internet
access, which isn't always possible. Counselors would need to be
available daily to help the students and currently many schools
don't have even one counselor. A counselor is never available to
correspondence students.
1:54:22 PM
She asked if the high schools would have the resources to take
students back once they have a GED. Alaska offers disparate
schooling based on urban and rural residency.
1:55:20 PM
CHAIR FRENCH asked where she was from.
MS. TAYLOR responded she is from Southeast.
1:55:45 PM
JOHN STEINER, Anchorage School Board, said they have supported
the age requirement changes for some time. He acknowledged that
schools need to be more relevant for students but they also need
to stop sending the message that it's acceptable to leave school
at age 16. Career, technical, and vocational opportunities are
being increased to keep students in school. He thinks that
because students know they can leave at age 16, they think they
don't have to apply themselves. Some may stay longer but by then
they may have done so much damage that they'll have difficulty
graduating at age 18. It would help if they knew from the start
that they were obligated to stay in until graduation or age 18.
The Anchorage School Board has been on record for many years
stating that it's not acceptable to leave school at age 16. The
Association of Alaska School Boards also believes that this bill
is consistent with the goal of decreasing the age of entry and
increasing the age of exit. This would, however, require the
schools to respond appropriately.
1:59:53 PM
MARTHA FLEMMING, school counselor, Seward, said it's disruptive
having students start school at age 7 because early literacy is
important for graduation rates. Parents who allow their students
to leave school at age 16 give these students more power than
they are ready to use wisely. While a student may make a lot of
money in their first job as a 16 or 17 year old, this won't be
the case by the time they're 20. Passing this law will help
parents keep their kids in school but it will put pressure on
the schools.
2:02:59 PM
CHAIR FRENCH closed public testimony. He noted the $14.5 million
fiscal note.
SENATOR COGHILL asked for confirmation that the bill would be
heard again.
CHAIR FRENCH confirmed that it would be heard again.
LES MORSE, Deputy Commissioner, Department of Education and
Early Development (DEED), said he was available for questions.
SENATOR COGHILL asked how many dropouts are age sixteen and
under.
2:04:40 PM
ELIZABETH NUDELMAN, Director, School Finance and Facilities,
Department of Education and Early Development (DEED), said the
fiscal note took a one-year look at the total number of
dropouts, so the department would need to review information to
answer that question.
SENATOR COGHILL asked how many students have been pursued
already for leaving school under age 16. The question is how
difficult this will be to implement.
MR. MORSE said he doesn't know how each of the 53 school
districts has pursued this, and DEED doesn't have access to that
information.
CHAIR FRENCH said he would get the information through the
Department of Law (DOL).
2:06:38 PM
SENATOR WIELECHOWSKI noted an article in the bill packet that
says a dropout over a lifetime costs over $118,000 in government
expenditures. He asked if there is comparable data for Alaska.
MR. MORSE answered he wasn't aware of any Alaska-specific data.
CHAIR FRENCH asked if he had any reason to believe that those
numbers are incorrect.
MR. MORSE replied no, but he could not substantiate them either.
SENATOR PASKVAN asked if there is scientific data that shows
that decision-making by 15-16 year olds is not mature, because
they don't have full brain development.
2:08:43 PM
MR. MORSE responded he didn't have enough information to answer
the question.
SENATOR PASKVAN asked if the intent is to keep 16-year-olds from
making bad decisions, like dropping out of school.
MR. MORSE said he believes that's the intent of the bill, but he
can't comment on the brain development of 16-year-olds. He has
worked with some who make good decisions and some bad.
SENATOR WIELECHOWSKI asked if the administration supports the
bill.
MR. MORSE replied neither the administration and nor DEED have
taken a position.
SENATOR WIELECHOWSKI said he'd be interested in knowing what the
governor and the commissioner think.
MR. MORSE reiterated that they haven't taken a position but he'd
take the question back to DEED.
CHAIR FRENCH emphasized all the members want an answer to that.
2:11:50 PM
SENATOR COGHILL said it's a capacity question. The cost of
keeping students in school will require increased services from
the school districts.
MR. MORSE said the fiscal note reflects the cost for those
students to pay for needed services. When a student stays in the
system, the foundation formula will give that funding to the
district.
2:13:17 PM
CHAIR FRENCH calculated and wondered if there is a fiscal plan
that depends on not having those children in school after age
16.
SENATOR WIELECHOWSKI noted the testimony that forcing students
to stay in school could lead to disruption and said he'd like to
know the department's position on that.
MR. MORSE said he believes that there are disruptive kids at
every grade level. Potentially there would be more disruptive
students because they're forced to stay but he believes that the
school is obligated to deal with those students. Some students
at age 17 are able to find other options. Whether or not it's a
good or bad decision to leave school, he can't comment on.
SENATOR WIELECHOWSKI asked what analysis the department has done
on this bill, since it represents a major shift in policy.
MR. MORSE said the analysis has centered on the fiscal note.
Different districts will be affected differently depending on
how they address truancy. He has worked in the both the Lower
Yukon and Juneau school districts, and is aware that enforcement
of the current law is different in each district.
2:17:30 PM
CHAIR FRENCH said since some states have increased the
compulsory age, there is probably research about the effects. It
would be interesting to see what happens when the attendance law
is changed.
SENATOR COGHILL said in the fiscal note he didn't see anything
that reflected the lower age change, from seven to six.
MS. NUDELMAN said they didn't account for the lower age because
most six-year-olds do enter either kindergarten or first grade.
2:19:03 PM
CHAIR FRENCH referred to page 2, where the current law says that
every child between age seven and 16 must attend school.
SENATOR COGHILL noted that since the districts will enforce this
law, he is seriously interested in how the enforcement will play
out.
MR. MORSE said they have discussed enforcement with districts in
Western Alaska. A good many have pursued enforcement and they
have been successful but it takes a lot of work to get it
through the system. Lower Kuskokwim has seen success. The Juneau
School District worked to create a local ordinance around this
issue, and there is now an official who can issue tickets for
truancy. However, it is handled differently in different areas.
2:22:29 PM
SENATOR WIELECHOWSKI asked if the administration sees a benefit
to the bill.
MR. MORSE said the administration believes it's good for
students to be in school regardless of age.
SENATOR WIELECHOWSKI asked if that would extend to pre-K.
MR. MORSE said he's speaking to the ages that DEED has authority
over.
SENATOR WIELECHOWSKI asked if DEED supports the lower age limit
in the bill.
MR. MORSE responded the district has not taken a position on
this bill.
2:23:49 PM
SENATOR PASKVAN asked if SB 9 promotes Alaska becoming more
competitive.
MR. MORSE said he couldn't speak to whether it would make the
state more competitive.
SENATOR PASKVAN asked how competitive any of us would be if we
dropped out at age 16.
MR. MORSE replied the issue is who is responsible for the
decision. This law is a way to get at that, and the
administration hasn't made a decision. However, staying in
school is always a good thing.
2:25:37 PM
SENATOR PASKVAN asked if the current dropout rate for 16 or 17-
year-olds is acceptable.
MR. MORSE responded he'd like to see everyone graduate but
that's separate from this legislation
SENATOR PASKVAN noted they need to be in school in order to
graduate.
MR. MORSE said he agreed.
SENATOR WIELECHOWSKI asked if the administration believes the
state should abolish all age requirements for education.
MR. MORSE answered he doesn't believe that; he's only said they
have not taken a position on SB 9.
2:26:37 PM
SENATOR COGHILL noted that there are reasons for the laws that
allow a student to emancipate at age 16. It appears that under
the school age rule, the student would be responsible for their
criminal behavior.
SENATOR PASKVAN asked the number of emancipations that occur.
CHAIR FRENCH said we need a DOL person to answer that.
2:27:55 PM
SENATOR WIELECHOWSKI read from a document from the National
Council of State Educators which says evidence suggests that
raising the maximum compulsory school age above 16 curtails
dropout rates and produces other positive results. He asked if
the the administration agreed or disagreed with that statement.
MR. MORSE responded that would require reviewing the research to
answer.
CHAIR FRENCH noted Mr. Morse must have sensed that the committee
wants direction from the administration.
2:29:02 PM
SENATOR DAVIS pointed out that it's impossible for the DEED
staff to provide some of the information the committee asked
for. The bill simply seeks to increase the compulsory attendance
age to 18. Age six is a compromise for the starting age; many
educators would prefer age five.
Once the bill is law and students and parents know they have to
stay until they graduate, many will graduate prior to age 18.
This is not a magic bullet, but it helps by keeping kids in
school later. Parents still have a right to pull their kids out
of school but SB 9 says the parent has to do this. Current law
gives this authority to a student when he/she reaches age 16.
She doesn't understand why the administration refuses to take a
position on the bill.
She said we're hurting our kids the way things are. The Juneau
School District is the only one that has employed a truant
officer; it's a local decision. This bill is one tool to cut the
dropout rate.
2:36:14 PM
CHAIR FRENCH announced he would hold SB 9 in committee.
SCR 2-UNIFORM RULES: PRESIDING OFFICER PRO TEM
2:36:30 PM
CHAIR FRENCH announced the consideration of SCR 2, proposing
amendments to the Uniform Rules of the Alaska State Legislature
relating to the presiding officer pro tempore. [CSSCR 2(STA)
was before the committee.]
SENATOR BETTYE DAVIS, sponsor of SCR 2, informed the committee
that Mr. Obermeyer would introduce the bill.
TOM OBERMEYER, staff to Senator Davis, sponsor of SCR 2, said
the committee substitute (CS) amends language in Section 4 on
page 2. The original bill unintentionally placed the presiding
officer pro tempore before the majority leader in the absence of
the regular presiding officer. The CS establishes that in the
absence of both the regular presiding officer and the majority
leader, the presiding officer pro tempore elected under Uniform
Rule 1(b) shall preside over sessions of the house.
The result of the amendment to Section 4 is that the presiding
officer pro tempore elected at the start of the first session of
a Legislature, in addition to the duties of the presiding
officer pro tempore set out in Rule 1(b), will continue for both
sessions to serve as a backup in the absence of the regular
presiding officer and majority leader.
MR. OBERMEYER said the sponsor statement clearly establishes
that the amendment to Uniform Rule 1 changes the titles of
temporary presiding officers to presiding officers pro tempore
and permanent presiding officers to regular presiding officers.
These changes to the Uniform Rules essentially create a third
permanent position in the leadership without changing the
leadership structure, he said.
2:39:10 PM
CHAIR FRENCH summarized that the bill makes two basic changes:
1) It replaces the temporary presiding officer with the
president pro tempore and 2) it creates a permanent president
pro tempore.
SENATOR DAVIS agreed; it removes the temporary aspect and makes
the president pro tempore a permanent position in the
leadership. She stated that the committee packets should contain
information on the number of states that have this. She added
that this new position would make it easier for women to move
into the leadership, but it doesn't take any duties away from
the current leadership positions.
CHAIR FRENCH noted that Doug Gardiner was available to answer
questions.
2:43:10 PM
SENATOR COGHILL observed that the majority leader currently
fills that position.
SENATOR DAVIS agreed and added that the majority leader is still
second on the list. This bill just adds a third permanent
leadership position. She offered to provide information on what
other states have done with this position if it wasn't in the
packet.
CHAIR FRENCH said his packet was very thorough. Finding no
further questions, he announced he would hold SCR 2 in
committee.
2:44:39 PM
There being no further business to come before the committee,
Chair French adjourned the meeting at 2:44 p.m.
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