03/07/2007 08:00 AM Senate SPECIAL COMMITTEE ON EDUCATION
| Audio | Topic |
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| Start | |
| SB31 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 31 | ||
ALASKA STATE LEGISLATURE
SENATE SPECIAL COMMITTEE ON EDUCATION
March 7, 2007
8:03 a.m.
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator Donny Olson
MEMBERS ABSENT
Senator Charlie Huggins, Vice Chair
Senator Bettye Davis
Senator Gary Wilken
OTHER LEGISLATORS PRESENT
Senator Con Bunde
COMMITTEE CALENDAR
SENATE BILL NO. 31
"An Act relating to truancy."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 31
SHORT TITLE: TRUANCY
SPONSOR(s): SENATOR(s) SENATOR BUNDE
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) SED, STA, FIN
03/02/07 (S) SED AT 8:00 AM BUTROVICH 205
03/02/07 (S) -- MEETING CANCELED --
03/07/07 (S) SED AT 8:00 AM BUTROVICH 205
WITNESS REGISTER
Sonia Kerr, representing herself
Anchorage, AK
POSITION STATEMENT: Testified on SB 31
Tony Newman, Program Officer, Division of Juvenile Justice
Department of Health and Social Services (DHSS)
POSITION STATEMENT: Testified on SB 31
Peggy Cowen, Superintendent
Juneau School District
Juneau, AK
POSITION STATEMENT: Testified on SB 31
Mike Lesmann, Community Relations Manager
Office of Children's Services (OCS)
Juneau, AK
POSITION STATEMENT: Testified on SB 31
Dixie Banner, representing herself
Wasilla, AK
POSITION STATEMENT: Against SB 31
PJ Ford Slack, Superintendent
Delta-Greely School District
Delta Junction, AK
POSITION STATEMENT: Testified on SB 31
Sam Steward
Kenai Peninsula Borough School District
Kenai, AK
POSITION STATEMENT: Testified on SB 31
ACTION NARRATIVE
CHAIR STEVENS called the Senate Special Committee on Education
meeting to order at 8:03:09 AM. Present at the call to order
were Senator Olson and Chair Stevens.
SB 31-TRUANCY
CHAIR STEVENS announced SB 31 to be up for consideration.
SENATOR BUNDE, sponsor of SB 31, said that children must stay in
school to be prepared for life; teenagers can have poor
judgment, and the intent of the bill is to provide a tool for
parents to deal with rebellious schoolchildren. It also creates
an opportunity to encourage good parenting. He said that
nowadays school truancy is commonplace and parents have little
power over their kids; neither schools nor parents can force
children to stay in school. This has increased juvenile crime.
SB 31 is modeled after a law in Washington which helps prevent
chronic truants from joining gangs and hurting themselves and
others. It gives a wide range of criteria for schools to
determine truancy, with a graduated disciplinary process from
counseling to juvenile detention. The majority of young people
respond well to counseling and returns to school; states and
school districts that treat truancy aggressively have lower
rates of juvenile crime. In recent years there were over 1,800
Alaskan truancies yearly. The bill is not inexpensive; there
will be fiscal impacts on various departments, but the
preemptive investment will pay for itself later in reduced
societal costs.
8:12:50 AM
CHAIR STEVENS agreed that the issue is enormously important, and
he asked if Senator Bunde was familiar with a form showing
truancy by district.
SENATOR BUNDE responded that he was, and that another aspect of
the bill is defining truancy, because definition changes
throughout districts. He added that some parents choose to keep
their children out of school, which they are allowed to do.
CHAIR STEVENS said that one of his districts is not in the
report, and commented that it is interesting to see how
districts vary in terms of truancy numbers.
SENATOR BUNDE said that the truancy trend is headed upward.
CHAIR STEVENS said that he is interested to see how different
districts will approach the truancy problem.
SENATOR BUNDE said that superintendents across the state have
asked for help on the truancy issue, although they are reluctant
to accept the financial cost. He explained that schools simply
will have to report the number of unexcused absences and when
they reach a certain point action will be taken, beginning with
a student contract and eventually leading to a civil case if
necessary.
8:18:09 AM
CHAIR STEVENS said that when he was a student, people were much
more conscientious about truancy; he then asked for statistical
information on the truancy law in Washington.
SENATOR BUNDE said that while he did not have factual data with
him, a Washington attorney told him that the law solved about 50
percent of truancy problems in that state.
CHAIR STEVENS commented that even smaller Alaskan communities
have large-city problems like gang violence.
8:20:30 AM
SENATOR OLSON asked what other states have similar truancy laws.
SENATOR BUNDE replied that he did not have the information with
him.
SENATOR OLSON asked for the cost of the bill when it would be
implemented.
SENATOR BUNDE replied that the department of law could answer
the question best, but that he is anticipating the need of more
staff for dealing with juvenile crime and the cost could
possible reach hundreds of thousands of dollars; he pointed out
that the money saved by early intervention would make the cost
more than worth it.
8:22:12 AM
CHAIR STEVENS commented that he understands necessary costs, but
that districts must do their job as well and some people may see
the bill as shifting the burden of education away from the
school system.
SENATOR BUNDE said that not many schools have truant officers
anymore and that in Washington attorneys representing youth on
truancy cases were working for non-profits. He explained that
the fiscal note will remain at zero until the real cost of the
bill can be determined.
He added that some districts fine students who miss too much
class, and then related a personal story about truancy. He
explained that truancy is also frustrating for teachers because
their students who have missed class have to catch up while the
others wait.
SENATOR OLSON asked about the reaction to the bill from schools
and superintendents.
SENATOR BUNDE said that he's had informal comments from his
districts regarding the need for action against truancy.
SENATOR OLSON asked for the reaction from the ACLU or any
parental rights groups towards this type of law.
SENATOR BUNDE said that he didn't know of any, but that the
purpose of the bill is to strengthen parental rights, and not
undermine them.
SENATOR OLSON asked if an offender would technically become a
ward of the state.
SENATOR BUNDE replied that effectively, that is true.
8:28:19 AM
CHAIR STEVENS said that Alaska has a very high student dropout
rate, and asked if there is a connection between the two issues.
SENATOR BUNDE replied that truancy can lead to dropping out
because kids feel that they're too far behind in class.
CHAIR STEVENS commented on a news story about kidnapped
children, and asked for comments on truancy related to home
schooling.
SENATOR BUNDE said that home-schooled children would be
effectively beyond the law, and that laws can't be written for
the lowest common denominator.
He added that the bill has generated a lot of discussion across
the state.
8:32:18 AM
SONIA KERR, representing herself, said that she appreciates the
bill, and that she has worked with disabled students for over 20
years who often have poor attendance due to individualized
education programs or other issues. She said that she would like
to see an amendment excepting such students from the bill.
CHAIR STEVENS asked if her concern only regards students with
disabilities.
MS. KERR replied affirmatively.
8:34:16 AM
TONY NEWMAN, Program Officer for the Division of Juvenile
Justice in the Department of Health and Social Services (DHSS),
said that truancy is associated with a number of problems and
failure in school leads to criminal behavior. One of the reasons
the bill incites interest is because it's a new way to deal with
truancy; it sets up a series of steps that may lead to court
proceedings, which means moving truancy from a locally managed
violation to a formal court adjudication. This would result in
both technical and philosophical challenges, because truancy is
not a criminal offence but a status offence, which means it
can't be committed by an adult. Such offenses shouldn't be dealt
with by the criminal system, because the violators will come
into contact with serious criminals when put in detention. Such
detention can be ineffective and detrimental.
He explained that Alaska receives federal funding every year to
help limit the contact status offenders have with juvenile and
adult detention centers; SB 31 would jeopardize this funding
because it could lead to status offenders being housed with
serious criminals. He added that at this point it is difficult
to know what sort of staffing resources will be needed to
implement the bill. Truancy program coordinators agree that
several dozen youth in any given school could meet the
definition; however, the Washington bill resulted in more
preventative action and fewer kids reaching the court stage of
punishment. There's a current lack of consistency in truancy
reporting in the state, and better understanding of the truancy
problem is needed to determine the best plan of action.
8:39:25 AM
CHAIR STEVENS asked how the delinquency statute is currently
enforced.
MR. NEWMAN said that the juvenile justice system is initiated
for criminal acts, and truancy doesn't fall into this
definition.
CHAIR STEVENS said that the juvenile detention system is
included in the 4th step, which is court.
MR. NEWMAN concurred.
CHAIR STEVENS asked if the bill puts federal funding to Alaska
in jeopardy.
MR. NEWMAN said that $700,000 in yearly federal funding is
received by the state because Alaska addresses four mandates
including the non-detention of status offenders unless there is
a valid court order from a judge. In Washington kids are
occasionally detained for truancy and the federal government is
concerned that the state is losing track of the intent of the
law.
SENATOR OLSON asked if Mr. Newman opposed the bill.
MR. NEWMAN said that the Division of Juvenile Justice has
concerns about the bill.
SENATOR OLSON asked what the department plans on doing about
truancy rates.
MR. NEWMAN replied that the department is aware of the problem
and is discussing solutions; many of the initial steps in SB 31
are positive, but the department takes issue with the
criminalization. He mentioned some alternatives for truancy
prevention, such as school social workers, breakfast clubs,
public assistance, and driver's license revocations.
SENATOR OLSON said that those goals seem to be outside the
Department of Justice's realm of expertise, and he thinks the
truancy program is worth the loss of federal funding.
MR. NEWMAN restated that the federal office's concern is that
chronic offenders will be coming into contact with truly
criminal youths and be exposed to criminal thinking; status
offenders should be managed separately.
8:47:11 AM
SENATOR OLSON agreed that the concern is valid, but that maybe
the system is the problem and not the students themselves.
CHAIR STEVENS commented that status crime incarcerations should
be separated from others, but in smaller communities that could
be difficult.
8:48:46 AM
PEGGY COWEN, Superintendent for the Juneau School District
(JSD), said that the issue is an important one; the JSD does
have a truancy tracking system that's effective up to 80 percent
attendance improvement. Districts should be required to have a
truancy program, but discretion and judgment are important, and
this bill may be too hasty to lock kids up. The bill is also a
fiscal issue for the districts; the current truancy tracking
system would be overwhelmed with processing documents and would
have less time for working with families and students.
She then explained some of her recommendations for the bill,
including changing the truancy threshold and modifying some of
the disciplinary steps. She added that the definition of absence
should be adjusted because some students could show up for one
class a day and not be considered truant.
CHAIR STEVENS said that he didn't understand the difference
between policies for truancy and drop outs.
MS. COWEN said that the district's truancy tracker doesn't meet
with students after age 16, when they have the choice to leave
school permanently; also, the state requires every district to
have a threshold for administrative drop, which is typically ten
days.
8:57:23 AM
CHAIR STEVENS commented that Indiana has done some interesting
things to prevent students dropping out, including parent
contracts and revocation of driver's licenses. He added that
Juneau truancies have increased greatly, and asked why.
MS. COWEN said that tracking has greatly improved.
SENATOR OLSON asked if this bill will be making a local issue a
statewide issue.
MS. COWEN said that the statement of the importance of truancy
is a good thing, but that having regulations this strict could
be put some districts and students in jeopardy.
9:00:15 AM
MIKE LESMANN, Community Relations Manager for the Office of
Children's Services (OCS), said that current state law on
children in need of aid statutes does address education; under
AS 47.10.014, the definition of child neglect includes neglect
of education. The OCS does receive calls regarding truancy, but
he explained that it's mainly a different issue from what the
bill deals with.
He added that if the laws are to be amended, the OCS would like
to see it made clear that community response and court
involvement have been tried already before a court order is
given to make the youth a ward of the state.
CHAIR STEVENS asked if the involvement of the OCS occurs when
the custody of the youth is given to the state.
MR. LESMANN replied that currently, the OCS is involved when
there are allegations of parental neglect according to law. If
the allegation is serious enough to petition the court for a
change of custody, the OCS would generally petition for legal
but not physical custody of the youth.
9:04:22 AM
DIXIE BANNER, representing herself, said that 95 percent
attendance should be required to pass final exams, and children
should not have any rights until they're 18 or until they have
graduated. She said that parental rights are being diminished
continually, and offered several suggestions for increasing
them. She opined that laws should be stricter, and she
shouldn't be responsible for her children's misdoings.
She added that truancy is correctable in the method that the
bill proposes, but the bill needs to be modified; parents are
not taking enough responsibility for their children.
CHAIR STEVENS thanked Ms. Banner for her comments.
MS. BANNER said that kids should not be allowed to do as they
please, and that she is not in favor of the bill because it
needs to be improved. School principals should also be consulted
about the bill.
9:10:11 AM
PJ FORD SLACK, Superintendent for the Delta-Greely School
District, thanked Senator Bunde for the bill, and said that the
school attendance policy in the state needs to be changed; home-
schooling should be more regulated as well. She added that many
districts don't have truancy trackers and truant children in
different districts may be being missed.
CHAIR STEVENS remarked that truancy rates seem to be improving
in Ms. Ford Slack's district.
MS. FORD SLACK replied that the No Child Left Behind act has
changed truancy definitions, and that there are still children
in her district who are under the radar.
9:12:39 AM
SAM STEWARD, with the Kenai Peninsula Borough School District,
said that he agrees with Ms. Cowen regarding truancy, and
explained how the Kenai school district has an elaborate truancy
tracking system.
CHAIR STEVENS asked for the numbers of truants in the Kenai
school district.
MR. STEWARD replied that there are about 11 truancy petitions in
the court each year.
CHAIR STEVENS said that Kenai seems to involve parental
involvement more than other districts, and asked for detail.
MR. STEWARD replied that there are several ramifications for
truancy, including community service, attendance of classes by
parents, etc.; suspension is avoided.
9:15:32 AM
SENATOR BUNDE asked if truancy prosecution is done by courts in
Kenai.
MR. STEWARD replied that the district does prosecute through the
court, and that the resulting penalty is a $500 fine for the
parent.
CHAIR STEVENS commented that parents attending classes with
their kids must be a very effective solution.
SENATOR BUNDE said that a very angry teenager could cause fines
for their parents purposefully. He added that taking away a
Permanent Fund dividend check for truancy is an issue he doesn't
want to address.
CHAIR STEVENS said that youths losing their driver's licenses
wouldn't necessarily solve the problem either. He thanked the
presenters, and, there being no further business to come before
the committee, adjourned the meeting at 9:19:11 AM.
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