Legislature(2015 - 2016)CAPITOL 106
03/18/2016 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings(s): | |
| State Board of Education and Early Development | |
| Professional Teaching Practices Commission (ptpc) | |
| University of Alaska Board of Regents | |
| HB102 | |
| HB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 156 | TELECONFERENCED | |
| += | HB 102 | TELECONFERENCED | |
HB 102-RESIDENTIAL PSYCH CTR; EDUC. STDRS/FUNDS
8:50:47 AM
[CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 120, "An Act relating to workers' compensation
and transportation network companies; and providing for an
effective date."] [Before the committee, adopted as a work
draft on 2/1/16, was the proposed committee substitute (CS) for
HB 102, Version 29-LS0519\S, Glover, 2/10/16.]
REPRESENTATIVE VAZQUEZ moved to adopt the committee substitute
(CS) for HB 102, version 29-LS0519\Y, Glover, 3/17/16, as the
working document. Without objection, Version Y was before the
committee.
8:54:53 AM
JANET OGAN, Staff, Representative Wes Keller, Alaska State
Legislature, directed attention to the proposed CS, page 2, line
18, to paraphrase the language, which read:
(a) A school district may enter into a contract to
provide payments to a residential psychiatric
treatment center that provides an educational program
for a student admitted to the center. If a school
district and a residential psychiatric treatment
center are unable to agree on a proposed contract on
or before January 1 immediately preceding the first
school year for which the residential psychiatric
treatment center is seeking funding, the school board
where a student who is admitted to the center is
enrolled shall enter into a contract with the center
as provided in (b) of this section.
MS. OGAN pointed out that the "shall" contained in the first
line of this subsection, was changed to "may" and the initial
date of "April 1" is now "January 1" to reflect a previously
adopted amendment. The final change alters the sunset date, she
said, which was "2019" and is now proposed as "2020".
8:57:50 AM
The committee took an at-ease from 8:57 a.m. to 9:02 a.m.
9:02:04 AM
CHAIR KELLER announced that public testimony was previously
closed and stated intent to maintain that status.
9:02:41 AM
REPRESENTATIVE SEATON returned to the language change, page 2,
line 18, the term "shall" now proposed as "may". He directed
attention to the subsequent line 24 that was not changed to the
permissive term, but maintains the directive "shall". Given the
scenario of a Kenai student attending the North Star facility in
Anchorage, he questioned how funds would be directed and the
contract requirements that apply.
9:04:33 AM
CHAIR KELLER paraphrased from page 2, lines [18-19] to emphasize
the intent. He said, "A district may enter into a contract to
provide payments to residential psychiatric treatment centers."
A conditional statement is provided, he said, and continued
paraphrasing:
If a district and a [residential psychiatric treatment
center] are unable to agree on a proposed contract on
or before [January 1], then it becomes a mandate.
CHAIR KELLER maintained that this language makes it very clear.
REPRESENTATIVE SEATON, continuing to clarify, said:
On line 23, '... the school board where a student who
is admitted to the center is enrolled ...' ... This
is saying that whatever school board ... a student is
enrolled in will enter a contract with the
[residential psychiatric treatment center], not the
Anchorage school district.
CHAIR KELLER concurred.
REPRESENTATIVE SEATON turned to the Kenai Peninsula Borough
School District (KPBSD) letter, from Superintendent Sean Dusek,
dated 3/11/16, to the member, which lists a number of concerns.
He paraphrased the bullet points, which read as follows
[original punctuation provided]:
The funding proration is ambiguous regarding the
funding types to be included in the calculation, 9i.e.
does this formula include local contribution, grant
funding, the BSA, and intensive needs funding?).
There are no measures in place to hold residential
facilities accountable for providing a quality
education.
There is no oversight to hold residential facilities
accountable for implementing special education and
special education legal paperwork.
There is no proof that residential facilities will
adequately coordinate educational activities with
school districts and provide an education that is
aligned with local schools in a manner that is better
than what is currently offered.
This bill will create financial uncertainty for school
districts due to an inability to predictably budget
for these students.
This plan may open the door for out of state
residential facilities to charge significant amounts
of money to local school districts for students at
their facilities.
CHAIR KELLER said an amendment would be welcomed, and pointed
out that funding is not stipulated in the bill.
REPRESENTATIVE SEATON asked whether the bill includes the local
contribution of the base student allocation (BSA) intensive
needs, and conjectured that perhaps the intent is for a
combination of all three funding sources.
9:09:13 AM
DR. SUSAN MCCAULLY, PhD, Interim Commissioner, Department of
Education and Early Development, said the current Version Y does
not appear to specify the funding mechanism. Because it's not
prescriptive, negotiations would need to be entered into to make
payment determinations. She directed attention to page 2, line
26, which read:
(b) A school board shall enter into a contract to
provide payments to a residential psychiatric
treatment center that provides an educational program
for a student ...
9:10:43 AM
REPRESENTATIVE SEATON maintained interest in understanding the
source of the funding that will be used to support a student,
and satisfy the concerns raised in the cited KPBSD letter,
especially regarding local and state funding contributions.
Additionally, the letter indicates that a door may be opened to
Outside contractors, and the bill doesn't appear to limit
treatment to in-state facilities. A question, he said, that
needs to be answered.
9:11:37 AM
CHAIR KELLER pointed out that nothing in charter school statute
specifies what is local versus state contribution, and said the
North Star center is not unlike a charter school.
9:11:53 AM
REPRESENTATIVE SEATON said ASD has requested an opinion
regarding state educational funds being directed to a private
facility, and drew attention to the committee packet and the
Legal Services memorandum, from Jean M. Mischel, dated 3/17/16,
addressing the subject: Constitutionality of CSHB 102 (EDC)
(Work Order No. 29-LS0519\S).
9:12:35 AM
REPRESENTATIVE SPOHNHOLZ stated opposition to the bill, and said
it appears to have been created in response to a situation
specific to ASD. She expressed interest in hearing further from
ASD regarding strides and inroads that have been handled
locally, and perhaps avoid the need to enter the statutory
process.
9:15:40 AM
REPRESENTATIVE DRUMMOND directed attention to the committee
packet, and the three page ASD letter, from Superintendent Ed
Graff, dated 3/17/16, which describes the extensive changes that
have been implemented in an effort to remedy the situation,
since HB 102 was first introduced [February 2015].
9:16:16 AM
REPRESENTATIVE SEATON moved to adopt an amendment he called
"Y.1," [labeled 29-LS0519\S.5, Glover 3/16/16], on behalf of
Representative Colver, which read as follows [original
punctuation provided]:
Page 2, line 28, following "district":
Insert "during the student count period described
under AS 14.17.600"
CHAIR KELLER objected for discussion.
9:16:48 AM
The committee took an at-ease from 9:16 a.m. to 9:24 a.m.
9:24:16 AM
CHAIR KELLER invited Representative Seaton to move an amendment
that aligned with Version Y. [The previous motion to adopt
Amendment "Y.1" was treated as withdrawn].
9:25:00 AM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 1,
page 3, line 3, as follows:
Page 3, line 3, following "district":
Insert "during the student count period described
under AS 14.17.600"
CHAIR KELLER objected for discussion.
9:26:01 AM
CHAIR KELLER removed his objection, without further objection,
Conceptual Amendment 1 was adopted.
9:26:29 AM
REPRESENTATIVE VAZQUEZ commented on the defining dates that HB
102 has been heard in committee, since the session began in
2015, and pointed out that it may be disingenuous for districts
to begin weighing in at this late date. Extensive testimony has
been heard and the onsite visits to the North Star facility, by
committee members, occurred during the interim. She opined that
the basic educational requirements, of the students who require
this type of facility, have been seriously neglected.
9:28:21 AM
REPRESENTATIVE VAZQUEZ moved to report CS for HB 102, 29-
LS0519\Y, Glover 3/16/16, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
9:28:39 AM
CHAIR KELLER objected for discussion.
9:28:49 AM
REPRESENTATIVE VAZQUEZ expressed additional concern for the
neglect of the vulnerable students being served, that this bill
addresses. A seamless situation needs to be available for this
at-risk population, she stressed.
9:31:05 AM
REPRESENTATIVE SPOHNHOLZ agreed with the at-risk population, and
recalled testimony received in committee from parents. However,
placing statute on the books that may not be necessary is also a
concern. Creating a statewide remedy to what appears to be a
local problem may be using a sledge hammer when a scalpel is
required, she opined.
9:34:02 AM
REPRESENTATIVE SEATON noted that the bill has undergone a number
of changes, and pointed out the recent comments received from
ASD, along with the legal opinion, both contained in the
committee packet. The changes in the bill appear to define the
facility as a school, and the legal opinion states that it will
be unconstitutional for educational dollars to be directed in
that manner. The thrust has gone beyond working cooperatively
with a treatment facility, and now describes that facility as a
school. Additionally, ASD indicates that the issues are being
addressed, negating the need for legislation.
9:37:46 AM
REPRESENTATIVE TALERICO referred to the bill [Section 1, page 2,
lines 2-4], which read as follows:
(3) in some instances, a residential psychiatric
treatment center is able to provide more effective
educational and treatment services to an admitted
student than a school district can provide to the
student;
REPRESENTATIVE TALERICO said it appears that the students are
being sidelined during a power play of administrators exerting a
tug of war. He said the bill appears to be moving in the right
direction in keeping the students as the priority.
9:40:41 AM
REPRESENTATIVE DRUMMOND expressed appreciation for an instate
facility, however, local school boards may be negatively
impacted by passage of the bill.
9:42:22 AM
CHAIR KELLER interjected that the bill will not define the
treatment center as a school.
9:43:57 AM
CHAIR KELLER removed his objection and, without further
objection, ordered CSHB 102(EDC), as reported from the House
Education Standing Committee.
9:44:07 AM
The committee took an at-ease from 9:44 a.m. to 9:46 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB102 CS vY.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 support letter Caela.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 Rebuttal of ASD Evelyn Alsup Norht StarDeficiencies 3_8.docx |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 CS Work Draft S.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 Letter of Concern Matanuska- Susitna School District.PDF |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 Follow up with ASD Testimony.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB 102 ASD Opposition House Education Committee Letter 031516.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |