04/16/2019 01:00 PM House MILITARY & VETERANS' AFFAIRS

        HB 109-MILITARY CHILDREN SCHOOL RESIDENCY WAIVER                                                                    
                                                                                                                                
1:06:00 PM                                                                                                                    
                                                                                                                                
VICE CHAIR TUCK announced that  the first order of business would                                                               
be  HOUSE   BILL  NO.   109,  "An   Act  relating   to  residency                                                               
requirements for  public school  enrollment for  certain children                                                               
of active duty military members."                                                                                               
                                                                                                                                
1:06:21 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX,  as prime  sponsor of HB  109, introduced  the bill                                                               
and read  the following  sponsor statement  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     House Bill  109 seeks  to allow military  children with                                                                    
     residency outside of the  state, but with documentation                                                                    
     of a  pending military relocation to  the state, access                                                                    
     to    preliminary    registration,    enrollment,    or                                                                    
     application to a  school district at the  time that the                                                                    
     process  is open  to  the  general student  population.                                                                    
     Proof  of residency  is  temporarily  waived until  the                                                                    
     student begins  school. Once the student  begins school                                                                    
     their parent or  guardian has ten (10)  days to provide                                                                    
     proof of residency in the school district.                                                                                 
                                                                                                                                
     This   is  important   to  military   school  children,                                                                    
     especially  those in  high  school.  Often classes  are                                                                    
     filled  during  the  preliminary  registration  of  the                                                                    
     students  already registered  in that  school district.                                                                    
     For military  students who are  high school  juniors or                                                                    
     seniors,  and   are  transferring   to  a   new  school                                                                    
     district, they  may need  to take  a specific  class to                                                                    
     complete   their  requirements.   This  bill   is  also                                                                    
     important  to  those  students   wishing  to  attend  a                                                                    
     Charter School through lottery or otherwise, as these                                                                      
     schools often fill up quickly and there are deadlines                                                                      
     for entering the lottery.                                                                                                  
                                                                                                                                
1:09:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP,  referencing  page 1,  line  11,  suggested                                                               
removing the 10-day limit on  providing proof of residency in the                                                               
school district in case it  creates a problem for the transferee.                                                               
He also  proposed inserting the  words, "or  intended residence,"                                                               
for those  who have a  future deployment date  and want to  get a                                                               
head start  on enrolling their  child in a school  that's located                                                               
in  the appropriate  district.   He added  that he  supported the                                                               
intent of the bill.                                                                                                             
                                                                                                                                
CHAIR LEDOUX offered her understanding  that a student can enroll                                                               
and provide records after arrival.                                                                                              
                                                                                                                                
1:12:24 PM                                                                                                                    
                                                                                                                                
TAMMIE   PERREAULT,  Regional   Liaison,  Defense-State   Liaison                                                               
Office, Office of the Assistant  Secretary of Defense, Department                                                               
of  Defense,  opined  that  the language  of  the  bill  provides                                                               
flexibility to  school districts  because it  isn't compulsorily.                                                               
If it takes longer  than 10 days for the family  to show proof of                                                               
residency there is no negative outcome.                                                                                         
                                                                                                                                
REPRESENTATIVE KOPP  noted that  relocating can  be hectic  for a                                                               
military family,  especially with small children.   He reiterated                                                               
that setting a time limit could be problematic for the family.                                                                  
                                                                                                                                
1:17:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JACKSON said she  appreciates the current bill and                                                               
cautioned  against changing  the  language to  remove the  10-day                                                               
limit, as that gives plenty of time to provide records.                                                                         
                                                                                                                                
1:19:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER stated  that  wants to  ensure that  the                                                               
current  bill  works  with  all the  options  offered  by  school                                                               
districts.                                                                                                                      
                                                                                                                                
CHAIR  LEDOUX acknowledged  that  she had  discussed the  current                                                               
bill with the association of school boards.                                                                                     
                                                                                                                                
REPRESENTATIVE  RAUSCHER asked  how HB  109 makes  the enrollment                                                               
process easier.                                                                                                                 
                                                                                                                                
CHAIR LEDOUX  stated that when  the military orders  are received                                                               
the family can preregister their  children in school even if they                                                               
aren't  physically in  the state  yet,  which allows  them to  be                                                               
eligible  for charter  school  lotteries,  specific classes,  and                                                               
more.                                                                                                                           
                                                                                                                                
1:22:48 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  TUCK added that  depending on  the time of  year, the                                                               
family  may  have  missed  the   deadline  for  charter  schools;                                                               
however,  if   they  know  where   they  are  moving,   they  can                                                               
preregister and  take advantage of  those opportunities  ahead of                                                               
time.                                                                                                                           
                                                                                                                                
CHAIR LEDOUX, referring to subsection  1 (g), suggested requiring                                                               
that  the  family show  a  copy  of  their transfer  orders  when                                                               
registering the child in school.                                                                                                
                                                                                                                                
1:24:52 PM                                                                                                                    
                                                                                                                                
MS.  PERREAULT  said  she  entrusted  the  committee  to  provide                                                               
whatever  clarity  on  this  specific   statute  that  they  deem                                                               
necessary in the bill.                                                                                                          
                                                                                                                                
1:26:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP   emphasized  that   HB  109   addresses  an                                                               
important  issue by  making it  easier for  military families  to                                                               
register their children in school.   He directed attention to the                                                               
first paragraph and  said that it needs more clarity.   He agreed                                                               
that requiring the families to show  a copy of the military order                                                               
could help clarify the intent of advanced registration.                                                                         
                                                                                                                                
1:27:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  expressed concern  about the  annual student                                                               
count date  in October.  She  asked if a child  transferring from                                                               
out of state under these conditions would be included.                                                                          
                                                                                                                                
CHAIR LEDOUX  acknowledged the concern; however,  she likened the                                                               
scenario to  a family that  registers their child and  then moves                                                               
out of state.                                                                                                                   
                                                                                                                                
VICE CHAIR  TUCK, in response  to Representative Tarr,  said that                                                               
in that the  base student allocation is dependent  on the Average                                                               
Daily Membership (ADM), which occurs  in October.  He pointed out                                                               
that if  an individual is  moving up  from a different  state and                                                               
has preregistered  then the school  district can include  them in                                                               
the ADM.  He stated that  that he  was unsure how  often transfer                                                               
orders get  cancelled, adding that  it would  be the same  as any                                                               
family, military or not, deciding to move out of state.                                                                         
                                                                                                                                
VICE CHAIR TUCK  directed attention to page  2, subparagraph (C),                                                               
and suggested it  be broken up into two  sections, thereby adding                                                               
another  subparagraph,  "(D),"  for   the  phrase,  "or  off-base                                                               
military housing."                                                                                                              
                                                                                                                                
1:31:45 PM                                                                                                                    
                                                                                                                                
MS. PERREAULT acknowledged that it  could written with an "or" to                                                               
add  greater clarity.   Relative  to  head count,  she said  that                                                               
preregistered  children  will  be  treated  as  though  they  are                                                               
already in Alaska based on  the transfer orders, which are rarely                                                               
changed.   She noted  that in  September there  will be  a better                                                               
sense of the actual head count.                                                                                                 
                                                                                                                                
1:35:24 PM                                                                                                                    
                                                                                                                                
HEIDI TESHNER,  Director, Finance and Support  Services Division,                                                               
Department of Education & Early  Development, offered that Alaska                                                               
has a  20-day count period  that always  ends the fourth  week of                                                               
October.   She said that as  long as a student  is enrolled, they                                                               
are included in the ADM for the funding formula.                                                                                
                                                                                                                                
VICE CHAIR TUCK  added that any late enrollment  won't be counted                                                               
until the next year.  He asked if that is correct.                                                                              
                                                                                                                                
MS. TESHNER  answered yes,  noting that there  is only  one count                                                               
period per year.                                                                                                                
                                                                                                                                
CHAIR LEDOUX asked if the students  must be present on the day of                                                               
the count to be included.                                                                                                       
                                                                                                                                
MS. TESHNER explained  that Alaska's ADM is  based on enrollment,                                                               
or  "membership",  rather  than  attendance.    She  stated  that                                                               
students can  be absent  during the count  period and  will still                                                               
count towards that membership.                                                                                                  
                                                                                                                                
MS.  TESHNER,  in  response to  a  question  from  Representative                                                               
Jackson,  said that  no adjustment  is  made after  the count  is                                                               
reported, adding that it's normal  for districts to gain and lose                                                               
students during the year.                                                                                                       
                                                                                                                                
1:38:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR asked Ms. Teshner  to restate when the annual                                                               
count period takes place.                                                                                                       
                                                                                                                                
MS. TESHNER said it's a 20-day  count period that always ends the                                                               
fourth Friday in October                                                                                                        
                                                                                                                                
1:38:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON established  a scenario  in which  a kid                                                               
can't get  into a certain biology  class that he or  she needs in                                                               
order to  graduate.   He indicated that  there could  be problems                                                               
for students trying to enroll in specific classes.                                                                              
                                                                                                                                
VICE  CHAIR  TUCK  sought clarification  on  how  often  transfer                                                               
orders  change  and  whether  families   are  informed  of  their                                                               
destination.                                                                                                                    
                                                                                                                                
1:41:07 PM                                                                                                                    
                                                                                                                                
MS. PERREAULT explained that, ideally,  the family will receive a                                                               
Request for Orders (RFO) in  January or February, which discloses                                                               
where they are going.   Orders are received in April  or May - 60                                                               
to 90 days  in advance of their departure date.  The families get                                                               
two weeks to find housing and  most know the situation in advance                                                               
of the  move.  She stated  that families will know  whether there                                                               
will be on-base  housing available to them and if  not, there are                                                               
online resources to help identify housing locations.                                                                            
                                                                                                                                
VICE CHAIR TUCK  sought clarification on the  timeframe for which                                                               
transferring families can acquire housing.                                                                                      
                                                                                                                                
MS. PERREAULT stated  that it depends on  the family's situation;                                                               
some families  may not  know their  final housing  location until                                                               
they arrive on the ground while others know it well in advance.                                                                 
                                                                                                                                
1:46:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP, directing attention  to page 1, lines 10-11,                                                               
suggested  changing  it to,  "The  parent  of the  student  shall                                                               
provide  to the  school district  a  copy of  the military  order                                                               
showing proof of  residence within 10 days of  the student' first                                                               
day of  attendance."   He explained that  if the  10-day deadline                                                               
started  after the  first day  of attendance  it would  allow the                                                               
family time to figure out  their housing situation and show proof                                                               
of residency.                                                                                                                   
                                                                                                                                
VICE  CHAIR TUCK  noted that  it's  a two-part  process they  are                                                               
implementing -  notifying the school of  enrollment and providing                                                               
proof of  residency.  He agreed  that allowing 10 days  from when                                                               
the student first attends school would be more comfortable.                                                                     
                                                                                                                                
1:49:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  remarked that it's more  important than just                                                               
notifying the district, it's about  allowing families to register                                                               
their children  in school so  they can select the  right classes,                                                               
join sports teams, and more.                                                                                                    
                                                                                                                                
CHAIR LEDOUX  highlighted the three changes  that were suggested:                                                               
clarify that transfers  can be from one military  base to another                                                               
and not  exclusively from  out of  state; require  a copy  of the                                                               
military orders  be provided  to the  school district;  and allow                                                               
the family 10 days from the  student's first day of attendance in                                                               
school to provide proof of residency.                                                                                           
                                                                                                                                
1:51:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JACKSON cautioned  against requiring the provision                                                               
of military  orders in case  the orders  are late or  they change                                                               
the transfer location.                                                                                                          
                                                                                                                                
CHAIR  LEDOUX  surmised that  proof  of  pending military  orders                                                               
would suffice.                                                                                                                  
                                                                                                                                
VICE CHAIR TUCK  directed attention back to  page 2, subparagraph                                                               
(C), and suggested that, "or  off base military housing," be made                                                               
into its own subparagraph, "(D)".                                                                                               
                                                                                                                                
CHAIR   LEDOUX   sought   clarification  on   the   reasons   for                                                               
subparagraphs (B) and (C).                                                                                                      
                                                                                                                                
1:54:38 PM                                                                                                                    
                                                                                                                                
MS. PERREAULT answered,  "no comment."  She said  that if leaving                                                               
that   section   with   less  specifics   meets   the   statutory                                                               
requirements then it's appropriate.                                                                                             
                                                                                                                                
1:54:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KOPP   agreed    that   because   residence   is                                                               
"exhaustively established in state statute  for a number of other                                                               
things," removing those  sections would be a good  idea to reduce                                                               
the chance of conflict.                                                                                                         
                                                                                                                                
1:56:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR surmised  that  with so  many single  option                                                               
charter  schools in  Anchorage,  HB  109 would  be  a benefit  to                                                               
military  families  that would  otherwise  be  at a  disadvantage                                                               
since enrollment in  those schools are selected by  lottery.  She                                                               
thanked the sponsor for bringing it forward.                                                                                    
                                                                                                                                
1:56:43 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:56 p.m. to 1:57 p.m.                                                                       
                                                                                                                                
[Vice Chair Tuck returned the gavel to Chair LeDoux.]                                                                           
                                                                                                                                
1:57:46 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX opened public testimony.                                                                                           
                                                                                                                                
1:58:45 PM                                                                                                                    
                                                                                                                                
MS.  PERREAULT  informed  the  committee  that  she  had  already                                                               
provided written testimony [included  in the committee packet] in                                                               
support of  HB 109.   She  opined that it  would have  a positive                                                               
effect on  the educational experience  of military families.   It                                                               
would ensure that high school  and special needs students get the                                                               
classes they need,  as well as help charter school  students.  On                                                               
behalf of  the U.S. Department  of Defense, she urged  members to                                                               
move the bill out of committee.                                                                                                 
                                                                                                                                
REPRESENTATIVE  TARR  asked if  the  10,000  school age  military                                                               
children that Ms.  Perreault mentioned range from  ages 5-18 and,                                                               
if so, how many are younger than that.                                                                                          
                                                                                                                                
2:02:07 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:02:18 PM                                                                                                                    
                                                                                                                                
MS.  PERREAULT   replied  there  are  approximately   9,800  K-12                                                               
students.   she said she  was unsure how  many were under  age 5;                                                               
however, she would be in touch with that data.                                                                                  
                                                                                                                                
REPRESENTATIVE TUCK commented  that the military does  a good job                                                               
of covering  the 0-5 years  of age  through their Heroes  at Home                                                               
program, which is for parents and teachers.                                                                                     
                                                                                                                                
2:04:44 PM                                                                                                                    
                                                                                                                                
JAMIE ALLARD informed  the committee that she is  both a military                                                               
spouse  and   veteran.    She   disclosed  that  she   works  for                                                               
Commissioner  Sacks at  the Department  of  Military &  Veterans'                                                               
Affairs (DMVA);  however, she  is testifying  on her  own behalf.                                                               
She stated that  active duty National Guard  move regularly every                                                               
three years and  the current bill would help  them register their                                                               
children  in  school.     She  reflected  on   her  family's  own                                                               
experience arriving in Alaska in  2010, noting that they lived in                                                               
a hotel  for 90 days with  two young daughters and  had to enroll                                                               
her 5-year-old  in private  school.   If she  had longer  than 10                                                               
days  to provide  documentation,  she said,  it  would have  been                                                               
beneficial.  She  expressed her support for the bill  and said it                                                               
would be helpful.                                                                                                               
                                                                                                                                
CHAIR LEDOUX asked if the DMVA has an official position on bill.                                                                
                                                                                                                                
MS. ALLARD indicated that her supervisor encourages it.                                                                         
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked if the military  provides any kind                                                               
of support for families who receive orders that have children.                                                                  
                                                                                                                                
MS.  ALLARD  replied  that the  military  always  supports  their                                                               
veterans   and  families;   nonetheless,  they   must  be   self-                                                               
sufficient.  She added that  the Judge Advocates Office, which is                                                               
the  legal representation  for military  personnel, could  always                                                               
issue a letter in lieu of orders.                                                                                               
                                                                                                                                
REPRESENTATIVE THOMPSON  questioned whether active  duty National                                                               
Guard are considered active duty military members.                                                                              
                                                                                                                                
MS. ALLARD answered yes.                                                                                                        
                                                                                                                                
REPRESENTATIVE  JACKSON   suggested  changing  the   language  to                                                               
include "National Guard."                                                                                                       
                                                                                                                                
2:11:01 PM                                                                                                                    
                                                                                                                                
VERDIE BOWEN,  Director, Office  of Veterans  Affairs, Department                                                               
of Military  and Veterans' Affairs,  informed the  committee that                                                               
the DMVA is in full support of HB  109.  He said that the hardest                                                               
part about military transfers is  the transition of children from                                                               
one school  to another.  He  said this bill is  greatly needed to                                                               
make the playing field fair.                                                                                                    
                                                                                                                                
2:13:08 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX,  after  ascertaining  no  one  further  wished  to                                                               
testify, closed public testimony on HB 109.                                                                                     
                                                                                                                                
2:13:34 PM                                                                                                                    
                                                                                                                                
[HB 109 was held over.]                                                                                                         
                                                                                                                                
2:14:29 PM                                                                                                                    
                                                                                                                                
The committee took a brief at ease at 2:14 p.m.