Legislature(2023 - 2024)GRUENBERG 120
04/24/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HJR28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 324 | TELECONFERENCED | |
| += | HB 163 | TELECONFERENCED | |
| *+ | HJR 28 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 24, 2024
2:04 p.m.
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 28
Proposing amendments to the Constitution of the State of Alaska
relating to using public funds for education.
- HEARD & HELD
HOUSE BILL NO. 324
"An Act relating to insurance data security; amending Rule 26,
Alaska Rules of Civil Procedure, and Rules 402 and 501, Alaska
Rules of Evidence; and providing for an effective date."
- BILL HEARING CANCELED
HOUSE BILL NO. 163
"An Act creating the FAFSA raffle fund; relating to the
definition of 'gambling'; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HJR 28
SHORT TITLE: CONST. AM: EDUCATION FUNDING
SPONSOR(s): JUDICIARY
04/18/24 (H) READ THE FIRST TIME - REFERRALS
04/18/24 (H) JUD, FIN
04/24/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 28, on behalf of the House
Judiciary Standing Committee, sponsor by request, chaired by
Representative Vance.
ARIANA ANDERSON, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
CALEB SCHANE, representing self
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 28.
EMILY FERRY, representing self
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 28.
LON GARRISON, Executive Director
Association of Alaska School Boards
Juneau, Alaska
POSITION STATEMENT: Testified in opposition of HJR 28.
LAURA HECKERT, representing self
Homer, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
MICHAEL PATTERSON
Party for Socialism and Liberation Anchorage
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
ALLEN STRAH, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in opposition of HJR 28.
CYNTHIA GACHUPIN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
MEGHANN LIPSE, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 28.
DAVID LESLIE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
JEFFERY MAYFIELD, representing self
Homer, Alaska
POSITION STATEMENT: Testified opposition to HJR 28.
SCOTT CRASS, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
SUSAN MCKENZIE, Administrator
Kings Christian School AK
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
MIKE ILLG, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
MELISSA GORDAOFF, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified during the hearing on HRJ 28.
ERIN KELLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
KENT WILLIAMS, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
DANIELLE SJODEN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
KASIE KRAGE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
BRIAN PIKE, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
HOLLY DAVIS, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
NICCOLE VAN PEURSEM, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
REBECCA BERNARD, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
FAELYN SIMPSON, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
SHAD SCHOPPERT, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
LUANN MCVEY, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
CELESTE NOVAK, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
NICOLE CONNOLLY, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 28.
TOM KLAAMEYER, President
National Education Association Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 28.
AMY SIMS, representing self
Valdez, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 28?
ERIK PALIN, representing self
Big Lake, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
MIKE COONS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
CANDICE BROWN, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
NATHALIE HUGHES, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
SARAH JONES, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of HJR 28.
JOSH BRANSTETTER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
ANDY HOLLEMAN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
DR. PAMELA CONRAD, representing self
Bethel, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
RACHEL LORD, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to HJR 28.
ACTION NARRATIVE
2:05:00 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 2:04 p.m. Representatives Carpenter, C.
Johnson, Sumner, Groh, and Vance were present at the call to
order. Representatives Gray and Allard arrived as the meeting
was in progress.
HJR 28-CONST. AM: EDUCATION FUNDING
2:05:31 PM
CHAIR VANCE announced that the first order of business would be
HOUSE JOINT RESOLUTION NO. 28, Proposing amendments to the
Constitution of the State of Alaska relating to using public
funds for education.
2:05:55 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of the House Judiciary Standing
Committee, sponsor by request, chaired by Representative Vance,
presented HJR 28. He said the bill [deletes] the language from
the recent Alaska Superior Court decision that was used to
invalidate the state's correspondence program. The bill would
also make clear that education funding is a public purpose.
CHAIR VANCE opened public testimony on HJR 28.
2:08:27 PM
ARIANA ANDERSON, representing self, testified in support of HJR
28. If the correspondence allotments were eliminated, she said
many children may not receive the same educational opportunities
and variety that they previously had. She opined that the
recent court ruling is a vast overreach that, if applied, would
make the current public and private education systems unable to
function. She said there is no way for the Alaska school system
to absorb an additional 24,000 students, and that HJR would be a
simple fix to ensure that correspondence programs are not in
conflict with the Alaska Constitution.
2:10:29 PM
CALEB SCHANE, representing self, testified during the hearing on
HJR 28. He urged the legislature not to change the
constitution, and shared his belief that there are better ways
to control what's happening with the money for homeschooling.
He opined that allowing state taxpayer money to be used for
religious schools goes against the freedom of religion in the
U.S. Constitution.
2:11:19 PM
EMILY FERRY, representing self, testified in support of HRJ 28.
She stated that a quick resolution to the issues brought forth
by the superior court would bring certainty to homeschools.
However, she opined that a change to the constitution would
raise contention and move the state further away from the
certainty that students and families desire.
2:12:41 PM
LON GARRISON, Executive Director, Association of Alaska School
Boards (AASB), testified in opposition of HJR 28. He said AASB
is opposed to using public funds to finance private schools,
parochial schools, or private homeschool correspondence
programs, which can divert from the limited resources of public
schools. He stated that public funds used for private or
religious institutions cannot ensure the benefits of
accountability measures and do not satisfy other state and
federal mandates that public schools are required to operate
under.
2:14:31 PM
LAURA HECKERT, representing self, testified in support of HJR
28. She shared her belief that public funds should be available
for all children no matter which school they attend.
2:15:48 PM
MICHAEL PATTERSON, Party for Socialism and Liberation Anchorage,
testified in opposition to HJR 28 and characterized the
resolution as a clear attempt to erode the separation between
church and state. Given the recent court decision, he said HJR
28 is an attempt to constitutionalize a loophole that allows for
the unconstitutional allotment of public funds for religious and
private institutions. He urged the legislature to fix
education, not use a crisis to insert an unpopular ideological
position into the constitution.
2:17:44 PM
ALLEN STRAH, representing self, testified in opposition of HJR
28. He emphasized that public funds should not go towards
religious and private schools. He urged the legislature to
uphold the constitution, not subvert, nullify, bastardize,
amend, or change it.
2:18:36 PM
CYNTHIA GACHUPIN, representing self, testified in opposition to
HJR 28. She said religious school cannot be paid for by private
funds, as provided in the U.S. Constitution, which takes
precedent over the Alaska Constitution. She urged the
legislature to stop leveraging children's education for
political goals and to fix the loophole that is currently
affecting correspondence schools.
2:21:13 PM
MEGHANN LIPSE, representing self, testified during the hearing
on HJR 28. She said that lack of funding would not change her
decision to homeschool, but it would impact her children's
opportunities, as public funding benefits them academically.
2:22:23 PM
DAVID LESLIE, representing self, testified in opposition to HRJ
28. He said providing opportunities to homeschools students
that are not extended to public school students is alarming. He
explained that homeschool kids can join any public school
program, but public school students do not receive an allotment
for extracurricular activities.
2:24:46 PM
JEFFERY MAYFIELD, representing self, testified in opposition to
HJR 28. He said he agrees that the recent ruling by Judge Zeman
is damaging to a wide range of families; however, he urged
legislators to abandon this current effort to alter the
constitution, and instead, find a route forward that allows
correspondence schooling without contributing to religious
institutions either directly or indirectly.
2:26:51 PM
SCOTT CRASS, representing self, testified in opposition to HJR
28. He agreed that homeschools should have support and
certainty, but it should be done in a constitutionally sound
manner, preserving the separation of church and state. He said
there are likely to be unintended consequences to the "voucher
scheme" and emphasized that public funds come with public
oversight.
2:27:42 PM
SUSAN MCKENZIE, Administrator, Kings Christian School AK,
testified in support of HJR 28. She said HJR 28 would allow
choice for parents and put them in the middle of their
children's academic life because they know what's best for their
kids.
2:29:28 PM
MIKE ILLG, representing self, testified in opposition to HJR 28.
He said the resolution is illegal, and urged the legislature not
to waste time, money, and effort in pursuing it. He said he
does not want state dollars going towards religious
indoctrination in any capacity, which is in the First Amendment
of the U.S. Constitution.
2:31:29 PM
MELISSA GORDAOFF, representing self, testified during the
hearing on HJR 28. She recalled an incident in public school
that transpired from bullying and describe the personal
importance of homeschooling. She opined that to cut off this
freedom to taxpaying parents is unfair.
2:34:08 PM
ERIN KELLEY, representing self, testified in support of HRJ 28.
She shared that she and her family pour their money into the
local economy for educational resources to meet her daughter's
unique needs. She said she also depend on an allotment from the
state and respectfully asked that all districts honor this
program, at least for the current school year so as not to
devastate families like hers and others that depend completely
on the allotment program for basic curriculum and books.
2:36:25 PM
KENT WILLIAMS, representing self, testified in opposition to HJR
28. He said he is against the idea of providing public
education funds to private and religious schools given the
separation between church and state. He implored the
legislature to drop HJR 28 unless the body is willing to tax
religious institutions.
2:37:46 PM
DANIELLE SJODEN, representing self, testified in opposition to
HJR 28. She shared her belief that it's possible to support
homeschool options without undermining public education at the
same time. Although her children are not in public school, she
acknowledged the importance of a strong, well-funded, public
school system to society, and said she is opposed to public
funds being used for private and religious institutions. She
asked the legislature to fix the correspondence school loophole.
2:39:19 PM
KASIE KRAGE, representing self, testified in opposition to HJR
28. She emphasized the importance of the financial support
provided through the allotment program and the opportunity it
provides to enhance education beyond the confines of traditional
classrooms. However, because public schools are rightly barred
from teaching content with religious affiliation, she said it's
imperative that private schools refrain from such practices when
public funds are involved. She suggested further clarification
of the constitutional amendment.
2:40:50 PM
BRIAN PIKE, representing self, testified in support of HJR 28.
He said parents whose children attend private or charter school
pay taxes and create public funds. He said when kids are
homeschooled, public schools are not burdened with the cost of
that student. He pointed out that special needs students
benefit greatly from homeschooling.
2:42:37 PM
HOLLY DAVIS, representing self, testified in support of HJR 28.
She shared her personal experience with Family Partnership
Correspondence School. She said homeschooling has allowed her
to provide a well-rounded customized education for her children.
She opined that correspondence schools should have the right to
choose their vendor without discrimination.
2:45:17 PM
NICCOLE VAN PEURSEM, representing self, testified in support of
HJR 28. She said she can provide a better education for her
daughter for less money, adding that she and her husband pay
taxes that go to public schools, of which her daughter is a
student through a correspondence program. She shared her belief
that choice is what's best for all public school students,
including those in correspondence programs.
2:47:19 PM
REBECCA BERNARD, representing self, testified in opposition to
HJR 28. She said this is a separation of church and state
issue, and that any public correspondence school that supports
homeschoolers could continue to offer support to these students
with a simple legislative or regulatory fix, not a
constitutional amendment. She pointed out that correspondence
programs existed before this unconstitutional statute was passed
and suggested that the state could return to that system.
2:49:20 PM
FAELYN SIMPSON, representing self, testified in support of HJR
28. She said homeschool was a lifesaver for her children and
emphasized the importance of the allotment program to her
family. She shared her belief that school choice is important
and parents should have the flexibility and funding to provide
for their children.
2:51:53 PM
SHAD SCHOPPERT, representing self, testified in support of HJR
28. He contrasted two options to permanently resolve the
fallout from the recent superior court ruling: attempt a
statutory fix or modify the Alaska Constitution. He shared his
belief that HJR 28 takes a broad stance to what correspondence
options are and does not unnecessarily limit a child's options.
2:55:21 PM
LUANN MCVEY, representing self, testified in opposition to HJR
28. She said she opposes the use of public funds for private or
religious schools and encouraged the legislature to come up with
a solution that allows these schools to continue without
amending the constitution.
2:57:45 PM
CELESTE NOVAK, representing self, testified in opposition to HJR
28. She said it's time to work on the public education crisis,
not fund religious schools.
2:58:31 PM
NICOLE CONNOLLY, representing self, testified during the hearing
on HJR 28. She said with the support of allotment money, she
had taken her children on educational field trips, provided
swimming lessons and art classes, and purchased school-approved
curriculum to teach state standards. By supporting
correspondence schools and allotments, she said the legislature
would be supporting a truly unique and beautiful learning
experience.
3:01:05 PM
TOM KLAAMEYER, President, National Education Association Alaska
(NEA-Alaska), testified during the hearing on HJR 28. He said
NEA-Alaska believes and supports simple solutions that preserve
constitutional correspondence programs, homeschool options,
public charter schools, and traditional neighborhood schools.
He posited that simple solutions exist without amending the
constitution. The governor and the Department of Education and
Early Development (DEED) could easily issue constitutional
emergency regulations to address this challenge. Likewise, the
legislature could pass a correspondence school law that complies
with the Alaska Constitution. He pointed out that there are
decades of precedent and shared his belief that reconstituting
the pre-2014 correspondence and allotment program would be the
simplest fix.
3:03:30 PM
AMY SIMS, representing self, testified during the hearing on HJR
28. she said correspondence has provided educational,
vocational, and extracurricular opportunities, as well as
support and stability. It has allowed her to choose excellent
curriculums and offer an individualized education for special
needs students. She asked that the legislature continue to
support Alaska home and correspondence schools.
3:05:30 PM
ERIK PALIN, representing self, testified in support of HJR 28.
He said this issue needs to be fixed and the allotment program
maintained to support those families that want to enrich their
children's lives outside the public school system.
3:07:21 PM
MIKE COONS, representing self, testified in support of HJR 28
and provided a historical position on the separation of church
and state. He opined that god is needed back in school and that
parents should have the ability to put kids in the school of
their choice.
3:09:25 PM
CANDICE BROWN, representing self, testified in support of HJR
28. She said she is educating her child far better than the
school system could with a fraction of the funds. She said
passing HJR 28 would be the first step towards creating true
system reform.
3:12:11 PM
NATHALIE HUGHES, representing self, testified in support of HJR
28. She opined that parental rights should be respected
regardless of religious or secular opinion. She urged a "yes"
vote to allow everyone, including those in correspondence
programs, freedom of choice.
3:13:44 PM
SARAH JONES, representing self, testified in support of HJR 28.
She shared her understanding that homeschools programs are
careful not to allow money towards religious studies. If the
allotment was taken away, she said she would never send her son
back to public school.
3:15:00 PM
JOSH BRANSTETTER, representing self, testified in opposition to
28. He said amending the constitution would not fix the
education system and instead, make it completely untenable. He
reiterated his opposition to the resolution and urged the
committee to go back to the drawing board.
3:17:01 PM
ANDY HOLLEMAN, representing self, testified in opposition to HJR
28. He shared his understanding that correspondence programs
have minimal oversight from DEED and urged the legislature to
take steps to correct that. In addition, the legislature needs
help correspondence families finish out the year with guidelines
from DEED to provide assurances and a path forward, he said. He
urged the legislature to defend the constitution.
3:19:39 PM
DR. PAMELA CONRAD, representing self, testified in opposition to
HJR 28. She said it's wrong to allow private or religious
schools to use public funds for curriculum. She urged the
legislature to fix the existing system or issue legal action
against the schools that broke the rules rather than changing
the constitution.
3:20:58 PM
RACHEL LORD, representing self, testified in opposition to HJR
28. She said to think that opening the door to further
straining the public education system by constitutionalizing the
funding of private and religious schools is appalling. She said
she wholeheartedly supports the legislature in creating
constitutional side boards and opportunities for accountability
throughout the education system; however, she strongly opposes
HJR 28 and its proposal to shift public dollars away from public
schools, including homeschool and correspondence programs, and
into private and religious institutions.
CHAIR VANCE said she would leave public testimony open. She
said it's her intent to have a dialogue about case law across
the nation in regard to public education. She disclosed that
she homeschools her children and uses religious material for the
academic portion, which is paid for out of her own family funds.
She said she does not want to take funds from one area and
insert them into another. Instead, she wants to expand
education opportunities for every child in Alaska and shared her
belief that HJR 28 is a way to offer success to families. She
announced that the bill would be held over.
3:25:30 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:25 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 324 - Sponsor Statement.pdf |
HJUD 4/24/2024 1:00:00 PM |
HB 324 |
| HB 324 - v.B.pdf |
HJUD 4/24/2024 1:00:00 PM |
HB 324 |
| HB 324 - Sectional Analysis.pdf |
HJUD 4/24/2024 1:00:00 PM |
HB 324 |
| HB 324 - Supporting Documents-State Map.pdf |
HJUD 4/24/2024 1:00:00 PM |
HB 324 |
| HB 324 - SB 134 Bill Presentation.pdf |
HJUD 4/24/2024 1:00:00 PM |
HB 324 SB 134 |
| HB 324 - DCCED-IO Fiscal Note (03-21-24).pdf |
HJUD 4/24/2024 1:00:00 PM |
HB 324 |
| HJR 28 - v.A.pdf |
HJUD 4/24/2024 1:00:00 PM |
HJR 28 |
| HJR 28 - OG-Elections Fiscal Note (04-18-24).pdf |
HJUD 4/24/2024 1:00:00 PM |
HJR 28 |