03/18/1998 01:45 PM House FIN

HOUSE BILL NO. 367                                                             
                                                                               
"An Act relating to part-time public school students;                          
and providing for an effective date."                                          
                                                                               
FRED DYSON, SPONSOR testified in support of HB 367.  He                        
observed that HB 158 was passed during the 1997 legislative                    
session.  House Bill 158 provided that school districts                        
could not discriminate against part-time students.  He                         
observed that the Anchorage School District has not complied                   
with the intent of the legislation.  The Anchorage School                      
District has used a regulation stating that requests by                        
part-time students would be filled after requests by full-                     
time students have been satisfied.  He maintained that HB
 and the Alaska State Constitution provide that part-time                   
students be treated equally.  He clarified that preferences                    
could be given to students who needed a class to graduate,                     
but that both part-time and full-time students must be                         
treated the same.  He observed that the State Board of                         
Education would meet during the next week.  He expressed the                   
hope that the Board would modify 4AAC 45.035(b) to bring the                   
regulations into compliance with HB 158.                                       
                                                                               
Representative Dyson referred to a letter by Patrick Hickey,                   
Assistant Superintendent, Kenai Peninsula Borough School                       
District, dated 2/6/98.  He noted that Mr. Hickey inferred                     
that part-time students should be treated in the same manner                   
as tourist or out-of-state hunters that have to pay an extra                   
fee.  He pointed out that the parents of part-time students                    
pay taxes.                                                                     
                                                                               
Representative Dyson observed that the Department of                           
Education's fiscal note is indeterminate.  He acknowledged                     
that it would be impossible to determine how many students                     
would take advantage of the legislation, but did not thin                      
that the number would be great.  He observed that 96 of the                    
42,000 students in Anchorage attend part-time.                                 
                                                                               
Co-Chair Therriault disagreed with Mr. Hickey's assessment                     
that the legislation would create a preference for part-time                   
students.  He observed that a policy allowing graduating                       
seniors preference would be within the scope of the                            
legislation, as long as part-time and full-time students                       
were treated equally.                                                          
                                                                               
Representative Dyson acknowledged concerns that part-time                      
students not be enrolled in multiple districts.                                
                                                                               
Representative Davies observed that students can attend any                    
school in a district.  If the school is outside of their                       
attendance area then they are admitted on a first come                         
basis.  He maintained that part-time students should not                       
have priority over full-time students.  He observed that the                   
Valdez superintendent did not anticipate a large impact as a                   
result of the legislation.  The Valdez superintendent                          
observed that 10 percent of the full-time students dropped                     
classes to become part-time students as a result of HB 158.                    
Representative Davies expressed concern with this unintended                   
affect.                                                                        
                                                                               
Representative Dyson stated that part-time students should                     
be treated the same as full-time students in regards to                        
attendance in schools outside of their attendance areas.  He                   
observed that some part-time students are taking college                       
classes or working while they finish their high school                         
requirements.                                                                  
                                                                               
Representative Davies asked if the legislation would apply                     
to elementary students.  He observed that it could be                          
disruptive to elementary classes to have children come and                     
go through the day.  Representative Dyson noted that special                   
needs children have benefited by a gradual exposure to the                     
public school environmental.                                                   
                                                                               
LISA TORKELSON, STAFF, REPRESENTATIVE DYSON recounted a case                   
where a child was having difficulty reading.  The child                        
benefited from a combination of home schooling and public                      
school attendance.  She observed that the number of                            
elementary students attending on a part-time basis is                          
minimal.                                                                       
                                                                               
Representative Foster MOVED to report HB 367 out of                            
Committee with the accompanying fiscal note.  There being NO                   
OBJECTION, it was so ordered.                                                  
                                                                               
HB 367 was REPORTED out of Committee with a "do pass"                          
recommendation and with and a fiscal impact note by the                        
Department of Education, dated 3/11/98.