05/10/1998 04:50 PM Senate FIN

HOUSE BILL NO. 367                                                           
                                                                               
     "An Act relating to part-time public school students;                     
     and providing for an effective date."                                     
                                                                               
Senator Pearce MOVED to ADOPT Amendment 1.                                     
                                                                               
Senator Adams OBJECTED.                                                        
                                                                               
REPRESENTATIVE FRED  DYSON, SPONSOR,  spoke to  Amendment 1.                   
He stated that he preferred  a second amendment, which would                   
put  the  same  thing  in  intent  language  instead  of  in                   
statute. He stressed that the  intention was that the school                   
districts not discriminate against  students on the basis of                   
academic  classes.  The  intent  was  to  have  the  law  be                   
absolutely  silent in  terms of  interscholastic sports  and                   
activities.  He suspected  that the  second amendment  would                   
clearly speak to academics only.                                               
                                                                               
Co-chair Sharp noted concerns that  had been communicated to                   
him  that the  item not  result in  recruitment of  athletes                   
between different teams or schools.                                            
                                                                               
Senator  Pearce   referred  to  a  communication   from  the                   
Anchorage School  District. She questioned changes  that had                   
been made in the language.                                                     
                                                                               
Representative Dyson  replied that  the language was  put in                   
by the  House to  address concerns  that people  would think                   
the item  would allow part-time  students to have  access to                   
all school activities. He believed  the bill was clear about                   
the issue.  The language  was then taken  out in  the Senate                   
Health, Education  and Social  Services Committee  (HESS) to                   
allay other concerns.                                                          
                                                                               
SENATOR GARY WILKEN spoke to  Amendment 1. He explained that                   
the language in the amendment had  been in the bill and then                   
removed by the  Senate HESS Committee. He  reported that his                   
district was supportive  of the bill with  the amendment and                   
against it without the amendment.  He requested the sentence                   
stipulating that extracurricular  activities not be included                   
be put  back in the  bill. He  believed that there  would be                   
serious  consequences  in  schools   without  the  item.  He                   
encouraged full  public debate on  the issue and  noted that                   
the school  districts of  Valdez, Anchorage,  Fairbanks, and                   
Kenai were against the bill without the amendment.                             
                                                                               
Senator  Phillips referred  to Amendment  3 (expected  to be                   
offered  by  Senator Donley),  which  he  believed would  do                   
essentially the same thing.                                                    
                                                                               
Senator  Wilken  responded  that  he did  not  think  intent                   
language was sufficient.                                                       
                                                                               
Senator Adams MAINTAINED his OBJECTION.                                        
                                                                               
A roll call was taken on the motion.                                           
                                                                               
IN FAVOR: Phillips, Torgerson, Sharp, Pearce                                   
                                                                               
OPPOSED: Parnell, Adams                                                        
                                                                               
Senator Donley was absent from the vote.                                       
                                                                               
The motion PASSED (4/2). Amendment 1 was adopted.                              
                                                                               
Senator  Sharp pointed  out  that Amendments  2  and 3  were                   
moot.                                                                          
                                                                               
Senator Torgerson MOVED to ADOPT Amendment 4.                                  
                                                                               
Senator Adams OBJECTED.                                                        
                                                                               
Senator  Torgerson  stated  that  his  school  district  was                   
against  the  legislation and  did  not  feel the  amendment                   
would help.  However, he supported  the sponsor,  who wanted                   
the  legislation  with the  amendment,  which  related to  a                   
rural exemption.                                                               
                                                                               
Representative  Dyson   stated  that  HB  367   was  against                   
discrimination.  He  referred to  a  letter  from the  Kenai                   
School District  that he felt  exactly explained  the issue.                   
He pointed to sentence three:                                                  
                                                                               
     I find  it hard  to believe that  we should  give equal                   
     access  to our  school programs  for students  who only                   
     want  to  select  one  or two  classes  at  a  time…Our                   
     constitution   says  that   we   must  provide   public                   
     education to all  students. It is this  attitude that I                   
     believe  contravenes our  constitution and  indeed will                   
     elicit lawsuits. The law that  we passed unanimously in                   
     both houses  last year said part-time  students must be                   
     treated the same as full-time.  Denying access to a kid                   
     just because  he is part time  clearly contravenes last                   
     year's law, and I find it reprehensible.                                  
                                                                               
Co-chair Sharp  noted that a  district might assume  that it                   
would    get    one   full-time-equivalent    student    for                   
correspondence students, which may not  be the case in a few                   
days. He thought districts might get a lot less.                               
                                                                               
Senator Adams MAINTAINED his OBJECTION.                                        
                                                                               
A roll call was taken on the motion.                                           
                                                                               
IN FAVOR: Torgerson, Pearce, Sharp                                             
                                                                               
OPPOSED: Phillips, Donley, Parnell, Adams                                      
                                                                               
The motion FAILED (4/3). Amendment 4 was not adopted.                          
                                                                               
Senator Phillips  MOVED to REPORT  SCS CSHB 367(FIN)  out of                   
committee with  individual recommendations  and accompanying                   
fiscal note. There being no objection, it was so ordered.                      
                                                                               
SCSHB  367(FIN)  was  REPORTED  out  of  committee  with  no                   
recommendation  and  an  indeterminate fiscal  note  by  the                   
Department of Education.