03/07/1995 03:10 PM House HES

 TAPE 95-16, SIDE A                                                            
 Number 000                                                                    
                                                                               
 HHES - 03/07/95                                                               
 HJR 17 - CONTROL & FUNDING OF PUB & PVT SCHOOLS                           
                                                                               
 REPRESENTATIVE VEZEY, sponsor of the resolution, said the                     
 resolution was very simple.  It deletes the last two sentences of             
 Article 7, Section 1, of the Alaska Constitution.  The effect would           
 be to delete the restrictions on public funding to private schools            
 or to sectarian control schools.  This would expand the scope of              
 options and authority available to the legislature in terms of                
 providing educational services to the students of Alaska.                     
                                                                               
 CO-CHAIR BUNDE asked for public testimony of HJR 17.                          
                                                                               
 MS. DOUGLAS said that NEA Alaska is opposed to this deletion from             
 Section 1 of the State of Alaska Constitution.  She needs to have             
 more information as to why this section is being deleted at this              
 time.  At a time when diminishing funds and revenue loss is a                 
 constant concern, this resolution seems like an opportunity to open           
 up public money for use by private schools and private situations.            
 However, right now money is not available to fund public schools.             
                                                                               
 MS. DOUGLAS said this resolution opens up a whole area that the               
 State of Alaska, as well as the United States Constitution has                
 tried to stay away from.  This area is giving people the                      
 opportunity to send their children to a private school to teach               
 their own belief system while using public dollars.  Ms. Douglas              
 does not believe that public dollars should be used for these                 
 programs.  Therefore, at this time NEA Alaska opposes HJR 17.                 
                                                                               
 Number 209                                                                    
                                                                               
 CO-CHAIR BUNDE asked if there was any other testimony on HJR 17.              
 There being none, public testimony was closed.  Co-Chair Bunde                
 assured Ms. Douglas that he also has some concerns about the                  
 separation of church and state regarding this funding.                        
                                                                               
 REPRESENTATIVE DAVIS said the Kenai Peninsula Borough was involved            
 in the denial of a request to extend a school bus route.                      
 Representative Davis tried to recall the situation.  He remembered            
 that a district was asked to provide transportation to students of            
 a private school.  That, in itself, was not a problem since the               
 children were located along the school bus route.                             
                                                                               
 REPRESENTATIVE DAVIS said that in discussions with the school                 
 district, there were several other ramifications that came up                 
 should that busing be allowed.  Representative Davis is concerned             
 about those ramifications, and he apologized for not having read              
 the sponsor statement and preparing a detailed statement.  He does            
 know that some rather complex and expensive complications were                
 anticipated should the busing be allowed.  Representative Davis did           
 know that there was a cost factor involved in such decisions.                 
                                                                               
 Number 338                                                                    
                                                                               
 CO-CHAIR BUNDE understands that current state law allows private              
 school students to be picked up and transported on public school              
 buses as long as the bus does not go out of its way.  The students            
 must be dropped off en route to the ultimate destination of the               
 bus.                                                                          
                                                                               
 CO-CHAIR BUNDE surmised that the reason the resolution was created            
 was the Fairbanks school district was running an entire separate              
 bus route to pick up private school students.  That was disallowed            
 by the courts.                                                                
                                                                               
 DUANE GUILEY, Director of School Finance, DOE, said the routes were           
 upheld by the Fairbanks court.  That is the primary issue here.               
                                                                               
 CO-CHAIR BUNDE said therefore, Fairbanks can run a separate route             
 for anther $500,000.  He asked why the resolution was introduced if           
 this was the case.                                                            
                                                                               
 Number 440                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked Representative Vezey if the Fairbanks           
 judge upheld the right for the district to bus private school                 
 students, was anyone presently appealing the case and could the               
 case reach the Alaska State Supreme Court for resolution without              
 HJR 17.                                                                       
                                                                               
 REPRESENTATIVE VEZEY said in 1993 or 1994, the attorney general               
 made an Attorney General's Opinion that the state could not pay for           
 the busing of students to private schools.  There is, on record, a            
 supreme court decision substantiating the Attorney General's                  
 Opinion.  The district court in Fairbanks ruled in favor of Monroe            
 High School in Monroe High School v. the State of Alaska.  The              
 state decided not to appeal.  Therefore, the appropriations are               
 still allowed.  There is no question, however, that the supreme               
 court decision on the books does not allow this sort of expenditure           
 of public funds.                                                              
                                                                               
 Number 524                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked if it would be better to simply leave           
 the Fairbanks situation alone and isolated in Fairbanks.                      
                                                                               
 CO-CHAIR BUNDE said that would be a policy call that can be                   
 discussed later.  Co-Chair Bunde said this is a very basic question           
 concerning church, state and public funds.  The Chair would rather            
 have Representative Rokeberg and Vezey sort out this issue among              
 themselves.                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked if there were not some other                    
 discussions in the course of the last 12 months in the state about            
 the ability of students attending religiously affiliated schools to           
 attend public schools for certain science classes, etc.  He asked             
 if HJR 17 would also have an impact on that issue.  He also asked             
 Representative Vezey if HJR 17 would allow the legislature to fund            
 fully religious schools if it was the pleasure of the legislature             
 to do so.                                                                     
                                                                               
 Number 618                                                                    
                                                                               
 REPRESENTATIVE VEZEY said HJR 17 does not mandate anything.  It               
 takes away a constitutional prohibition.  With that prohibition               
 gone, responsibility is given to the legislature and the Governor             
 concerning how state funds are spent on education.                            
                                                                               
 CO-CHAIR BUNDE was sure the $500,000 for transporting private                 
 school students in Fairbanks could be found in the capital budget             
 Fairbanks is currently requesting for a new high school.                      
                                                                               
 Number 676                                                                    
                                                                               
 CO-CHAIR BUNDE has some very serious questions about the                      
 constitutionality of HJR 17.  He announced that it was the will of            
 the Chair that the committee vote on the bill.  He asked for the              
 will of the committee.                                                        
                                                                               
 REPRESENTATIVE VEZEY motioned that HJR 17 be moved from the HESS              
 Committee with individual recommendations and attached fiscal note.           
                                                                               
 CO-CHAIR BUNDE objected, and a roll call vote was taken.  Voting              
 "yes" on the passage were Representatives Vezey and Rokeberg.                 
 Voting "no" were Representatives Davis, Robinson, Toohey and Bunde.           
 HJR 17 failed to pass the House HESS Committee.