Legislature(2001 - 2002)
02/21/2002 09:36 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 11
"An Act relating to the legal age for attending school; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
SENATOR GENE THERRIAULT, sponsor, testified this legislation is in
response to conversations he had with the principal of an
elementary school located in his district. He was told of parents
enrolling their children in school at age six, although the
mandatory school age requirement is age seven. He stated the
problem arises when some of these six-year-old students attend
class inconsistently and the school has no authority to require
attendance. He said this causes a hardship for the teachers, who
invest time and resources attempting to "keep these children up to
speed" with the rest of the class.
Senator Therriault indicated the benefits of early education and
informed this bill lowers the mandatory attendance age from age
seven to age six. He stressed this legislation does not amend the
list of 12 exemptions currently in statute that allow parents to
withhold their children from the public education system. He gave
illness, home schooling, and private schooling as examples of the
exemptions.
Senator Therriault spoke to misconceptions that this bill negates
the exemptions and requires all children in Alaska to enter the
public school system. Rather, he remarked, this legislation,
stipulates that once a child is enrolled in the public school
system, that child must attend. He emphasized the intent is that
parents do not treat the school system as a convenient day care
system, or baby-sitter, for six year olds.
Senator Therriault pointed out the effective date contained in the
bill that was introduced in the first session of the Twenty-Second
Legislature, must be amended to reflect the current year.
Senator Olson asked the affect on those children who attend private
school or who are home schooled.
Senator Therriault replied this legislation only applies to
children in public school and has no impact on private schools or
home school systems. He stated that the parents in these instances
are utilizing their own financial resources rather then public
funds. He reiterated the intent is to minimize the impact on a
public school classroom caused from a student who has missed a
significant amount of school because of the amount of time the
teacher must refocus toward that student.
TIM DORAN, President, Alaska Association of Elementary School
Principals, and Principal, Denali Elementary School, testified via
teleconference from Fairbanks to strongly support the change for
mandatory school attendance to age six. He noted the average seven-
year-old is in second grade and because this is the earliest age of
mandatory attendance, a child could begin school for the first time
two years behind his peers. He spoke to the physical and
developmental levels of seven-year-olds compared to five and six
year olds.
Mr. Doran stressed that starting children in school at age six
would give educators "a real benefit in working with parents
throughout first grade and even kindergarten." He stated that
studies show that exposure to the school environment at an earlier
age has an impact on a student's future education.
Mr. Doran gave examples of his experiences teaching in both rural
and urban schools. He told of the disadvantages some children face
when they do not attend school until a later age. He stressed that
under current law, school districts could not require these
children to attend school.
Mr. Doran also noted the name of the Department of Education was
changed a few years prior to add Early Development. He saw this
bill "as another way for us to really promote good solid early
education for kids; really helps them in the process as we are all
trying to be accountable for the education for students throughout
the community, not just within the school system."
Co-Chair Donley surmised the witness' main concern is that once
children are enrolled in the public school system, they are at the
same level as other students. He expressed that to achieve this
goal, the mandatory attendance age does not have to be lowered. He
suggested requiring that attendance is mandatory for those enrolled
students, regardless of their age.
Mr. Doran agreed Co-Chair Donley's recommendation would address the
issue of student attendance. He remarked that currently the school
district has no authority in enforcing truancy rules for those
students below the age of seven.
Co-Chair Donley stressed the legislature has the ability to "re-
craft the law" to require attendance of those children who are
enrolled, yet still allow parents the flexibility to determine when
their children should begin school.
Mr. Doran agreed this would be beneficial to students who have
enrolled, but would not benefit those children who do not begin
school before the age of seven. He stressed the disadvantage of
children who have no early schooling then enter the school at a
later age then their peers. He clarified the issue is not with
parents who chose to home school their children, but for those
children who receive no education.
Co-Chair Kelly stated there are two issues involved. The first
relates to parents who treat the school system as a day care
center, "which interrupts the education process." The other, he
said, relates to the best age to begin education. He understood the
sponsor is intending to address the first, more practical, issue.
Senator Therriault affirmed and noted this legislation does not
affect the exemptions for delaying schooling. He expressed, "those
12 things pretty much cover anything" and if a parent wants their
child out of school at least one of the exemptions could apply.
Senator Therriault reiterated this legislation addresses those
parents who enroll their child in school but then do not have the
child attend regularly. He stated the language is the "cleanest"
way to address the issue.
Co-Chair Donley referenced the list of exemptions and noted they
are broad. He asked about regulations that interpret the statute.
EDDIE JEANS, School Finance Manager, School Finance and Facilities
Section, Education Support Services, Department of Education and
Early Development, testified there are no regulations that further
interpret the 12 exemptions.
Co-Chair Donley asked which exemption would apply if a parent
"simply didn't feel their child was ready to attend school."
Mr. Jeans listed number 12: the child is educated in the child's
home by the parent or legal guardian. He explained there are no
specific requirements as to what kind of education must be
provided.
Co-Chair Donley asked if there are interpretations of the quality
of education imposed by the Department of Education and Early
Development or local school districts.
Mr. Jeans was unaware of any.
Co-Chair Donley asked if school districts or the Department of
Education and Early Development have authority to impose such
requirements.
Mr. Jeans answered the Department could adopt regulations.
Mr. Jeans suggested consideration of other statutes relating to age
requirements in education, specifically AS 14.03.070 commonly known
as the School Age Law. He detailed the provision identifies
children between the age of six years by August 16 and 20 years,
th
who have not completed the 12 grade. Therefore, he said amending
the compulsory attendance age from seven to six years old, "makes
sense to me." He noted kindergarten is not required in Alaska.
Senator Ward asked how many children started school last year at
the age of seven.
Mr. Jeans answered he did not have this information.
Senator Therriault cited the most recent data available from 1995
showing that of the total population, 98.7 percent of children
between the ages of seven to nine were enrolled in school and that
96 percent of children aged five and six were enrolled in school.
Senator Ward wanted to know how many children begin school at age
seven. He understood the 1995 figures, as well as Mr. Doran's
experience with one student, but stated they do not describe the
problem.
Mr. Jeans noted the Department has records of the number of
students enrolled, but does not monitor the number of seven-year-
olds enrolled for the first time,
Co-Chair Donley shared he had reviewed AS 14.03.070, which is a
definition of "school age". He asked if this definition serves any
function in other statutes.
Mr. Jeans replied the purpose of the definition is for providing
state funds for public schools. He referenced AS 14.03.080 as
stipulating the right to attend school without the payment of
tuition. He noted one provision of the right to attend school,
allows a child to attend kindergarten at the age of five years.
Co-Chair Donley clarified that AS 14.03.070 is utilized for
financial purposes only and does not relate to the policy
established in AS 14.03.010, which sets the mandatory age.
Mr. Jeans affirmed but noted this legislation would align the two
statutes.
Senator Therriault stressed the parent's flexibility of when a
child attends school is not removed. He reiterated the child could
attend kindergarten at age six, or the parent could utilize one of
the 12 exemptions and withhold the child from school until the age
of seven.
Senator Therriault stressed the expenditure of efforts to
accommodate those students who only periodically attend school. He
understood and sympathized with other efforts to enroll all
children in school at an earlier age, but qualified that is not the
purpose of this legislation.
Co-Chair Kelly asked for clarification, noting that if a parent
does not take advantage of one of the 12 exemptions, the child
would be required to be enrolled in school at the age of six.
Senator Therriault emphasized that a parent, who does not want
their child to attend school until the age of seven, could take
advantage of one of the exemptions. He reiterated the 12 exemptions
are "all encompassing."
Co-Chair Kelly agreed with Co-Chair Donley's suggestion to amend
the language to provide that once a child is enrolled, attendance
is mandatory, regardless of age. Co-Chair Kelly commented that
parents, who determine their six-year-old is not ready for school,
must attest to one of the exemptions, essentially "making a liar
out of them." Although he assumed some form of instruction would be
provided by the parent during this time, he questioned whether this
is "in the spirit" of these exemptions. He asked if the sponsor
would oppose such an amendment.
Senator Therriault replied such an amendment would be "workable"
although it would be "less clear" in statutes.
Mr. Jeans cautioned the Committee against such action because
currently there is no kindergarten attendance requirement, and this
legislation would set the precedent of mandatory kindergarten. He
spoke to reimbursable transportation issues involved in full-day
and half-day kindergarten programs.
Co-Chair Kelly acknowledged and suggested language could be drafted
to accommodate these concerns.
Senator Therriault asked if this would require the school district
to track the enrollment date for children who transfer schools
within the district.
Co-Chair Kelly understood this is required already.
Senator Green asserted none of these issues are pertinent because
at any time a parent could remove their children from the public
school system, and educate them how they see fit. She said this
language would further restrict parents because once enrolled, a
student could not be transferred to different education settings.
She told of tutoring children suffering from learning difficulties
and their movement from school to school.
Co-Chair Kelly did not agree.
Co-Chair Donley offered to draft language to address these
concerns, which could be discussed on their merits.
Co-Chair Donley was encouraged the Department of Education and
Early Development does not have regulations in place at this time.
However, he pointed out the Department does have such authority and
was concerned that a future governor could be opposed to home
schooling and could adopt regulations to restrict home schooling,
which he emphasized is very important to many Alaskans.
DEBBIE OSSIANDER, Member and Legislative Chair, Anchorage School
Board, testified via teleconference from an off-net site in support
of the bill. She informed the Board has passed a resolution in
favor of lowering the mandatory age for school attendance, which is
important for the "academic preparation of children". She detailed
state and locally adopted performance standards that establish high
criteria for mathematics, reading and writing for children ages
five through seven. She listed the language and reading
expectations of young children and the difficulties children
without adequate preparation could have in obtaining these skills.
Ms. Ossiander also spoke to the intent of instilling the importance
of regular school attendance at an early age. She said this is
difficult to encourage when attendance is required of some but not
of others.
Ms. Ossiander told of children who entered the school system for
the first time at the age of seven with no other education
experience and the difficulties in placing these children. She
referenced the Bush Administration focus on the importance of early
education.
DARROLL HARGRAVES, Executive Director, Alaska Council of School
Administrators, testified in Juneau that superintendents are on
record in support of this bill. He stressed the need to focus on
what is in the best interest of children. He cautioned, "it we put
too many vagaries in here," the matter could become too complex at
the school level. He supported the mandatory age change from seven
to six years of age, asserting the average six and seven year old
is different today then when this provision was originally enacted
prior to statehood. He explained six-year-olds "from a social and
education standpoint" need to be in school noting that they learn
faster then six-year-olds did a decade before. He stated research
supports this. He qualified that if a child needs to delay starting
school for certain reasons, it would still be allowed.
Co-Chair Donley asked the process for enrolling a child in home
school.
Mr. Hargraves was unsure but noted the process for six-year-olds
would be the same as for seven-year-olds. He understood statute
requires that parents must notify the school district of their
intent to home school their child.
Co-Chair Kelly stated there are concerns within the Committee about
changing the school age. He assigned Senator Leman to draft an
amendment that would satisfy the sponsor's intent to require
attendance of enrolled students without changing the mandatory age
requirement.
Co-Chair Kelly ordered the bill HELD in Committee.
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