02/28/2002 09:08 AM Senate FIN

                                                                                                                                
     SENATE BILL NO. 11                                                                                                         
     "An Act relating to the legal age for attending school; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
AT EASE 9:09 AM / 9:10 AM                                                                                                       
                                                                                                                                
Amendment #2:  This amendment deletes  "the legal age for  attending                                                            
school" and  inserts "required  school attendance"  to the  title of                                                            
the bill to  read, "An Act relating  to required school attendance;                                                             
and providing for and effective date."                                                                                          
                                                                                                                                
This amendment  also deletes the language  in Section 1 and  inserts                                                            
language to read as follows.                                                                                                    
                                                                                                                                
     Section 1. AS 14.30.010 is amended by adding a new subsection                                                              
     to read:                                                                                                                   
                (c) If a parent, legal guardian, or other person                                                                
          having  the responsibility  for  or control  of the  child                                                            
          elects  to enroll a child who is six years of age in first                                                            
          grade  at a public school, after enrollment,  the child is                                                            
          subject to the provisions of (a) and (b) of this section.                                                             
                                                                                                                                
This amendment  also changes the effective date of  this legislation                                                            
from July 1, 2001 to July 1, 2002.                                                                                              
                                                                                                                                
Senator Leman moved for adoption.                                                                                               
                                                                                                                                
Senator Austerman objected for explanation.                                                                                     
                                                                                                                                
Senator  Leman reminded  the Committee  of the  sponsor's intent  to                                                            
address the matter of parents  enrolling their six-year-old children                                                            
in  school then  having  the children  attend  school sporadically.                                                             
Senator Leman noted this  practice requires educators to concentrate                                                            
effort on bringing these  students to the same level as the students                                                            
who attend regularly. He  opined the proposal to lower the mandatory                                                            
attendance age from age  seven to age six would be "a bit of a reach                                                            
and went  too far".  Therefore,  he proposed  this amendment,  which                                                            
requires those  students under the  age of seven, who are  enrolled,                                                            
to attend  school  and allows  law  enforcement to  enforce  truancy                                                            
rules.                                                                                                                          
                                                                                                                                
Senator  Leman  informed that  the  sponsor  and the  Department  of                                                            
Education and Early Development  have no objection to the amendment.                                                            
                                                                                                                                
WILDA RODMAN,  staff to Senator Therriault, testified  to affirm the                                                            
sponsor does not object to adoption of the amendment.                                                                           
                                                                                                                                
Senator Green questioned  the phase "after enrollment" as it appears                                                            
in the amendment.                                                                                                               
                                                                                                                                
Senator Leman  explained this provision  would not apply  unless the                                                            
parent or legal guardian  enrolls the child. He stated this language                                                            
is recommended by the drafter.                                                                                                  
                                                                                                                                
Co-Chair  Kelly asked  if  Senator Green  thought  this changes  the                                                            
intent of the bill.                                                                                                             
                                                                                                                                
Senator Green did not, but found it confusing.                                                                                  
                                                                                                                                
Co-Chair  Donley opined that  given the "on-going  problems  and the                                                            
threats  of this Administration  against  home schooling,"  specific                                                            
language that  could not be interpreted  differently, is  preferred.                                                            
He relayed  concerns  raised at a  recent meeting  of the  Anchorage                                                            
caucus about the Administration's  actions regarding home schooling.                                                            
                                                                                                                                
Senator  Hoffman   suggested  the   same  arguments  for   mandatory                                                            
attendance  should  apply  to  kindergarten  students  as  well.  He                                                            
suggested lowering  the mandatory  attendance age to five  years for                                                            
those children enrolled in school.                                                                                              
                                                                                                                                
Co-Chair  Kelly understood  the sponsor's intent  is to address  the                                                            
specific  problems of certain  schools: the  sporadic attendance  of                                                            
some   six-year-old   students.  He   surmised   the  inclusion   of                                                            
kindergarten would go "beyond the scope".                                                                                       
                                                                                                                                
Ms. Rodman affirmed.                                                                                                            
                                                                                                                                
Senator Hoffman  spoke to  the larger problem  of children  skipping                                                            
school  in that there  is insufficient  authority  and resources  to                                                            
enforce attendance rules.                                                                                                       
                                                                                                                                
Co-Chair  Kelly, for  Senator Austerman's  benefit,  summarized  the                                                            
discussions  of the first  hearing,  as he was  not present  at that                                                            
meeting.                                                                                                                        
                                                                                                                                
A roll call was taken on the motion to adopt Amendment #1.                                                                      
                                                                                                                                
IN FAVOR: Senator  Austerman, Senator Green, Senator  Leman, Senator                                                            
Olson, Senator  Ward, Senator Wilken,  Co-Chair Donley and  Co-Chair                                                            
Kelly                                                                                                                           
                                                                                                                                
OPPOSED: Senator Hoffman                                                                                                        
                                                                                                                                
The motion PASSED (8-1)                                                                                                         
                                                                                                                                
The amendment was ADOPTED.                                                                                                      
                                                                                                                                
Co-Chair  Donley offered a  motion to "move  the new Senate  Finance                                                            
committee  substitute for  Senate Bill  11 from  Committee with  the                                                            
accompanying zero fiscal note."                                                                                                 
                                                                                                                                
There was  no objection and  SB 11 (FIN)  MOVED from Committee  with                                                            
accompanying  indeterminate  fiscal note #1  from the Department  of                                                            
Education and Early Development.                                                                                                
                                                                                                                                
AT EASE 9:21 AM / 9:22 AM