03/08/1995 09:07 AM Senate HES

 SHES - 3/8/95                                                                 
                                                                               
           SB  88 PILOT PROGRAM FOR CHARTER SCHOOLS                           
                                                                               
 Number 003                                                                    
                                                                               
 CHAIRMAN GREEN called the Senate Health, Education and Social                 
 Services (HESS) Committee to order at 9:07 a.m. and   noted that at           
 10:00 a.m. there would be a presentation by the Department of                 
 Health & Social Services.  She introduced  SB 88  as the first order          
 of business before the committee.                                             
                                                                               
 SENATOR MILLER moved to adopt the Ford 3/7/95, version F, CS of               
 SB 88 in lieu of the original bill.  Hearing no objections, it was            
 adopted.                                                                      
                                                                               
 SENATOR SHARP, prime sponsor, reviewed the changes which had been             
 incorporated in the CS.                                                       
                                                                               
 SENATOR ELLIS asked if the added language regarding operating                 
 within a public school district meant that all charter schools                
 under SB 88 would be creations within the public school system.               
                                                                               
 SENATOR SHARP clarified that a proposal for a charter school must             
 be approved by the local school board and the commissioner of                 
 education.  The charter school would operate under the guidelines             
 of the school districts.                                                      
                                                                               
 Number 106                                                                    
                                                                               
 SENATOR ELLIS asked if charter schools would be public or semi-               
 private schools.  SENATOR SHARP said that SB 88 intended for                  
 charter schools to be a form of public schools which have a                   
 different focus or goal.  The charter school would be funded by the           
 public and overseen by the local school board.                                
                                                                               
 SENATOR SALO expressed concern with the type of discrimination that           
 may be allowed with the students of a charter school.  Another                
 concern is regarding a teacher giving up their contractual rights             
 in the school district in order to teach at a charter school.                 
 SENATOR SHARP understood that existing contractual rights would be            
 honored for all personnel who transfer to a charter school.                   
                                                                               
 In response to Senator Salo, Senator Sharp did not foresee how                
 discrimination could occur unless those applying happened to be               
 skewed to a certain group.  He stated that SB 88 specifies that any           
 children could apply to a charter school and if there were too many           
 applicants then lots would be drawn.                                          
                                                                               
 SENATOR SALO clarified her concern regarding the possibility that             
 a child could be discriminated against, denied admission, if they             
 were a low academic student.  SENATOR SHARP did not think so.  The            
 school board would have to approve the methods of the charter                 
 school.  He noted the possibility of problems with busing which the           
 school board would also have to address.                                      
                                                                               
 Number 171                                                                    
                                                                               
 SENATOR ELLIS thought that SB 88 would utilize academic                       
 discrimination; a student would have to perform to a certain degree           
 on an aptitude test in order to be accepted into the charter                  
 school.  SENATOR SHARP said that SB 88 does not provide for the               
 super selection of students for charter schools unless the school             
 board or commissioner of education approve such selection                     
 standards.  Senator Sharp did not foresee their approval of such.             
                                                                               
 SENATOR ELLIS clarified that if a local board of education and the            
 commissioner of education approved that a certain score on an                 
 aptitude test would for be allowable for admission requirements               
 then it would be as such.  SENATOR SHARP agreed.                              
                                                                               
 CHAIRMAN GREEN asked if SB 88 was designed after other programs in            
 other states.  SENATOR SHARP said yes, the primary example used for           
 this legislation was the program in Milwaukee, Wisconsin.                     
                                                                               
 Number 231                                                                    
                                                                               
 CLAUDIA DOUGLAS, President of NEA-AK, stated that NEA-AK supports             
 the concept of charter schools, however, there are concerns that              
 charter schools could undermine education by allowing unprepared              
 individuals to start schools.  She pointed out that charter school            
 plans must meet the following conditions:                                     
  (1) no negative effect on the regular school program,                        
  (2) no diversion of current funds from public schools,                       
  (3) voluntary staff and student assignment to charter schools,               
  (4) direct involvement of all effected school employees in the               
          charter schools design, implementation and government,               
  (5) adequate defense in regards to contract and employment                   
          provisions for all employees,                                        
  (6) appropriate procedures for assessment and evaluation at                  
          predetermined periods within the term of the charter,                
  (7) licensed professional staff,                                             
  (8) health and safety standards for all students and                         
          employees,                                                           
  (9) non discrimination and equal educational opportunities,                  
     (10) adequate defenses ensuring physical accountability,                  
     (11) adequate and equitable funding, including start up money,            
     (12) equitable procedures regarding student admission and                 
          retention, and                                                       
     (13) appropriate safeguards against racial and ethnic                     
          segregation.                                                         
                                                                               
 Ms. Douglas felt that SB 88 does address many of the concerns of              
 NEA-AK.  She suggested adding the language, "may not discriminate             
 as based on AS 14.18 which relates to the basis of intelligence,              
 achievement, aptitude or athletic ability."  Every child should               
 become a part of the classroom, the concept of inclusion.  She did            
 not believe that SB 88 addressed the exclusion of students who may            
 be disabled.  Section 5 poses another concern because with regard             
 to transfers, evaluations, and negotiated agreements only teachers            
 are addressed not all the other school employees.                             
                                                                               
 CHAIRMAN GREEN pointed out that subsection (b) of the CS may                  
 address that concern.  CLAUDIA DOUGLAS suggested that the title of            
 Section 5 seems misleading and perhaps, the word employee should be           
 used instead of teacher.  Ms. Douglas noted the need for start up             
 money for charter schools.                                                    
                                                                               
 Number 311                                                                    
                                                                               
 SENATOR MILLER noted that the recommendation by NEA-AK to change              
 "faculty" to "teacher" on line 2, page 2 was encompassed in the CS.           
 He felt that administrators should also be a part of the academic             
 policy committee; the CS does not allow any freedom to add                    
 principals or administrators to this committee.                               
                                                                               
 CLAUDIA DOUGLAS clarified that the recommendation from NEA-AK was             
 to replace "faculty" with "school employees" due to the lack of a             
 definition for "faculty."  She agreed that administrators should              
 also be on the academic policy committee.  There would be no                  
 problem with adding language which would include administrators.              
                                                                               
 SENATOR MILLER moved that on page 2, line 2, after the word                   
 "teachers" the words ", school employees" be inserted.  Without               
 objection, the amendment, Amendment 1, was adopted.                           
                                                                               
 SENATOR LEMAN suggested that the parents be listed first and then             
 the previous amendment.                                                       
                                                                               
 SENATOR MILLER moved that CS SB 88(HES) as amended be moved out of            
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.