Legislature(2021 - 2022)DAVIS 106

03/04/2022 08:00 AM House EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 350 SCHOOL BOND DEBT REIMBURSEMENT TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+= HB 108 CONCURRENT SECONDARY & TRADE SCHOOL TELECONFERENCED
Heard & Held
+= HB 48 AK PERFORMANCE SCHOLARSHIP; ELIGIBILITY TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                                
           HB 108-CONCURRENT SECONDARY & TRADE SCHOOL                                                                       
                                                                                                                                
9:16:58 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY announced  that the final order  of business would                                                               
be HOUSE BILL NO. 108,  "An Act relating to concurrent vocational                                                               
education,  training, and  on-the-job  trade experience  programs                                                               
for students  enrolled in public  secondary schools;  relating to                                                               
child labor; and providing for an effective date."                                                                              
                                                                                                                                
9:17:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GILLHAM moved  to adopt  Amendment 1  to HB  108,                                                               
labeled 32-LS0345\G.2, Marx, 2/8/22, which read as follows:                                                                     
                                                                                                                                
     Page 5, line 30, following "(18)":                                                                                     
         Insert "collaborate with school districts to"                                                                      
                                                                                                                                
     Page 6, line 9:                                                                                                            
          Delete "The department"                                                                                               
          Insert "A school district"                                                                                            
                                                                                                                                
     Page 6, line 14:                                                                                                           
          Delete "The department"                                                                                               
          Insert "A school district"                                                                                            
                                                                                                                                
     Page 7, line 2, following "department":                                                                                    
          Insert "or the school district"                                                                                       
                                                                                                                                
     Page 7, line 3, following "department":                                                                                    
          Insert "or school district"                                                                                           
                                                                                                                                
     Page 7, line 7:                                                                                                            
          Delete "department"                                                                                                   
          Insert "school district"                                                                                              
                                                                                                                                
     Page 7, lines 8 - 9:                                                                                                       
          Delete "The department shall annually compile,                                                                        
        provide to school districts, and publish on the                                                                         
     department's"                                                                                                              
          Insert "A school district shall annually compile                                                                      
     and publish on the school district's"                                                                                      
                                                                                                                                
     Page 7, line 11:                                                                                                           
          Delete "department"                                                                                                   
          Insert "school district"                                                                                              
                                                                                                                                
     Page 7, lines 12 - 14:                                                                                                     
          Delete all material and insert:                                                                                       
          "(b)  For each listed program, the school                                                                             
       district shall identify any geographic attendance                                                                        
     restrictions and program availability."                                                                                    
                                                                                                                                
     Page 7, line 15:                                                                                                           
          Delete "The department"                                                                                               
          Insert "A school district"                                                                                            
                                                                                                                                
     Page 7, line 20:                                                                                                           
          Delete "department"                                                                                                   
          Insert "school district"                                                                                              
                                                                                                                                
     Page 8, following line 24:                                                                                                 
     Insert a new section to read:                                                                                              
          "Sec. 14.35.130. Definition. In AS 14.35.100 -                                                                      
       14.35.130, "school district" or "district" means a                                                                       
     borough school district, a city school district, or a                                                                      
     regional educational attendance area."                                                                                     
                                                                                                                                
REPRESENTATIVE HOPKINS objected for the purposed of discussion.                                                                 
                                                                                                                                
9:18:00 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from  9:18 a.m. to 9:21 a.m.                                                                      
                                                                                                                                
9:21:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GILLHAM  asked  to  hear from  the  bill  sponsor                                                               
regarding the changes proposed under Amendment 1.                                                                               
                                                                                                                                
9:21:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KEN  MCCARTY, Alaska  State Legislature,  as prime                                                               
sponsor, announced  that Amendment 1  changes the language  in HB
108 to allow school districts  an active role in decision making,                                                               
contracting,  and connecting  with  instructors  [for career  and                                                               
technical  education (CTE),  training, and  on-the-job programs].                                                               
He stated that  the amendment moves the  responsibility from DEED                                                               
to the school districts.                                                                                                        
                                                                                                                                
9:22:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY,  in  response  to  Co-Chairs  Story  and                                                               
Drummond,  confirmed  that  Amendment   1  would  allow  DEED  to                                                               
collaborate with  the school  districts to  provide opportunities                                                               
[for CTE programs].  He continued  to elaborate on the changes in                                                               
the bill,  stating that the  districts have asked to  be involved                                                               
because they know  the resources in the region  better than DEED.                                                               
He  stated  that  if  school   districts  made  their  own  [CTE]                                                               
contracts, the process would be less expensive.                                                                                 
                                                                                                                                
9:25:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  questioned  whether  shifting  responsibility                                                               
from  DEED to  the  school districts  "in  every instance"  would                                                               
reduce  the fiscal  note.   She  stated that  there  is around  a                                                               
$400,000 fiscal note  in the first year and  $600,000 to $900,000                                                               
in the "out years" from DEED.                                                                                                   
                                                                                                                                
REPRESENTATIVE MCCARTY  offered his  understanding that  from the                                                               
discussion last year there may be  a zero fiscal note.  He stated                                                               
that  DEED  will  wait  for  that  committee's  decision  on  the                                                               
amendment  before  making the  fiscal  note,  as it  may  contain                                                               
regulation changes.   He stated  he believes the new  fiscal note                                                               
would be  far less than what  is reflected in the  current fiscal                                                               
note.                                                                                                                           
                                                                                                                                
9:27:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCARTY,  in   response  to   a  question   from                                                               
Representative  Hopkins,  stated  that  he  believes  all  school                                                               
districts would  like to  be part  of the  contracting decisions.                                                               
In  response  to   a  follow-up  question,  he   stated  that  he                                                               
communicated  with the  districts  via  Internet, telephone,  and                                                               
people  coming  into  the  office.   He  stated  he  felt  school                                                               
districts were  apprehensive about HB  108, and Amendment  1 will                                                               
gather  more support  for the  bill [by  giving school  districts                                                               
more involvement establishing CTE programs].                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  referenced the  section of  the amendment                                                               
on page 7,  lines 8 and 9, that switches  the program publication                                                               
requirement from  DEED to  the school  districts.   He questioned                                                               
whether  DEED should  be an  intermediary for  program ideas,  or                                                               
each school district should develop its own programs.                                                                           
                                                                                                                                
REPRESENTATIVE MCCARTY  stated that some school  districts became                                                               
concerned  by  a possible  [DEED]  requirement  for districts  to                                                               
provide  [multiply standardized  CTE]  programs.   The  amendment                                                               
enables  school districts  to offer  specific  programs to  their                                                               
region.  In  response to a follow-up question,  he stated program                                                               
publication within districts enables  local students and families                                                               
to be  a part of  regional programs.   He added this  will enable                                                               
schools to have "bragging rights" on the new careers of alumni.                                                                 
                                                                                                                                
9:31:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  withdrew his  objection.  There  being no                                                               
further objection, Amendment 1 to HB 108 was adopted.                                                                           
                                                                                                                                
9:31:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GILLHAM moved  to adopt  Amendment 2  to HB  108,                                                               
labeled 32-LS0345\G.3, Marx, 2/8/22, which read as follows:                                                                     
                                                                                                                                
     Page 6, line 8:                                                                                                            
          Delete "from nonsectarian agencies"                                                                                   
                                                                                                                                
     Page 6, line 14:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
9:31:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS objected for the purpose of discussion.                                                                  
                                                                                                                                
9:32:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCARTY    stated,   per   the    Alaska   State                                                               
Constitution,  DEED cannot  give  funds directly  to a  sectarian                                                               
school  or organization.    He explained  that  in some  villages                                                               
there may  be a sectarian  school or organization  offering [CTE]                                                               
programs.   If the  public school  would like  to offer  that CTE                                                               
program, the  district could contract with  that sectarian school                                                               
or organization.  He stated  that this would not entail sectarian                                                               
belief in the classroom.                                                                                                        
                                                                                                                                
9:32:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS inquired  whether Representative  McCarty                                                               
had  obtained  legal  analysis from  Legislative  Legal  Services                                                               
about credit being earned from a sectarian institution.                                                                         
                                                                                                                                
REPRESENTATIVE MCCARTY  stated that the school  credit comes from                                                               
the public school that has  contracted with a sectarian school or                                                               
organization with  onsite training.   He  stated that  he learned                                                               
from Legislative  Legal Services many examples  of indirect funds                                                               
that follow students to the  different schools, as a student with                                                               
a  state scholarship  for post-secondary  education may  attend a                                                               
sectarian  university.   He explained  that the  sectarian school                                                               
would not  receive money  directly.  In  response to  a follow-up                                                               
question, he  stated that  school districts  can contract  with a                                                               
sectarian school  or organization  for CTE  if the  instructor at                                                               
that entity has a Type M Certificate.                                                                                           
                                                                                                                                
REPRESENTATIVE  HOPKINS expressed  his  confusion and  speculated                                                               
whether DEED would  supply a Type M Certificate  to an individual                                                               
who  is not  a school  district employee  but a  sectarian school                                                               
employee.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  MCCARTY  stated  his understanding  is  to  allow                                                               
school  districts latitude  to contract  and  offer CTE  programs                                                               
with  all entities  in  their  region.   He  continued that  this                                                               
requires instructors  to have a  Type M Certificate  before being                                                               
contracted, per the language of the bill.                                                                                       
                                                                                                                                
REPRESENTATIVE  HOPKINS established  that the  language initially                                                               
in  the  bill  specified  nonsectarian   agencies,  but  now  the                                                               
amendment  takes  out  the  language.    He  then  questioned  if                                                               
Legislative  Legal  Services initially  put  in  the language  or                                                               
whether it was the request of the sponsor.                                                                                      
                                                                                                                                
REPRESENTATIVE MCCARTY  responded that during the  original draft                                                               
of  the bill  Legislative  Legal Services  referenced the  Alaska                                                               
State  Constitution   in  its   recommendation  to   include  the                                                               
language.    He  stated  that  school  districts  requested  more                                                               
latitude [establishing CTE programs], and  they asked to have the                                                               
language removed.                                                                                                               
                                                                                                                                
9:37:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  maintained his  objection to  Amendment 2                                                               
to  HB  108,  explaining  that   if  Legislative  Legal  Services                                                               
included  language due  to constitutional  concerns, he  believes                                                               
the  language  should remain  in  the  bill.    He stated  he  is                                                               
apprehensive to "open doors" that  would impact the constitution.                                                               
He stated he strongly supports  the concept of the legislation to                                                               
avail avenues  for apprenticeships  and on-the-job  training, but                                                               
due to constitutional concerns he maintains his objection.                                                                      
                                                                                                                                
9:38:31 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  expressed  confusion regarding  Amendment  2,                                                               
remarking  that a  nonsectarian  organization  is not  associated                                                               
with a  religion or a  church, so a  college, a trade  school, or                                                               
another nonunion association  may or may not offer  classes.  She                                                               
stated she  would like to divide  the question.  She  argued that                                                               
the first  part of  the amendment  does not  make sense  with the                                                               
second part.   She stated she does not understand  the removal of                                                               
"nonsectarian  agencies" on  line 8  or the  removal of  line 14.                                                               
She stated her objection to Amendment 2.                                                                                        
                                                                                                                                
9:39:56 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:40 a.m. to 9:41 a.m.                                                                       
                                                                                                                                
9:41:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GILLHAM  withdrew his motion to  adopt Amendment 2                                                               
to HB 108.                                                                                                                      
                                                                                                                                
9:41:47 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:41 a.m. to 9:43 a.m.                                                                       
                                                                                                                                
9:43:07 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY announced that HB 108 was held over.                                                                             

Document Name Date/Time Subjects
HB 108 support 030222.pdf HEDC 3/4/2022 8:00:00 AM
HB 108
HB 48 support 030222.pdf HEDC 3/4/2022 8:00:00 AM
HB 350 Bill Packet.pdf HEDC 3/4/2022 8:00:00 AM
HB 350
HB 350 ASD Bond Debt vs Facility Backlog.pdf HEDC 3/4/2022 8:00:00 AM
HB 350
HB 350 FN Debt Service.pdf HEDC 3/4/2022 8:00:00 AM
HB 350
HB 108 Amendment 1 HEDU.pdf HEDC 3/4/2022 8:00:00 AM
HB 108
HB 108 Amendment 2 HEDU.pdf HEDC 3/4/2022 8:00:00 AM
HB 108
HB 350 Supporting Docs.pdf HEDC 3/4/2022 8:00:00 AM
HB 350
HB 350 Sectional.pdf HEDC 3/4/2022 8:00:00 AM
HB 350
HB 350 Sponsor Statement.pdf HEDC 3/4/2022 8:00:00 AM
HB 350
HB0350A.PDF HEDC 3/4/2022 8:00:00 AM
HB 350
HB 350 3.4.2022 (H)EDC Hearing DEED Follow-Up.pdf HEDC 3/4/2022 8:00:00 AM
HB 350
HB 48 support 030222.pdf HEDC 3/4/2022 8:00:00 AM
HB 48