Legislature(2001 - 2002)

04/30/2002 03:08 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 464                                                                                                            
                                                                                                                                
     "An Act relating to statewide school district                                                                              
     correspondence study programs."                                                                                            
                                                                                                                                
RICHARD SCHMITZ,  STAFF, REPRESENTATIVE  JAMES, testified  in                                                                   
support  of the  legislation  on behalf  of  the sponsor.  He                                                                   
explained that the legislation  would address school district                                                                   
correspondence  study  programs.  The first  school  district                                                                   
correspondence study program was  the Alyeska Central School,                                                                   
which delivers public  education to students that  are not in                                                                   
"brick  and mortar"  schools.  Correspondence study  programs                                                                   
have  been  successful  and  are  popular  with  parents  and                                                                   
students. This  year, the Department  of Education  and Early                                                                   
Development instituted  regulations that were  distressing to                                                                   
a number of the parents. The intent  of the legislation is to                                                                   
give the department direction in writing regulations.                                                                           
                                                                                                                                
Mr.  Schmitz observed  that the  legislation  provides for  a                                                                   
five-year review.  The original provision was  for a one-year                                                                   
review, which  was felt  to be onerous.  He pointed  out that                                                                   
charter  schools are reviewed  and approved  every 10  years.                                                                   
The  legislation  also  places   in  statute  parameters  for                                                                   
monitoring students. Monitoring  would not be so strict as to                                                                   
be restrictive. Quarterly review  by certified teachers would                                                                   
be required.  Under the proposed regulations,  a certificated                                                                   
teacher would be  involved in every aspect of  monitoring the                                                                   
student's progress. The legislation  would allow [parents and                                                                   
students] the freedom to operate as they feel works best.                                                                       
                                                                                                                                
Mr.   Schmitz   observed   that  parents   taking   part   in                                                                   
correspondence study  programs have received  funding through                                                                   
stipends  or  reimbursements   for  textbooks  or  curriculum                                                                   
materials.  Due  to  the  separation  of  state  and  church,                                                                   
materials  were not allowed  to have  a religious content.  A                                                                   
question  arose   regarding  the   parents  ability   to  use                                                                   
materials  with a religious  nature if  the parent  purchased                                                                   
the materials without state funds.  The issue was resolved by                                                                   
adding: "Nothing  in this section precludes  a correspondence                                                                   
study student, or the parent or  guardian of a correspondence                                                                   
study student,  from privately  obtaining or using  textbooks                                                                   
or curriculum material not provided  by the school district."                                                                   
                                                                                                                                
Vice-Chair  Bunde  summarized  that  the  legislation  is  an                                                                   
attempt to hold correspondence  students to the same standard                                                                   
as other schools. Mr. Schmitz agreed.                                                                                           
                                                                                                                                
Mr. Schmitz observed that the  sponsor did not agree with the                                                                   
accompanying fiscal  note by the Department of  Education and                                                                   
Early Development.                                                                                                              
                                                                                                                                
EDDY JEANS,  MANGER, SCHOOL  FINANCE AND FACILITIES  SECTION,                                                                   
DEPARTMENT  OF  EDUCATION AND  EARLY  DEVELOPMENT,  clarified                                                                   
that  the department  requested  funding  for  a position  to                                                                   
assist school  districts with  monitoring and compliance  for                                                                   
the statewide  correspondence programs.  He noted  that there                                                                   
is  a  substantial  amount  of work  with  the  program.  The                                                                   
department  went  through  a   regulatory  process  with  the                                                                   
expectations  of   providing  clarity  on   family  allotment                                                                   
accounts. Through  the regulatory process  persons associated                                                                   
with the program  were heard. The department  worked with the                                                                   
Galena and Nenana  school districts to amend  the regulations                                                                   
to their  satisfaction. He  referred to page  2, line  7: "An                                                                   
enrolled  student  shall  be   monitored  by  a  certificated                                                                   
teacher or  appropriately trained  personnel employed  by the                                                                   
governing  body."  The  department  feels  that  a  certified                                                                   
teacher  is  the appropriate  person  to  evaluate  student's                                                                   
work.                                                                                                                           
                                                                                                                                
REPRESENTATIVE JEANETTE  JAMES, SPONSOR, spoke  in support of                                                                   
the legislation, which includes  most of the regulations. She                                                                   
emphasized  that correspondence  schools  are satisfied  with                                                                   
the process. She  discussed the fiscal note,  which was added                                                                   
when the  regulations were included  in the legislation.  She                                                                   
pointed out  that the legislation  does not require  any more                                                                   
work  than  what  was required  under  the  regulations.  The                                                                   
department indicated that they  are short-funded. She pointed                                                                   
out that the need  is not the result of the  legislation. She                                                                   
emphasized that the  funding should be placed  in the budget.                                                                   
She is  sympathetic to  the department's  needs, but  did not                                                                   
think it  was appropriate for  the funding to be  attached to                                                                   
the legislation because  the legislation is not  the cause of                                                                   
shortage.                                                                                                                       
                                                                                                                                
Mr. Jeans  thought that there  was a fiscal note  attached to                                                                   
the original legislation,  which was taken out  in a previous                                                                   
committee. Co-Chair  Mulder noted that the department  is not                                                                   
being  asked  to  do  anything  new.  He  questioned  if  the                                                                   
workload  was being  expanded.  Mr. James  observed that  the                                                                   
programs  are  relatively new  and  have been  expanded.  The                                                                   
department  is  attempting  to  ensure that  the  program  is                                                                   
working.  The  program  has  taken a  large  portion  of  the                                                                   
department's time.  Staff is needed  in order to  provide the                                                                   
legislature with information.                                                                                                   
                                                                                                                                
Co-Chair  Mulder  observed  that  the fiscal  note  could  be                                                                   
considered in the conference committee.                                                                                         
                                                                                                                                
Representative  John  Davies  MOVED  to  ADOPT  Amendment  1:                                                                   
delete "or appropriately trained  personnel". Co-Chair Mulder                                                                   
OBJECTED.  Representative  Davies  spoke  in support  of  the                                                                   
amendment. He supported the department's  position that it is                                                                   
appropriate  to have  certification by  a certified  teacher.                                                                   
Co-Chair Mulder  spoke against  the amendment. He  noted that                                                                   
there   are  instances   where  supervision   is  not   by  a                                                                   
certificated teacher. He did not  see the necessity of having                                                                   
a certified teacher if the child is hitting the mark.                                                                           
                                                                                                                                
In  response  to  a  question   by  Representative  Whitaker,                                                                   
Representative  James  explained that  appropriately  trained                                                                   
personnel would be  employed by the governing  body, which is                                                                   
the school.                                                                                                                     
                                                                                                                                
Co-Chair Mulder  pointed out that  grading is  done quarterly                                                                   
by certified  teachers. Representative  Bunde noted  that the                                                                   
day  to day  corrections  would  not have  to  be  made by  a                                                                   
certified teacher  and emphasized  that the quarterly  review                                                                   
by certified teachers would allow mid course corrections.                                                                       
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Davies                                                                                                                
OPPOSED:  Bunde,    Foster,   Harris,   Hudson,    Lancaster,                                                                   
          Whitaker, Williams, Mulder                                                                                            
                                                                                                                                
Representatives Moses and Croft were absent from the vote.                                                                      
                                                                                                                                
The MOTION FAILED (1-8).                                                                                                        
                                                                                                                                
Representative Foster  MOVED to report CSHB 464  (EDU) out of                                                                   
Committee with  the accompanying fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB  464 (EDU)  was REPORTED  out  of Committee  with a  "do                                                                   
pass" recommendation  and with a previously  published fiscal                                                                   
note: EED #2.                                                                                                                   

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