Legislature(2001 - 2002)
03/26/2002 03:03 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 464-SCHOOL DISTRICT CORRESPONDENCE STUDY CHAIR DYSON announced the first order of business, HOUSE BILL NO. 464, "An Act relating to statewide school district correspondence study programs." [Before the committee was Version O, as amended on March 14.] He sought confirmation from Representative Jeannette James that her intention was for the committee to adopt Version P [as a work draft]. Number 0260 REPRESENTATIVE JEANNETTE JAMES, Alaska State Legislature, sponsor of HB 464, offered her intention that the committee adopt the amendments made by the Senate [to the companion bill, SB 346; those changes are embodied in Version P]. She expressed her preference that the committee hold the bill pending the forthcoming [Department of Education and Early Development (EED)] regulations. Number 0325 WHITNEY HIGHLAND, Staff to Senator Loren Leman, Alaska State Legislature, came forward at the invitation of Chair Dyson to present the changes in Version P [on behalf of the Senate Health, Education and Social Services Standing Committee, sponsor of SB 346, the companion bill; Senator Leman is vice chair of that committee]. MS. HIGHLAND brought attention to title changes. First, "home schooling" has been omitted. Home school programs are currently classified by [EED] as correspondence study programs, she explained; to avoid confusion, "the sponsor" chose to use language parallel to the department's - "home schooling" is not recognized in statute. The new title also includes "centralized correspondence study"; that allows the inclusion of Alyeska Central School, which is not run by school district, but by EED. Statewide school district correspondence study programs are run by school districts, she noted. MS. HIGHLAND turned attention to page 1, lines 4-5, and noted the omission of "school district". This allows for inclusion of the Alyeska Central School (ACS). She pointed out that page 1, lines 7-8, includes all entities that conduct statewide correspondence study programs: ACS, charter schools, and school districts. Number 0480 MS. HIGHLAND pointed out that page 2, line 2, replaces "school district" with "governing body". This change was recommended by Legislative Legal and Research Services to align with statutory language, since "governing body" is defined in statute as being the school board of a borough school district, a city school district, or a regional education attendance area [school district]. On page 2, lines 3-8, ["establish procedures"] is added to better align with the statutory authority of school boards found in AS 14.14.090. MS. HIGHLAND explained that Version P also specifies that school districts have the ability to establish these procedures only in regard to curriculum materials purchased by school districts or governing boards, and not those purchased [with private funds]. Version P also provides that a procedure be in place for school boards to approve or disapprove home-designed courses and [to establish procedures] for the evaluation of student work. She concluded that these changes ultimately give the authority to establish procedures to local school boards, not to the department. She added that on page 2, line 9, "district" is defined. In statute, "district" means a city or borough school district or regional educational attendance area. Number 0610 REPRESENTATIVE STEVENS moved to adopt Version P, 22-LS1494\P, Ford, 3/18/02, as a work draft. There being no objection, Version P was before the committee. CHAIR DYSON announced the intention of addressing the fiscal note and holding the bill pending the actions [of EED] and review of the EED regulations. He stated that [Version P] brings the bill into conformity with the Senate version [SB 346]. [He asked if someone from EED was present to speak to the changes, but was informed that no one was.] Number 0710 CHAIR DYSON related his belief that because the bill has been significantly altered, the committee is justified in zeroing out the fiscal note. He offered assurance that plenty of time would be granted for the department to draft a new fiscal note, should the committee revisit HB 464. REPRESENTATIVE COGHILL moved to zero out the fiscal note for HB 464. REPRESENTATIVE JOULE objected for purposes of discussion. He asked about the difference between the zero fiscal note and the fiscal note prepared by EED. CHAIR DYSON offered his understanding that when the [EED] fiscal note was prepared, the bill made it the responsibility of the department to conduct all the review required therein; this was before the bill was modified to give review responsibilities to the [program's governing body]. He suggested that is a fair justification for modifying the fiscal note, but asked Ms. Highland whether his statement was correct; he then observed that Ms. Highland had gestured her concurrence. Chair Dyson asked Representative Joule if he maintained his objection. Number 0820 REPRESENTATIVE JOULE replied no, but requested to see the [earlier EED] fiscal note. CHAIR DYSON suggested that Representative Joule wait to see [a forthcoming fiscal note from EED for Version P], and whether the committee chose to take action on the bill. CHAIR DYSON announced that there being no objection, the fiscal note was zeroed out. He also announced that HB 464 would be held pending review of the EED regulations, which EED personnel had indicated would be available online April 8. Number 0896 REPRESENTATIVE JOULE suggested that since the cost of [oversight] is being shifted to the school districts, he would like to hear from Carl Rose [of the Association of Alaska School Boards (AASB)] when the committee revisits HB 464. CHAIR DYSON conveyed uncertainty that AASB was the correct entity to respond to this, but suggested that the committee would hear from the districts. He continued: To the department I want to say that, in colloquial terms, what I understand this bill was about: it reflects the legislature's significant concern about what was happening, apparently, with the regulations in the first draft. And Representative James - in my words, not hers - has loaded a cannon and ... fired it across the bow of the department, saying, "Go slow here; we are very concerned about what ... the legislature, by and large, considers to be an overregulation of correspondence schools." The department has responded to those concerns. CHAIR DYSON mentioned review that happened in the [Joint Committee on Administrative Regulation Review], in the current committee, and before the Senate. He offered his understanding that essentially all the parties who would be affected by the regulations are now comfortable with the department's commitment to revise the regulations. He added, "The proverbial cannon is still loaded and aimed." REPRESENTATIVE JAMES added, "We have the safety on." Number 0995 CHAIR DYSON suggested that this matter shows the care with which all regulations and [legislation] ought to be considered. [HB 464 was held over.]
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