Legislature(2003 - 2004)
05/04/2004 02:38 PM House HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 239-LENGTH OF SCHOOL TERM
Number 0063
CHAIR WILSON announced that the first order of business would be
SENATE BILL NO. 239, "An Act relating to the required number of
days in a school year."
Number 0109
SENATOR FRED DYSON, Alaska State Legislature, sponsor of SB 239,
presented the bill to the committee and answered questions from
the members. He explained that he filed SB 239 at the request
of the [Anchorage] School District. This bill will allow some
flexibility in the number of days a school is in session.
Senator Dyson said that there has been a very successful charter
school which held classes four days per week. The students were
doing very well, the teachers and parents loved it, and the
school district had approved this plan. After the plan's
approval it was found that under state law school attendance is
required for 180 days so the district was not permitted to allow
it to go forward, he explained. The original bill was amended
on the floor from 150 days of attendance to equivalent hours,
Senator Dyson told the committee.
Number 0230
CHAIR WILSON announced that the committee is looking at CSSB
239(HES)am, 23-LS1269\D.A.
SENATOR DYSON clarified that this version of the bill provides
that students can attend school less than 180 days. However,
students in kindergarten through third grade must have at least
740 hours of instruction and study periods, and students
attending grades fourth through twelfth grades must have 900
hours of instruction and study periods. He added that any
school that wishes to use this option must first obtain approval
from its superintendent, school board, and then present it to
the commissioner of education. Senator Dyson shared that
several of the boarding schools are very interested in this
option since it would allow the students to go home more often.
He pointed out that there is a retroactive portion of the bill
[page 2, lines 17 and 18] which addresses the problem the school
that was approved by the Anchorage School District is
experiencing because it was found that the plan was not
currently legal under Alaska statute. He told the committee the
students are now attending classes six days per week to make up
for the lost time. If this bill passes with the retroactive
effective day, then the school can cut back to a normal class
schedule, he said. He added that the Legislative Legal and
Research Services has confirmed that this retroactive clause is
fine.
Number 0375
CHAIR WILSON shared that she has to cousins who are teachers in
Colorado where this type of schedule has been implemented as a
cost savings effort. There is a savings in utility costs, she
said. Chair Wilson added that the teachers love the schedule.
Some parents may not like it because it may require parents to
hire a babysitter while they work.
SENATOR DYSON agreed that there are savings. The districts that
his office has communicated with who have implemented similar
plans have saved money on transportation costs, janitorial and
cooking costs. He stated that as long as the students are
learning what is necessary, he believes the state should allow
the schools some flexibility.
Number 0445
CHAIR WILSON announced for the record that Representative Cissna
has joined the meeting.
Number 0456
REPRESENTATIVE SEATON commented that the way he calculates a
seven-hour day, the school year could be down to 130 days of
schools for secondary schools, and 105 or 106 for primary
schools. He asked if it is Senator Dyson intention to see that
kind of reduction in attendance days.
SENATOR DYSON replied that no schools that he knows of have the
intention of having classes for seven hours. Once the time for
recesses, lunchtime, and movement between classes is removed
from the class day, the number of class hours would be far less
hours than [seven hours], he added.
REPRESENTATIVE SEATON pointed out that the school could go to a
longer day and still only have classes 106 days per year.
CHAIR WILSON reminded the members that any change in the class
schedule must be approved by the superintendent, the school
board, [and the commissioner of education]. She pointed out
that kids can only tolerate a limited number of hours in the
classroom.
REPRESENTATIVE SEATON asked what is the current number of hours
students attend classes.
CHAIR WILSON replied six hours.
REPRESENTATIVE SEATON asked for clarification on the current
school year.
Number 0567
REPRESENTATIVE GATTO responded that currently there are 180
days, and 170 of those days are contact days. The other 10 days
are for teacher in-services, he added.
REPRESENTATIVE SEATON acknowledge that there are 170 contact
days per school year currently under law. This legislation
would allowed for longer hours. He surmised that by increasing
the classroom time by one hour per day students would attend
school 106 days for elementary school and 130 days for secondary
school. He asked if this is what the sponsor wished to
accomplish with this bill, since he notes that the original bill
only wanted the school term to be reduced to 150 days.
Number 0622
SENATOR DYSON pointed to page 2, line 8, and emphasized that
everything that takes place at school that is not instruction or
study periods would not be included in the hour count.
Number 0644
REPRESENTATIVE GATTO referred to page 2, line 8, where it says
"at least" 740 hours instruction, and on page 2, line 9, says
"at least" 900 hours of instruction. He said that on page 2,
line 13 [and 14], there is further clarification where it says
"students will receive the approximate education equivalent of a
180-day term." Representative Gatto commented that he does not
see where the bill diminishes any contact time, but simply
allows the flexibility to rearrange the contact time.
REPRESENTATIVE SEATON asked Senator Dyson if students currently
receive 740 hours in 170 contact days.
SENATOR DYSON replied that he would not say that, but suggested
that is probably a good equivalent. He agreed with
Representative Gatto's comments. These hours are minimums and
were inserted into the bill to ensure members of the other body
were comfortable with the reduction in required school days.
Chair Wilson is correct in her statement that the
superintendent, school board, [and commissioner of the
Department of Education and Early Development] would have to
approve the change in school year, he added.
REPRESENTATIVE SEATON asked if representatives from the
Department of Education and Early Development would speak to his
question on the current assumption that 740 hours of contact
time is provided in a 170-day school term.
Number 0773
REPRESENTATIVE WOLF referred to page 2, line 8, where it refers
to 740 hours of instruction. He commented that at six hours per
day, that is 123 days.
Number 0817
KEVIN SWEENEY, Special Assistant to the Commissioner, Office of
the Commissioner, Department of Education and Early Development,
testified on SB 239 and answered questions from the members. He
explained that in statute a day in session is described as at
least four hours of instruction for primary grades, and at least
five hours for grades four through twelve. This time excludes
intermission. What was done is that 180 days was [multiplied]
by four hours for the 740 hours for the primary grades and
multiplied by five hours for the 900 hours required for grades
four through twelve, he explained.
MR. SWEENEY told the members that he just spoke to the
commissioner on this bill, and explained that the department had
worked with Senator Dyson to insert the 140-day requirement.
However, the bill was then changed on the floor of the senate
from days to hours. Mr. Sweeney emphasized that the
commissioner is comfortable with this change. The commissioner
will have a litmus test to ensure that the quality of the time
provides the equivalent of 180 days of education, he said. It
is assumed that the school board will be doing the same thing,
he added. Mr. Sweeney reiterated that the commissioner supports
the bill.
Number 0907
CHAIR WILSON said she is also comfortable with the bill.
REPRESENTATIVE GATTO pointed out that there is another important
benefit for some boarding schools. For example, Nenana School
District could possibly offer an education to additional
children by condensing the number of days the existing student
enrollment attends school. There are fixed expenses for running
the school, but if the school had more children enrolled the
school would receive more income as a result of the boarding
school. Representative Gatto said there is a real advantage in
having the opportunity to offer an education to more students at
an existing site, rather than having a limited enrollment that
cannot be changed.
Number 0988
REPRESENTATIVE SEATON asked Representative Gatto if he means
that by reducing the number of days in a term the school could
run two sets of students through the same site.
REPRESENTATIVE GATTO said that's correct. For example, one
group of student could go to school from September to February
and a second set could go from February to August. It would
make it possible to have two entire classes go through the same
site per year.
CHAIR WILSON acknowledge that some states do just that.
REPRESENTATIVE GATTO moved to report CSSB 239(HES)am, 23-
LS1269\D.A, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSSB
239(HES)am was reported out of the House Health, Education and
Social Services Standing Committee.
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