Legislature(2023 - 2024)GRUENBERG 120
04/26/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| Commission on Judicial Conduct|| Confirmation Hearing(s): | |
| HJR28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 28 | TELECONFERENCED | |
| + | SB 12 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 107 | TELECONFERENCED | |
HJR 28-CONST. AM: EDUCATION FUNDING
2:39:33 PM
CHAIR VANCE announced that the final order of business would be
HOUSE JOINT RESOLUTION NO. 28, Proposing amendments to the
Constitution of the State of Alaska relating to using public
funds for education.
CHAIR VANCE noted that she had opened public testimony on HJR 28
during the meeting on 4/24/24. She said the committee would now
continue public testimony.
2:40:07 PM
AMELIA STAPP, representing self, testified in support of HJR 28.
She said homeschooling helps her travel to Juneau as a family
and keeps her from worrying about changing schools every year.
She said it helps when money from IDEA Homeschool pays for her
education and urged the committee to save her homeschool funds.
2:41:31 PM
NAOMI STAPP, representing self, testified in support of HJR 28.
She listed the benefits of the allotment program and asked how
low-income families are supposed to educate their children
without it. She said there should be an equal opportunity for
homeschoolers, like public school students, to receive funding
to educate their family.
2:43:25 PM
LAURA BONNER, representing self, testified in opposition to HJR
28. She said every dollar going to private educational
institutions takes away from public education where the vast
majority of Alaskans go to school. She shared her belief that
vouchers could still be allowed for homeschool and
correspondence programs without changing the constitution.
2:46:10 PM
ALICIA JENSEN, representing self, testified in support of HJR
28. She opined that HJR 28 would provide clarity and that
currently, the entire homeschool program hangs in the balance.
She emphasized that this issue needs a permanent fix to move
forward.
CHAIR VANCE [closed public testimony.]
2:48:00 PM
The committee took a brief at-ease at 2:48 p.m.
2:48:04 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of the House Judiciary Standing
Committee, sponsor by request, chaired by Representative Vance,
directed attention to a PowerPoint presentation, entitled "HJR
28 Const. Am: Education Funding" [hard copy included in the
committee packet]. He began on slide 2, "Superior Court Ruling
threatens the educational funding of more than 22,000 students!"
Slide 2 read as follows [original punctuation provided]:
If left unaddressed, the ruling could have far-
reaching implications for education funding across the
state, jeopardizing many educational programs such as
public school programs that partner with private
institutions for concurrent enrollment programs and
technical education.
2:52:22 PM
MR. BALLINGER continued to slide 3, "Blaine Amendment," which
read as follows [original punctuation provided]:
Blaine Amendments are found in 37 state constitutions.
Although their language varies, a Blaine Amendment
includes any provision that specifically prohibits
state legislatures from appropriating funds to
religious sects or institutions, including religious
schools.
Blaine Amendments are named after a failed federal
constitutional amendment introduced in the U.S.
Congress by Sen. James G. Blaine of Maine in 1875.
2:54:13 PM
MR. BALLINGER proceeded to slide 4, "Current Juris Prudence,"
which read as follows [original punctuation provided]:
Lutheran Church v. Comer (2017)
The exclusion of churches from an otherwise neutral
and secular aid program violates the First Amendment's
guarantee of free excercise [sic] of religion.
Espinoza V. Montana Dep. of Revenue (2020)
The application of the Montana Constitution's Blaine
Amendment regarding tuition assistance to parents who
send their children to private schools discriminated
against religious schools and the families who
children attend or hope to attend in violation of the
Free Exercise Clause
Carson v. Makin (2022)
Maine's "nonsectarian" requirement for otherwise
generally available tuition assistance payments to
parents who live in school districts that do not
operate a secondary school of their own violates the
Free Exercise Clause of the First Amendment.
2:57:16 PM
MR. BALLINGER advanced to slide 5, which featured a map of
states with one of more private school choice programs. He
continued to slide 6, "Providing Flexibility," which read as
follows [original punctuation provided]:
"I do not feel that when it comes to an appropriation
of public funds it (religion) should receive any
special, either more restrictive or more favored
treatment. As Mr. White pointed out, the general
stipulation is that funds be appropriated only for
public purpose...
The fact that it has left itself open to that kind of
interpretation and, therefore, it seems that if we
give favored treatment or discriminatory treatment to
this education section, what are we going to do when
it comes to health, welfare and just anything else
that may come out. I think the public purpose
provision should be the only guidance when it comes to
appropriating public funds." -
Vic Fisher page 1529, Constitutional Convention
Proceedings
3:01:31 PM
MR. BALLINGER turned to slide 7, "Vote of the People," which
read as follows [original punctuation provided]:
Should HJR 28 pass through both legislative bodies
with a 2/3 vote, it will go to Alaskan voters, as a
proposed amendment in the upcoming general election.
This ballot proposal allows the voters the opportunity
to have a say in how public funds to have a say in how
public funds are utilized for education, guaranteeing
that the voice of every Alaskan is heard in charting
the course of our educational journey.
MR. BALLINGER concluded the presentation and said he saw no way
to remain consistent with the superior court decision while
maintaining the robust system that was in place prior to that.
He shared his belief that the only way to preserve what had been
provided to the kids is to amend the constitution and remove the
language that was deemed unconstitutional by the Alaska Superior
Court.
3:03:26 PM
CHAIR VANCE announced that HJR 28 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| ACJC Appointee - Robert Sheldon Resume.pdf |
HJUD 4/26/2024 1:00:00 PM |
|
| HJR 28 - Sponsor Statement.pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 - v.A.pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 - OG-Elections Fiscal Note (04-18-24).pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 Slide.pptx |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |
| HJR 28 - Slideshow Presentation (04-26-24).pdf |
HJUD 4/26/2024 1:00:00 PM |
HJR 28 |