Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/29/2024 03:30 PM Senate EDUCATION
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Audio | Topic |
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Start | |
Confirmation Hearing(s) | |
SB266 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
*+ | SB 266 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+ | TELECONFERENCED | ||
SB 266-CORRESPONDENCE STUDY PROG; STUDENT ACCTS 4:14:23 PM CHAIR TOBIN announced the consideration of SENATE BILL NO. 266 "An Act relating to standards-based assessments; relating to correspondence study programs; relating to student fund accounts for correspondence study programs; and providing for an effective date." 4:14:34 PM CHAIR TOBIN explained that SB 266 was drafted in response to an Alaska Superior Court decision, issued two weeks ago. The decision found that two sections of state law regarding Public Correspondence Programsspecifically related to Individualized Education Plans (IEPs) and allotmentsunconstitutional. She said that to ensure these programs remain available to correspondence families, the Alaska legislature acted quickly to draft SB 266. She highlighted the following key components of SB 266: • SB 266 reinstates statewide assessments for all public- school students. Parents will receive a two-week notification of testing dates, and students observing a religious holiday may opt out. Accommodations under the Individuals with Disabilities Education Act remain unaffected. This provision addresses a conflict with House Bill 146 (2016), which allowed parents to opt out of statewide assessments. She noted that this violates a 2007 Superior Court ruling that requires the state to have an adequate method of assessing whether students meet state standards. • SB 266 reinstates the 2008 Department of Education and Early Development (DEED) correspondence program regulatory package, originally enacted under the Palin administration. This package best aligns with requirements in Alaska's Constitution. It allows DEED or local districts to provide correspondence programs and student fund accounts (renamed from allotments), designed for individualized academic instruction. The State Board of Education is required to establish regulations for student fund accounts, which must comply with SB 266 prohibitions against using funds for partisan, sectarian, or denominational materials. • Unspent student fund account balances must be returned at the end of each year, with detailed annual reporting on expenditures. These stipulations align with existing requirements for brick-and-mortar schools. • SB 266 strengthens reporting requirements for correspondence programs. DEED must annually provide the legislature with data on student demographics, expenditures from student fund accounts, statewide assessment performance, and administrative costs. CHAIR TOBIN concluded that the SB 266 aims to prevent recurrence of the legal issues addressed in the court's decision. 4:18:03 PM MICHAEL MASON, Staff, Senator Löki Tobin, Alaska State Legislature, Juneau, Alaska, said the goal of SB 266 is to provide clear guidance and guardrails for Alaska's public correspondence programs. He delivered the sectional analysis for SB 266: [Original punctuation provided.] Senate Bill 266 Correspondence Study Programs Version B Sectional Analysis Section 1 Amends AS 14.03.016 by repealing the blanket withdrawal provisions of statewide assessments for students in K-12. The statutory requirement for at least two-week notification of statewide assessments remains unchanged. Parents may still withdrawal their public-school participating child from statewide assessments when testing dates fall on religious holidays. Accommodations for students covered by the Individuals with Disabilities Education Act, who have a 504 or Transition Impairment Plan, or are identified as English Learners are not affected by this repeal. Section 2 Adds a new subsection to AS 14.03.300 requiring the Alaska Department of Education or a local school district report annually on student participation in their correspondence study program. The report must include demographic information, expenditures made by a student fund account, appropriately aggregated performance on a statewide assessment, and administrative costs associated with operation of the correspondence study program. Section 3 Repeals and reenacts AS 14.03.310 and reinstates components of a 2008 correspondence study program regulatory package promulgated by the Alaska Department of Education and Early Development. Under AS 14.03.310, the department or a local school district may provide a correspondent study program enrollee a fund account to meet the purpose of providing individualized academic instruction. The department or a local school district is prohibited from supplanting federally required services with a student fund account. AS 14.03.310 directs the State Board of Education and Early Development to adopt regulations pertaining to student fund account expenditures and outlines stipulations for regulations. The 2 regulations must comply with AS 14.03.090, which prohibits educators or schools from advocating for partisan, sectarian, or denominational doctrines and AS 14.18.060, which prohibits the selection of textbook and instructional materials that are biased toward one sex. Regulations propagated under this section also must meet additional requirements outlined under new sections (e) through (g) of AS 14.03.310. The new AS 14.03.310 also directs the department or local public school district to return the unexpended student fund balance to the budget of the department or district including any funds that remain when a student disenrolls from a correspondence study program. 4:21:12 PM MR. MASON continued the sectional analysis of SB 266: [Original punctuation provided.] Section 4 Amends AS 14.07.168 to include information collected under the new subsection established under AS 14.03.300 in the annual report submitted by the State Board of Education and Early Development to the Alaska State Legislature. Section 5 Amends AS 14.07.158, sec. 23, ch. 40 SLA 2022, which repeals AS 14.07.168 (4) on June 30, 2034, to include in the annual report provided to the Alaska Legislature by the Alaska Board of Education and Early Development that includes the information established under the new subsection established under AS 14.03.300. Section 4 and 5 relate to the 2034 repeal of the Alaska Reads Act, ensuring continued reporting of the information collected under AS 14.03.300. Section 6 Repeals AS 14.03.300 (b). Section 7 Stipulates that Section 5 of this Act takes effect on the effective date of sec. 23, ch. 40, SLA 2022. Section 8 Sets an immediate effective date for the Act, except for Section 7. 4:24:33 PM CHAIR TOBIN asked for a review of the fiscal note for SB 266. 4:24:42 PM DEBORAH RIDDLE, Operations Manager, Division of Innovation and Education Excellence, Department of Education and Early Development (DEED), Juneau, Alaska, said the fiscal note for SB 266, from the Department of Education and Early Development, OMB component 2796, dated April 26, 2024, is a one-time expenditure of $6,000 for the development of regulations with the Department of Law. 4:25:21 PM SENATOR KIEHL shared that when he and his wife homeschooled one of their children, program funding partially assisted in purchasing a computer for schoolwork. He noted the prohibition on items purchased with homeschool support funds becoming personal property and asked whether, under the current rules, his daughter could have retained the computer she used for six years. 4:26:19 PM CHAIR TOBIN asked him to clarify if he meant in perpetuity or for the full six years. SENATOR KIEHL replied that he meant in perpetuity. He said he recalled language in SB 266 prohibiting keeping textbooks indefinitely and attaching items to a home. 4:26:48 PM CHAIR TOBIN stated her belief that currently in regulation the value of the computer would be depreciated over time and parents may have the option to purchase the item at the depreciated value. 4:27:11 PM SENATOR KIEHL asked about the boundaries for purchasing items like curriculum and noted that defining what qualifies as an educational institution will likely be central to the committee's considerations. He used McGraw Hill, a textbook publisher, as an example, suggesting it presumably would not be considered an educational institution. 4:27:46 PM MR. MASON stated his understanding that textbooks would be an authorized expense under SB 266, provided they are approved by the correspondence program. He clarified that if McGraw Hill produced textbooks approved by the program, those would qualify as an allowable expense. 4:28:16 PM CHAIR TOBIN referred to SB 266, page three, lines 3-13, which directs the State Board of Education to adopt regulations requiring the department and districts to approve expenditures for correspondence study programs. She explained that these regulations would define allowable expenses and be outlined through the regulation process. Additionally, she highlighted SB 266, page four, lines 24-25, which provides school administrators with some flexibility to approve specific expenditures if they align with a student's Individual Learning Plan. 4:29:29 PM SENATOR KIEHL noted prohibitions in SB 266 on purchasing items like clothing and PE equipment. He explained that while an allotment could be used for part of the cost of a computer, it could not be used to purchase a bicycle for PE. He mentioned receiving questions via email about using allotments for PE classes or instruction, such as a dance class or ski lesson, to fulfill a physical education requirement. He asked for clarification on the restrictions for such expenditures. 4:30:21 PM SENATOR TOBIN referred to SB 266, pages 4-5, lines 26-2, which provide guidance on allowable expenditures. She explained that the 2008 regulations, chosen over the 2005 version, are more permissive and allow students using a student fund account to contract with private individuals for tutoring, fine arts, music, and physical education as part of their learning plans. She clarified that for other subjects, such as advanced math or geophysics, a certificated teacher employed by the correspondence program and qualified in those subjects is required. However, private individuals may provide services for fine arts, music, and physical education. 4:32:09 PM CHAIR TOBIN opened public testimony on SB 266. 4:32:18 PM LARAE SMITH, representing self, Houston, Alaska, testified with concerns on SB 266. She said she is a graduate of the IDEA correspondence program and a private music teacher. She said she was confused over vague language in SB 266 regarding tutoring, specifically the prohibition on private or religious educational institutions, and questioned what qualifies as an "institution." She also sought clarification on restrictions in SB 266, Section 3(b) regarding student fund accounts and Individual Education Program (IEP) services, worried it might exclude music lessons. Additionally, she opposed the prohibition in SB 266 on funding for field trips and memberships, arguing that homeschool students should have the same opportunities as public-school students. 4:34:34 PM CHAIR TOBIN clarified that the language on supplanting in SB 266 prohibits using district funds to replace federally obligated funding required for a student's Individualized Education Plan (IEP) under the federal Individuals with Disabilities Education Act. 4:35:05 PM MAUREEN CRUMLEY, representing self, Anchorage, Alaska, testified in opposition to SB 266. She stated that parents should have the ability to use funding for tutors in all core subjects, equipment for physical education, and services from religious or private educational institutions to best educate their children. She stated that her community has excellent opportunities in these areas, which should be accessible to all families. She argued that the changes proposed in SB 266 appear to undermine the current correspondence school program, potentially affecting over 22,000 students. She concluded by asserting that SB 266 limits Alaska parents' ability to provide the best education for their children. 4:36:35 PM AMANDA WRAITH, representing self, Wasilla, Alaska, testified in opposition to SB 266. She expressed her commitment to ensuring all Alaskan children receive an education that meets their unique needs and develops their individual gifts. She shared her recent experiences supporting IDEA students at national competitions, highlighting the valuable opportunities provided by the correspondence program. She emphasized the need for equitable funding, asserting that public funding available to public schools should also be available for correspondence programs. She criticized SB 266 for limiting educational opportunities for students and described it as a harmful threat to parents' rights and Alaska's education system. 4:39:09 PM STACEY LANGE, representing self, Anchorage, Alaska, testified in opposition to SB 266 arguing that it violates her fundamental right as a parent to direct her child's upbringing and education. She emphasized the importance of school choice, stating that parents, not bureaucrats, are best suited to decide what educational path is best for their children. Citing poor educational outcomes in the Anchorage School District and Alaska's low national rankings, she argued that SB 266, along with recent correspondence school regulations, appears designed to force families back into public schools. She referenced U.S. Supreme Court rulings, including Pierce v. Society of Sisters (1925), Espinosa v. Montana Department of Revenue (2020), and Carson v. Makin (2022), which affirmed parents' rights to choose religious schools under school choice programs without violating the Free Exercise Clause of the First Amendment of the United States. She asserted that SB 266 violates this clause and urged its rejection. 4:41:31 PM KATHERINE GARDNER, Deputy Superintendent, Business and Operations, Matsu Borough School District, Palmer, Alaska, testified on SB 266. She thanked the committee for reviewing correspondence programs and allotments, noting that 16 percent of Mat-Su School District students participate in these programs. She shared that Mat-Su Central School is the district's largest school and will move into a permanent facility next year. She expressed support for correspondence families and appreciation to the Senate Education Committee for addressing this topic. She added that the Mat-Su School Board will review the legislation and provide feedback in the future. 4:43:09 PM STARLA HALBROOK, representing self, Fairbanks, Alaska, testified in opposition to SB 266 highlighting the value of Alaska's current homeschool laws, which she described as generous and supportive of hands-on learning experiences that benefit her children's education and health. She expressed concern over the potential elimination of the rollover of unused funds, noting that many families rely on these for high school education expenses. She suggested increasing funding for high school students to ensure adequate resources for graduation. She also appealed to the Senate to keep mandatory testing optional, emphasizing the role of advisory teachers in supporting families. 4:45:41 PM JOEL HALBROOK, representing self, Fairbanks, Alaska, testified with concerns on SB 266. He stated that the allotment has made schooling enjoyable and beneficial for his family. He shared that it helps with purchasing resources like Legos for learning robotics and science, as well as canvases and art supplies for art and writing. He highlighted the ability to pay small fees for IDEA clubs and access educational opportunities at museums and zoos to learn about history, geology, and biology. 4:46:30 PM SARAH GROVER, representing self, Fairbanks, Alaska, testified with concerns on SB 266. She emphasized the importance of maintaining the current funding structure and increasing funding for high school students to expand their educational opportunities. She noted the value of allowing access to tutors and private education for subjects where parents may lack expertise. She thanked the committee for supporting the program. 4:47:13 PM ERICKA BEERY, representing self, Juneau, Alaska, testified in opposition to SB 266 arguing that allotments are already subject to strict oversight, including receipts and Individual Learning Plan (ILP) alignment, and cannot be used for religious materials. She described SB 266 as restrictive, likening it to a vice pushing children back into neighborhood schools, particularly by removing the option to opt out of standardized tests, which she said yield delayed and unhelpful results. She criticized SB 266 for restricting allotments for PE-related expenses despite rising childhood obesity and diabetes rates. She also opposed the prohibition on allotments covering parents accompanying students to museums, noting that neighborhood schoolteachers are not required to pay for field trips out of pocket. She questioned who SB 266 benefits, asserting that it does not serve the best interests of children. 4:49:58 PM HOWARD BEERY, representing self, Juneau, Alaska, testified in opposition to SB 266. He stated that the lawsuit prompting SB 266 arose from a single correspondence school misusing funds for religious education, emphasizing that this was not representative of all correspondence schools. He argued that one incident should not lead to overhauling the entire system. He also opposed the prohibition on rolling over funds, noting that saving for costly endeavors like a pilot's license, which supports trades needed in Alaska, would no longer be possible. He questioned whether the National Education Association (NEA) had any role in drafting SB 266 and urged legislators to prioritize students over organizations like the NEA. 4:51:18 PM LON GARRISON, Executive Director, Association of Alaska School Boards, Juneau, Alaska, testified on SB 266. He expressed support for SB 266 as a starting point to address the constitutional violation identified by a superior court judge, ensuring that correspondence programs can continue operating within legal boundaries. He acknowledged that SB 266 would make some changes to how correspondence programs are administered but emphasized ASB's strong support for these schools. He highlighted the 85-year history of correspondence programs in Alaska, dating back to 1936, and their importance in providing educational options in a geographically vast state. He said the ASB looks forward to working on SB 266 to support public education options like correspondence programs. 4:53:46 PM EMILY FERRY, representing self, Juneau, Alaska, testified in support of SB 266 emphasizing the need for homeschool families, neighborhood schools, charter schools, teachers, and principals to have support and certainty. She stated that resolving the issues identified in the Superior Court decision quickly would provide stability and allow focus to return to broader challenges, such as underfunding and lack of investment in the education system. She noted that her family values religious education and skiing, which they personally fund, and argued that it is reasonable to treat homeschool families equitably in similar situations. 4:55:08 PM MADELINE RANCH, representing self, Juneau, Alaska, testified in opposition to SB 266. She expressed concern as a homeschool student about the potential impact of SB 266 on students like her who rely on correspondence programs to advance academically. She shared her efforts to get ahead in her studies by completing geometry over the summer and emphasized that many students, including those struggling academically, benefit from opportunities to improve through extra effort. She described her family's financial challenges, including limited access to technology, such as a computer, and stated that purchasing necessary tools would be a significant burden. She shared that her sister, after facing personal challenges, might need access to homeschooling in the future, which SB 266 could hinder. She concluded that SB 266 would negatively affect her and others seeking a proper education. 4:57:45 PM KIMBERLY BERGEY, Program Director, Raven Homeschool, testified with concerns on SB 266. She stated that although she is based in the Palmer-Wasilla area, she supervises the Raven Homeschool program statewide. She emphasized the need to consider Alaska's vast geography and dispersed families when reviewing SB 266. She urged the committee to avoid creating equity issues between urban and rural areas, highlighting that many rural communities lack access to physical education facilities and must rely on purchasing PE equipment for their children. She also pointed out that some language in SB 266, such as the term "educational institution," needs clarification to ensure consistent interpretation. She cited past state purchases from entities like North Dakota and Calvert Education and questioned how such providers fit the definitions in SB 266. 5:00:19 PM CHAIR TOBIN left public testimony open on SB 266. 5:00:43 PM CHAIR TOBIN held SB 266 in committee.