Legislature(2001 - 2002)

02/21/2002 09:36 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 11                                                                                                         
     "An Act relating to the legal age for attending school; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SENATOR GENE THERRIAULT,  sponsor, testified this  legislation is in                                                            
response  to  conversations   he  had  with  the  principal   of  an                                                            
elementary  school located in his  district. He was told  of parents                                                            
enrolling  their  children  in  school  at  age  six,  although  the                                                            
mandatory  school  age  requirement  is  age seven.  He  stated  the                                                            
problem  arises when  some  of these  six-year-old  students  attend                                                            
class  inconsistently and  the school  has no  authority to  require                                                            
attendance.  He said this  causes a hardship  for the teachers,  who                                                            
invest time and  resources attempting to "keep these  children up to                                                            
speed" with the rest of the class.                                                                                              
                                                                                                                                
Senator  Therriault indicated  the benefits  of early education  and                                                            
informed  this bill  lowers the  mandatory attendance  age from  age                                                            
seven to age  six. He stressed this  legislation does not  amend the                                                            
list of  12 exemptions currently  in statute  that allow parents  to                                                            
withhold their  children from the  public education system.  He gave                                                            
illness, home  schooling, and private  schooling as examples  of the                                                            
exemptions.                                                                                                                     
                                                                                                                                
Senator Therriault  spoke to misconceptions  that this bill  negates                                                            
the exemptions  and  requires all  children in Alaska  to enter  the                                                            
public  school  system.  Rather,  he  remarked,  this  legislation,                                                             
stipulates  that  once a  child is  enrolled  in the  public  school                                                            
system, that  child must  attend. He emphasized  the intent  is that                                                            
parents  do not treat  the school  system as a  convenient day  care                                                            
system, or baby-sitter, for six year olds.                                                                                      
                                                                                                                                
Senator Therriault  pointed out the effective date  contained in the                                                            
bill that was  introduced in the first session of  the Twenty-Second                                                            
Legislature, must be amended to reflect the current year.                                                                       
                                                                                                                                
Senator Olson asked the  affect on those children who attend private                                                            
school or who are home schooled.                                                                                                
                                                                                                                                
Senator  Therriault   replied  this  legislation   only  applies  to                                                            
children in  public school and has  no impact on private  schools or                                                            
home school systems.  He stated that the parents in  these instances                                                            
are  utilizing their  own  financial  resources rather  then  public                                                            
funds.  He reiterated  the intent  is to  minimize the  impact  on a                                                            
public  school classroom  caused  from a  student who  has missed  a                                                            
significant  amount  of school  because of  the amount  of time  the                                                            
teacher must refocus toward that student.                                                                                       
                                                                                                                                
TIM  DORAN,  President,  Alaska  Association  of  Elementary  School                                                            
Principals, and  Principal, Denali Elementary School,  testified via                                                            
teleconference  from Fairbanks  to strongly  support the change  for                                                            
mandatory school attendance  to age six. He noted the average seven-                                                            
year-old is in second grade  and because this is the earliest age of                                                            
mandatory attendance, a  child could begin school for the first time                                                            
two  years  behind   his  peers.  He  spoke  to  the   physical  and                                                            
developmental  levels of  seven-year-olds compared  to five  and six                                                            
year olds.                                                                                                                      
                                                                                                                                
Mr. Doran  stressed  that starting  children  in school  at age  six                                                            
would  give  educators  "a real  benefit  in  working  with  parents                                                            
throughout  first  grade  and even  kindergarten."  He  stated  that                                                            
studies show that  exposure to the school environment  at an earlier                                                            
age has an impact on a student's future education.                                                                              
                                                                                                                                
Mr. Doran gave  examples of his experiences  teaching in  both rural                                                            
and urban schools.  He told of the disadvantages some  children face                                                            
when they do not  attend school until a later age.  He stressed that                                                            
under  current  law,  school  districts   could  not  require  these                                                            
children to attend school.                                                                                                      
                                                                                                                                
Mr. Doran  also noted the  name of the Department  of Education  was                                                            
changed a  few years prior  to add Early Development.   He  saw this                                                            
bill  "as another  way for  us to really  promote  good solid  early                                                            
education for  kids; really helps them in the process  as we are all                                                            
trying to be accountable  for the education for students  throughout                                                            
the community, not just within the school system."                                                                              
                                                                                                                                
Co-Chair  Donley surmised  the witness'  main concern  is that  once                                                            
children are enrolled  in the public school system,  they are at the                                                            
same level  as other  students. He  expressed that  to achieve  this                                                            
goal, the mandatory  attendance age does not have  to be lowered. He                                                            
suggested requiring that  attendance is mandatory for those enrolled                                                            
students, regardless of their age.                                                                                              
                                                                                                                                
Mr. Doran agreed Co-Chair  Donley's recommendation would address the                                                            
issue of student  attendance. He remarked that currently  the school                                                            
district  has no  authority  in enforcing  truancy  rules for  those                                                            
students below the age of seven.                                                                                                
                                                                                                                                
Co-Chair  Donley stressed  the legislature  has the ability  to "re-                                                            
craft  the law"  to require  attendance  of those  children who  are                                                            
enrolled, yet still allow  parents the flexibility to determine when                                                            
their children should begin school.                                                                                             
                                                                                                                                
Mr. Doran  agreed  this would  be beneficial  to  students who  have                                                            
enrolled,  but would  not benefit  those children  who do not  begin                                                            
school  before the age  of seven.  He stressed  the disadvantage  of                                                            
children  who have no  early schooling  then enter  the school  at a                                                            
later  age then  their peers.  He clarified  the issue  is not  with                                                            
parents  who chose  to home  school their  children,  but for  those                                                            
children who receive no education.                                                                                              
                                                                                                                                
Co-Chair  Kelly stated  there  are two  issues involved.  The  first                                                            
relates  to parents  who  treat  the school  system  as  a day  care                                                            
center,  "which interrupts  the education  process."  The other,  he                                                            
said, relates to the best  age to begin education. He understood the                                                            
sponsor is  intending to address the  first, more practical,  issue.                                                            
                                                                                                                                
Senator  Therriault affirmed  and  noted this  legislation does  not                                                            
affect the exemptions  for delaying schooling. He  expressed, "those                                                            
12 things pretty  much cover anything"  and if a parent wants  their                                                            
child out of school at least one of the exemptions could apply.                                                                 
                                                                                                                                
Senator  Therriault  reiterated  this  legislation  addresses  those                                                            
parents who  enroll their child in  school but then do not  have the                                                            
child attend  regularly. He  stated the language  is the  "cleanest"                                                            
way to address the issue.                                                                                                       
                                                                                                                                
Co-Chair  Donley referenced  the list of  exemptions and noted  they                                                            
are broad.  He asked about regulations  that interpret the  statute.                                                            
                                                                                                                                
EDDIE JEANS, School  Finance Manager, School Finance  and Facilities                                                            
Section,  Education Support  Services, Department  of Education  and                                                            
Early Development,  testified there are no regulations  that further                                                            
interpret the 12 exemptions.                                                                                                    
                                                                                                                                
Co-Chair  Donley  asked which  exemption  would  apply  if a  parent                                                            
"simply didn't feel their child was ready to attend school."                                                                    
                                                                                                                                
Mr. Jeans  listed number  12: the child is  educated in the  child's                                                            
home by  the parent  or legal guardian.  He explained  there  are no                                                            
specific  requirements   as  to  what  kind  of  education  must  be                                                            
provided.                                                                                                                       
                                                                                                                                
Co-Chair Donley  asked if there are  interpretations of the  quality                                                            
of  education  imposed by  the  Department  of Education  and  Early                                                            
Development or local school districts.                                                                                          
                                                                                                                                
Mr. Jeans was unaware of any.                                                                                                   
                                                                                                                                
Co-Chair  Donley asked  if  school districts  or  the Department  of                                                            
Education  and  Early Development   have authority  to  impose  such                                                            
requirements.                                                                                                                   
                                                                                                                                
Mr. Jeans answered the Department could adopt regulations.                                                                      
                                                                                                                                
Mr. Jeans suggested consideration  of other statutes relating to age                                                            
requirements in education,  specifically AS 14.03.070 commonly known                                                            
as  the  School  Age  Law.  He detailed  the  provision   identifies                                                            
children  between the age  of six years by  August 16 and 20  years,                                                            
                              th                                                                                                
who have not  completed the 12   grade. Therefore,  he said amending                                                            
the compulsory  attendance age from  seven to six years old,  "makes                                                            
sense to me." He noted kindergarten is not required in Alaska.                                                                  
                                                                                                                                
Senator Ward  asked how many  children started  school last  year at                                                            
the age of seven.                                                                                                               
                                                                                                                                
Mr. Jeans answered he did not have this information.                                                                            
                                                                                                                                
Senator Therriault  cited the most  recent data available  from 1995                                                            
showing  that of  the total  population,  98.7 percent  of  children                                                            
between the ages  of seven to nine were enrolled in  school and that                                                            
96 percent  of children aged five  and six were enrolled  in school.                                                            
                                                                                                                                
Senator Ward  wanted to know how many  children begin school  at age                                                            
seven.  He understood  the  1995 figures,  as  well  as Mr.  Doran's                                                            
experience  with one student,  but stated they  do not describe  the                                                            
problem.                                                                                                                        
                                                                                                                                
Mr.  Jeans  noted  the Department   has records  of  the  number  of                                                            
students enrolled,  but does not monitor  the number of seven-year-                                                             
olds enrolled for the first time,                                                                                               
                                                                                                                                
Co-Chair  Donley shared  he had reviewed  AS 14.03.070,  which  is a                                                            
definition of  "school age". He asked if this definition  serves any                                                            
function in other statutes.                                                                                                     
                                                                                                                                
Mr. Jeans  replied the purpose  of the definition  is for  providing                                                            
state  funds for  public  schools.  He referenced  AS  14.03.080  as                                                            
stipulating  the  right to  attend  school  without the  payment  of                                                            
tuition.  He noted  one provision  of the  right  to attend  school,                                                            
allows a child to attend kindergarten at the age of five years.                                                                 
                                                                                                                                
Co-Chair  Donley  clarified   that  AS 14.03.070   is  utilized  for                                                            
financial  purposes   only  and  does  not  relate   to  the  policy                                                            
established in AS 14.03.010, which sets the mandatory age.                                                                      
                                                                                                                                
Mr. Jeans affirmed  but noted this  legislation would align  the two                                                            
statutes.                                                                                                                       
                                                                                                                                
Senator  Therriault  stressed the  parent's  flexibility  of when  a                                                            
child attends  school is not removed. He reiterated  the child could                                                            
attend kindergarten  at age six, or the parent could  utilize one of                                                            
the 12 exemptions  and withhold the child from school  until the age                                                            
of seven.                                                                                                                       
                                                                                                                                
Senator   Therriault  stressed   the  expenditure   of  efforts   to                                                            
accommodate those  students who only periodically  attend school. He                                                            
understood  and  sympathized   with  other  efforts  to  enroll  all                                                            
children in school at an  earlier age, but qualified that is not the                                                            
purpose of this legislation.                                                                                                    
                                                                                                                                
Co-Chair  Kelly asked  for clarification,  noting  that if a  parent                                                            
does  not take  advantage of  one of  the 12 exemptions,  the  child                                                            
would be required to be enrolled in school at the age of six.                                                                   
                                                                                                                                
Senator  Therriault  emphasized that  a parent,  who  does not  want                                                            
their child  to attend  school until  the age  of seven, could  take                                                            
advantage of one of the  exemptions. He reiterated the 12 exemptions                                                            
are "all encompassing."                                                                                                         
                                                                                                                                
Co-Chair  Kelly agreed with  Co-Chair Donley's  suggestion  to amend                                                            
the language  to provide that once  a child is enrolled,  attendance                                                            
is  mandatory, regardless  of  age.  Co-Chair Kelly  commented  that                                                            
parents, who determine  their six-year-old is not  ready for school,                                                            
must attest  to one of  the exemptions, essentially  "making  a liar                                                            
out of them." Although  he assumed some form of instruction would be                                                            
provided by the parent  during this time, he questioned whether this                                                            
is "in  the spirit"  of these exemptions.  He  asked if the  sponsor                                                            
would oppose such an amendment.                                                                                                 
                                                                                                                                
Senator  Therriault replied  such an amendment  would be  "workable"                                                            
although it would be "less clear" in statutes.                                                                                  
                                                                                                                                
Mr.  Jeans  cautioned the  Committee  against  such  action  because                                                            
currently there is no kindergarten  attendance requirement, and this                                                            
legislation  would set the precedent  of mandatory kindergarten.  He                                                            
spoke to  reimbursable transportation  issues  involved in  full-day                                                            
and half-day kindergarten programs.                                                                                             
                                                                                                                                
Co-Chair Kelly acknowledged  and suggested language could be drafted                                                            
to accommodate these concerns.                                                                                                  
                                                                                                                                
Senator Therriault  asked if this would require the  school district                                                            
to track  the  enrollment  date for  children who  transfer  schools                                                            
within the district.                                                                                                            
                                                                                                                                
Co-Chair Kelly understood this is required already.                                                                             
                                                                                                                                
Senator Green  asserted none of these  issues are pertinent  because                                                            
at any  time a parent could  remove their  children from the  public                                                            
school  system, and educate  them how  they see  fit. She said  this                                                            
language  would further restrict  parents  because once enrolled,  a                                                            
student could  not be transferred  to different education  settings.                                                            
She told of tutoring  children suffering from learning  difficulties                                                            
and their movement from school to school.                                                                                       
                                                                                                                                
Co-Chair Kelly did not agree.                                                                                                   
                                                                                                                                
Co-Chair  Donley   offered  to  draft  language  to  address   these                                                            
concerns, which could be discussed on their merits.                                                                             
                                                                                                                                
Co-Chair  Donley  was encouraged  the  Department of  Education  and                                                            
Early Development  does not have regulations in place  at this time.                                                            
However, he pointed out  the Department does have such authority and                                                            
was  concerned that  a  future governor  could  be opposed  to  home                                                            
schooling and  could adopt regulations  to restrict home  schooling,                                                            
which he emphasized is very important to many Alaskans.                                                                         
                                                                                                                                
DEBBIE OSSIANDER,  Member  and Legislative  Chair, Anchorage  School                                                            
Board, testified via teleconference  from an off-net site in support                                                            
of the  bill. She  informed  the Board  has passed  a resolution  in                                                            
favor of lowering the mandatory  age for school attendance, which is                                                            
important for  the "academic preparation of children".  She detailed                                                            
state and locally adopted  performance standards that establish high                                                            
criteria  for mathematics,  reading  and writing  for children  ages                                                            
five   through  seven.   She  listed   the  language   and   reading                                                            
expectations  of  young  children  and  the  difficulties   children                                                            
without adequate  preparation could have in obtaining  these skills.                                                            
                                                                                                                                
Ms. Ossiander also spoke  to the intent of instilling the importance                                                            
of regular  school  attendance  at an early  age. She  said this  is                                                            
difficult to encourage  when attendance is required  of some but not                                                            
of others.                                                                                                                      
                                                                                                                                
Ms. Ossiander  told of children  who entered  the school system  for                                                            
the  first  time  at  the age  of  seven  with  no  other  education                                                            
experience  and the  difficulties  in  placing these  children.  She                                                            
referenced the Bush Administration  focus on the importance of early                                                            
education.                                                                                                                      
                                                                                                                                
DARROLL  HARGRAVES, Executive  Director,  Alaska  Council of  School                                                            
Administrators,  testified  in Juneau  that superintendents  are  on                                                            
record in  support of this  bill. He stressed  the need to  focus on                                                            
what is in the  best interest of children. He cautioned,  "it we put                                                            
too many vagaries  in here," the matter could become  too complex at                                                            
the school level.  He supported the mandatory age  change from seven                                                            
to six years  of age, asserting the  average six and seven  year old                                                            
is different today  then when this provision was originally  enacted                                                            
prior to statehood.  He explained  six-year-olds "from a  social and                                                            
education standpoint"  need to be  in school noting that  they learn                                                            
faster then  six-year-olds did a decade  before. He stated  research                                                            
supports this. He qualified  that if a child needs to delay starting                                                            
school for certain reasons, it would still be allowed.                                                                          
                                                                                                                                
Co-Chair  Donley asked  the process  for enrolling  a child in  home                                                            
school.                                                                                                                         
                                                                                                                                
Mr. Hargraves  was unsure  but noted the  process for six-year-olds                                                             
would  be the same  as for  seven-year-olds.  He understood  statute                                                            
requires  that parents  must  notify the  school  district of  their                                                            
intent to home school their child.                                                                                              
                                                                                                                                
Co-Chair Kelly stated there  are concerns within the Committee about                                                            
changing  the school  age. He  assigned  Senator Leman  to draft  an                                                            
amendment  that  would  satisfy  the  sponsor's  intent  to  require                                                            
attendance of  enrolled students without changing  the mandatory age                                                            
requirement.                                                                                                                    
                                                                                                                                
Co-Chair Kelly ordered the bill HELD in Committee.                                                                              
                                                                                                                                

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