Legislature(2003 - 2004)

05/15/2003 08:45 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR HOUSE BILL NO. 154(FIN)                                                                                             
     "An Act relating to advancement in public schools of children                                                              
     under school age; and providing for an effective date for the                                                              
     Act of July 1, 2004."                                                                                                      
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken   stated  this  bill  "upgrades  school   students,                                                            
sponsored  by  the  [House]  Rules   Committee  at  request  of  the                                                            
Governor. House  Bill 154 removes  the school districts'  ability to                                                            
offer  early entry  to  four-year-olds  as  a standard  practice  to                                                            
access  the foundation  formula and  provide State  funds to  school                                                            
programs.  Currently districts  can enroll  four-year-olds and  then                                                            
enroll them  as kindergarten students  in the next school  year. The                                                            
result  to the State  is an additional  per pupil  funding per  year                                                            
equating to approximately $3.9 million."                                                                                        
                                                                                                                                
EDDY JEANS,  School Finance Manager,  School Finance and  Facilities                                                            
Section,  Education Support  Services, Department  of Education  and                                                            
Early Development,  clarified the intent of this legislation  is not                                                            
to prohibit four-year-olds  who are ready to begin their educational                                                            
career, from entering kindergarten  early. Rather, he emphasized the                                                            
intent is to eliminate  school districts' ability to offer two years                                                            
of kindergarten and receive State foundation funding to do so.                                                                  
                                                                                                                                
Mr. Jeans interpreted  the statues  "envisioned" a student  enrolled                                                            
in  the State  public  school  system for  approximately  13  years;                                                            
                        th                                                                                                      
kindergarten  through 12   grade. However,  upon collecting  student                                                            
level data  from school districts,  he reported that some  districts                                                            
are  enrolling  all  four-year-olds  into  a two-year  kindergarten                                                             
program.  He stated this  is occurring under  AS 14.03.080  Right to                                                            
Attend School., which he cited as followed.                                                                                     
                                                                                                                                
          (c) A child under school age may be admitted to the                                                                   
     public  school in the school  district in which the  child is a                                                            
     resident  at the discretion of the governing  body if the child                                                            
     meets  the minimum  standards  prescribed by  the school  board                                                            
     evidencing that the  child has a mental, physical and emotional                                                            
     capacity to perform  satisfactorily for the educational program                                                            
     being offered.                                                                                                             
                                                                                                                                
Mr. Jeans pointed  out that "the educational program  being offered"                                                            
is  "a pretty  broad  term".  He assured  this  legislation  "brings                                                            
clarity  to  that   section  of  statute"  by  requiring   that  the                                                            
districts'   educational  program   must  prescribe  that   underage                                                            
students  advance through  the  curriculum  and grade  level by  the                                                            
following   fiscal  year.   He  explained   that  this  legislation                                                             
essentially  "puts  all school  districts  on notice  that the  real                                                            
intent here  is 13 years of funding  through the foundation  program                                                            
not 14."                                                                                                                        
                                                                                                                                
Senator  Hoffman  asked if  all of  the  communities  where this  is                                                            
occurring have access to a Head Start program.                                                                                  
                                                                                                                                
Mr. Jeans replied that some do, although others do not.                                                                         
                                                                                                                                
Senator  Hoffman  characterized   this  as  a  parody  issue:  those                                                            
communities with access  to Head Start offer an unfair advantage for                                                            
their students entering  school if the communities without access to                                                            
Head Start are prohibited from a two-year kindergarten program.                                                                 
                                                                                                                                
Senator Bunde  asked for assurance  that this legislation  would not                                                            
prevent districts  from implementing age requirements;  specifically                                                            
that students  must reach the age  of five by a certain date  before                                                            
eligible to enroll in kindergarten.                                                                                             
                                                                                                                                
Mr. Jeans responded  that the age requirement to enter  kindergarten                                                            
is established  elsewhere in statute and provides  that a child must                                                            
be five  years old by August  15 of that  school year. He  clarified                                                            
this   legislation   would   not   prohibit   the   evaluation   and                                                            
determination  by a school district that a child is  truly ready for                                                            
kindergarten,  with the expectation that the child  would advance to                                                            
first grade in  the subsequent school year, and allowing  that child                                                            
to enroll in kindergarten.                                                                                                      
                                                                                                                                
Senator Bunde  asked if the  current practice  of districts  is that                                                            
this determination  is made without the honest expectation  that the                                                            
four-year old child would advance to first grade.                                                                               
                                                                                                                                
Co-Chair  Wilken  suggested  this  was  an unfair  question  to  the                                                            
witness, as  he could not be expected  to know the intent  of school                                                            
districts.                                                                                                                      
                                                                                                                                
Senator Taylor  expressed concern that the language  is not specific                                                            
enough.  He  asked  if  every  underage  student  enrolled  must  be                                                            
advanced  to first grade  the next year regardless  of whether  that                                                            
child is ready.                                                                                                                 
                                                                                                                                
Mr. Jeans assured  that the Department does not intend  to apply the                                                            
stipulations  "so black  and white".  He understood  that  districts                                                            
would determine  some children  have the ability  to advance  to the                                                            
next grade level  the following year and would enroll  them, only to                                                            
later learn these  children are not ready. He pointed  out that some                                                            
five year olds  enter kindergarten and are not ready  to advance the                                                            
following year. He stressed  this legislation is intended to address                                                            
the  matter of  districts  enrolling every  four-year  old into  the                                                            
public school system and collecting State foundation funding.                                                                   
                                                                                                                                
Senator Taylor  asked what  would prevent  a district to  continuing                                                            
the practice,  claiming intent  to advance  each student. He  opined                                                            
this is  a manipulation of  the foundation  funds by certain  school                                                            
districts  to obtain  more  money.   He recalled  earlier  practices                                                            
before the  passage of  SB 36, establishing  the current  foundation                                                            
funding formula, in which  some districts claimed gifted students at                                                            
a rate 2,000 percent  higher than any other community  in the United                                                            
States. He elaborated about other misuses.                                                                                      
                                                                                                                                
Mr.  Jeans assured  the  testimony on  this  legislation  adequately                                                            
establishes  intent and that  if the Department  discovers  a school                                                            
district is "blanketly"  enrolling four-year olds, it would have the                                                            
authority to deny funding in the subsequent school year.                                                                        
                                                                                                                                
Senator Taylor  offered a motion to  report the bill from  Committee                                                            
with individual recommendations and accompanying fiscal note.                                                                   
                                                                                                                                
Without objection  CS HB 154 (FIN) MOVED from Committee  with fiscal                                                            
note #2  from the  Department of  Education  and Early Development,                                                             
which reflected a reduced expense of $3,916,200 in FY 05.                                                                       
                                                                                                                                
Co-Chair Wilken announced  the Committee would recess to the call of                                                            
the chair.                                                                                                                      
                                                                                                                                
AT EASE 10:57 AM / 2:26 PM                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects