Legislature(2003 - 2004)
05/15/2003 08:45 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 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
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