Legislature(2001 - 2002)

04/08/2002 02:06 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           SB 346-SCHOOL DISTRICT CORRESPONDENCE STUDY                                                                      
                                                                                                                                
SENATOR LEMAN, sponsor of SB 346,  reminded members that SB 346 is                                                              
legislation  that  deals with  regulations  by the  Department  of                                                              
Education and Early Development (DOEED)  that pertain to statewide                                                              
correspondence  schools. He noted  that members  have heard  a lot                                                              
about the  issue, so asked that  it be reported from  committee if                                                              
the Chairwoman is ready.                                                                                                        
                                                                                                                                
CHAIRWOMAN GREEN noted  that a committee substitute  (CS) needs to                                                              
be adopted.                                                                                                                     
                                                                                                                                
SENATOR LEMAN moved to adopt the Senate HESS CS to SB 346.                                                                      
                                                                                                                                
SENATOR DAVIS asked if a new CS is before the committee.                                                                        
                                                                                                                                
CHAIRWOMAN  GREEN  informed  members  that she  was  referring  to                                                              
Version C, which was distributed to members at the last hearing.                                                                
                                                                                                                                
SENATOR DAVIS asked what changes have been made in Version C.                                                                   
                                                                                                                                
CHAIRWOMAN GREEN said  that since the last hearing  there has been                                                              
a  meeting of  the  minds between  the correspondence  school  and                                                              
DOEED.  She said  she  wants to  be  sure this  legislation  keeps                                                              
moving.                                                                                                                         
                                                                                                                                
MS. WHITNEY  HIGHLAND,  staff to Senator  Leman, informed  members                                                              
that  the changes  considered  at the  last  hearing pertained  to                                                              
whether  a  subsection of  SB  346  should  be placed  in  another                                                              
section  of  statute.  She  spoke   with  Mike  Ford,  legislative                                                              
counsel, who indicated that language  should remain as is - placed                                                              
in the  section of  statute that  deals with  the duties  of local                                                              
school districts  and not the state  school board.   Therefore, no                                                              
change was made to Version C.                                                                                                   
                                                                                                                                
SENATOR  DAVIS said  she was  pleased this  bill was  put on  hold                                                              
while the  state board had an  opportunity to review  the proposed                                                              
regulations.  She said from  everything she  has read,  it appears                                                              
the state board has already addressed  the problem that SB 346 was                                                              
designed to fix.  The state board has put the  revised regulations                                                              
out for  public review so  she questioned  what the purpose  of SB
346 is at  this date. She  expressed concern that it  is premature                                                              
and  that legislators  should allow  the process  to complete  its                                                              
course  before changing  the  statute. She  noted  the people  who                                                              
requested SB 346  are the same people who are now  saying that the                                                              
revised regulations have met their needs.                                                                                       
                                                                                                                                
SENATOR LEMAN said SB 346 was originally  introduced to respond to                                                              
DOEED's  overreach during  the regulatory  process. Regarding  the                                                              
purpose  for  the  bill  now,  DOEED  has  proposed  revising  its                                                              
regulations  in response  to concerns  expressed  by many  parents                                                              
across Alaska but the revisions will  not be finalized until June.                                                              
He anticipates  that this  legislature will  be adjourned  by that                                                              
time. Consequently, the purpose of  SB 346 is to give direction to                                                              
a  department that  has shown  it  needs it.  He said  he is  very                                                              
pleased with  the changes  made by DOEED,  but the purpose  of the                                                              
legislature is to give direction to the departments.                                                                            
                                                                                                                                
SENATOR DAVIS said the Administrative  Regulation Review Committee                                                              
addresses problems with the regulatory  process and that committee                                                              
has  reviewed the  process and  is  waiting for  the outcome.  She                                                              
asked why this  issue cannot be addressed by the  next legislature                                                              
if the  problem is not  resolved by  the revised regulations.  She                                                              
said  she  doesn't  believe  the  legislature  should  be  second-                                                              
guessing  what DOEED is  going to  do and  repeated that  the same                                                              
parents  who  came  to  Senator Leman  are  now  saying  they  are                                                              
satisfied  with  the  process.  She   advised  that  the  proposed                                                              
regulations will  not be changed  while they are under  review and                                                              
DOEED and the  parents are happy with the changes.  She noted that                                                              
legislators  are policymakers  but she  does not  see the need  to                                                              
take any action at this time.                                                                                                   
                                                                                                                                
SENATOR LEMAN  said he disagrees and  that it is his  opinion that                                                              
because this legislation  was introduced, DOEED came  to the table                                                              
and listened and responded.                                                                                                     
                                                                                                                                
SENATOR WILKEN  said he  too thought this  issue was  being worked                                                              
out  at the  table.  He asked  that  a representative  from  DOEED                                                              
comment on Version C.                                                                                                           
                                                                                                                                
MS. TERRI  CAMPBELL, legislative liaison  for DOEED, said  she was                                                              
not aware that SB 346 would be heard  today so was not prepared to                                                              
comment.                                                                                                                        
                                                                                                                                
SENATOR WILKEN  said he  was surprised that  Version C  was before                                                              
the committee without Dr. McLain being present.                                                                                 
                                                                                                                                
MS. HIGHLAND  informed members that  the IDEA program is  the only                                                              
home school study program that has  come out in support of the new                                                              
regulations. Hundreds  of other home school parents  and the Cyber                                                              
Links program are not satisfied with the new regulations.                                                                       
                                                                                                                                
SENATOR  DAVIS  removed  her  objection  to the  motion  to  adopt                                                              
Version C for the purpose of discussion.                                                                                        
                                                                                                                                
CHAIRWOMAN  GREEN  asked if  the  committee discussed  adding  the                                                              
phrase "state-funded" to line 7, page 2. No one responded.                                                                      
                                                                                                                                
SENATOR LEMAN moved  CSSB 346(HES) from committee  with individual                                                              
recommendations.                                                                                                                
                                                                                                                                
SENATOR DAVIS objected.                                                                                                         
                                                                                                                                
SENATOR  WILKEN asked  if members  want  to hear  from Dr.  McLain                                                              
before this bill leaves the committee.                                                                                          
                                                                                                                                
CHAIRWOMAN GREEN  announced the committee  would take a  brief at-                                                              
ease.                                                                                                                           
                                                                                                                                
The committee reconvened  and Chairwoman Green announced  that the                                                              
committee  would take  SB 346  up  again on  Wednesday. She  asked                                                              
members to  make sure any of  their concerns are "ironed"  out and                                                              
back to  her because she  intends to  move the legislation  out of                                                              
committee on Wednesday.                                                                                                         
                                                                                                                                
SENATOR  WILKEN asked  Ms. Highland  to  bring members  a list  of                                                              
other people's concerns.                                                                                                        
                                                                                                                                
CHAIRWOMAN   GREEN  informed  members   that  the   Administrative                                                              
Regulation   Review  Committee   has  asked   her  to  move   this                                                              
legislation forward.  She then announced  that the  committee will                                                              
hear the ATAP  legislation on Wednesday and adjourned  the meeting                                                              
at 2:47 p.m.                                                                                                                    

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