Legislature(2005 - 2006)BUTROVICH 205

04/26/2006 01:30 PM HEALTH, EDUCATION & SOCIAL SERVICES


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01:34:33 PM Start
01:37:27 PM SCR28
01:39:35 PM SB281
02:06:21 PM Overview: Obesity Prevention – American Heart Association
02:52:16 PM HB258
03:01:11 PM HB393
03:28:01 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SCR 28 TECHNOLOGY FOR DISTANCE EDUCATION TELECONFERENCED
Heard & Held
+= SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON TELECONFERENCED
Heard & Held
+ OVERVIEW: American Heart Association - TELECONFERENCED
Obesity Prevention
+ HB 258 SEXUAL ASSAULT BY PERSON WITH HIV/AIDS TELECONFERENCED
Moved CSHB 258(JUD) Out of Committee
+ HB 393 INSURANCE FOR COLORECTAL CANCER SCREENING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
1:39:35 PM                                                                                                                    
                                                                                                                                
        SB 281-SCHOOL DIST. ENROLLMENT SHARING/CORRESPON                                                                    
                                                                                                                                
CHAIR DYSON announced SB 281 to be up for consideration.                                                                        
                                                                                                                                
WES KELLER, Legislative  aide to Senator Dyson, said  that SB 281                                                               
authorizes any  school district in  the state to  enroll students                                                               
from  across  the  state  under  the  following  conditions:  the                                                               
program must be chosen by  the resident district and parents, and                                                               
there must be a cooperative  legal agreement between the district                                                               
the student comes  from and the district in which  the student is                                                               
enrolling to provide  the school facility and  supervision of the                                                               
child. If  these conditions are  met, the enrolling  school would                                                               
receive 100 percent  state funding for that  child. Otherwise the                                                               
enrolling school would only receive  80 percent of state funding,                                                               
which is the current funding level for correspondence education.                                                                
                                                                                                                                
1:42:03 PM                                                                                                                    
                                                                                                                                
CHAIR  DYSON remarked  that the  Attorney  General's (AG)  office                                                               
recently issued  an opinion stating  that while there  is nothing                                                               
in  current statute  to preclude  the aforementioned  cooperation                                                               
between  districts, there  is a  significant chance  it could  be                                                               
challenged because our current  statutes regarding education were                                                               
founded  around   the  presupposition  that  each   district  has                                                               
complete control  over education for  all of the students  in it.                                                               
He said  that SB 281  makes it  clear that districts  could enter                                                               
into cooperative agreements across district lines.                                                                              
                                                                                                                                
He said  that the  legislation would  allow failing  districts to                                                               
enter  into  cooperative  agreements   with  other  districts  to                                                               
satisfy  the  requirements  of  the  No  Child  Left  Behind  Act                                                               
(NCLBA), most  importantly those  pertaining to  parental choice.                                                               
It  would also  allow  smaller schools  to  cooperate with  other                                                               
districts to establish virtual classes  on specific subjects such                                                               
as art and foreign languages.                                                                                                   
                                                                                                                                
SENATOR  OLSON asked  whether students  in private  schools could                                                               
participate in these programs.                                                                                                  
                                                                                                                                
MR. KELLER replied that private  students would not be allowed to                                                               
participate unless they enroll in a public program.                                                                             
                                                                                                                                
1:45:32 PM                                                                                                                    
                                                                                                                                
SENATOR  OLSON  asked  whether  the  legislation  would  have  an                                                               
adverse affect on private education.                                                                                            
                                                                                                                                
MR.  KELLER replied  that it  would not,  but added  that it  may                                                               
create competition between public and private schools.                                                                          
                                                                                                                                
1:46:38 PM                                                                                                                    
                                                                                                                                
CHAIR  DYSON added  that  this bill  would  not preclude  private                                                               
school  students  from  enrolling   in  virtual  classes  offered                                                               
through public schools.                                                                                                         
                                                                                                                                
SENATOR GREEN  asked where  the bill  requires the  permission of                                                               
both school districts.                                                                                                          
                                                                                                                                
1:48:18 PM                                                                                                                    
                                                                                                                                
MR. KELLER  replied that it appears  on section 5, page  2, lines                                                               
22 through 30.                                                                                                                  
                                                                                                                                
SENATOR GREEN asked whether the  bill requires a mutual agreement                                                               
for enrollment or a mutual agreement for 100 percent funding.                                                                   
                                                                                                                                
MR.  KELLER  replied that  the  student  could  not enroll  in  a                                                               
different district if  his home district does not  agree to allow                                                               
it.                                                                                                                             
                                                                                                                                
CHAIR DYSON  added that  in order for  the enrolling  district to                                                               
receive 100  percent funding,  there must  be a  mutual agreement                                                               
between the districts.                                                                                                          
                                                                                                                                
SENATOR GREEN  asked whether there  are any schools in  the state                                                               
that accept students from other districts.                                                                                      
                                                                                                                                
MR. KELLER  replied that Alyeska  Central School  offers distance                                                               
education  to  students  from  all   over  the  state,  but  that                                                               
currently  no  schools  in the  state  accept  non-correspondence                                                               
students from other home districts.                                                                                             
                                                                                                                                
SENATOR  GREEN asked  whether the  bill would  apply to  existing                                                               
schools that serve out of district students.                                                                                    
                                                                                                                                
MR. KELLER replied that the successor  of the Alyeska School is a                                                               
leading example  of what this  bill explicitly allows.   However,                                                               
there is  some question of  whether their current  operations are                                                               
appropriate because,  according to an  AG opinion a  local school                                                               
district operating within  its own boarders is  the foundation of                                                               
the state education system.                                                                                                     
                                                                                                                                
CHAIR  DYSON  remarked  that   this  bill  explicitly  authorizes                                                               
cooperative agreements between  districts on purchasing, building                                                               
maintenance and renovation.                                                                                                     
                                                                                                                                
SENATOR  ELTON   asked  whether   anything  in   the  legislation                                                               
prohibits, for  example, the Juneau School  District from opening                                                               
a brick  and mortar  school in  Gustavus.   He asked  whether the                                                               
student  attending that  school  would  be funded  at  80 or  100                                                               
percent.                                                                                                                        
                                                                                                                                
MR.  KELLER replied  that  they  would be  funded  at 80  percent                                                               
unless the home  district provides the supervision  of the child.                                                               
He added that  since the school would receive only  80 percent of                                                               
regular  state  funding,  there  would  be  no  incentive  for  a                                                               
district to open a brick and mortar school in another district.                                                                 
                                                                                                                                
SENATOR ELTON referenced the following from the AG's opinion:                                                                   
                                                                                                                                
     The   local  school   district  operating   within  its                                                                    
     boarders is  the foundation of the  state's educational                                                                    
     system;   K-12  is,   by  statutory   design  delivered                                                                    
     locally.                                                                                                                   
                                                                                                                                
He remarked that legislation that  would allow a district to open                                                               
a brick and  mortar school in another district  seems to directly                                                               
conflict with the AG's opinion.                                                                                                 
                                                                                                                                
MR.  KELLER   remarked  that   the  AG's   opinion  is   only  an                                                               
interpretation of existing law.                                                                                                 
                                                                                                                                
1:57:39 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON  expressed  concern that  this  legislation  would                                                               
allow for a significant change in state policy.                                                                                 
                                                                                                                                
CHAIR DYSON replied  that he thought a change in  state policy is                                                               
in order.   He said that  this bill would allow  a school failing                                                               
the  standards of  the NCLBA  to enlist  the support  of a  well-                                                               
managed school district.                                                                                                        
                                                                                                                                
2:00:06 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON reiterated  that this  legislation would  create a                                                               
significant change in state policy  by allowing a school district                                                               
to operate a brick and  mortar school in another district without                                                               
a contractual arrangement with the local district.                                                                              
                                                                                                                                
CHAIR DYSON  responded that it  accommodates the  requirements of                                                               
the NCLBA in  that it gives parents the choice  of removing their                                                               
child from a failing school.                                                                                                    
                                                                                                                                
2:01:38 PM                                                                                                                    
                                                                                                                                
SENATOR  WILKEN   suggested  testing   the  concept   behind  the                                                               
legislation in a  few districts before applying it  to the entire                                                               
state.                                                                                                                          
                                                                                                                                
2:03:48 PM                                                                                                                    
                                                                                                                                
SENATOR  GREEN asked  Mr.  Keller  to point  out  where the  bill                                                               
requires a cooperative agreement between districts.                                                                             
                                                                                                                                
MR. KELLER replied that before  proceeding further, he would like                                                               
some time to work on the bill.                                                                                                  
                                                                                                                                
SENATOR ELTON  concurred with Mr.  Keller's suggestion  and added                                                               
that  it  would be  beneficial  for  the  committee to  hear  the                                                               
opinion of some of the districts before proceeding with it.                                                                     
                                                                                                                                
CHAIR DYSON moved  to adopt version I as  the committee's working                                                               
document.   There were no objections  and it was so  ordered.  He                                                               
held SB 281 in committee.                                                                                                       

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