Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/15/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR9 | |
| SB49 | |
| HB69 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 69 | TELECONFERENCED | |
| += | SJR 9 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 49 | ||
SJR 9-CONST. AM: EDUCATION FUNDING
1:37:45 PM
CHAIR COGHILL announced the consideration of SJR 9, noting that
this was the first hearing.
1:38:37 PM
SENATOR MIKE DUNLEAVY, sponsor of SJR 9, introduced SJR 9,
reading the sponsor statement into the record as follows:
[Original punctuation provided.]
Senate Joint Resolution 9, if passed by both bodies of
the legislature, places a constitutional amendment
before the voters in the general election in the fall
of 2014. This ballot proposal provides voters a change
to amend the Alaska Constitution to allow the use of
public money for the benefit of all Alaskans seeking
educational/training aid, regardless of whether
individuals enroll in public or private institutions.
Currently the Alaska Constitution prohibits the use of
public funds for the direct benefit of any private
educational institution. The courts have determined
that this ban extends to state funds being allotted to
individual Alaskans who choose to attend a private
school. Meanwhile an increasing number of Alaskans are
questioning the constitutionality of the long-standing
practice of giving educational scholarships/grants to
adults for educational and training purposes while
denying children the same funding opportunities.
Passage of SJR 9 clarifies the question on the
constitutionality of current educational practices.
More than that, the ballot question allows the voters
to decide whether to maintain or abolish the
restrictions on the use of public dollars for the
education of children. SJR 9 gives the voters the
power to decide what is right for them, their families
and the State of Alaska.
It is important to note that even with the adoption of
this constitutional amendment by a majority of voters,
the legislature still needs to have a robust
discussion on how to go forward. These deliberations
will occur before any Alaskan child receives state
funds to attend a private educational institution. The
passage of SJR 9 allows these discussions to begin.
1:41:39 PM
SENATOR DUNLEAVY reviewed the contents of the packet and
delivered a PowerPoint to further explain SJR 9. He relayed that
the issue is that the state constitution prohibits public funds
going to private or religious educational service providers, yet
public/private partnerships have expanded tremendously since
1965 to meet the needs of a diverse population. However, these
partnerships and associated practices could be construed to be
unconstitutional. This can be settled by the courts or the
people can vote to change their constitution to align it with
Alaska practices.
If SJR 9 passes, Alaskans will be given the opportunity to vote
on whether or not to revise the Alaska Constitution. The
language, "No money shall be paid from public funds for the
direct benefit of any religious or other private educational
institution." would be removed from art. VII, sec. 1. The
language "however, nothing in this section shall prevent payment
from public funds for the direct educational benefit of students
as provided by law." would be added to art. IX, sec. 6.
SENATOR DUNLEAVY explained that if SJR 9 is passed by a 2/3
majority of each body, the proposition will appear on the 2014
general election ballot.
A review of the history of Alaska education from 1867 to 1905
shows a dual federal/territorial system of education starting in
1900, more or less until 1965. The territorial system included
local school districts in incorporated towns; the federal system
of schools was outside incorporated towns, primarily for
Natives. An historical listing of Alaska school models includes:
borough/city schools, family homeschools, correspondence
schools, faith-based schools, mission schools, private schools
and state-operated BIA boarding schools.
The Alaska Department of Education and Early Development (DEED)
currently oversees a variety of educational delivery systems,
including correspondence and charter schools. Many of these
children are educated to public standards but don't necessarily
go to neighborhood schools. Correspondence/homeschool students
have an Individual Learning Plan (ILP) and their education is
often supplemented by both for-profit and private educational
service providers (ESP). The question is how far these
partnerships can go before someone files a lawsuit claiming that
public monies are being expended for private education.
He questioned whether the following were constitutional:
· Can a 15-year old student use public education funds to
purchase courses through an allotment, voucher,
scholarship, or tuition process from a public university to
support his/her educational plan?
· Can a 15-year old student use public education funds to
purchase courses through an allotment, voucher,
scholarship, or tuition process from a private religious
university?
· Can a 19-year old purchase course work from a university
system?
· Can a 12-year old student purchase a distance-delivered
course in math from a national online educational service
provider to support his/her public education learning plan?
· Can the same 12-year old student purchase a Latin course
from a private religious school to support his/her public
education learning plan?
SENATOR DUNLEAVY stated that the answer in each of the cases is
yes, no, and maybe, depending on the individual's philosophy and
view of what the constitutional language means.
SENATOR DUNLEAVY displayed a list of private, for-profit, and
faith-based educational service providers in the state that
partner with public education. [The list included A+ In-Home
Tutoring, Alaska Center for the Martial Arts, Alaska Engineering
Academies, Alaska Learning Labs, Alaska Pacific University,
Brain Hurricane, LLC, Challenger Learning Center of Alaska, Math
Savvy Institute, Northern Industrial Training, Sylvan Learning
Center, Southeast Alaska guide Association, and Turning Leaf
Literacy Center.]
1:46:13 PM
SENATOR OLSON joined the committee.
SENATOR DUNLEAVY relayed that the Charter School Act that passed
in 1995 initially allowed for 30 schools. It brought thousands
of students back into the public educational system, just not
into the public schools. The first statewide homeschool program,
Interior Distance Education of Alaska (IDEA), started in 1997
and helped people to look at education differently. The kids
weren't chits to serve the schools, the schools were supposed to
serve the kids. Since the advent of that program, many other
schools have sprung up to meet the needs of Alaskans.
SENATOR DUNLEAVY said his goal in introducing SJR 9 is to
enshrine what is currently being done in public education.
Homeschool parents and others will testify that they want the
latitude to pursue the goals in the stated public school
outcomes.
He acknowledged that for some the focus has been on vouchers,
but SJR 9 doesn't necessarily have to end in a voucher system.
Others have focused on the potential loss of public funding to
the educational system, but that's a separate issue. Some have
focused on private or religious schools, but he would caution
against giving private or religious schools money. However, he
sees nothing wrong with a child taking a Latin course from a
Catholic school as part of his/her ILP. The concept is to give
the student the ability to purchase educational services from a
provider.
SENATOR DUNLEAVY admitted that he favors vouchers through a tax
credit concept. He also favors expanding the public educational
system to include as many Alaskans as possible. He said he
believes that the people of Alaska should be given the
opportunity to vote on whether they want to change the language
in their constitution regarding education funding.
2:00:23 PM
SENATOR DYSON recalled that other states have language in their
constitutions that is similar to the failed federal Blaine
Amendment, and the courts have found it did permit public funds
to flow through the students to private institutions.
SENATOR DUNLEAVY said the difference is that the language in
other state constitutions refers to public monies being used for
direct and indirect benefit of private or religious education,
and the Alaska Constitution does not use the term "indirect."
SENATOR DYSON offered his understanding that Alaska's
constitutional delegates chose not to put the term "indirect" in
the constitution.
SENATOR DUNLEAVY said that was his understanding, too.
SENATOR DYSON said he also understood that it was a court
decision that precluded Alaska from using the interpretation
that money could flow ultimately to a private institution.
SENATOR DUNLEAVY responded that there have been several court
decisions and he believes the interpretation is open to too much
question.
SENATOR DYSON summarized that the language in the Alaska
Constitution needs clarification because private institutions
that are using public money to accomplish a public education
objective are in jeopardy of being sued.
SENATOR DYSON said that was his belief.
2:05:07 PM
CHAIR COGHILL promised that he would not shortchange public
testimony, although everyone would not be heard today.
SENATOR OLSON asked how this legislation would address the
current high dropout rates.
SENATOR DUNLEAVY replied that the discussion of how to use
private/public partnerships to address education problems will
come after SJR 9 passes and the people of Alaska have voted on
the language in their constitution.
SENATOR COGHILL observed that the proposed language in art. IX
is intended to follow the student.
SENATOR DUNLEAVY agreed and noted his intention to file a
companion bill that clarifies that concept.
2:08:34 PM
DEENA PARAMO PhD., Superintendent, Matanuska-Susitna (Mat-Su)
Borough School District, said she has been an educator in Alaska
for 22 years. The district serves 17,500 students in 45 unique
and diverse schools that have unique and diverse programs to
serve the Mat-Su Valley community. She said she was not speaking
to the political aspect of SJR 9 or as a historian on the
constitution. She was testifying to share that Mat-Su is a
successful school district that meets the needs of the community
through innovation, public school choice, and customer service.
Mat-Su is diverse with small, one-room school houses that serve
children K-12 in one community and five large comprehensive high
schools that serve as neighborhood schools in another community.
Mat-Su has special mission schools that focus on science and
engineering, six charter schools, a renowned career and
technical high school, and 16 large elementary schools that
serve over 400 students each. In addition, Mat-Su has a central
school serving over 1,400 homeschool students throughout the
borough.
Equally important to the diverse school buildings and settings,
are the school programs. She related that she has standardized
the rigor of the educational programs, and has challenged
schools to customize their individual programs to meet their
students' needs. Mat-Su offers a wide variety of choices for
students and families to prepare the youths for their
multifaceted future, she said.
DR. PARAMO said the educational choices offered by the Mat-Su
Borough School District provide evidence of the strong community
commitment to education that ties private and public goals in
the state. Children today are born into a world of ubiquitous
choice and opportunity, and Mat-Su has chosen to focus on what
is necessary to prepare students for their world. The success of
the district is defined by the students' subsequent success
finding jobs, earning livable wages, and caring for their
families. Outcomes are measures through a post high school
survey that is commissioned by a third party.
To ensure it remains competitive and provides the best education
possible, the Mat-Su district partners with other public and
private entities in the Valley, state, and nation. Mat-Su
students are offered Cisco technology training, flux core
welding, and high quality online learning for core curriculum,
because this is what the students will face in college.
Curriculum training for teachers is through the National Math
and Science Initiative, and other professionals provide music
and sports training. Private industry directs the program at the
career and technical high school. Private partnerships allow
students to engage in authentic learning and national best
practices and curriculum help students prepare for what they
will encounter after high school.
DR. PARAMO said the empirical evidence hasn't shown vouchers to
be the downfall of public education or the panacea but she did
know that the Mat-Su Borough School District meets more
students' needs, desires, and dreams than ever before by
embracing innovation, choice, and customer service.
CHAIR COGHILL asked Dr. Paramo to submit her written testimony.
2:15:36 PM
At ease
2:16:11 PM
MICHAEL JOHNSON, Superintendent, Copper River School District,
asked the committee to allow Alaskans the opportunity to debate
and vote on the constitutional amendment proposed by SJR 9. This
important education issue is worthy of a vigorous public debate
and will lead to conversations about other topics important for
the future of the state's education performance.
2:17:34 PM
ELLEN VAROSI, representing herself, said she favors choice and
hopes SJR 9 leads to school vouchers, because vouchers yield
choice, choice yields competition, and competition yields
success. She said that vouchers will have minimal impact on
public school funding. Rather, they will relieve school
districts of students that don't fit the public school model and
fail to thrive. She cited the December 2010 McKinsey report that
shows that the more the U.S. has spent on education the worse
the outcome has been, and the Program for International Student
Assessment (PISA) studies that show that U.S. 15-year-olds rank
poorly internationally in reading, math, and science. Don't be
afraid of change or choice or competition, and, above all, don't
be afraid of vouchers, she said.
2:19:12 PM
JOHN O'DAY, representing himself, testified in support of SJR 9,
the proposal to amend art. VII, sec. 1, and art. IX, sec 6. The
time has come for this discussion because 60 percent of incoming
University of Alaska students desperately need remedial classes.
He stated support for vouchers and what they can accomplish.
2:21:11 PM
PATRICK SHIER, representing himself, testified that SJR 9 will
give voters an opportunity at self-determination and will
clarify existing practice. He related that throughout his
children's varied schooling careers, administrators raised
significant questions about issues that SJR 9 will solve.
Alaskans will also be better equipped to continue the
conversations already underway regarding their expectations
under art VII.
CHAIR COGHILL stated that the committee would accept written
testimony.
2:22:24 PM
MARK ROSEBERRY, President, North Slope Borough Education
Association (NSBEA) and teacher at Barrow High School, said he
supports choice but he looks at it from a rural perspective. He
questioned how rural school districts can maintain an education
system, hiring teachers and support staff and securing housing
without knowing if they have the student population to support
the system. He asked how it helps the education system in Alaska
if a group separates from the public school to form a separate
school that shuts down a few years later.
2:24:26 PM
JOSEPH SEBASTIAN, representing himself, said that Alaska's
public education system is the backbone of its efforts to create
worthy citizens capable of leading the state into the future,
and SJR 9 will deplete the system of funds when it is already in
need of more funding, not less. He related that his two children
were homeschooled in grades 1-6 in the excellent, state-
sponsored correspondence school program that was inexplicably
discontinued by former Governor Frank Murkowski, and replaced
with little or nothing. His children subsequently attended high
school in Petersburg, which he believes it may be a leading
example of school systems in the state. He opined that Alaska's
public school system needs to be reinforced, not dismantled
piecemeal through efforts such as this resolution.
2:26:17 PM
MARY GRAHM, representing herself, said she doesn't believe it is
time to put this issue to a popular vote. She trusts the work of
the constitutional delegates and wants to see the public school
system succeed. She predicted that if this issue comes to a
vote, the voices that will be heard the loudest are the ones
that support vouchers. In this time of Citizens United and
unlimited spending on issues, this discussion will not be held
by Alaskans, because this legislation is part of a national
agenda to allow the diversion of public funds to private and
religious schools. She said she finds it hard to believe that
education for profit will lead to Alaska's education goals. She
recalled other attempts to amend the Alaska Constitution that
were wasteful of both time and money. Alaska has the ability to
provide lots of choices in its educational system, without SJR
9.
2:28:37 PM
TINA BERNOSIA, representing herself, said she is testifying
against SJR 9 as a school counselor and mother of twins who
attend public school in Anchorage. She believes in the public
school system and would suggest spending a day in the system to
see what great things are happening. She offered her belief that
Alaska would be among the best if its public education system
were fully funded. Concentrate on all of Alaska's children, and
do not create a system of have and have not, she said.
2:29:36 PM
CONNIE WINGREN, Principal, Holy Name Catholic School, Ketchikan,
Alaska, stated that parents should have the right to decide how
they would like their children to be taught, and SJR 9 gives
them that choice. Furthermore, it will provide educational
diversity in the state.
2:31:06 PM
CHAIR COGHILL said public testimony would continue in subsequent
meetings. He held SJR 9 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1 - SJR 9 Sponsor Statement.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 2 - SJR 9 Quick Reference.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 3 - Leg Legal March 8 Memo.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 4 - Leg Legal March 4 Memo.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 5 - Amendments to the Constitution.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 6 - Alaska Performance Scholarship Data.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 7 - AlaskaAdvantage Education Grant.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 8 - Select Grants to Ed Programs Facilities Training.pdf |
SJUD 3/13/2013 1:30:00 PM SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 9 - Supplemental Education Service Providers.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 10 - Mat-Su SES and Home School Vendors.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 11 - Komer 2013 House testimony.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 16 - Blaine Amendment.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| 17 - Fiscal Note.pdf |
SJUD 3/15/2013 1:30:00 PM |
SJR 9 |
| SJR 9 Power point Presentation.pdf |
SJUD 3/15/2013 1:30:00 PM SJUD 3/18/2013 1:30:00 PM |
SJR 9 |
| Gun-Violence-Reduction-Executive-Actions.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB 69 Leg Legal #1.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB 69 Leg Legal #2.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB069CS(JUD)-DOC-OC-02-14-13.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB069-DPS-DET-02-05-13.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |
| HB069-LAW-CRIM-02-01-13.pdf |
SJUD 3/15/2013 1:30:00 PM |
HB 69 |