03/18/2013 01:30 PM Senate JUDICIARY

              SJR  9-CONST. AM: EDUCATION FUNDING                                                                           
                                                                                                                                
2:12:27 PM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  SJR 9  and opened                                                               
public testimony.                                                                                                               
                                                                                                                                
2:14:13 PM                                                                                                                    
DAVID  NEES, representing  himself,  Anchorage, Alaska,  reviewed                                                               
the dialog on day 48  of the Alaska Constitutional Convention and                                                               
quoted  delegate Fischer.  He highlighted  that the  final motion                                                               
that day  was to strike the  third sentence in art.  VII, sec. 1,                                                               
which is exactly  what SJR 9 does. The closing  argument was that                                                               
public funds  for education should  not receive  more restrictive                                                               
or more  favored treatment. He  said he believes that  the public                                                               
purpose  provision should  be the  only  guide when  it comes  to                                                               
appropriating public  funds, but the public  purpose has probably                                                               
changed since  1957. The  proposed constitutional  amendment will                                                               
serve the  public purpose, and  a heartfelt public  discussion on                                                               
how it will manifest itself is  appropriate after it moves out of                                                               
the  committee.  The discussion  could  also  include whether  to                                                               
include the terms parochial or private.                                                                                         
                                                                                                                                
2:20:02 PM                                                                                                                    
JERRY COVEY, representing himself,  Anchorage, Alaska, said he is                                                               
an   education   and    nonprofit   consultant,   former   Alaska                                                               
commissioner   of   education,  former   school   superintendent,                                                               
principal, and  teacher in Alaska's  public education  system who                                                               
is testifying  in support  of SJR  9. He  stated his  belief that                                                               
public funds  should only be  used for public outcomes,  and that                                                               
any organization  that accepts public  monies should  be required                                                               
to abide  by statutes and  regulations governing  public schools.                                                               
He also stated  support for giving a voucher to  every student in                                                               
Alaska and letting the parents decide  where to use it as long as                                                               
the school complies with education statutes and regulations.                                                                    
                                                                                                                                
MR. COVEY said  he appreciates that some  professional groups see                                                               
SJR 9 as a  threat to public education, but his  view is that the                                                               
public  education system  belongs to  the public  and that  voice                                                               
should be given priority over the  voice of those who operate the                                                               
system. He warned  that if SJR 9 fails at  the legislative level,                                                               
the public will be denied its voice.                                                                                            
                                                                                                                                
He recalled  that in  the past  some professional  groups opposed                                                               
the creation of  education standards that are  now considered the                                                               
foundation  of  the school  system.  It  took significant  public                                                               
engagement  to override  that internal  opposition  and move  the                                                               
standards forward. He  said he believes that  the public deserves                                                               
that level of  engagement on this issue. SJR 9  is an opportunity                                                               
to engage the public in  making revisions to the education system                                                               
that  will  translate to  better  opportunities  for parents  and                                                               
students. He  asked the committee  to advance  SJR 9 to  give the                                                               
public its rightful opportunity to decide this issue.                                                                           
                                                                                                                                
2:23:08 PM                                                                                                                    
DAVID BOYLE, Alaska Policy Forum  (APF), said APF supports SJR 9.                                                               
It will  lead to better  education outcomes for  Alaskan students                                                               
and  loosen   the  grip  of   special  education   interests.  He                                                               
characterized education  in Alaska as  a monopoly and  the Blaine                                                               
Amendment language  in the  Alaska Constitution  as anti-Catholic                                                               
and anti-immigrant. He described the  differing points of view as                                                               
a  battle between  those  who  support the  right  of parents  to                                                               
choose the best education for their  child, and those who want to                                                               
maintain their stranglehold on Alaska education.                                                                                
                                                                                                                                
MR.  BOYLE  quoted  the  past  general counsel  for  the  NEA  to                                                               
illustrate  that to  the  NEA  this was  a  matter  of power  and                                                               
control. He  noted that NEA-Alaska  had collected more  than $5.6                                                               
million in  dues for  the current  school year,  but that  it was                                                               
only using  its power and influence  to speak for itself  and its                                                               
members, not for the children of Alaska.                                                                                        
                                                                                                                                
He said the  Alaska Constitution has provisions  for amending the                                                               
document and  the people play  a large  part in that  process. He                                                               
urged the  committee to give  the people the opportunity  to vote                                                               
on this important matter.                                                                                                       
                                                                                                                                
2:27:30 PM                                                                                                                    
TOM FINK, representing himself, stated  that he is a board member                                                               
of a private  K-12 school in the Anchorage area  and an active in                                                               
a  volunteer  taskforce  that  supports   SJR  9.  He  urged  the                                                               
committee to allow  the public to decide the issue  and not allow                                                               
NEA leadership  to deny the  public the opportunity to  make this                                                               
important decision.  He emphasized  that the  existing inadequate                                                               
K-12  situation  cannot  be solved  without  this  constitutional                                                               
amendment.                                                                                                                      
                                                                                                                                
2:29:28 PM                                                                                                                    
VICTOR FISCHER,  representing himself,  stated opposition  to SJR
,  the  proposed  constitutional amendment  that  would  provide                                                               
public  funds   for  religious  and  other   private  educational                                                               
institutions. He  affirmed that he  was a delegate to  the Alaska                                                               
Constitutional  Convention  and  noted  that  he  was  quoted  in                                                               
earlier  testimony.  He  relayed  that  he  also  served  in  the                                                               
Territorial Legislature and the Alaska State Senate.                                                                            
                                                                                                                                
MR.  FISCHER highlighted  that earlier  testimony  quoted him  as                                                               
having  been in  favor of  eliminating  the language  that SJR  9                                                               
proposes to strike.  That language says, "No money  shall be paid                                                               
from  public funds  for the  direct benefit  of any  religious or                                                               
other  private educational  institution."  Mr. Fischer  clarified                                                               
that  in principle  he opposed  eliminating that  language during                                                               
the Constitutional  Convention days in 1955-1956,  and he opposes                                                               
eliminating that  language today.  He reiterated that  he opposes                                                               
the   concept   of   public  funding   of   private   educational                                                               
institutions, including religious institutions.                                                                                 
                                                                                                                                
MR. FISCHER explained  that the quote was not in  context. It had                                                               
more  to do  with placement  of the  prohibition than  whether to                                                               
fund  private and  religious  educational  institutions. He  said                                                               
there was  no objection during  the Constitutional  Convention to                                                               
having  that language  in  the Alaska  Constitution;  it was  the                                                               
principle that  was involved of what  constitutes public interest                                                               
and what constitutes use of public funds for public purposes.                                                                   
                                                                                                                                
MR. FISCHER  said his  basic concern  with eliminating  the third                                                               
sentence [in  art. VII, sec. 1]  and then adding language  to the                                                               
finance  art. [IX]  is that  it effectively  removes any  kind of                                                               
constitutional limitation  on putting  public money  into private                                                               
and  religious  institutions.  He   suggested  that  leaving  the                                                               
education language and amending  the public purpose article might                                                               
achieve the aim that most people  who have spoken in favor of SJR
 are  after. That is to  benefit the individual child,  which is                                                               
what was accepted at the Constitutional Convention.                                                                             
                                                                                                                                
Removing  the provision  against  public funding  for the  direct                                                               
benefit  of religious  and other  institutions combined  with the                                                               
amendment to  the finance article  leaves the gates wide  open to                                                               
provide  money through  the  student for  the  direct benefit  of                                                               
religious and other private educational  institutions. He said he                                                               
was bothered  by the  combination, because  of the  potential for                                                               
subsequent abuse.                                                                                                               
                                                                                                                                
MR.  FISCHER  concluded  that  he  very much  opposed  SJR  9  as                                                               
currently written.                                                                                                              
                                                                                                                                
2:34:37 PM                                                                                                                    
SENATOR WIELECHOWSKI noted the earlier  testimony that this was a                                                               
discriminatory provision, and asked  if that was his recollection                                                               
of how this amendment was adopted.                                                                                              
                                                                                                                                
MR. FISCHER replied that it was  never thought of in those terms.                                                               
Free-thinkers  were   well  represented  at   the  Constitutional                                                               
Convention; there was  no discrimination and the  language was in                                                               
accordance  with  that  approach.  He  noted  that  a  convention                                                               
colleague pointed this  out in his strong arguments  on behalf of                                                               
adding the word  "indirect." He wanted it very  clear that public                                                               
funds  would  not  go  for  the direct  or  indirect  benefit  of                                                               
religious  and   other  private  educational   institutions.  His                                                               
argument,  in part,  was that  parents  can choose  to put  their                                                               
children  in  a  public  educational  institution  or  a  private                                                               
educational institution.  It was  a matter  of not  having public                                                               
tax  monies  go  directly  or   indirectly  for  the  benefit  of                                                               
religious institutions.  He reiterated with emphasis  that it was                                                               
not   meant   to   be   discriminatory   and   has   never   been                                                               
discriminatory.                                                                                                                 
                                                                                                                                
MR. FISCHER  noted that one  of the  arguments made on  behalf of                                                               
this amendment  was that public  money was already going  for the                                                               
benefit  of  students.  His  perspective was  that  if  that  was                                                               
already occurring and  hadn't been challenged, then  there was no                                                               
need for the amendment.                                                                                                         
                                                                                                                                
2:38:26 PM                                                                                                                    
DAN  KENNEDY,  representing  himself,  said  his  three  children                                                               
graduated from  the Wasilla school  system with high  honors. Two                                                               
are currently at the Annapolis  Military Academy and the third is                                                               
at the U.S.  Air Force Academy in Colorado  Springs. He described                                                               
the  requirements and  rigorous competition  to gain  entrance to                                                               
these  academies and  stated that  he and  his wife  believe that                                                               
competition with  education is imperative.  For that  reason they                                                               
support  the  opportunity for  Alaskans  to  vote to  change  the                                                               
constitution to allow for choice, including private education.                                                                  
                                                                                                                                
He  said  he  understands  that   the  accelerated  programs  his                                                               
children  participated in  through elementary  and middle  school                                                               
were  eliminated   because  of   budget  constraints   and  other                                                               
requirements of public education.  This is unfortunate because he                                                               
knows that  options must be  available if gifted Alaskans  are to                                                               
continue to  compete with some  of America's finest  students. He                                                               
urged the committee to support SJR 9.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI observed  that his  children did  very well                                                               
going through the public schools.                                                                                               
                                                                                                                                
MR.  KENNEDY   restated  how  important  the   extended  learning                                                               
programs  in   elementary  school  and  middle   school  were  in                                                               
preparing his children to attend elite colleges.                                                                                
                                                                                                                                
2:43:02 PM                                                                                                                    
SHARON AUBREY,  representing herself, described the  barriers she                                                               
encountered  as   a  parent  educator   trying  to   fulfill  her                                                               
children's   individual   learning   plans  (ILPs)   because   of                                                               
constitutional   language  interpretations.   These  restrictions                                                               
hinder many public school students  from achieving their academic                                                               
and  career goals.  For  example, if  she  purchases a  sectarian                                                               
textbook to fulfill her daughter's  ILP for an algebra class, her                                                               
allotment will  not pay for  the scientific  calculator. However,                                                               
if she  buys a secular textbook  the allotment will pay  for that                                                               
same  calculator. Materials  that  are used  daily  in brick  and                                                               
mortar  schools are  denied to  other public  school students  in                                                               
alternative  programs because  of the  current interpretation  of                                                               
the constitution.                                                                                                               
                                                                                                                                
MS.  AUBREY  said she  wasn't  necessarily  asking the  state  to                                                               
purchase faith-based curriculums. She was  asking for a change in                                                               
the  constitutional  language so  that  courses  that meet  state                                                               
grade level expectations could be  recognized for enrollment, and                                                               
for  the   basic  supporting   materials  required   for  general                                                               
education to be made available.                                                                                                 
                                                                                                                                
She stated her belief that SJR  9 would solve the limitations and                                                               
problems currently  facing the public  education system  and give                                                               
better  educational  options,   curriculums,  and  materials  for                                                               
Alaskan students to succeed.                                                                                                    
                                                                                                                                
2:46:01 PM                                                                                                                    
SAMMY CRAWFORD,  representing herself,  said she was  a classroom                                                               
teacher for 30  years and a member of the  Board of Education for                                                               
15 years.  She stated her belief  that SJR 9 needed  full vetting                                                               
and the  potential impact explored  before moving  forward. Since                                                               
it  was an  education issue,  the Education  Committee should  be                                                               
part of  the process. She  pointed out  that every ten  years the                                                               
voters  are  asked whether  or  not  they want  a  constitutional                                                               
convention to  vet major changes,  and since statehood  they have                                                               
always declined.                                                                                                                
                                                                                                                                
MS.  CRAWFORD described  herself as  a public  education advocate                                                               
who  believes  that  to  further  divide  the  pie  of  financial                                                               
assistance to  public schools  would make  it more  difficult for                                                               
public education.                                                                                                               
                                                                                                                                
2:48:08 PM                                                                                                                    
CONNIE  BELL,  representing  herself,   described  herself  as  a                                                               
homeschooling mom who takes the  responsibility for educating her                                                               
children  very  seriously.  She   offered  her  belief  that  the                                                               
responsibility  of  choosing  the best  education  possible  lies                                                               
first with parents. The opportunity to  vote on whether or not to                                                               
amend  the  constitution  would   begin  the  process  of  giving                                                               
Alaskans  that   freedom.  Competition  has  always   has  always                                                               
encouraged  excellence and  better  stewardship  of finances  and                                                               
resources, and  freedom produces  prosperity. Don't be  afraid to                                                               
give Alaskans  the freedom  to choose; put  the amendment  on the                                                               
ballot, she said.                                                                                                               
                                                                                                                                
2:49:37 PM                                                                                                                    
MARY  TOUTOUNJHI, representing  herself, described  herself as  a                                                               
25-year  public school  educator  who had  strong feelings  about                                                               
public  education.  She  pointed  out that  both  the  state  and                                                               
federal  constitutions  mandate  the  concept  of  separation  of                                                               
church and state,  and the concept of  public education available                                                               
to  all. SJR  9  denies  both of  these  concepts.  She said  she                                                               
respects  religious beliefs  but doesn't  want the  state funding                                                               
those beliefs.                                                                                                                  
                                                                                                                                
MS.  TOUTOUNJHI  observed  that   this  resolution  represents  a                                                               
consistent  pattern. It  will reduce  funding to  schools already                                                               
stressed by reductions in funding  and it will make it impossible                                                               
to  make  long-term  plans  and  set  educational  goals  because                                                               
funding  will  be  inconsistent  year-to-year.  She  offered  her                                                               
belief that one  of the single most effective ways  to maintain a                                                               
viable  government  of   the  people  is  to   provide  a  strong                                                               
educational  base.   She  urged   the  committee  to   leave  the                                                               
constitution alone.                                                                                                             
                                                                                                                                
2:52:52 PM                                                                                                                    
MIKE  COONS, representing  himself, said  he supports  SJR 9  and                                                               
fully opposes  the notion of  separation of church and  state. He                                                               
quoted the  First Amendment  and argued  that giving  parents the                                                               
right to choose  their child's school does not mean  the State of                                                               
Alaska  is  establishing  a  religion to  get  an  education.  He                                                               
discussed  the   history  of  schooling  and   pointed  out  that                                                               
Jefferson,  Madison,  and Adams  had  no  formal schooling  until                                                               
their  teens  and  they  went  on to  write  the  Declaration  of                                                               
Independence, the U.S. Constitution, and the Bill of Rights.                                                                    
                                                                                                                                
MR. COONS quoted Wikipedia on  the history of education and noted                                                               
that  states  that  adopted  Blaine  Amendment  language  did  so                                                               
because they  felt that Catholic  children should be  educated in                                                               
public  schools  to become  American,  not  to stop  a  religious                                                               
belief. Then in  1925 the U.S. Supreme Court  ruled that students                                                               
could  attend private  schools to  comply  with state  compulsory                                                               
education  laws, thereby  giving  parochial  schools an  official                                                               
blessing.                                                                                                                       
                                                                                                                                
He  corrected testimony  a professor  gave to  a joint  committee                                                               
that Wisconsin  and the District  of Columbia  showed improvement                                                               
after  giving parents  choices outside  of  public education.  In                                                               
fact, the  testimony was that  the underprivileged were  the vast                                                               
majority  who  moved  out  of public  schools  and  into  private                                                               
schools  with immediate  and long-lasting  increases in  learning                                                               
and  graduation   rates.  Public  schools  were   helped  from  a                                                               
financial  standpoint. Clearly,  giving  parents  and children  a                                                               
choice in  their education benefits  all. He urged  the committee                                                               
to pass  SJR 9  and give  the people  the opportunity  to debate,                                                               
learn, and vote on this important matter.                                                                                       
                                                                                                                                
2:56:43 PM                                                                                                                    
JANE ANGVIK,  representing herself,  stated opposition to  SJR 9.                                                               
She  said  she  believes  the  prohibition  in  the  constitution                                                               
against using  public funds for  private and  religious education                                                               
is appropriate and  should be retained. She  reminded the members                                                               
that  they weren't  just deciding  on whether  to let  the people                                                               
vote, because they  were actually required use  their judgment to                                                               
decide whether  this was a good  idea or not. She  encouraged the                                                               
committee to consider the financial  obligations to the state for                                                               
including  the  opportunity for  public  funding  for private  or                                                               
religious  education.  She  questioned   whether  the  state  was                                                               
prepared  for the  financial cost  of adding  the 9,600  students                                                               
that are currently  enrolled in private schools in  Alaska to the                                                               
current  education  budget.  She   encouraged  the  committee  to                                                               
seriously consider the content and ramifications of SJR 9.                                                                      
                                                                                                                                
2:58:52 PM                                                                                                                    
VICKI CHEKAN, representing herself,  said she had experience with                                                               
both homeschooling and  the public system and  she was testifying                                                               
in support  of SJR  9. She  urged the  committee to  consider the                                                               
derivation  of   the  original  language   and  to   examine  the                                                               
historical  interpretation against  universal principles,  and to                                                               
base their  vote on factual  information from varied  sources, as                                                               
opposed to special interests.                                                                                                   
                                                                                                                                
MS. CHEKAN quoted the opening  section of "The Making of America:                                                               
The Substance  and Meaning  of the  Constitution" to  support the                                                               
position  that the  founding  fathers did  not  intend to  remove                                                               
religion  from  formal education.  She  expressed  hope that  the                                                               
committee  would allow  the  people to  determine  the future  of                                                               
their government and their lives.                                                                                               
                                                                                                                                
3:05:34 PM                                                                                                                    
CHAIR COGHILL  held SJR 9  in committee and stated  his intention                                                               
to take additional public testimony on Wednesday.