Legislature(2015 - 2016)CAPITOL 106
04/16/2016 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB200 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 200 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
April 16, 2016
8:01 a.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Liz Vazquez, Vice Chair
Representative Paul Seaton
Representative David Talerico
Representative Harriet Drummond
Representative Ivy Spohnholz
MEMBERS ABSENT
Representative Jim Colver
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 200(FIN)
"An Act relating to health education and physical activity
requirements for students in grades kindergarten through eight."
- MOVED HCS CSSB 200(EDC) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 200
SHORT TITLE: MANDATORY PHYSICAL ACTIVITY IN SCHOOLS
SPONSOR(s): SENATOR(s) COSTELLO
02/22/16 (S) READ THE FIRST TIME - REFERRALS
02/22/16 (S) EDC, FIN
03/22/16 (S) EDC AT 3:30 PM BUTROVICH 205
03/22/16 (S) Heard & Held
03/22/16 (S) MINUTE (EDC)
03/31/16 (S) EDC AT 3:30 PM BUTROVICH 205
03/31/16 (S) Moved SB 200 Out of Committee
03/31/16 (S) MINUTE (EDC)
04/01/16 (S) EDC RPT 1NR 2AM
04/01/16 (S) NR: GIESSEL
04/01/16 (S) AM: DUNLEAVY, GARDNER
04/09/16 (S) FIN AT 10:00 AM SENATE FINANCE 532
04/09/16 (S) Heard & Held
04/09/16 (S) MINUTE (FIN)
04/11/16 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/11/16 (S) Scheduled but Not Heard
04/11/16 (S) FIN AT 2:00 PM SENATE FINANCE 532
04/11/16 (S) Moved CSSB 200(FIN) Out of Committee
04/11/16 (S) MINUTE (FIN)
04/12/16 (S) FIN RPT CS 2DP 4NR NEW TITLE
04/12/16 (S) DP: MACKINNON, BISHOP
04/12/16 (S) NR: MICCICHE, DUNLEAVY, OLSON, HOFFMAN
04/13/16 (S) TRANSMITTED TO (H)
04/13/16 (S) VERSION: CSSB 200(FIN)
04/13/16 (H) READ THE FIRST TIME - REFERRALS
04/13/16 (H) EDC
04/16/16 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SENATOR MIA COSTELLO
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced the committee substitute (CS)
for SB 200(FIN), as sponsor.
SORCHA HAZELTON, Intern
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the CS for SB 200(FIN), on behalf
of Representative Costello, sponsor.
PAMELA SKOGSTAD, Adapted Physical Education Specialist
Hope, Alaska
POSITION STATEMENT: Testified in support of the CS for SB
200(FIN), and recommended an amendment.
MARK FRAAD, Physical Education Teacher
Seward, Alaska
POSITION STATEMENT: Testified in support of the CS for SB
200(FIN).
GEORGE BROWN, DR., Pediatrics
Douglas, Alaska
POSITION STATEMENT: Testified in support of the CS for SB
200(FIN).
DENALI DANIELS, Consultant
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the CS for SB
200(FIN).
TRAVIS HARRINGTON, Athletic Coach
Palmer, Alaska
POSITION STATEMENT: Testified with concern on the CS for SB
200(FIN).
AMY JO MEINERS, Teacher of the Year
Juneau, Alaska
POSITION STATEMENT: Testified with concern on the CS for SB
200(FIN).
ACTION NARRATIVE
8:01:58 AM
CHAIR WES KELLER called the House Education Standing Committee
meeting to order at 8:01 a.m. Representatives Keller, Vasquez,
Seaton, and Talerico were present at the call to order.
Representatives Spohnholz, and Drummond arrived as the meeting
was in progress.
SB 200-MANDATORY PHYSICAL ACTIVITY IN SCHOOLS
8:02:29 AM
CHAIR KELLER announced that the only order of business would be
CS FOR SENATE BILL NO. 200(FIN), "An Act relating to health
education and physical activity requirements for students in
grades kindergarten through eight."
8:02:39 AM
SENATOR MIA COSTELLO, Alaska State Legislature, stated the
prevailing needs that make the CS for SB 200(FIN) important
legislation to adopt, which include: a childhood obesity
epidemic; trends of young children with anxiety and depression;
and concern for improving the results in classrooms. The intent
of the proposed legislation is to address these issues, and
support the growing body of research identifying the mind-body
connection.
8:04:04 AM
SORCHA HAZELTON, Intern, Senator Mia Costello, Alaska State
Legislature, presented the CS for SB 200(FIN) paraphrasing from
a prepared statement, which read as follows [original
punctuation provided]:
SB 200 will help ensure Alaskan kids are physically
active & mentally healthy. The bill will set a balance
of structured & unstructured time during the school
day.
It would amend state law to ensure school districts
provide students with a daily minimum physical
activity for students in kindergarten through 8th
grade. The amount of time is based on the US Center
for Disease Control & Prevention recommendation,
currently 60 minutes for children and adolescents.
This bill calls for 90% of that 60 minutes, or 54
minutes, to be provided by Alaska school districts for
each full school day.
SB 200 allows for this standard to be filled through
unstructured time, like recess, physical education
classes, or even in-class exercises.
This allows school districts to decide what best fits
their schools: increasing time spent in PE classes,
lengthening recess, etc.
According to the American Academy of Pediatrics,
school constitutes nearly half of students' wakeful
hours.
As standards and expectations have increased over the
years, children are spending more hours per day, and
days per year in school. (Psychology Today - Decline
of Play & Rise in Children's Mental Disorders)
This increase in standards has resulted in national
declines in recess and physical education time in the
school day. As of 2012, only 5 states require daily
recess for elementary students (Policy Strategies for
Supporting Recess in Elementary Schools)
This bill would encourage the physical health section
of students' schooling, supporting physical fitness
habits and interests that keep Alaska's kids active
and healthy into their adulthood.
State of Alaska (Alaska School Districts Physical
Education & Recess Policy Survey, March 2014, Denali L
Daniels & Associates, funded by DH&SS)
The State of Alaska is one of 7 states that does not
lay out in statute that elementary school students
must participate in physical education classes (7).
Alaska also does not have a policy requiring or
recommending recess or physical activity breaks at any
grade level (14).
Only a little more than half (53%) of Alaska school
districts have a written policy for elementary and
middle school recess.
A third of school district elementary school policies
don't meet the CDC's daily recommended amount in a
week.
Physical activity, whether via unstructured time or
through physical education classes, have a number of
benefits for students. The major benefits are
combating childhood obesity, improving academic
performance, and fighting the rise in youth mental
disorders. In addition, increased physical activity
allows students to engage with each other and learn
from their peers outside of the classroom.
Childhood obesity is an issue in the United States,
and in the state of Alaska.
Among Alaskan high school students, 26% are overweight
or obese (ADN, Alaska Obesity Prevention & Control
Program)
40% of Alaskan 3 [year olds] are either overweight or
obese, according to the 2014 Alaska Obesity Facts
Report produced for a number of State departments,
including Public Health, Health & Social Services, &
Obesity Prevention & Control Program.
SB 200 aims to decrease these percentages with simple
activity.
Nationally, Recess and PE have been cut down or
removed from the academic schedule, understandably,
for the sake of instructional time. But exercise and
breaks from school work, provided for in Senate Bill
200, have been proven to increase retention of
information and focus.
Adults have the ability to step away from their desks,
grab coffee, chat with coworkers, and a take a break
from the concentration their jobs require. Students in
school don't have this option.
The American Academy of Pediatrics found kids' brains
process information best if given a period of
interruption after instruction. This is best served
through unstructured breaks, rather than shifting from
one subject to the next. SB 200 gives students this
time to recharge for the lessons ahead and allow
information to sink in.
In a number of schools in California that engaged in
physical activity programs, teachers reclaimed up to
40 instructional hours a year because kids returned to
the classroom focused and ready to learn (Scholastic -
Recess Makes Kids Smarter)
In addition to the physical and scholastic benefits of
increased physical activity, unstructured time has a
mental benefit for students as well.
Play helps children (a) develop intrinsic interests
and competencies; (b) learn how to make decisions,
solve problems, exert self-control, and follow rules;
(c) learn to regulate their emotions; (d) make friends
and learn to get along with others. All of which
promote mental health (American Journal of Play -
Decline in Play & Rise in Psychopathy)
Education outside classroom
Students learn from each other as well, which most
often is found during unstructured time, when students
freely engage with each other.
Recess offers a time to engage in peer interactions,
unguided by teachers, in which they learn essential
social skills: communication, negotiation,
cooperation, sharing, problem solving, coping,
perseverance, self-control. All of these skills are
foundations for healthy development. (American Academy
of Pediatrics)
One of the key values of recess is for children to
find things out on their own, without too much
direction (Christian Science Monitor - All Work, No
Play at School)
There are a number of case studies of classrooms and
schools who have experienced firsthand the benefits of
increased physical activity during the school day.
Senator Costello mentioned Eagle Mountain Elementary
in Fort Worth, Texas.
In a study reported by the CDC, 2nd graders exhibit
greater concentration and demonstrated higher math
fluency after engaging in 5 minute movement breaks;
teachers observed higher student concentration levels
after daily stretching exercises.
Other industrialized countries such as China, Taiwan,
and Japan are often highlighted as examples where
students spend long hours in school and perform well
academically. Nearly ¼ of the school day in these
countries is made up of frequent recesses, long lunch
periods, and afterschool activities (Early Childhood
News - Recess & Social Development)
A 2014 study at [University of Colorado] Boulder &
[University of] Denver found 6 [year olds] with more
unstructured time showed signs of stronger executive
functioning and decision making skills. These skills
support strong social relationships and are linked to
academic success throughout a student's career.
(Education Week - Withholding Recess as Discipline in
Decline)
This bill will ensure Alaskan students have an active
component of their school day and a more active
lifestyle. This provides them with time to learn from
their peers outside the classroom and discover new
interests.
SB 200 originated from research performed by the
American Academy of Pediatrics, the Center for Disease
Control & Prevention, The American Journal of Play,
and Scholastic, among many others. This research has
shown that the national trend of recess and PE removal
has not been helpful to students; that PE and
unstructured play benefit kids in so many ways and
make our students better, healthier, and happier.
This bill sets up this time as a daily part of
students' schedule.
8:10:30 AM
REPRESENTATIVE DRUMMOND stated unconditional support for any
bill that allows children to be children, and expressed concern
about students with disabilities. She asked how students with
physical/developmental disabilities would be included in
activities as an alternative to invoking the exemption language
included in the bill.
MS. HAZELTON responded that an exemption is allowed in the
proposed legislation, but the specifics are left to the
Department of Education and Early Development (EED) to regulate.
REPRESENTATIVE DRUMMOND commented that it may present a problem.
8:12:11 AM
The committee took a brief at-ease at 8:12 a.m.
8:12:25 AM
REPRESENTATIVE SEATON directed attention to the CS page 1, lines
5 [and 6], which read:
(c) In addition to the health education program
encouraged under (a) of this section, a school
district [shall] require schools in the district to
include ...
REPRESENTATIVE SEATON reported having received requests to amend
the language from "shall require schools" to read "shall provide
opportunity." He asked whether any other committees of referral
have had similar concerns.
8:14:21 AM
SENATOR COSTELLO said questions have arisen for activity levels
needed, and explained that testimony will address how specific
needs are being met. A cultural change will be experienced in
some communities. The growing cost of fighting childhood
obesity is in the hundreds of millions, and this may be a
vehicle to improve the situation. She maintained that requiring
districts to take measures is not unreasonable, and flexibility
is provided in the CS; as will be reported later in public
testimony. Exemption language is included, she pointed out.
8:17:07 AM
REPRESENTATIVE SPOHNHOLZ noted concerns for fitting this
requirement into the busy, middle school, class schedule.
MS. HAZELTON deferred.
8:17:40 AM
CHAIR KELLER clarified that the department would make the
determinations for exemptions, and the programs are a mandate on
districts not the department.
SENATOR COSTELLO said the regulations would need to be
promulgated by EED, based on the statute. Some students may not
be mobile and able to participate and an exemption would be
available.
CHAIR KELLER asked whether oversight would be under the purview
of the State Board of Education and Early Development.
SENATOR COSTELLO responded that there is nothing addressing that
in the bill.
8:19:14 AM
REPRESENTATIVE VAZQUEZ paraphrased from the CS page 1, lines 7-
8, which read:
... a minimum of 90 percent of the daily amount of
physical activity recommended ...
REPRESENTATIVE VAZQUEZ asked what the 90 percent translates to
in the course of a school day.
8:19:37 AM
MS. HAZELTON responded that it provides 54 minutes of physical
activity, although the Centers for Disease Control (CDC)
recommends 60 minutes.
REPRESENTATIVE VAZQUEZ asked whether the guidelines are for
daily exercise.
MS. HAZELTON answered, "Yes."
REPRESENTATIVE VAZQUEZ directed attention to the committee
packet report titled, "Alaska School Districts, Physical
Education & Recess Policy Survey," dated March 2014, by DDA
Denali L. Daniels & Associates, and asked if the report is
consistent with the CDC findings.
MS. HAZELTON deferred.
8:21:00 AM
REPRESENTATIVE SEATON noted that the district policy states that
schools shall encourage students to meet the American Academy of
Pediatrics recommendation of 50 minutes of daily physical
exercise. By adopting the federal CDC requirements as a
standard, Alaska's schools that follow the American Academy of
Pediatrics recommendation would not meet the threshold, he
pointed out, and asked why the CS uses the CDC standard.
SENATOR COSTELLO responded that the CDC standards encompass the
scope of the bill more fully. Also, the body of research, and
other recommendations the agency provides, is well
substantiated.
REPRESENTATIVE SEATON ascertained that the state statutes will
be appropriately aligned, if the CDC standards are adopted.
SENATOR COSTELLO concurred.
8:23:54 AM
CHAIR KELLER opened public testimony.
8:24:01 AM
PAMELA SKOGSTAD, Adapted Physical Education Specialist,
testified in support of the CS for SB 200(FIN), and reported her
experience of applying the CDC standards to children with
disabilities. She said she has facilitated workshops in nine
districts to provide 250 teachers with CDC funded training
specifically designed to ensure the inclusion of disabled
students in physical activities. She directed attention to the
bill, as originally introduced, and expressed concern for the
language contained on page 1, lines [12-14], which read:
The policy established under this subsection must
allow a student to be excused from the physical
activity requirements if the student is unable to
participate because of a physical disability or for a
medical reason.
MS. SKOGSTAD highlighted the language, "because of a physical
disability," to state that the exclusion of children with
disabilities is primarily due to a teachers' lack of training to
include them. The stipulation opens the door for a school to
not provide physical activity programs for students with
disabilities. She recommended deleting the physical disability
language, as it is unnecessary and can be limiting.
Additionally, it conflicts with the Disabilities Education Act
(IDEA), which states that children with disabilities are
required to have access to physical education (PE); especially
designed if necessary. The districts are already complying, she
reported, and given the availability of a CDC grant, the effort,
thus far, has been cost free to the state.
8:27:45 AM
REPRESENTATIVE DRUMMOND ascertained that children with physical
disabilities are required to have PE.
MS. SKOGSTAD responded that IDEA pertains to several categories
of disabilities; however the language in the CS is unnecessary
and may be in conflict with the federal act, as it provides a
means for exclusion of the disabled population.
8:32:12 AM
MARK FRAAD, Physical Education Teacher, stated support for the
CS for SB 200(FIN), paraphrasing from a prepared statement,
which read as follows [original punctuation provided]:
I am the PE teacher at Seward Elementary School. When
I was first contacted to present a success story, I
was unsure I really had anything to offer. But then
they said, Mark, would you share how Seward Elementary
School is able to offer PE to grades 3 through 5 every
day. So, I said sure!
To begin, just a little note: Seward Elementary
School use to have six graders, but it was decided
three years ago to move them to the middle school.
Since then we added pre-K, and I now teach pre-school
- 5th graders physical education.
Well, first I will say, every school has their
challenges, restraints, and obstacles and might not be
able to do exactly what we did. What we did as a
school was access research and think outside-of-the-
box.
Back in 2005, we were exploring, like many schools,
ways to increase our test scores, decrease behavior
issues, and tackle the childhood obesity epidemic.
What we did as a staff was come together and review
current research showing that children do better
academically when they are more physically active in
structured PE and unstructured recess, and that
behavior improves, too.
Simply, Movement is the single most powerful tool to
optimize brain function. I'll repeat that, "Movement
is the single most powerful tool to optimize brain
function".
At the time, we offered 30 minute PE classes 2 to 3
times a week. Pretty common! So, our initial step
was to formulate an idea to change! In other words we
wanted to change what we were doing and be better.
Simply, we wanted to offer our students the most
physical movement possible!
From that idea we created a model. That model
involved the following:
First, to move lunches into the classroom. In my mind
that was one of the most important things we did.
What this did was to free up the gym for 2 additional
PE classes each day. We have a wonderful,
understanding, and involved staff, they understood our
objectives and they bought in. I would also say as a
result of moving lunches into the classroom - lunch
time behavior issues decreased substantially. As a
side note, talking about lunch, eventually, with the
help of nutrition services we were also able to
eliminate a la cart items from our lunch menu. And
slowly our lunches have improved over the years. For
years we were also eligible for the fruit and
vegetable snack program. Which is a wonderful
program! The past two years we have not been
eligible!
Second, I as the PE teacher would have to teach 11 PE
classes daily. Which is a pretty heavy load. And, as
you can see, I am no longer a spring chicken.
Third, we would increase unstructured recess time. We
would offer 15 minutes in the morning, 30 minutes at
lunch, and encourage all teacher's to take their class
out one or two more times during the day for recess,
when possible.
Fourth we would offer healthy alternatives to class
food/pizza parties. That being, an extra PE class.
We found that the students would much rather have an
extra PE class than a food party. We did this by
offering double PE classes. That involved a simple
scheduling change where we scheduled same age
classrooms back to back for PE, so I could take two
classes at a time and double their PE. One of the
positive results of this was that we were able to
offer our teachers, occasionally, an extra 30 minutes
of prep or collaboration time. And, of course they
love that!!
Fifth we would offer five intramural sport activities
a year: Cross country running, soccer, basketball,
volleyball, and cross-country ski and for years, I
coached up to four of those.
Sixth, whenever I had extra funding for PE I directed
it towards purchasing equipment for the classroom, so
called "Take 10" equipment for teachers to use in
their rooms. This includes stuff like... (rubber band
balls, high density foam balls, small beach balls,
small hula hoops, etc.).
Seventh, with the help of the Kenai borough and our
wonderful PTSA we were able to finance new playground
equipment. That was huge! Now more than ever the
kids wanted to go outside.
It's important to also mention that we have at Seward
Elementary a phenomenal Boys and Girls club in our
building and that they do an exceptional job keeping
the kids active. Seward also has a wonderful Parks
and Recreation program which is very much elementary
school centered.
The results of all this, during the school year
following all the additions were:
The students proficient in math and reading increased
in grades three through six.
In 2006/07 we were recipients of the Alaska
Performance Incentive Award.
In 2007/08 we won the Blue Ribbon Award.
In 2008/09 we were once again recipients of the Alaska
Performance Incentive Award. In fact, we were 1 of 13
schools in Alaska that received the award 2 out of the
three years it was offered.
You might be asking what is the Alaska Performance
Incentive program. The Alaska performance incentive
program if you recall ran for three years and tied
extra pay to students' academic improvement. The
program was started by Governor Frank Murkowski and
then Commissioner of Education Roger Sampson. Though
controversial it allowed for certificated and non-
certificated staff to receive incentive payments on
top of their base salary. Bonuses ranged from $2500-
$5500 for licensed staff members including
administrators and teachers, to $1,000 to $2,500 for
classified staff.
The Blue Ribbon Schools Program is a National program
began in 1982 that recognizes public and private
elementary, middle, and high schools based on their
overall academic excellence for their progress in
closing achievement gaps.
In addition, in 2012/13 we received the USDA Healthier
US School Bronze Award. The USDA Healthier US School
Challenge is a voluntary certification initiative
recognizing those schools enrolled in Team Nutrition
that have created healthier school environments
through promotion of nutrition and physical activity.
In addition to all this, behavior throughout Seward
Elementary school vastly improved. And, we created a
positive culture of fitness, health, and excellence
that continues to this day.
MR. FRAAD added that the activities mentioned were done without
the need of additional funding, and the benefits were apparent.
8:40:28 AM
GEORGE BROWN, DR., Pediatrics, stated support for the CS for SB
200(FIN), and said much of his career has been an effort to put
children into physical motion. Many complications exist, but
much of the overweight issues are due to media fixation. He
pointed out that the goals proposed can be accomplished without
a fiscal note.
8:44:02 AM
DENALI DANIELS, Consultant, stated support for the CS for SB
200(FIN), paraphrasing from a prepared statement, which read as
follows [original punctuation provided]:
I am a lifelong Alaskan born, raised and educated in
the state. I own DDA, Inc., a small consulting
business in Anchorage. DDA provides policy research
and support services to nonprofit, government and
private sector clients. We have a team of 4 and
typically handle about a dozen clients at a time.
In 2014 DDA completed Assessment of AK School
Districts Physical Education and Recess Policies on
behalf of the [Department of Health and Social
Services (DHSS)]. While my project was funded through
the state, my testimony is personal, and does not
represent the State of Alaska.
In 2004 the Child Nutrition and WIC Reauthorization
Act required School districts to develop wellness
policies as a condition for receiving federal funding
for school meals.
"Physical Activity" is component of these wellness
policy requirements
In 2010, Congress passed the Healthy, Hunger-Free Kids
Act, which led to the CDC adopting School Health
Guidelines, including the current Physical Activity
recommendations found in SB200.
2014: DDA [was] hired by DHSS to assess Alaska's
school district policies in meeting these national
requirements. The framework involved a two part
process: 1) Survey of all 54 school districts with
questions about written policies and practices
regarding PE and recess, broken out by elementary,
middle and high school; 2) Successfully collect and
analyze of existing policies (51). Policies were
scored using a methodology established by the RWJ
foundation
The purpose of this project was to gather basic
information about school district policies on PE and
recess in Alaska.
In terms of findings specific to SB200:
Only 28 of Alaska's 54 school districts, or roughly
half, have a written policy requiring PE at the
elementary or middle school levels
Of the 53 school districts with elementary schools,
only 16 included minutes in their written policies (9)
The state of Alaska does not require PE at the
elementary or middle school levels, however 43 other
states mandate PE for elementary students and 41
states at the middle school level
While many districts have written policies, few have
minutes written into them
Only 10% of districts have a written policy requiring
the recommended minutes of PE at the elementary and
middle school levels (28)
In terms of recess, 33 districts have no written
amount of time specified for recess at the elementary
level, and 50 districts have no recess requirements at
the middle school level
Anecdotally, in our communications with school
district representatives there DOES seem to be a
desire to provide more physical activity to students
School district representatives were interested in
responding to our survey and excited about providing
input about this important issue
We do believe that adopting written policies provides
school districts with higher likelihood of
implementation
After learning about Alaska's school districts
policies on PE and recess, I was thrilled to learn
that the work we produced on such a critical issue was
not collecting dust on a shelf, and I'd like to
commend Senator Costello and her staff for putting our
work into implementation through SB200.
In closing, Senate Bill 200 has my support - it
provides direction to school districts on the
importance of physical activity while still
maintaining flexibility for local decision making.
8:52:16 AM
TRAVIS HARRINGTON, Athletic Coach, testified on the CS for SB
200(FIN), and summarized the robust level of activities provided
at the school where he teaches. However, the health and
physical education (PE) requirements "butt heads" in the daily
schedule, he said, and music electives would be supplanted by
the bill requirement; representing a loss to those students.
The demands on the schedule are the issue, but allowing
intermural and interscholastic sports to satisfy the requirement
would be helpful and resolve the conflict for attending a formal
PE class. At one time elementary schools had morning,
afternoon, and a lunch recess, which may not occur today.
However, in middle and high schools, many team activities are
accessible and could count to satisfy the requirements, he
suggested.
8:56:52 AM
AMY JO MEINERS, Teacher of the Year, stated concern for the CS
for SB 200(FIN), noting that costs will be borne by the
districts. Although a fiscal note indicates zero to the
department, she maintained that there will be associated costs
locally, particularly considering the budget cuts that have
resulted in the reduction of PE teachers.
8:57:58 AM
CHAIR KELLER closed public testimony.
8:58:25 AM
REPRESENTATIVE DRUMMOND moved to adopt Conceptual Amendment 1,
as follows:
Page 1, line 6:
After "school district"
Delete "shall require"
Insert "will encourage"
After "in the district"
Delete "to include"
Insert "to provide opportunity"
8:58:44 AM
CHAIR KELLER objected for discussion.
REPRESENTATIVE DRUMMOND said this amendment satisfies a request
made by the Kenai Borough School District.
9:00:09 AM
REPRESENTATIVE TALERICO commented that a measure was adopted
locally in his district which provided an exemption clause to
physical education (PE) classes for students to use when
conforming their schedules in order to meet other graduation
credit requirements. He reported that it came with disastrous
results and did not represent an improvement to the school
system. The schedules may be tight, but the best students are
often the most active in student sports, he said, and provided a
brief anecdote of a local scholar who was also a star athlete to
underscore his support for the bill.
9:02:08 AM
REPRESENTATIVE DRUMMOND opined that at the elementary level,
where flexibility exists, this bill poses no problem, but at the
middle school and above there may be issues for scheduling and
push back on this type of requirement can be expected. The
fiscal note may be zero, but, she maintained, it will cost the
districts money. The removal of the word "require" may be the
solution.
CHAIR KELLER maintained his objection.
9:03:39 AM
A roll call vote was taken. Representative Drummond voted in
favor of Conceptual Amendment 1. Representatives Vazquez,
Spohnholz, Talerico, and Keller voted against it. Therefore,
Conceptual Amendment 1 failed by a vote of 1-4.
9:04:36 AM
REPRESENTATIVE DRUMMOND moved to adopt Conceptual Amendment 2,
as follows:
Page 2, Line 1:
Delete "because of physical disabilities or"
CHAIR KELLER objected for discussion.
9:04:54 AM
REPRESENTATIVE DRUMMOND said this is in response to today's
testifier, Ms. Skogstad, and to align with IDEA as described.
The medical reason excusal will be retained, and is congruent
with common sense.
9:05:44 AM
CHAIR KELLER pointed out that the bill authorizes the school
districts to adopt policy for the physical activity program and
the IDEA requirements are clear; negating the need to amend.
9:06:34 AM
REPRESENTATIVE SPOHNHOLZ stated support for the amendment, as a
loophole may exist. It could be important to ensure that
students with physical needs are not subject to presumptions
regarding their abilities.
9:07:34 AM
CHAIR KELLER maintained his objection, and deferred to the
sponsor.
SENATOR COSTELLO agreed with the chairs reason for objection and
said that the forthcoming departmental regulations would close
any loopholes.
9:08:23 AM
A roll call vote was taken. Representatives Spohnholz, Talerico
and Drummond voted in favor of Conceptual Amendment 2.
Representatives Vazquez, and Keller voted against it.
Therefore, Conceptual Amendment 2 was adopted by a vote of 3-2.
9:09:29 AM
REPRESENTATIVE VAZQUEZ moved to report committee substitute (CS)
for SB 200 (FIN), 29-LS1305\H, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HCS CSSB 200(EDC) was reported from
the House Education Standing Committee.
CHAIR KELLER expressed his gratitude for the committees work
throughout the legislative session and thanked the day's
participants.
9:09:47 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 9:09 a.m.
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