Legislature(1997 - 1998)
04/25/1997 03:40 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE April 25, 1997 3:40 p.m. MEMBERS PRESENT Representative Con Bunde, Chairman Representative Joe Green, Vice Chairman Representative Brian Porter Representative Fred Dyson Representative J. Allen Kemplen Representative Tom Brice MEMBERS ABSENT Representative Al Vezey COMMITTEE CALENDAR HOUSE BILL NO. 16 "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; and amending Rule 19 and repealing Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency Rules." - HEARD AND HELD HOUSE BILL NO. 213 "An Act relating to teacher certification." - HEARD AND HELD HOUSE BILL NO. 190 "An Act relating to the participating share for school construction grants; and providing for an effective date." - HEARD AND HELD (* First public hearing) PREVIOUS ACTION BILL: HB 16 SHORT TITLE: JUVENILE DELINQUENCY PROCEDURES SPONSOR(S): REPRESENTATIVE(S) KELLY JRN-DATE JRN-DATE ACTION 01/13/97 31 (H) PREFILE RELEASED 1/3/97 01/13/97 31 (H) READ THE FIRST TIME - REFERRAL(S) 01/13/97 31 (H) HES, JUDICIARY 04/25/97 (H) HES AT 3:30 PM CAPITOL 106 BILL: HB 213 SHORT TITLE: REQUIREMENTS FOR TEACHER CERTIFICATION SPONSOR(S): REPRESENTATIVE(S) KUBINA JRN-DATE JRN-DATE ACTION 03/25/97 828 (H) READ THE FIRST TIME - REFERRAL(S) 03/25/97 828 (H) HES 04/25/97 (H) HES AT 3:30 PM CAPITOL 106 BILL: HB 190 SHORT TITLE: SCHOOL CONSTRUCTION GRANT PROGRAM SPONSOR(S): REPRESENTATIVE(S) JOULE JRN-DATE JRN-DATE ACTION 03/12/97 640 (H) READ THE FIRST TIME - REFERRAL(S) 03/12/97 640 (H) HES, STATE AFFAIRS, FINANCE 04/25/97 (H) HES AT 3:30 PM CAPITOL 106 WITNESS REGISTER REPRESENTATIVE PETE KELLY Alaska State Legislature Capitol Building, Room 411 Juneau, Alaska 99801 Telephone: (907) 465-2327 POSITION STATEMENT: Sponsor of HB 16 MARGOT KNUTH, Assistant Attorney General Central Office Criminal Division Department of Law P.O. Box 110300 Juneau, Alaska 99811-0300 Telephone: (907) 465-3191 POSITION STATEMENT: Testified on HB 16 THOMAS VanBROCKLIN, Legislative Assistant to Representative Kubina Alaska State Legislature Capitol Building, Room 404 Juneau, Alaska 99801 Telephone: (907) 465-4859 POSITION STATEMENT: Testified on HB 213 REPRESENTATIVE GENE KUBINA Alaska State Legislature Capitol Building, Room 404 Juneau, Alaska 99801 Telephone: (907) 465-4859 POSITION STATEMENT: Sponsor of HB 213 DIANE CRONK P.O. Box 554 Northway, Alaska 99764 Telephone: (907) 99764 POSITION STATEMENT: Testified on HB 213 NANCY BUELL, Ed. D., Director Teaching and Learning Support Department of Education 801 West Tenth Street, Suite 200 Juneau, Alaska 99801-1894 Telephone: (907) 465-8689 POSITION STATEMENT: Testified on HB 213 DAVID REAUME, Member Juneau School Board 10746 Horizon Drive Juneau, Alaska 99801 Telephone: (907) 586-9677 POSITION STATEMENT: Testified on HB 213 REPRESENTATIVE REGGIE JOULE Alaska State Legislature Capitol Building, Room 405 Juneau, Alaska 99801 Telephone: (907) 465-4833 POSITION STATEMENT: Sponsor of HB 190 DAVID BELL, Director of Property Services Northwest Arctic School District P.O. Box 51 Kotzebue, Alaska 99752 Telephone: (907) 442-3476 POSITION STATEMENT: Testified on HB 190 JOHN ATCHAK P.O. Box 157 Chevak, Alaska 99563 Telephone: (907) 858-7712 POSITION STATEMENT: Testified on HB 190 GREG FLAST P.O. Box 157 Chevak, Alaska 99563 Telephone: (907) 858-7712 POSITION STATEMENT: Testified on HB 190 MICHAEL A. MORGAN, PMP, Manager Facilities Section Education Support Services Department of Education 801 West Tenth Street, Suite 200 Juneau, Alaska 99801-1894 Telephone: (907) 465-2891 POSITION STATEMENT: Testified on HB 190 B. A. WEINBERG, Lobbyist Kashunamiut School District Aurora Corporate Enterprises, Inc. 300 Hermit Street, Number 12 Juneau, Alaska 99801 Telephone: (907) 586-3897 POSITION STATEMENT: Testified on HB 190 ACTION NARRATIVE TAPE 97-34, SIDE A Number 0000 CHAIRMAN CON BUNDE called the House Health, Education and Social Services Standing Committee meeting to order at 3:40 p.m. Members present at the call to order were Representatives Bunde, Porter and Dyson. Representatives Kemplen, Green and Brice arrived at 3:43 p.m., 3:48 p.m. and 4:18 p.m., respectively. Representative Vezey was absent. This meeting was teleconferenced to Anchorage, Kotzebue, Mat-Su, Northway and offnet sites. HB 16 - JUVENILE DELINQUENCY PROCEDURES Number 0035 CHAIRMAN BUNDE said a quorum was not present, but they would begin to hear testimony on HB 16, "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; and amending Rule 19 and repealing Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency Rules." Number 0053 REPRESENTATIVE PETE KELLY, Sponsor of HB 16, stated that juvenile crime has become a great problem in this state and people have expressed concern about it. In November of 1995, the Governor convened a conference on youth and justice in order to find some solutions to this growing problem. This conference produced a number of recommendations for pieces of legislation including HB 6, the disclosure bill. He said HB 16 compliments HB 6 and includes a number of recommendations from that youth conference. REPRESENTATIVE KELLY explained that HB 16 authorizes; municipalities to take minors to civil court, provides for a victim/witness assistance program, a dual sentencing procedure, involves communities in the informal adjustment of the juvenile offenders, addresses some of flaws in the community service laws and increases communication between the Department of Health and Social Services (DHSS) and law enforcement. Number 0217 CHAIRMAN BUNDE asked the Administration's position on HB 16. Number 025 REPRESENTATIVE KELLY responded that, in his opinion, the Administration favored this legislation. Number 0243 MARGOT KNUTH, Assistant Attorney General, Central Office, Criminal Division, Department of Law, said she worked on youth and justice issues addressed by the Governor's Conference on Youth and Justice of which Representatives Porter and Kelly were active participants. The conference focused on low level offenders; the need to provide more consistent and predictable consequences for these juveniles and how to monitor those who were at risk of being chronic, serious offenders. She said HB 16 addresses both of those issues and the Administration endorses this bill. Number 0365 MS. KNUTH explained that in terms of low level offenders, as the state is more restricted in its funding and personnel, there needs to be a stronger focus on the serious offender. A large gap is being created in terms of responding to low level offenders. While this is happening, communities are stepping forward in order to address low level offenders, particularly those who are committing misdemeanor offenses. This provides a good opportunity for a partnership between the state and communities to make sure there are consequences. These consequences need not be particularly severe, but they must be predictable and consistent. MS. KNUTH said that HB 16 provides a couple of different approaches; it creates a civil penalty procedure that municipalities can use and it authorizes the DHSS to enter into agreements with communities about how they want to respond to low level offenses. Possible examples include youth court, village court and pre-trial type diversion panels such as are being used in the Mat-Su area. These examples provide an authority presence before which the offender makes an appearance. These systems serve as an alternative to going through the DHSS formal delinquency procedures. These programs give the juvenile a choice. He or she can either go through the traditional juvenile delinquency procedures, possibly resulting in formal juvenile adjudication, or the juvenile can choose to go through this informal process where they will not receive a criminal record and cannot be given any time in detention, but short of that they can be ordered to perform community work service, make restitution, write a letter of apology, seek counseling, work with their family and other things which bridge the distance between that juvenile and society. This process attempts to give the juvenile the opportunity to get back into mainstream society. Number 0555 MS. KNUTH stated that the other end of the spectrum are those juveniles who are at risk of becoming serious, chronic offenders. On a national level, as the number of offenses increases, states have lowered the age at which juveniles are treated as adult offenders and are given adult sentences. Studies are uncovering some problems with this approach such as a higher rate of recidivism by these juveniles. These juveniles are more likely to commit another crime, the new crime is likely to be more serious and their commission of a new offense is likely to occur faster than that of those in the juvenile system. These things can be the result of a couple factors, one of which is that we have targeted a group which is particularly egregious in their behavior and so they are self-selecting to be more serious offenders. Another factor can be that once you put the juveniles through the adult system you are putting them with some real experts at criminal offenses, creating a situation which is less rehabilitative and possibly destructive. These experiences have led to a nationwide search for an alternative. The dual sentencing provision shows the most promise of any alternative. MS. KNUTH explained that if a juvenile commits an offense that would be an automatic waiver offense if they were older or a situation occurred where the child was 16 or 17-years-old and committed a number of offenses, then they would go through the juvenile proceedings but they would also be indicted by a grand jury. When this juvenile is adjudicated, they receive both a juvenile and an adult sentence. This adult sentence hangs over their head if they do not comply with all the requirements of the juvenile sentence. These requirements include making restitution, committing no new offenses, performing whatever treatment orders were entered by the court and whatever is seen to be the restorative, rehabilitative mechanism for that child. The dual sentencing provision gives the child a sense of responsibility for staying out of the adult system. What happens would be under her or his control. This is seen as something that could motivate compliance with a juvenile sentence, something which is not currently being experienced under the current system. Number 0658 MS. KNUTH said there are questions about whether or not all the constitutional safe guards, associated with an adult criminal conviction, are included in the juvenile delinquency proceedings. She assured the committee that Alaska already provides all of those safe guards, with the exception of the right to indictment. This right was added in the state's procedure so that anybody who could be subject to dual sentencing will be indicted as is required for any adult conviction. She said that juveniles have the right to a trial by 12 jurors on all offenses, including misdemeanor offenses. Adults are only afforded the right to a 12 person jury trial in felony cases and have a six person jury in misdemeanor offenses. Number 0817 MS. KNUTH referred to the disclosure of juvenile information and explained that currently parents have the ability to go to a legislator and discuss a Child in Need of Aid (CINA) case or a delinquency case. Currently, the DHSS is not able to provide any information to the legislator about that case. There are two provisions in HB 16; one addressing delinquents and one for CINA cases. These provisions would allow information to be provided by DHSS, instead of that person only receiving one segment of information. Number 0866 CHAIRMAN BUNDE asked if this impacted federal law. Number 0872 MS. KNUTH said no, because it is a select disclosure instead of a broad based public disclosure. A clause is included in HB 16 regarding that this disclosure is done on a need to know basis. Number 0970 MS. KNUTH referred to a posted chart which showed that for the dual sentencing process, one would start with the district attorney and seek the grand jury indictment. If there is a new offense or a failure to comply after juvenile treatment, then a petition would be filed which could result in the imposition of the adult sentence including jail time. The second chart related to juvenile delinquency proceedings where two processes are available. One is called an informal adjustment and the other is the formal delinquency adjudication. The last chart explains that if you have a violation and an arrest, the city of Anchorage would use a hearing officer system resulting in an imposition of a civil penalty. Anchorage has been successful in their use of this system. She referred to a bill which would criminalize curfew violations. This violation is currently being treated through the civil penalty process. Both those who are involved in using the civil penalties and the prosecutors who don't want additional work are pleased with the civil process. Other communities do not have a civil process in place and this bill would make it available. Number 1041 REPRESENTATIVE JOE GREEN referred to dual sentencing. He asked if a person was under age 13 on the first offense and over 13-years- old on the second offense would that make any difference as opposed to having both offenses occurring after age 13. Number 1080 MS. KNUTH recollected that for the instances when dual sentencing could be used for a 13, 14 or 15-year-old, it would only take them one offense to get them there because of the severity of the crime. The 15 and 16-year-olds would have committed multiple offenses, some of which could have occurred when they were age 14 or younger. Number 1097 REPRESENTATIVE FRED DYSON asked for a definition of civil penalties. Number 1111 MS. KNUTH answered that it was fines. A person could perform community work service in lieu of the fine. The court cannot initially order community work service because of an appellate ruling which states that it is a criminal sanction, it is involuntary servitude. Number 1133 REPRESENTATIVE DYSON asked, under our existing state law or under the change made by HB 16, how restitution is enforced and what happens if the juvenile cannot do it. He asked what would happen if the parents are unable to satisfy the requirements of restitution. Number 1161 MS. KNUTH answered that the state requires offenders to sign over their permanent fund dividend (PFD) checks. This action has proven to be a source of restitution which has made a difference to a lot of victims. After that action, the offender is brought back to court and queried about not paying the restitution. There are those who cannot work or are not earning enough money. The court tries very hard to work with the offender to come up with a reasonable, realistic pay schedule. In terms of a parent's liability for a juvenile's fines or court ordered restitution, there is a statute which describes the age and amount. CHAIRMAN BUNDE stated that the parents can be responsible for restitution up to $10,000. Number 1223 REPRESENTATIVE DYSON clarified that if the parents were not immediately able to satisfy the amount, then there was a procedure to seize their present and future PFD checks and garnish wages. He asked if there was a procedure in this state allowing a parent to go through a process to divorce their child. Number 1251 CHAIRMAN BUNDE answered that you could emancipate a child, but that it is a difficult process. Number 1264 REPRESENTATIVE KELLY referred to a bill from last session, HB 387, the juvenile crime rewrite. Provisions were included were restitution could be enforced as a civil matter and after age 19 they could still be held liable. Number 1287 REPRESENTATIVE DYSON referred to an example in Anchorage where they were getting juveniles to clean up graffiti. He assumed that we could not force them to clean it up. However the perpetrator could agree to it at the time of adjudication and then it would be okay. Number 1310 MS. KNUTH explained that if you are in a criminal proceeding, then this type of service can be ordered. The appellate court decision regards instances when you are in a civil proceeding, agreed to by the juvenile, in lieu of a criminal proceeding. "The only time the court cannot order and at this point it's only been community work service that is generic work as opposed to clean up what you did, is in the civil that that it's a civil, I'm going to say prosecution and, and that's what it started out being and that's all you're, you're trying for." Number 1352 REPRESENTATIVE BRIAN PORTER mentioned that the emancipation of the child is a difficult process. The child has to be capable of independent emancipation as determined by the court. CHAIRMAN BUNDE stated that it is a separate court proceeding. Number 1372 MS. KNUTH said she grew up in California where there was a process, called incorrigibility, where a parent could sign responsibility for the child over to the state because the parent no longer felt they could control or be responsible for the child. The child might still be placed with the parent, but the parent would be relieved of this type of responsibility. She cited a personal example where she is the guardian for her 17-year-old nephew and said that Alaska does not have a similar proceeding. Number 1403 REPRESENTATIVE PORTER made a motion to adopt the committee substitute, Chenoweth, dated April 24, 1997, as the working document. Hearing no objections CSHB 16(HES) was before the committee. Number 1420 CHAIRMAN BUNDE asked about a fiscal note. REPRESENTATIVE KELLY said language was purposefully pulled out of HB 16 to prevent a fiscal note. Number 1438 MS. KNUTH stated that there is not currently a fiscal note and she did not anticipate a fiscal note on this draft. Number 1464 REPRESENTATIVE PORTER asked if the victim/offender mediation program would still be available. Number 1500 CHAIRMAN BUNDE stated that this was the first time this bill was heard and is the tradition of the committee it would be held to give members a chance to review the bill. HB 213 - REQUIREMENTS FOR TEACHER CERTIFICATION Number 1530 CHAIRMAN BUNDE announced the next item on the agenda was HB 213, "An Act relating to teacher certification." Number 1555 THOMAS VanBROCKLIN, Legislative Assistant to Representative Kubina, stated that Representative Kubina would arrive shortly. Number 1584 REPRESENTATIVE GENE KUBINA, Sponsor of HB 213, referred to the early retirement bill which passed last year allowing many teachers to retire early. He mentioned a Fairbanks news article about their school district authorizing their administration to put together a recruitment team to look for teachers in the Lower 48. He was bothered by this because there are roughly a thousand people on the teacher placement list at the University of Alaska-Fairbanks (UAF). He sought information on this subject. One person, a supporter of the university system, told him that UAF doesn't put out good teachers. No one wants to hire those teachers. REPRESENTATIVE KUBINA explained that HB 213 is similar to a system that he went through in California. A person has to get a degree in something other than teaching, then they apply to the university's department of education. Once accepted, the student would do a year consisting of two semesters of methods classes and student teaching. The student teaching would consist of one semester in one school under one master teacher and the second semester in another school under another master teacher. He stated that he learned more while student teaching than he did from methods classes. You really learn to be a teacher by teaching. Number 1738 REPRESENTATIVE KUBINA felt that the state needed to demand more of students getting a teaching degree through the state university system and it should be done early. He stated that this process would take an extra year for those just wanting to become teachers. For people with a degree, who then decide they want to teach, they would only need nine months. He felt it might help people who have worked through a career, have degrees and want to come into the system for a short, but intense period of time. He didn't think that it was right to have people graduating from university, certified to teach school, that aren't wanted. Number 1811 CHAIRMAN BUNDE commented that he got a teaching degree in a state where they required a fifth year, within the first few years of teaching. He asked what area of specialization or degree would a potential teacher get in order to teach elementary education. Number 1837 REPRESENTATIVE KUBINA said that elementary teachers instruct every subject, but usually at a lower level. A person should have a degree in a basic subject area; whether it is math, science or something else. He stated that his degree was in social sciences with an emphasis in economics. When potential teachers took their methods classes, they would be focusing on elementary school education including reading or math. He felt the type of degree should not be restricted. Number 1880 CHAIRMAN BUNDE asked if HB 213 would require the same amount of methods classes as is found in the current system. Number 1896 REPRESENTATIVE KUBINA was not sure how many methods hours are currently required. Number 1899 CHAIRMAN BUNDE mentioned the difficulty of placing student teachers. He commented that it was interesting that no one from the university was here. Number 1905 REPRESENTATIVE KUBINA said he has had discussions with various university staff from the different universities. He said the universities have different requirements for teaching degrees. The Southeast program is well on the way to becoming something closer to what HB 213 would propose. The university staff wanted him to postpone hearing this bill for a week in order to prepare comments. He wanted to present it to the committee in order to get comments on the bill. Number 1961 REPRESENTATIVE GREEN asked if the required degree would have something at least associated with what you would ultimately be teaching. Number 2019 REPRESENTATIVE KUBINA answered that Alaska does not statutorily require that a teacher teach in their field, possibly because of the size of schools. He cited a personal example where he taught outside his area of specialty which is sixth grade. He felt that beginning in junior high, the state should tighten this leniency so that people are teaching in their fields of instruction. He stated that special education programs require a masters degree with specialties. Number 2058 CHAIRMAN BUNDE reminded the committee that the House passed a teacher competency test, requiring basic teacher competencies. He stated that if the local school board chooses to have them teach a subject outside their area of expertise, then this was an issue of local control. Number 2074 REPRESENTATIVE KUBINA felt there should be testing before these potential teachers entered the programs. Number 2092 CHAIRMAN BUNDE pointed out that, at least at the University of Alaska-Anchorage, there are some entrance requirements. Number 2104 REPRESENTATIVE PORTER asked what classes now constitute an education degree which would not be given under a one year methods course. Number 2160 DIANE CRONK, student, testified next via teleconference from Northway. To become an elementary school teacher she has to take an introduction to education, child psychology, a class for special learners, two classes in math for elementary school teachers, diagnosis and evaluation of learning, communication and cross cultural classrooms, literature for children, art education, teaching physical education and electives such as philosophy of education. She felt HB 213 was okay for high school teachers, but it was not appropriate for elementary school teachers. As a parent she would want the best teachers for her children, not necessarily teachers from Alaska. MS. CRONK referred to the rural Alaskan program to encourage rural Alaskans to get a teaching degree to return to their rural areas and teach. She said they would not be able to get a degree in anything except for rural development and education. Number 2227 NANCY BUELL, Ed. D., Director, Teaching and Learning Support, Department of Education, said her division includes teacher certification. On behalf of the department, they support any attempt to raise teaching standards. The commissioner has stated in the past months that they have been working to raise teaching standards in Alaska. This piece of legislation represents one kind of bill for doing that. Number 2262 DAVID REAUME, Member, Juneau School Board, explained that he was not necessarily speaking on behalf of the school board. He supported the theme behind HB 213. He felt the first thing that a degree in a subject grants to a system is teachers with higher academic qualities. He referred to a table listing various undergraduates and their degrees, ethnicity and their scores on the graduate record examination (GRE). People with teaching degrees scored last, probably because they aren't well trained in the types of things tested by the GRE. TAPE 97-34, SIDE B Number 0000 MR. REAUME felt that the type of student who goes into the field and the training were involved in the GRE results. The scores could be lower because the subject material isn't really being studied and possibly because the individuals entering the field may not have as high an aptitude as others. Lower Scholastic Aptitude Test (SAT) results are also found in those who go on to receive teaching degrees. Number 0246 MR. REAUME stated the second advantage of HB 213 would be to raise overall standards. People who know a lot about a subject demand more of their students than people who don't know very much about it. A third thing which would happen is that teachers, who are more knowledgeable in their subject, are better able to assist their students to learn. If teachers cannot clarify the ambiguities of textbooks, if their knowledge is such that they are dependent on the textbook then there are serious problems in the classroom. Students become reluctant to ask questions because they are perceived as challenging the teacher. MR. REAUME explained that HB 213 would dramatically change the culture in the schools. He has observed that at the University of Alaska and the school system in Juneau, there are two hallmarks of people who come out of education schools with a principle degree in education. One of these hallmarks is a tendency to argue from authority and the second is to use theory without bothering to see what the empirical results are. Number 0410 MR. REAUME stated that United States students do poorly on international exams. Students in Juneau, Anchorage and Fairbanks score slightly above the national average on the California Achievement Test (CAT) and the Iowa Tests of Basic Skills. Students are roughly at the national average, but the national average isn't so hot internationally. At a minimum level, a well educated person should be able to do well on a standardized test. MR. REAUME said studies have endorsed the concept that a teacher must be well trained in a subject if they are going to teach the subject well. He mentioned the varying meanings of the word subject. Some feel that a science degree is a subject without an emphasis in a particular area of science such as physics. Number 0658 MR. REAUME said 63 percent of high school math classes are taught by individuals who did not have a minor in the field. The vast majority of the classes are being taught in Anchorage, Fairbanks, Juneau, Kenai and Ketchikan. As of 1991, Alaska did not value having people in our high school classes who were trained in the subject they were teaching. Number 0771 REPRESENTATIVE PORTER asked if this accounted for those who might have received an endorsement based on the credits they took subsequent to their graduation. Number 0786 MR. REAUME answered that if they received credits, then he assumed that it would have been covered. REPRESENTATIVE PORTER stated that it would not have been reflected by their minor in college. Number 0793 MR. REAUME clarified that whatever definition considered was used in every single state. Unless Alaska is peculiar in having many more people picking up credits after they enter teaching, then it should not change the fact that we are last in the nation. Number 0841 REPRESENTATIVE DYSON stated that he has heard frequent comments that the methods course, while valuable, are amongst the most boring and poorly taught. There is consistent grade inflation, particularly among the soft sciences and arts, that begins to destroy the goal of excellence. Number 0920 MR. REAUME stated that grade inflation is part of what goes on when individuals in the classrooms are not terribly well trained in the subject they are teaching. This situation is also the product of other aspects of educational objectives. Emphasis is placed in our school system to help out the worst students. Teachers pass students who are not ready to pass. The Juneau School District policy is to flunk no one, no matter how badly they do unless there is some special request from the parents and the school people agree to it. This is called social promotion. Number 0970 MR. REAUME explained that current research suggests that the United States does not hire the best teachers, if best teachers are defined by their accomplishment in college and the quality of the school they attended. He felt that we must change the culture in the schools and change the things that are looked for when teachers are hired. He strongly endorsed the sentiment behind HB 213. Number 1046 REPRESENTATIVE PORTER asked if he would apply this philosophy to kindergarten through twelfth grade or just to high school. Number 1050 MR. REAUME felt the HB 213 concept was correct for high school. Changing the requirement to a minor in a subject would make a lot of sense for teachers in the sixth through eighth grade level. The elementary level is an area where he would do the least amount of tinkering. Number 1087 CHAIRMAN BUNDE commented that the elementary level has the greatest impact on future learners. Number 1099 REPRESENTATIVE GREEN cited a personal experience where a teacher's enthusiasm made him learn a subject that was personally difficult. MR. REAUME responded that you can't get excited about a subject unless you really know your subject well. CHAIRMAN BUNDE stated that this is the first time this bill was heard and it will be held for further testimony. HB 190 - SCHOOL CONSTRUCTION GRANT PROGRAM Number 1152 CHAIRMAN BUNDE announced the next item on the agenda as HB 190, "An Act relating to the participating share for school construction grants; and providing for an effective date." Number 1167 REPRESENTATIVE REGGIE JOULE, Sponsor of HB 190, explained that when a school district meets the listed criteria the commissioner will waive the required match for school construction projects. The three criteria include: the assessed valuation per average daily membership of $200,000 or less, currently in statute; have an unemployment rate of at least 10 percent; the average per capita income of the district is 85 percent or less of the statewide average per capita income. This criteria attempts to identify what factors would best indicate districts with economic situations leaving them with little ability to generate cash for their local match. REPRESENTATIVE JOULE stated that HB 190 sets the stage so that a district can see new construction and/or have the issue of deferred maintenance addressed. The school district will not feel that because they cannot meet this required match amount they would never see a project in their district. Number 1270 DAVID BELL, Director of Property Services, Northwest Arctic School District, testified next via teleconference from Kotzebue. He explained there were 12 village sites with 25 educational facilities. The newest building is seven-years-old and the oldest is 41-years-old. Two buildings have had structural failures this year. A six year plan has been updated and sent to the borough. This plan includes major maintenance items, renovation items and construction items for new schools. Currently the list represents $66 million worth of items with a local contribution of $6.6 million. The school district does not have funds within its normal operational budget to take care of these problems and so they are deferred to the borough. The borough has a difficult time meeting the local match contribution for some of the larger projects. Number 1402 REPRESENTATIVE GREEN referred to the unemployment rate of 10 percent or higher. He asked if this would be measured on an average annual rate. Number 1415 REPRESENTATIVE JOULE answered that it would be based on the Department of Labor employment statistics, the average annual. Number 1422 REPRESENTATIVE GREEN referred to an area that has a per capita income of its residents at 85 percent or lower than the state average. He thought some rural areas might have both a cash and a barter economy. He wondered if this fact might skew the criteria in favor of rural areas. Number 1460 REPRESENTATIVE JOULE said the criteria would only be based on a cash economy. Number 1487 JOHN ATCHAK testified next via teleconference from Chevak. He stated that they have been talking about this for more than six years. The first school was built in 1951 and is still in use. Some student housing is needed, there is a separation between the buildings and this is why a new school is needed. Number 1614 GREG FLAST (Ph.) testified next via teleconference from Chevak. He said there are more enrollees in the kindergarten then the number of the graduating class. The current school was built for 180 enrollees and now there are 247 students enrolled in the school. The proposed construction consists of a cost of over $20 million, requiring a $500,000 local match. There are no revenues in Chevak which would fund this $500,000 match. Number 1717 MR. ATCHAK discussed the condition of the school and the separation of the buildings. He said there is no sprinkler system in the schools. At least 5 to 10 percent of students would get hurt or die because of trampling for lack of fire escape routes, inadequate classrooms and hallways. The plumbing in the building is so deteriorated that the water is unfit for human consumption. There is too much iron and manganese in the plumbing. Number 1904 CHAIRMAN BUNDE turned the gavel over to Representative Green. Number 1916 REPRESENTATIVE PORTER stated that the section of statutes, that HB 190 replaces, currently allows the commissioner to waive the requirement for a participating share in situations where a community can't meet it. REPRESENTATIVE JOULE clarified that the current language is "may" and HB 190 would change it to "shall". REPRESENTATIVE PORTER asked if he could obtain information regarding denials. Number 1950 REPRESENTATIVE DYSON felt that most communities outside of the railbelt have a 10 percent unemployment rate. Number 1972 REPRESENTATIVE JOULE pointed to information listing the 20 districts which would meet all three criteria. He said if an expanded version of unemployment statistics were used, then probably more districts would qualify. The unemployment figures change, year to year, so one year a district may qualify and the next year they might not qualify depending on their level of activity. Currently, 20 of the existing districts meet the criteria. It recognizes that there are villages within other districts who don't make it. Number 2019 REPRESENTATIVE GREEN presented a scenario where District A qualified one or two years allowing construction to begin without requiring a match, but then the next three years District A did not meet the criteria. Number 2038 REPRESENTATIVE JOULE explained that there are two issues involving capital dollars and accessing them; potential school construction and major deferred maintenance. He said the criteria for some of these districts will probably not change, but he did not know how to answer this particular situation. Number 2063 REPRESENTATIVE GREEN asked if the intent was to increase the amount of funding or to reallocate the finite amount of money available. Number 2081 REPRESENTATIVE JOULE stated that Chevak cannot meet the 2 percent matching requirement, consisting of $500,000. Chevak could not meet the match for deferred maintenance. This bill states that these areas that meet the three criteria have very little cash. These areas probably have a local sales tax and some of the slack is attempted to be taken up by government assistance, but there really isn't a tax base. He stated that 85 percent of the population is under that income per capita, the community has double digit unemployment and there is devaluation. The intent of this legislation is to offer those communities, who need construction or deferred maintenance, some encouragement that they would be able to complete some needed projects. He said a 41-year- old building is going to become a 60 and 70-year-old building if communities cannot come up with the local match. Number 2168 REPRESENTATIVE PORTER referred to a bill which would change the formula to allow other kinds of participation including land. TAPE 97-35, SIDE A Number 0000 MICHAEL A. MORGAN, PMP, Manager, Facilities Section, Education Support Services, Department of Education, stated that there is a current department regulation which allows an in-kind contribution by districts where labor, equipment materials or land can be used to meet the local match requirement. REPRESENTATIVE GREEN clarified that this is an existing regulation. Number 0043 REPRESENTATIVE JOULE explained that the contractors have issues of liability, in terms of people getting out there to volunteer their work. People will expect to get paid for specialty work, especially in places where there is high unemployment. He thought that this was a potential avenue, but there are also issues of liability, recognizing that the contractors and construction people are coming in from the urban areas of the state and would have insurance considerations. Number 0161 B. A. WEINBERG, Lobbyist, Kashunamiut School District, said legislation providing a local share contained a provision allowing the commissioner to grant a waiver. The department's policy on granting waivers is so restrictive that it is virtually impossible to get a waiver. To the best of his knowledge, a waiver has never been granted. The school district he represents has simply stopped asking for waivers. MR. WEINBERG explained that local governments with little property wealth, low income and high unemployment are already strained to provide the most basic kinds of public services. The burden of the local share would cause those meager services to be reduced even further. MR. WEINBERG stated that the Kashunamiut is number one on the 1998 priority list. The current school is documented to be a life safety hazard, it is educationally inadequate and is at 189 percent of capacity in terms of enrollment. He said 98 percent of those students are Alaska Natives, 84 percent have limited English proficiency and 79 percent live below the poverty level. If this project were to be funded, the school district would have to come up with approximately $484,000. The only practical place this money could come from is the operating budget. There are in-kind methods of funding, but as a practical matter a contractor is not going to be able to put in a bid based on the fact that he is going to get $500,000 in volunteer labor. The school district has been negotiating with the DOE for about three years to use land in lieu of their participating share. Those negotiations are still inconclusive. Based on what has been said, the school district has no expectation that the land will be allowed. The only practical place for that money to come from is out of the operating budget. Number 0394 REPRESENTATIVE GREEN suggested that it was difficult to incorporate manpower into a construction or a renovation project, but added that it could be a possibility. Number 0481 REPRESENTATIVE JOULE answered that this is a real dilemma. There is a school in his district which used to be at the top of the list of needs. He said when it was at the top, the Northwest Arctic Borough School District couldn't come up with the required match. Since then, this school has dropped down to number five. This school has the library in the hall and the high school is in a building without restroom facilities. He said there are schools like this throughout the rural areas. Number 0531 REPRESENTATIVE PORTER clarified that the plan in Chevak would be to create a replacement facility. He suggested that demolition could be possible and labor from the village could be utilized. Number 0566 MR. WEINBERG explained that the existing facility belongs to the state. The school district's position would be to turn over the existing building to the state. The state could demolish it, give it away or whatever. The new school is intended for a separate space. Number 0584 REPRESENTATIVE PORTER suggested that if it were slated for demolition, labor used to demolish it could be used as a cost for the project. ADJOURNMENT There being no further business to conduct, REPRESENTATIVE GREEN adjourned the meeting of the House Health, Education and Social Services Standing Committee at 5:22 p.m.
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