Legislature(2003 - 2004)

04/03/2003 05:10 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                         April 3, 2003                                                                                          
                           5:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Lyda Green, Vice Chair                                                                                                  
Senator Gary Wilken                                                                                                             
Senator Bettye Davis                                                                                                            
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 30                                                                                                              
"An  Act  relating  to  information  and  services  available  to                                                               
pregnant women  and other persons; and  ensuring informed consent                                                               
before an abortion  may be performed, except in  cases of medical                                                               
emergency."                                                                                                                     
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 107                                                                                                             
"An Act  relating to the  state centralized  correspondence study                                                               
program,  to   funding  for   educational  programs   that  occur                                                               
primarily outside school facilities, and  to the duties of school                                                               
boards  of  borough  and  city   school  districts  and  regional                                                               
educational  attendance areas;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     MOVED SB 107 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 105                                                                                                             
"An  Act   relating  to  eligibility  requirements   for  medical                                                               
assistance for  certain children, pregnant women,  and persons in                                                               
a medical  or intermediate  care facility;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
SENATE BILL NO. 110                                                                                                             
"An Act relating to admission to and advancement in public                                                                      
schools of children under school age; and providing for an                                                                      
effective date."                                                                                                                
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                              
SB 30 - See HESS minutes dated 3/17/03 and 3/26/03.                                                                             
                                                                                                                                
SB 107 - No previous action to record.                                                                                          
                                                                                                                                
SB 105 - See HESS minutes dated 3/26/03.                                                                                        
                                                                                                                                
SB 110 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Mari Galreave                                                                                                               
1429 Hans Way                                                                                                                   
Fairbanks AK 99707                                                                                                              
POSITION STATEMENT: Commented on SB 30.                                                                                       
                                                                                                                                
Ms. Ruth Abbott                                                                                                                 
HC 60, Box 4225                                                                                                                 
Delta Junction AK 99737                                                                                                         
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Dr. Bob Johnson                                                                                                                 
PO Box 945                                                                                                                      
Kodiak AK 99615                                                                                                                 
POSITION STATEMENT: Opposed SB 30.                                                                                            
                                                                                                                                
Ms. Cyndi Saunders                                                                                                              
6400 Woodmont Dr.                                                                                                               
Anchorage AK 99516                                                                                                              
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Ms. Cassandra Johnson                                                                                                           
10171 Betula Dr.                                                                                                                
Anchorage AK 99507                                                                                                              
POSITION STATEMENT: Opposed SB 30.                                                                                            
                                                                                                                                
Ms. Amy Menard, Atty.                                                                                                           
19000 Hill Rd.                                                                                                                  
Anchorage AK 99516                                                                                                              
POSITION STATEMENT:  Opposed SB 30.                                                                                           
                                                                                                                                
Ms. Jennifer Esterl                                                                                                             
Alaska Civil Liberties Union                                                                                                    
PO Box 742                                                                                                                      
Girdwood AK 99587                                                                                                               
POSITION STATEMENT: Opposed SB 30.                                                                                            
                                                                                                                                
Dr. Kathy Todd                                                                                                                  
PO Box 1829                                                                                                                     
Valdez AK 99686                                                                                                                 
POSITION STATEMENT:  Opposed SB 30 and SB 107.                                                                                
                                                                                                                                
Ms. Virginia Phillips                                                                                                           
404 Lake Street                                                                                                                 
Sitka AK                                                                                                                        
POSITION STATEMENT:  Supported SB 30.                                                                                         
                                                                                                                                
Ms. Eileen Becker                                                                                                               
Pregnancy Care Center                                                                                                           
Box 2                                                                                                                           
Homer AK 99603                                                                                                                  
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Ms. Jennie Grimwood                                                                                                             
PO Box 2132                                                                                                                     
Cordova AK 99574                                                                                                                
POSITION STATEMENT:  Supported SB 30.                                                                                         
                                                                                                                                
Dr. Colleen Murphy, OB/GYN                                                                                                      
Anchorage AK                                                                                                                    
POSITION STATEMENT: Opposed SB 30.                                                                                            
                                                                                                                                
Ms. Debbie Joslin                                                                                                               
Delta Junction AK                                                                                                               
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Ms. Eva Small, R.N.                                                                                                             
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Mr. John Monagle, President                                                                                                     
Alaskans for Life                                                                                                               
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported SB 30.                                                                                          
                                                                                                                                
Dr. Carolyn Brown                                                                                                               
No address provided                                                                                                             
POSITION STATEMENT:  Opposed SB 30.                                                                                           
                                                                                                                                
Ms. April Ferguson                                                                                                              
PO Box 202869                                                                                                                   
Anchorage AK 99520                                                                                                              
POSITION STATEMENT:  Opposed SB 30.                                                                                           
                                                                                                                                
Mr. Eddy Jeans, Manager                                                                                                         
School Finance and Facilities Section                                                                                           
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT: Supported SB 107.                                                                                         
                                                                                                                                
Ms. Nancy Wladyka                                                                                                               
Sitka AK                                                                                                                        
POSITION STATEMENT:  Opposed SB 107.                                                                                          
                                                                                                                                
Ms. Paula Williams                                                                                                              
No address provided                                                                                                             
POSITION STATEMENT:  Opposed SB 107.                                                                                          
                                                                                                                                
Ms. Nancy Richar                                                                                                                
No address provided                                                                                                             
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Victoria Martin                                                                                                             
530 E 46th Pl.                                                                                                                  
Anchorage AK 99503                                                                                                              
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Mr. Sean Ruddell                                                                                                                
530 E 46th Pl.                                                                                                                  
Anchorage AK 99503                                                                                                              
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Haley Ruddell                                                                                                               
530 E 46th Pl.                                                                                                                  
Anchorage AK 99503                                                                                                              
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Laurell Clough                                                                                                              
7303 N. Douglas Hwy.                                                                                                            
Juneau AK 99801                                                                                                                 
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Mr. John Paden, Counselor                                                                                                       
Alyeska Central School                                                                                                          
8606 Evergreen Park Rd.                                                                                                         
Juneau AK 99801                                                                                                                 
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Cecilia Miller                                                                                                              
PO Box 22627                                                                                                                    
Juneau AK 99802                                                                                                                 
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Katie Bousler                                                                                                               
1501 5th St.                                                                                                                    
Douglas AK 99824                                                                                                                
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Aran Felix                                                                                                                  
3970 N. Douglas                                                                                                                 
Juneau AK 99801                                                                                                                 
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Shawna Thompson                                                                                                             
7036 Linden Circle                                                                                                              
Anchorage AK 99502                                                                                                              
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Kym Wolcott                                                                                                                 
PO Box 1023                                                                                                                     
Willow AK 99688                                                                                                                 
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Unidentified speaker                                                                                                            
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Mr. Mike Jeffery                                                                                                                
PO Box 808                                                                                                                      
Barrow AK 99723                                                                                                                 
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Ms. Gayle Goedde                                                                                                                
ACS teacher                                                                                                                     
113 5th Street                                                                                                                  
Douglas AK 99824                                                                                                                
POSITION STATEMENT: Opposed SB 107.                                                                                           
                                                                                                                                
Mr. Kevin Sweeney, Special Assistant                                                                                            
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT: Supported SB 107.                                                                                         
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-15, SIDE A                                                                                                            
                                                                                                                                
         SB  30-ABORTION: INFORMED CONSENT; INFORMATION                                                                     
                                                                                                                                
CHAIR FRED DYSON  called the Senate Health,  Education and Social                                                             
Services  Standing  Committee  meeting  to  order  at  5:10  p.m.                                                               
Present were SENATORS  GUESS and DAVIS. He announced SB  30 to be                                                               
up for  consideration. He explained  that the new version  adds a                                                               
new  section   to  legislative   findings,  recommended   by  the                                                               
Department of  Law that explains the  state's compelling interest                                                               
in  regulating this  issue. Section  2  of the  bill directs  the                                                               
Department  of Health  and Social  Services (DHSS)  to develop  a                                                               
free pamphlet to assist pregnant  women in their choices. Doctors                                                               
are not  required to use the  pamphlet, but they are  offered the                                                               
option and  can supply whatever  other information they  want to.                                                               
This version  (Q) also  elevates informed  consent, which  was in                                                               
regulation,  to   statute  and  adds  to   the  current  abortion                                                               
reporting  requirement whether  or  not the  client received  the                                                               
pamphlet.                                                                                                                       
                                                                                                                                
SENATOR BETTYE  DAVIS moved to adopt  the CS to SB  30, version Q                                                               
for purposes of discussion. There were no objections.                                                                           
                                                                                                                                
MS. MARI  GALREAVE, Fairbanks medical  professional, said  that a                                                               
fetus is  not an unborn child  unless you subscribe to  a certain                                                               
religion.  In her  religion, the  soul  enters the  body 40  days                                                               
after conception.  Her point  is to  keep religion  separate from                                                               
abortion rights. She stated, "If  the new pamphlet uses the words                                                               
'unborn child,'  it is harassment.  Don't legislate  what someone                                                               
should say in the new pamphlet."                                                                                                
                                                                                                                                
SENATOR WILKEN arrived at 5:15 p.m.                                                                                             
                                                                                                                                
MS. RUTH  ABBOTT testified  on behalf of  a local  Delta Junction                                                               
charity  and  said,  "Women  should insist  on  being  given  the                                                               
respect of being  provided with all the  information necessary to                                                               
make  an  informed decision  as  is  mandatory  in all  of  their                                                               
medical procedures."                                                                                                            
                                                                                                                                
DR.  BOB JOHNSON,  Kodiak, said  he  is a  retired physician  and                                                               
while  he was  practicing, he  did  abortions. He  has plenty  of                                                               
experience talking to women about  their decisions and responding                                                               
to their  questions about  the procedure and  believes this  is a                                                               
highly private  matter. Women have  the right to  know everything                                                               
they  want to  know  and  everything they  should  know and  that                                                               
applies to any procedure that is performed on them. He noted:                                                                   
                                                                                                                                
     For the  Legislature to make  the assumption  that they                                                                    
     know  what women  should ask  is presumptuous.  I think                                                                    
     they do  have the right  to know anything they  want to                                                                    
     know and they should be able  to ask and they should be                                                                    
     able to learn what they need to learn....                                                                                  
                                                                                                                                
DR.  JOHNSON explained  that he  scheduled four  appointments for                                                               
each  abortion. The  first one  was  to help  decide whether  the                                                               
patient  had made  an  appropriate decision;  the  second was  to                                                               
answer questions  about the  procedure as well  as its  short and                                                               
long-term effects. In his experience,  he found none of the short                                                               
and long  term effects publicized  by the Right-to-Life  group to                                                               
be factual.                                                                                                                     
                                                                                                                                
MS. CYNDI  SAUNDERS said she  wanted both  men and women  to know                                                               
the truth about the pain,  guilt and relationship problems that a                                                               
20 to  30 minute  procedure can  have on the  rest of  a person's                                                               
life. She  is sad that she  had the procedure three  times and no                                                               
one told her  how she would feel  30 or 40 years later  or how it                                                               
would affect her children that are alive today.                                                                                 
                                                                                                                                
MS. CASSANDRA  JOHNSON said  the main purpose  of the  wording in                                                               
the proposed pamphlet  is to intimidate women and  make them feel                                                               
guilty for exercising  their rights. Aside from  being an attempt                                                               
to  withdraw women's  rights, there  are  several other  problems                                                               
with the  bill. First,  the Legislature  has no  business telling                                                               
doctors  the specifics  of  what they  can  tell their  patients.                                                               
Doctors are already bound by  standards of practice which include                                                               
complete and  unbiased information about medical  procedures, and                                                               
insures that  any patient  truly consents  to the  procedure they                                                               
are   about  to   undergo.   There  is   no   need  for   special                                                               
information/consent  for an  abortion. The  proposed "counseling"                                                               
material  is  clearly   biased  and  includes  a   lot  of  other                                                               
information    about    pregnancies    and    possible    serious                                                               
complications.                                                                                                                  
                                                                                                                                
MS. AMY MENARD said she is  an attorney primarily for health care                                                               
delivery,   medical   licensing   and   liability   issues.   She                                                               
recommended that  the committee  table this  bill, because  it is                                                               
contrary  to  existing Alaska  law  and  its  need has  not  been                                                               
demonstrated. She maintained:                                                                                                   
                                                                                                                                
     As  a matter  of Alaska  law, abortion  like any  other                                                                    
     medical   treatment  or   procedure,  always   requires                                                                    
     informed consent under AS 09.55.556.  That has been law                                                                    
     for 27 years.  This law guarantees not  only that women                                                                    
     have  a right  to information  about medical  care, but                                                                    
     that  all   Alaskans  do.  Moreover,  the   content  of                                                                    
     informed consent  is covered ethically by  the American                                                                    
     Medical  Association's code  of ethics.  Code provision                                                                    
     8.08  already  directs  physicians and  their  informed                                                                    
     consent obligation to their patient.                                                                                       
                                                                                                                                
     The so-called findings as articulated  at the outset of                                                                    
     the  bill  are  patently  wrong.  This  bill  does  not                                                                    
     promote   judicial   economy   nor  will   it   provide                                                                    
     clarification  for physicians.  It's actually  contrary                                                                    
     to the  rubric of [indisc.].  And what this  bill does,                                                                    
     particularly with  its informed consent  provisions, it                                                                    
     decrees a  double standard  for physicians  who provide                                                                    
     abortion  services contrary  to those  who do  not. The                                                                    
     creation  of  this  pamphlet and  the  language  that's                                                                    
     supposed to be added to  the bill, and I'm referring to                                                                    
     subsection (h) that would be  under Title 18.16.010, is                                                                    
     contrary to  existing law as it  regards physicians and                                                                    
     their  practices.  Decreeing  [indisc.]  language  with                                                                    
     regard to informed consent that  is contrary to what is                                                                    
     already called for under Title 9.                                                                                          
                                                                                                                                
     This law is  poorly written and unsupported.  As far as                                                                    
     the findings articulated, it  will not clarify anything                                                                    
     for  physicians and  it will  guarantee litigation  for                                                                    
     the state.                                                                                                                 
                                                                                                                                
MS.  JENNIFER ESTERL,  Alaska Civil  Liberties Union,  opposed SB
30;  one  reason  being  the   extra  mandatory  counseling  that                                                               
includes  irrelevant  medical information.  Mandatory  extraneous                                                               
lectures  do  not  give  women  accurate  or  meaningful  medical                                                               
information;  they put  words in  doctors' mouths  and involve  a                                                               
litany of conceivable pros and  cons even when those alternatives                                                               
are not in  the patient's best interest and, worse  yet, may even                                                               
harm her. Women  who are seeking prenatal care in  order to carry                                                               
a pregnancy to term should not  be forced to waste time and money                                                               
listening  to a  diatribe about  their options  and alternatives.                                                               
She informed them  that the risk of carrying  a pregnancy through                                                               
to childbirth is 20 times greater  than that of a first trimester                                                               
abortion.                                                                                                                       
                                                                                                                                
Second, this  bill refers to possible  psychological effects that                                                               
have  been  associated  with  having  an  abortion.  Substituting                                                               
politicians'  judgments  to that  of  doctors'  is misleading.  A                                                               
1987-88  investigation  by the  attorney  general  of the  United                                                               
States (who  was not  a champion  of choice)  and a  World Health                                                               
Organization study state there is  no medical evidence that shows                                                               
abortion causes psychological injury.                                                                                           
                                                                                                                                
Third, requiring physicians to  deliver extraneous lectures makes                                                               
access to  quality reproductive health  care much  more difficult                                                               
and expensive.  Informed consent is already  required for medical                                                               
procedures.  "This  bill  is  designed to  make  a  woman's  very                                                               
personal decision even more difficult...."                                                                                      
                                                                                                                                
DR. KATHY TODD  said she is a practicing physician  in Valdez and                                                               
opposes SB 107 for all  the reasons previously stated. Women come                                                               
to her already  having very carefully considered  their options -                                                               
having talked  to their significant others,  their friends, their                                                               
pastors and  another physician sometimes. They  need other health                                                               
information by the  time they see her. She  stated that sometimes                                                               
24-hours is  a long time  and means  an extra journey  for people                                                               
who live  100 miles  from her  office - and  this happens  a lot.                                                               
Evidence shows  that informed consent  issues are  best discussed                                                               
with  social  workers  and  specially  trained  nurses,  not  the                                                               
physician. It  has also  been proven that  people won't  read any                                                               
pamphlet that is more than two pages long.                                                                                      
                                                                                                                                
MS. VIRGINIA  PHILLIPS said that  SB 30 is desperately  needed in                                                               
Alaska. She explained,  "Most of the time a woman  is not told of                                                               
her options. A  24-hour waiting period is needed to  give a woman                                                               
time to evaluate all her options along with the consequences."                                                                  
                                                                                                                                
She  said  that  most  women  don't  realize  that  the  National                                                               
Physicians  Center for  Family and  the  [indisc.] Cancer  Center                                                               
have acknowledged  there is an  abortion-breast cancer  link. She                                                               
surmised, "The state has a  compelling interest to pass this bill                                                               
to protect a woman's physical, mental and emotional health...."                                                                 
                                                                                                                                
MS.  EILEEN  BECKER said  she  has  five  children and  has  been                                                               
involved with the  Homer Pregnancy Care Center for  15 years. She                                                               
stated that  in a recent article,  she read that only  24 percent                                                               
of women who have abortions  don't have regrets or after effects.                                                               
About 10 million women in  American regret their decision and, in                                                               
the last 30  years, 40 million babies have been  aborted. One out                                                               
of every  four women in American  has had an abortion,  very high                                                               
numbers. Post  abortion syndrome  is an  actual feeling  that she                                                               
helps women deal with at the Homer Pregnancy Care Center.                                                                       
                                                                                                                                
MS. JENNIE  GRIMWOOD, Cordova resident,  said that  this informed                                                               
consent bill and pamphlet is very important. She indicated:                                                                     
                                                                                                                                
     Often  many women  who  are  pregnant don't  understand                                                                    
     fetal  development.  Many  times  health  professionals                                                                    
     don't  answer  all  the questions.  A  scared  pregnant                                                                    
     women  is   often  an  uninformed   one...The  abortion                                                                    
     industry puts blinders on women.  They don't want women                                                                    
     to really know what is  happening to their bodies. Many                                                                    
     women today are coerced  into having abortions by their                                                                    
     boyfriends,  health  professionals, their  parents  and                                                                    
     uncles. It often  is not an individual choice  or a pro                                                                    
     choice, as people would have  us believe. It is often a                                                                    
     choice made out of fear and ignorance....                                                                                  
                                                                                                                                
DR. COLLEEN  MURPHY, Anchorage  OB/GYN, said  she is  an abortion                                                               
provider  and provides  health  care that  is  sanctioned by  the                                                               
National Abortion  Federation. She has a  multitude of guidelines                                                               
to  follow in  her  practice  and she  endeavors  to provide  the                                                               
highest  quality care  for  women  throughout their  reproductive                                                               
health careers.  She informed the  committee that  current levels                                                               
of care  already exceed those  prescribed in the bill.  Birth and                                                               
abortion  considerations are  a private  concern between  her and                                                               
her  patient. They  talk about  it  and decide  together what  is                                                               
needed. She urged them to, "Leave medicine to doctors...."                                                                      
                                                                                                                                
MS. DEBBIE  JOSLIN, Delta  Junction, said one  of her  four sons,                                                               
Isaiah,  was born  May  10, 1999  and died  32  days later.  It's                                                               
largely  because of  her experience  with him  that she  supports                                                               
this bill. The bill contains:                                                                                                   
                                                                                                                                
     ...unbiased    medical   information    regarding   the                                                                    
     development  of the  unborn child,  abortion procedure,                                                                    
     risks   associated  with   abortion,  alternatives   to                                                                    
     abortions  including  adoption   agencies  and  support                                                                    
     groups  for parents  and  children  with special  needs                                                                    
     such as Down's Syndrome....                                                                                                
                                                                                                                                
She explained how her husband  had received a similar booklet for                                                               
his  eye cataract  procedure that  gave him  sound medical  facts                                                               
that allowed  him to  make a good  informed decision.  In Planned                                                               
Parenthood of Southeast Pennsylvania  v. Casey, the Supreme Court                                                               
upheld a state statute requiring  disclosure of the nature of the                                                               
abortion procedure, the risks of  the procedure, the alternatives                                                               
to the  procedure, the  gestational age of  the unborn  child and                                                               
the medical risks of carrying to term.                                                                                          
                                                                                                                                
     The court also said if  a woman shall request, she must                                                                  
     be  given   a  State  Department  of   Health  brochure                                                                    
     describing  fetal development  and a  list of  agencies                                                                    
     offering  alternatives to  abortion.  Many states  have                                                                    
     initiated legislation  that protects the state  and the                                                                    
     physician from liability by  giving this information to                                                                    
     all   women  who   are  considering   abortion  as   an                                                                    
     alternative....                                                                                                            
                                                                                                                                
5:43 p.m.                                                                                                                       
                                                                                                                                
MS.  EVA SMALL,  Juneau R.N.,  said  as a  registered nurse,  she                                                               
truly  understands  the  significance  of  informed  consent  and                                                               
rational  decision   making  for  patients   undergoing  surgical                                                               
procedures. Informed consent laws  form the foundation of medical                                                               
ethics that  guarantee the patient  the right to  make autonomous                                                               
rational decisions  free of coercion. Women's  right-to-know laws                                                               
empower  women  to make  informed  decisions.  Not only  do  they                                                               
insure  knowledge  of  the procedure  and  options,  but  include                                                               
information  on paternity  establishment and  child support.  She                                                               
supported many of the statements made earlier.                                                                                  
                                                                                                                                
MR. JOHN MONAGLE, President, Alaskans  for Life, said he recently                                                               
had major  surgery and the  doctor spent three hours  making sure                                                               
he  understood everything  about it  beforehand. Doctors  want to                                                               
protect themselves  from liability  and want  to furnish  as much                                                               
information as  possible to  their patients  for their  own good.                                                               
Conversely, women would want as  much information as they can get                                                               
about  any  surgery,  certainly  in the  case  of  pregnancy  and                                                               
abortions.                                                                                                                      
                                                                                                                                
DR. CAROLYN  BROWN said  she has  been a  physician for  about 44                                                               
years and for 25 years had  been in the practice of obstetric and                                                               
gynecology. She said:                                                                                                           
                                                                                                                                
     This proposed  bill will not mandate  much of anything.                                                                    
     If offers  a pamphlet  that we're  supposed to  give to                                                                    
     some people and doesn't tell us  who we have to give it                                                                    
     to; it doesn't  tell us who has to give  it to anybody;                                                                    
     it doesn't tell us the  person we're giving it to wants                                                                    
     an abortion,  doesn't want an  abortion or  hasn't made                                                                    
     their mind up yet. So, let's be clear on that.                                                                             
                                                                                                                                
DR. BROWN  said she  has three  basic issues  with the  bill; the                                                               
first being  that it is not  equitable and has a  "sincere amount                                                               
of discrimination."  There are 10,000  babies born in  this state                                                               
every year and  some are lost through miscarriage.  The bill does                                                               
not mandate this  information be given to all  pregnant women; it                                                               
only suggests that  the pamphlet can be given out.  The bill does                                                               
not say  who is going to  have the oversight of  the distribution                                                               
of  the  pamphlet and  who  will  make  sure the  information  is                                                               
correct.                                                                                                                        
                                                                                                                                
DR. BROWN said  that some terms were not defined  very well, like                                                               
"circumstantial  criteria," "unbiased,"  "major bodily  function"                                                               
and "major  psychological function." She noted  that even doctors                                                               
can't  agree  on  what  those  things  mean  and  asked  how  the                                                               
legislature can come up with something and put it in stone.                                                                     
                                                                                                                                
Third, she  said the fiscal  note is  $42,000 for the  first year                                                               
and $24,000 for  the next five, but that wouldn't  begin to cover                                                               
costs when  they are  talking about a  waiting period  with women                                                               
having to travel. Somebody is going  to pay for them to stay over                                                               
night. Many women are on  Medicaid and the oversight for policing                                                               
will cost a great deal of money.                                                                                                
                                                                                                                                
MS.  APRIL  FERGUSON said,  "I  have  had  a  child; I  have  had                                                               
miscarriages  and  I  have  had  an  abortion  and  it's  all  my                                                               
business. It's  not your business;  it's not the business  of the                                                               
woman down the street...."                                                                                                      
                                                                                                                                
Further  she  said that  anyone  who  bases  a decision  of  this                                                               
magnitude  on  a  pamphlet  that   someone  hands  them  24-hours                                                               
beforehand is absolutely ignorant.                                                                                              
                                                                                                                                
CHAIR DYSON announced that Senator  Green arrived at least a half                                                               
hour ago and  that the committee would hold the  bill for further                                                               
work.                                                                                                                           
                                                                                                                                
                  SB 107-CORRESPONDENCE STUDY                                                                               
                                                                                                                                
CHAIR FRED DYSON announced SB 107 to be up for consideration.                                                                   
                                                                                                                                
MR. EDDY  JEANS, School Finance Manager,  Department of Education                                                               
and Early Development  (DEED), said he was asked  to describe the                                                               
cost savings  of this  bill, which  come mainly  from eliminating                                                               
the  Alyeska   Central  School  (ACS)   as  funded   through  the                                                               
foundation  program. No  other school  district in  the state  is                                                               
authorized to  receive state funding for  summer school programs.                                                               
Other  school districts  operate summer  school programs  through                                                               
learning  opportunity  grants  and   other  sources  of  funding.                                                               
Another possible savings  of $369,000 is not reflected  in any of                                                               
the fiscal notes, but could  be realized from relinquishing space                                                               
leased in  the Goldbelt Building for  ACS. It is not  included in                                                               
this  bill, because  he  didn't know  the  state's intentions  in                                                               
terms of using that space for some other program.                                                                               
                                                                                                                                
He informed  them that ACS  had been around since  1939. However,                                                               
approximately seven  years ago the  state made a  policy decision                                                               
to  allow school  districts to  operate statewide  correspondence                                                               
programs and 11 of those came into existence.                                                                                   
                                                                                                                                
The reason the state has  operated a correspondence program since                                                               
1939 is because many people  didn't have access to public schools                                                               
or school  districts. In  1997, Alaska  went from  state operated                                                               
schools to  53 school districts  that cover the entire  state and                                                               
Rural Education Attendance Areas (REAA).                                                                                        
                                                                                                                                
TAPE 03-15, SIDE B                                                                                                            
                                                                                                                              
MR.  JEANS  explained  that school  districts  are  charged  with                                                               
educating  every  resident  who  resides  within  their  district                                                               
boundaries.  This  is a  substantial  change  from when  ACS  was                                                               
created in  1939. Approximately 814 students  are currently being                                                               
served through  the Alyeska Central  School. Of that  number, 686                                                               
(roughly  85  percent)  of  them reside  in  the  largest  school                                                               
districts  -  Anchorage,  Fairbanks,  Juneau,  Ketchikan,  Kenai,                                                               
Kodiak, Mat-Su  and Petersburg. Approximately  45 to  50 students                                                               
are educated through  the Alyeska Central School who  do not have                                                               
daily access  to some educational  program. The  school districts                                                               
that those  people reside  in do have  a statutory  obligation to                                                               
provide some educational program for those kids.                                                                                
                                                                                                                                
However,  ACS is  the only  accredited correspondence  program in                                                               
the state.  Four school districts have  applied for accreditation                                                               
and have  "conditional" accreditation  while they go  through the                                                               
process. He understands  that while they go  through the process,                                                               
the  units of  work  that  are earned  are  transferable and  are                                                               
considered accredited units.                                                                                                    
                                                                                                                                
Another  important  concern  is   that  section  6  doesn't  deal                                                               
specifically with ACS.  It reverses the foundation  program in AS                                                               
14.17.430  that  deals  with  correspondence  study  and  its  80                                                               
percent funding.  He said other  programs in the state  would say                                                               
they are  not correspondence programs  that they are  home school                                                               
programs  -  schools  without  walls,  but  the  statute  doesn't                                                               
address  that  type  of  program.   Therefore,  he  suggested  an                                                               
amendment to expand the  definition from "correspondence program"                                                               
to  "correspondence  study and  similar  programs".  He said  the                                                               
department feels very strongly that  the size adjustment table in                                                               
the foundation program was intended  for brick and mortar schools                                                               
and not  for something that  falls outside of that  category. So,                                                               
DEED has  proposed this amendment  that deals with  programs that                                                               
occur primarily outside of school facilities.                                                                                   
                                                                                                                                
SENATOR  GRETCHEN  GUESS  asked   a  funding  question  that  was                                                               
indiscernible on the tape, but she  was referring to the range of                                                               
80-100 percent.                                                                                                                 
                                                                                                                                
MR.  JEANS  replied that  DEED  hasn't  tried to  calculate  that                                                               
because it depends on what school the student is enrolled in.                                                                   
                                                                                                                                
SENATOR GUESS said she would  let the Finance Committee deal with                                                               
it and asked  how the department plans to  fulfill its obligation                                                               
to  students who  live  in communities  of up  to  25 people  and                                                               
aren't in a major district.                                                                                                     
                                                                                                                                
MR. JEANS replied  that the school districts  have the obligation                                                               
to provide an educational program.                                                                                              
                                                                                                                                
SENATOR GUESS  asked if a district  is still obligated to  fund a                                                               
school with fewer than 10 students in a facility.                                                                               
                                                                                                                                
MR. JEANS replied the school  districts have to provide some form                                                               
of an educational program or  assist those children in finding an                                                               
educational program.                                                                                                            
                                                                                                                                
SENATOR GUESS said  she didn't want to take up  the public's time                                                               
with her  questions, but  she had  a list  of concerns.  The most                                                               
interesting  thing   in  the  governor's  letter   was  the  word                                                               
"duplicative," as  well as  classes, education  approach, meeting                                                               
with  teachers, part-time  students,  can you  call the  teacher,                                                               
year-round, standards-based, and accreditation. She commented:                                                                  
                                                                                                                                
     If  all of  those  are in  another  program, if  you're                                                                    
     going to  say this is  a duplicative service,  then you                                                                    
     really  have to  say  it's the  same service  somewhere                                                                    
     else versus different services.  So, I am interested in                                                                    
     that. And I  do, for the record, Mr.  Chairman, I think                                                                    
     the  accreditation  issue  is   the  issue  along  with                                                                    
     parental choice  and some  others. Having  one be  on a                                                                    
     list,   maybe,   for   accreditation,   I   think,   is                                                                    
     inappropriate to  refer to that  as an okay  choice. We                                                                    
     need to offer people an accredited program...                                                                              
                                                                                                                                
MS. NANCY WLADYKA,  Sitka resident, said that cash  rebates are a                                                               
highly successful advertising gimmick.  More and more parents are                                                               
opting to  home school  their children  because local  schools do                                                               
not meet  their children's  needs. Correspondence  programs offer                                                               
cash  allotments and  the higher  the allotment,  the higher  the                                                               
enrollment figures are,  but the issue of  whether that allotment                                                               
is  adequate   to  allow  the  parent   to  purchase  educational                                                               
materials needs to be addressed. She maintained:                                                                                
                                                                                                                                
     Alyeska Central  School offers academic  excellence. It                                                                    
     exemplifies the No Child Left  Behind mandate. No child                                                                    
     can  slip  through  the  cracks   at  ACS  because  the                                                                    
     teachers   make   certain   of   that.   They   require                                                                    
     accountability.   ACS   offers  choices   approved   in                                                                    
     curriculum  materials and  verify that  those materials                                                                    
     are appropriate for your child.  ACS provides more than                                                                    
     books,  it  provides  daily  lesson  plans,  which  ACS                                                                    
     teachers  write themselves  and  constantly review  and                                                                    
     update. I cannot stress the  importance of having these                                                                    
     lesson plans to  use.... ACS has a  proven track record                                                                    
     and is  an Alaska success  story. If the  governor knew                                                                    
     what Alyeska  Central School does  for the  children of                                                                    
     Alaska, it  would be  receiving recognition  awards and                                                                    
     accolades and  this absurd proposal  to close  it would                                                                    
     appall  legislators.  A  comparable  program  does  not                                                                    
     exist. There are  and always will be  children for whom                                                                    
     ACS is  an irreplaceable and essential  service. Please                                                                    
     don't leave Alaskan children stranded.                                                                                     
                                                                                                                                
MS.  PAULA WILLIAMS  opposed  SB  107 for  the  same reasons  Ms.                                                               
Wladyka stated. She  added that this bill doesn't  save money for                                                               
the state,  but for the closing  of the summer school.  For 3,450                                                               
students  across the  state last  year, ACS's  summer school  was                                                               
their  only option.  She  opined, "You're  not  just saving  $1.2                                                               
million, you're closing the door to these students."                                                                            
                                                                                                                                
MS. WILLIAMS said that some  students use ACS to accelerate their                                                               
program.  She accused  the legislature  of following  a political                                                               
agenda.                                                                                                                         
                                                                                                                                
MS. NANCY RICHAR opposed SB  107. Her son recently graduated from                                                               
ACS after attending  since kindergarten. He was  her fifth child.                                                               
She has experienced both public  and rural correspondence schools                                                               
in the past and they were  nightmares at times. She said there is                                                               
no comparison. She told members:                                                                                                
                                                                                                                                
     I called  the Mat-Su Borough  last week to see  if they                                                                    
     had been approved. They have  been closed to new school                                                                    
     students  most  of the  year;  they  continue to  order                                                                    
     their  courses all  from out  of  state [indisc].  They                                                                    
     have no knowledge of  the Academic [indisc.] Leadership                                                                    
     Conference  or state  and national  [indisc.] programs,                                                                    
     all of which  ACS has attended for years.  She was told                                                                    
     that if  a student enrolled  after the November  1 cut-                                                                    
     off date, the parents had to  pay the $250 fee for each                                                                    
     course ordered. She called  Mat-Su and was emphatically                                                                    
     told they  are not  a correspondence school;  they help                                                                    
     parents order  courses direct  from publishers  with an                                                                    
     allotment  and   the  parents  are  the   only  teacher                                                                    
     involved in the education.  These education dollars are                                                                    
     all going out of state.                                                                                                    
                                                                                                                                
DR. KATHY  TODD said she also  wanted to testify against  SB 107.                                                               
She  has  an  8th  grader  and an  11th  grader  and  has  needed                                                               
correspondence courses to supplement  the curriculum in her small                                                               
school   district.  The   states  of   Nebraska,  North   Dakota,                                                               
Washington and Florida and many  more consider that they have the                                                               
need  for   a  central  correspondence   or  on-line   school  to                                                               
supplement  their  curricula.  They believe  that  their  schools                                                               
can't offer  all of the things  that need to be  offered. This is                                                               
the  kind  of  school  that will  help  the  No-Child-Left-Behind                                                               
mandate be successful.                                                                                                          
                                                                                                                                
MS. VICTORIA MARTIN  said she has lived in Alaska  since 1946 and                                                               
educated  her  children through  ACS  and  is now  educating  her                                                               
grandchildren through it.  She spoke very highly  of the program.                                                               
She said that accreditation is a very important issue.                                                                          
                                                                                                                                
MR. SEAN RUDDELL, ACS student,  opposed SB 107. His testimony was                                                               
indiscernible.                                                                                                                  
                                                                                                                                
MS.  HALEY   RUDDELL,  ACS   student,  said   ACS  is   the  only                                                               
correspondence program  that is  accredited and students  need to                                                               
go to an  accredited school in order to get  into college because                                                               
the credits are not valid otherwise.                                                                                            
                                                                                                                                
MS. JENNIFER WILCOX, ACS student,  opposed closing the school for                                                               
two reasons,  the first  being that  the alternative  schools are                                                               
not  equal to  ACS. Second,  eliminating ACS  would not  save the                                                               
state  money.  Alternative  schools  are  understaffed  and  lack                                                               
accreditation. It will take up  to five years before many schools                                                               
receive  their accreditation.  There  is also  the  issue of  the                                                               
computer-based after school  program, which is not  an option for                                                               
her, because  she doesn't want  to sit  in front of  the computer                                                               
that much.                                                                                                                      
                                                                                                                                
MS.  WILCOX said  it costs  the state  $3,220 to  educate an  ACS                                                               
student and if she were to  enroll in the public school, it would                                                               
cost the  state $10,992, a  $7,772 increase. She  summarized that                                                               
she hoped they didn't close the school.                                                                                         
                                                                                                                                
MS. LAURELL  CLOUGH said she  is a retired public  school teacher                                                               
and  supports  the  public  schools and  Alyeska.  Two  sons  are                                                               
currently  with  Alyeska  part-time.  People home  school  for  a                                                               
variety of  reasons, she  said. Every  student is  not a  fit for                                                               
every place. Her oldest son  is disabled and cannot function full                                                               
time in a public school. She stated, "Alyeska has saved him."                                                                   
                                                                                                                                
She  didn't see  how eliminating  ACS  would save  the state  any                                                               
money and its  services are not duplicated  anywhere. She thought                                                               
there might  be some  secret somewhere  about why  ACS was  to be                                                               
closed, because no one has testified in favor of that.                                                                          
                                                                                                                                
MR.  JOHN PADEN,  ACS  Counselor,  opposed SB  107  for the  same                                                               
reasons already stated.  He said that ACS  provides summer school                                                               
at the  request of  the Legislature  each year.  If they  want to                                                               
save money, they can cut  summer school, but that wouldn't affect                                                               
ACS's year-round  program. Summer school affects  kids around the                                                               
state who  are already in other  schools; it allows them  to take                                                               
one  or two  courses that  they may  need to  graduate in  spring                                                               
instead of  holding over until  the fall and taking  another year                                                               
to graduate. He  summarized that there is  no significant savings                                                               
in  the  regular program;  there  is  no genuine  duplication  of                                                               
services; and  this is bad policy  in light of the  service being                                                               
rendered to students in this state.                                                                                             
                                                                                                                                
MS. CECILIA MILLER,  ACS math and technology  teacher, opposed SB
107. She said  she had some students that  wouldn't be testifying                                                               
today because they  live in very remote areas -  the exact reason                                                               
ACS was started.  They don't have access to a  local school. They                                                               
depend  on ACS  being  mandated  by the  state  as an  accredited                                                               
option. Each  year the districts get  the choice of putting  in a                                                               
statewide  correspondence program  application.  Last year  there                                                               
were 12 schools on the list; two  of them are not on the list any                                                               
more having  chosen not to  do it.  Another one of  those schools                                                               
decided to do  K-8. She also has a high  school student who lives                                                               
outside of  Kodiak who sent her  a letter that she  read into the                                                               
record.  It basically  said that  he  lived in  rural Kodiak  and                                                               
didn't  have a  phone. The  only real  communication he  had with                                                               
teachers was through the mail with ACS.                                                                                         
                                                                                                                                
MS.  MILLER noted  that  ACS  has more  students  than 35  school                                                               
districts  in  the  state.  Many of  the  school's  children  are                                                               
looking  to  the Legislature  to  give  them something  they  can                                                               
depend on.                                                                                                                      
                                                                                                                                
MS.  JEANNE FOY,  ACS teacher,  said that  assessment of  student                                                               
work is part of a teacher's job  that families will have to do if                                                               
ACS is closed. Some families are  happy with the stipend they get                                                               
and  don't want  interaction with  a  teacher, but  many of  them                                                               
choose to use ACS; they  want the accountability, the courses and                                                               
the instruction  that the school  provides. Some of  her students                                                               
have no access to a local school,  but they are smart and plan to                                                               
go to  college. She  has been  able to help  them get  the skills                                                               
they  need in  order  to  succeed in  college.  She also  teaches                                                               
advanced placement  English literature over the  Internet and one                                                               
of  her students  has  e-mail  because the  Internet  is way  too                                                               
expensive   for  her   family.  The   advantage  to   having  the                                                               
correspondence  teachers here  in Alaska  is that  they can  work                                                               
with  a student  to make  any modifications  necessary for  their                                                               
particular situation.                                                                                                           
                                                                                                                                
MS.  KATIE  BOUSLER  said  that   her  daughter,  Kaitlin,  is  a                                                               
sophomore at  Juneau Douglas High  School and she is  an exchange                                                               
student in Bern, Switzerland. She  has received numerous academic                                                               
opportunities and  she would not  have been able to  study abroad                                                               
this  year  nor  have  such an  impressive  resume'  without  the                                                               
existence of Alyeska Central School.  Like many Alaskan students,                                                               
she is able to get credit  for her courses in Switzerland through                                                               
ACS and  then transfer  them to Juneau  Douglas High  School. She                                                               
could not do  that directly through the regular  high school. She                                                               
told members:                                                                                                                   
                                                                                                                                
     ACS is the only accredited  school in the state through                                                                    
     which this  is possible.  I urge you  not to  pass this                                                                    
     legislation  and  preserve   unique  opportunities  for                                                                    
     future Alaskan leaders like my daughter, Kaitlin.                                                                          
                                                                                                                                
MS. ARAN  FELIX, ACS teacher,  asked the Legislature  to consider                                                               
the  disruption this  bill is  causing her  students while  their                                                               
fate is  being considered. Many  are traveling and  like Kaitlin,                                                               
some of  them do not  start school on September  1 like a  lot of                                                               
schools;  and some  students study  at a  slower pace.  If people                                                               
want to  look at boarding  schools, Mt. Edgecumbe's  closing date                                                               
for  application was  March 31.  Many students  and parents  have                                                               
testified that they have been  unable to find a statewide program                                                               
similar  to  ACS  where  graduates can  finish  up  from  January                                                               
through December.  The only  students who will  have it  easy are                                                               
the ones who  return to their local schools, which  will cost the                                                               
state more  money. She  mentioned a  parent who  called yesterday                                                               
who  wanted to  enroll  her  two children.  The  parent had  just                                                               
purchased  a home  and  moved to  Edna  Bay. Shortly  thereafter,                                                               
their local  school closed and  ACS was recommended.  Their local                                                               
school  district   is  struggling  to  create   a  correspondence                                                               
program.                                                                                                                        
                                                                                                                                
MS.  SHAWNA THOMPSON,  ACS  student,  said it  is  a really  good                                                               
program and it would be wonderful if they kept it open.                                                                         
                                                                                                                                
MS. KYM WOLCOTT  read a letter from an ACS  student who loved the                                                               
school and opposed SB 107.                                                                                                      
                                                                                                                                
An  unidentified woman  said that  closing Alyeska  School was  a                                                               
step in the  wrong direction. The school is not  a duplication of                                                               
other services. If  high school kids need courses  outside of the                                                               
core curriculum,  there is no  way to  get them without  going to                                                               
ACS.                                                                                                                            
                                                                                                                                
MR. MIKE JEFFERY  said he is in favor of  keeping Alyeska Central                                                               
School  going,  but he  didn't  have  any objections  to  opening                                                               
funding up to the other  schools. He said the accreditation issue                                                               
is very important  and college admission officers  know that. His                                                               
daughter had  been admitted  to Stanford  and several  East Coast                                                               
schools and he  attributed that to the extremely  high quality of                                                               
education at Alyeska. That could not  have been done locally in a                                                               
town like Barrow.                                                                                                               
                                                                                                                                
MS.  GAYLE  GOEDDE,  ACS  teacher, said  that  no  other  program                                                               
provides  the teaching  services that  ACS does.  She works  with                                                               
children who  are failing in  the regular school system  and they                                                               
blossom with  her help at  ACS. She  has many students  who write                                                               
her letters  of thanks saying  that they  learned so much  in her                                                               
class and that she gave them the courage to go on.                                                                              
                                                                                                                                
TAPE 03-16, SIDE A                                                                                                            
                                                                                                                              
MS. GOEDDE said she gives  her students feedback on their writing                                                               
and  gives them  support that  is different  than other  programs                                                               
where the parents grade the work.                                                                                               
                                                                                                                                
CHAIR DYSON  thanked her for her  testimony and for the  good job                                                               
she had done with those students.                                                                                               
                                                                                                                                
MR.  KEVIN  SWEENEY,  Special   Assistant  to  the  Commissioner,                                                               
Department of  Education and Early Development  (DEED), said that                                                               
regarding the  bill, three decisions  need to be made.  The first                                                               
question is it  will translate into a real money  savings and the                                                               
department feels it  can easily identify $1.2  million in savings                                                               
from  closing  the  summer  school.  In  addition,  the  facility                                                               
savings would amount to about $370,000.                                                                                         
                                                                                                                                
Regarding the argument  that a lot of the kids  would not go into                                                               
other  correspondence programs  and enroll  in their  home school                                                               
instead, MR. SWEENEY  said, "Most of the students  who chose this                                                               
curriculum  and  chose  the correspondence  type  program  do  it                                                               
because it's where they sort of  can flourish and that's the type                                                               
of  program they  want...." He  noted  that other  correspondence                                                               
programs in  the state are funded  at 80 percent no  matter where                                                               
they are.                                                                                                                       
                                                                                                                                
MR.  SWEENEY  said  as  far   as  curriculum  is  concerned,  the                                                               
department's intent when  ACS closes is to  make ACS's curriculum                                                               
available  to  all districts  in  the  state.  They can  also  be                                                               
utilized  in  other  state-run  and  district-run  correspondence                                                               
programs. Right now the Alaska  On Line Consortium, which is made                                                               
up  of ACS,  Mat-Su, Kenai  and Delta,  is developing  curricula.                                                               
DEED wants  to help the  districts continue to grow  the programs                                                               
that are being offered. Enrollment  in the district-run statewide                                                               
correspondence schools  has grown  tremendously since  1997 while                                                               
enrollment  in the  regular program  at ACS  has gone  down. That                                                               
brings him to the  third point - that this is  a policy call. The                                                               
question  is should  the  state  continue to  be  in a  state-run                                                               
correspondence school business. He told members:                                                                                
                                                                                                                                
     We believe,  and the governor believes  now, that other                                                                    
     programs  are being  offered, that  it's  time for  the                                                                    
     state  to get  out of  this business  and to  allow the                                                                    
     districts  to  operate   the  state-run  correspondence                                                                    
     program.                                                                                                                   
                                                                                                                                
6:50 p.m.                                                                                                                       
                                                                                                                                
SENATOR  WILKEN  asked  him  to   explain  the  other  state  run                                                               
programs.                                                                                                                       
                                                                                                                                
MR.  SWEENEY replied  that he  may  have misspoken  and he  meant                                                               
other statewide correspondence programs.                                                                                        
                                                                                                                                
SENATOR WILKEN  asked how many  of the school districts  chose to                                                               
operate  summer  schools  with  their  [indisc.]  money.  Someone                                                               
responded  that   Mat-Su  did  and  Senator   Wilken  added  that                                                               
Fairbanks did, too.                                                                                                             
                                                                                                                                
SENATOR   WILKEN  asked   what   the   relationship  is   between                                                               
accreditation  and a  diploma and/or  the high  school qualifying                                                               
exam.                                                                                                                           
                                                                                                                                
MR.  JEANS replied  that accreditation  provides an  assurance to                                                               
the receiving school  district that the course  work the students                                                               
have completed  is of  the same standard  level when  measured by                                                               
the  Northwest  accreditation of  schools  and  colleges. When  a                                                               
child  transfers from  ACS  to Juneau  Douglas  High School,  for                                                               
instance, their  staff has assurance  that whatever  those grades                                                               
are  on the  transcripts for  courses  are of  like courses  that                                                               
would be offered at their school.                                                                                               
                                                                                                                                
SENATOR  WILKEN  asked if  accreditation  has  any bearing  on  a                                                               
diploma or the qualifying exam.                                                                                                 
                                                                                                                                
MR. JEANS replied that it does not.                                                                                             
                                                                                                                                
SENATOR WILKEN said  a couple of years ago some  districts did an                                                               
audit of some  of the statewide programs and one  of the measures                                                               
used was  the teacher to  student ratio, which  was 800 to  1. He                                                               
asked if there  was a similar measurement of  the other statewide                                                               
programs versus Alyeska Central School.                                                                                         
                                                                                                                                
MR. JEANS replied that many of  the existing programs do not have                                                               
the same student pupil teacher  ratio that ACS currently has, but                                                               
a number of  school districts have assured him that  they want to                                                               
expand their  programs to  offer like  pupil teacher  ratios that                                                               
ACS  is   currently  offering.  The   legislation  has   an  open                                                               
enrollment policy  requirement for  any district that  operates a                                                               
statewide correspondence  program. So,  those districts  that are                                                               
currently  closing  their enrollment  would  have  to comply.  It                                                               
would be the  department's intent that that would  at least apply                                                               
through the foundation count period.                                                                                            
                                                                                                                                
SENATOR WILKEN said  some statewide programs can  decline to take                                                               
a disabled  student and  asked if  that will  be changed  in this                                                               
legislation.                                                                                                                    
                                                                                                                                
MR. JEANS replied  that a school district  cannot discriminate on                                                               
the enrollment of a child because of special needs.                                                                             
                                                                                                                                
SENATOR WILKEN  asked if a  statewide correspondence  program can                                                               
discriminate.                                                                                                                   
                                                                                                                                
MR.  JEANS replied  that a  statewide  correspondence program  is                                                               
operated by  a school  district and  cannot discriminate  on that                                                               
basis.                                                                                                                          
                                                                                                                                
SENATOR WILKEN  asked if the  department would follow up  on that                                                               
if such an incident had happened.                                                                                               
                                                                                                                                
MR. JEANS replied that it would.                                                                                                
                                                                                                                                
SENATOR  WILKEN  said  he  would  get  that  information  to  him                                                               
tomorrow.  He then  asked  if  that issue  is  addressed in  this                                                               
legislation.                                                                                                                    
                                                                                                                                
MR.  JEANS replied  that  it is  on  page 1,  section  2, but  an                                                               
amendment  is  necessary  because another  provision  in  statute                                                               
specifically refers  to regional education attendance  areas with                                                               
similar  wording.  Line 14  says,  "a  school  age child  who  is                                                               
enrolled in  or a  resident of  the district...".  The department                                                               
has interpreted  that to mean  [a district]  has to have  an open                                                               
enrollment  in  policy, at  least  through  the foundation  count                                                               
period.                                                                                                                         
                                                                                                                                
SENATOR WILKEN  said Mr. Sweeney  spoke of the  tremendous growth                                                               
of correspondence  students from 2,000  to 9,000 in  eight years.                                                               
Mr. Sweeney indicated that was  correct. Senator Wilken asked him                                                               
to  rethink his  suggestion of  closing the  school and  asked if                                                               
there would there  be a real savings of $375,000  if it moved out                                                               
of the facility. He thought there  would be a savings to DEED but                                                               
someone else  would have  to pick  up the tab  on that  space. He                                                               
noted, "There really is no savings."                                                                                            
                                                                                                                                
CHAIR DYSON  followed up  that there  might be  a net  savings if                                                               
that precludes  them from having  to go  out and rent  some other                                                               
space. Mr. Sweeney indicated that's what he meant.                                                                              
                                                                                                                                
SENATOR BETTYE  DAVIS said that  some schools are  not accredited                                                               
and that  might cause  some problems  for the  students. However,                                                               
she knows  from serving  on the State  Board and  visiting school                                                               
districts  that students  are graduating  from those  schools all                                                               
the time.                                                                                                                       
                                                                                                                                
MR. JEANS  replied that  the provision they  are referring  to is                                                               
section 6.  He used the  example of a Family  Partnership Charter                                                               
School in Anchorage and explained:                                                                                              
                                                                                                                                
     In their  charter, they clearly  state that they  are a                                                                    
     home-based   school   program.  Because   the   statute                                                                    
     currently does  not state correspondence  or home-based                                                                    
     programs,   they   have   continued   to   appeal   our                                                                    
     classification  of  them  for  funding  purposes  as  a                                                                    
     correspondence  program. They  want to  go through  the                                                                    
     school   size  adjustment   table   and  receive   that                                                                    
     additional funding  for what  we provide  for staffing,                                                                    
     heating, maintaining  a school  facility, as well  as a                                                                    
     20% adjustment  for special needs. This  provision here                                                                    
     is  simply  put  in,  as  a  clarification  that  we're                                                                    
     referring  to  any  program that  provides  educational                                                                    
     services  outside a  public school  facility -  will be                                                                    
     funded at the 80%.                                                                                                         
                                                                                                                                
SENATOR DAVIS responded  that she understood that  very well, but                                                               
[accreditation] needs to be taken  care of and not necessarily in                                                               
this bill.  She was  talking about  programs like  alternative or                                                               
charter schools  and wanted to  know if those children  would run                                                               
into any problems getting into  another school because of lack of                                                               
accreditation.                                                                                                                  
                                                                                                                                
MR.  JEANS replied  that it  depends  on where  the students  are                                                               
going.  Colleges have  assessment  tools other  than high  school                                                               
transcripts  available  to  them   from  an  accredited  or  non-                                                               
accredited school to determine whether  a child is ready to enter                                                               
college.                                                                                                                        
                                                                                                                                
SENATOR DAVIS  responded that she  did not want students  to have                                                               
problems getting  into colleges of  their choice because  of high                                                               
school accreditation and that should be addressed.                                                                              
                                                                                                                                
CHAIR  DYSON said  that very  few students  have trouble  getting                                                               
into college, no matter where they went to school.                                                                              
                                                                                                                                
SENATOR GUESS  said she  respectfully disagrees  and that  in her                                                               
work, higher education does mean something. She noted:                                                                          
                                                                                                                                
     I think  children at  least need  to know  when they're                                                                    
     not  in an  accredited program  the limits  it puts  on                                                                    
     certain options that they  have including the military,                                                                    
     which I think is a serious issue.                                                                                          
                                                                                                                                
SENATOR GUESS  asked about  the focus and  breadth of  the summer                                                               
school programs  that Senator  Wilken mentioned  are going  on in                                                               
the state. She  questioned if, after the  October open enrollment                                                               
count,  a  parent called  up  a  program district  correspondence                                                               
program, the student could be denied entry.                                                                                     
                                                                                                                                
MR. JEANS  replied that  has been  occurring and  it is  an issue                                                               
with the department right now.                                                                                                  
                                                                                                                                
SENATOR GUESS said she was confused  and thought he said that was                                                               
solved in the bill.                                                                                                             
                                                                                                                                
MR. JEANS replied:                                                                                                              
                                                                                                                                
     The  department's position  on  that is  when a  person                                                                    
     moves  into Alaska,  they have  the right  to attend  a                                                                    
     public school  in the community  in which they  move in                                                                    
     to.   If   you  want   to   enter   into  a   statewide                                                                    
     correspondence  program  under   these  provisions,  it                                                                    
     would require  you to do that  prior to the end  of the                                                                    
     count period.  It does not leave  that avenue available                                                                    
     to  you  to  enroll  after  the  count  period  in  any                                                                    
     statewide   correspondence  program   that  you   want.                                                                    
     Alyeska  does  do  that  for  some  students  based  on                                                                    
     whatever their conditions may be  and you can ask their                                                                    
     counselor  or any  of the  other people  in here.  They                                                                    
     don't  simply allow  all students  to enroll  after the                                                                    
     count  period. Alyeska  has some  limitations on  their                                                                    
     enrollment policy  as well, but what  this statute does                                                                    
     is afford the people  the opportunity, at least through                                                                    
     the count period.                                                                                                          
                                                                                                                                
SENATOR  GUESS thanked  him and  asked  what happens  if the  fat                                                               
[funding] of  every district that has  correspondence school goes                                                               
away.  The bill  does not  address that  issue if  there isn't  a                                                               
statewide correspondence  program. She  asked Mr. Jeans  to point                                                               
out the provisions that the department has set out in that case.                                                                
                                                                                                                                
MR.  JEANS  replied  that  she  is correct  about  the  bill  not                                                               
addressing that subject. He couldn't  say that the department has                                                               
a plan  set in stone  that it can hand  her. He added,  "We don't                                                               
believe that's going to happen."                                                                                                
                                                                                                                                
He said  that enrollment in correspondence  programs, in general,                                                               
has  leveled off  in the  last  three years.  DEED sees  movement                                                               
between  districts and  between  programs.  Some districts,  like                                                               
Kenai  and Mat-Su,  operate district  programs that  had declined                                                               
for a  couple of years and  are now taking off  again. The reason                                                               
is the  districts realized the  need to modify the  programs they                                                               
were offering  because they  weren't meeting  the needs  of their                                                               
children - and they wanted to  get their children back into their                                                               
school districts.                                                                                                               
                                                                                                                                
SENATOR GUESS wanted to know  if that's a constitutional problem,                                                               
regardless of what  he thinks will happen. She  is concerned this                                                               
bill could  get through the whole  system and be signed  into law                                                               
even though it does not have an accreditation provision in it.                                                                  
                                                                                                                                
MR.  JEANS responded  that Alaska  has 53  school districts  that                                                               
cover every square mile. Each  school district has the obligation                                                               
to provide some  form of educational program to  the students who                                                               
reside  in  its  district.  He acknowledged,  "Even  if  all  the                                                               
statewide correspondence  programs go  away, the  districts still                                                               
have  an  obligation  to provide  educational  services  of  some                                                               
form."                                                                                                                          
                                                                                                                                
CHAIR  DYSON  added   that  the  state  is   mandated  under  the                                                               
Constitution to provide education  for everyone. He believes very                                                               
strongly  that if  the district-based  programs weren't  working,                                                               
recreating  something  like  Alyeska   Central  School  would  be                                                               
mandated.                                                                                                                       
                                                                                                                                
SENATOR  GREEN  moved   to  pass  SB  107   from  committee  with                                                               
individual recommendations and its accompanying fiscal note.                                                                    
                                                                                                                                
SENATOR DAVIS objected.                                                                                                         
                                                                                                                                
A roll  call vote  was taken. SENATORS  GREEN, WILKEN,  and DYSON                                                               
voted yea; SENATORS  GUESS and DAVIS voted nay and  SB 107 passed                                                               
from committee.                                                                                                                 
                                                                                                                                
CHAIR DYSON adjourned the meeting at 7:12 p.m.                                                                                  
                                                                                                                                

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