HB 360-YOUTH ACADEMY: STUDENT RECORDS  8:07:40 AM CHAIR SEATON announced that the first order of business would be HOUSE BILL NO. 360, "An Act relating to the provision of information regarding a student by a school district to the Department of Military and Veterans' Affairs, Alaska Challenge Youth Academy." 8:08:29 AM REPRESENTATIVE MUNOZ moved to adopt CS for HB 360, 26-LS1482\P as the working document. CHAIR SEATON objected for the purpose of discussion. 8:09:01 AM SUSAN WALLEN, Staff to Representative Nancy Dahlstrom, Alaska State Legislature, informed the committee the Committee Substitute (CS) addressed questions concerning "opt-out" notification to parents and students by changing the notification time to the beginning of the school year. She said this change would also reduce mailing costs to school districts. 8:10:08 AM CHAIR SEATON drew attention to the written comments submitted from school districts that were provided in the committee packet. Also included was a legal opinion from Ms. Jean Mischel, Attorney, Legislative Legal Counsel, Legislative Legal and Research Services, Legislative Affairs Agency, regarding consequences to a school district for failure to comply with the records provisions contained in the bill. 8:11:25 AM REPRESENTATIVE EDGMON noted the comments in opposition to the bill from rural school districts, and asked whether the provisions in the bill created an unfunded mandate to school districts. MS. WALLEN expressed the sponsor's hope that the CS addressed the concerns from school districts. In fact, most of the expenses borne by a school are mailing costs associated with notifications sent out after a student drops out. Changing the notification to the beginning of the school year would alleviate that issue. Although an additional reporting date would be required of school districts, she opined this should not prove to be a burden. 8:13:34 AM REPRESENTATIVE GARDNER pointed out that the testimony from Woodie Wilson, Superintendent, Wrangell Schools, stated that the information required by the bill was already available from the Department of Education and Early Development (EED) on its [Report Card to the Public]. 8:14:02 AM MCHUGH PIERRE, Deputy Commissioner/Chief of Staff, Office of the Commissioner/Adjutant General, Department of Military & Veterans' Affairs (DMVA), informed the committee EDD does receive that information; however, the department does not have parental consent to share the information with the Department of Military & Veterans' Affairs (DMVA). House Bill 306 provides this authorization. He further explained that the information could be provided by the school districts in July, but DMVA's goal was to also have the information in January in order to contact drop-outs from the first and second semesters. 8:15:28 AM CHAIR SEATON opened public testimony. 8:15:54 AM BRIGADIER GENERAL TOM KATKUS, Adjutant General/Commissioner, Department of Military & Veterans' Affairs (DMVA), stated that the Alaska Military Youth Academy (AMYA) "falls under my section." He stressed the importance of the need to be able to contact at-risk youth at the earliest opportunity after they have decided to leave school. House Bill 360 does not call for a recruiting effort, but does provide a good opportunity to make contact and help at-risk youth make a change. 8:18:01 AM MR. PIERRE added that the CS addressed the concerns previously identified by school districts, EED, and legislators. 8:18:34 AM MS. CAROL COMEAU, Superintendent, Anchorage School District (ASD), stated the Anchorage School District is very supportive HB 360. However, given that many parents of seniors do not attend registration, she questioned whether the amendment would require schools to mail a request for parental consent to every senior over 18 years of age. Although in agreement with the idea of the bill, the mechanics and cost of mailing would be a burden to her school district. 8:19:45 AM REPRESENTATIVE P. WILSON asked for Ms. Comeau's opinion regarding the possible cost of an unfunded mandate created by the bill. MS. COMEAU said she was unsure of the cost. Her biggest concern would be that parents of seniors do not attend registration to complete the directory information form, but then question why the school supplied information about their student to AMYA. 8:21:54 AM REPRESENTATIVE MUNOZ asked how parental consent was obtained for other things such as medication. MS. COMEAU said the school attempts to get parental consent for directory information to "opt in or opt out." She warned this could become a big issue for parents with strong feelings about recruiting, even though recruiting is not the intent of AMYA. 8:22:45 AM REPRESENTATIVE GARDNER asked whether there are other programs of which these students need to be aware. MS. COMEAU responded that the high school education department was a strong supporter of the AMYA, but once students who leave school are located, graduation coaches provide them with a range of options. 8:23:37 AM REPRESENTATIVE GARDNER asked what the range of options includes. MS. COMEAU answered that the options include Nine Star Education & Employment Services, independent on-line study courses, the King Career Center, and other continuation and alternative programs that provide individual learning plans. REPRESENTATIVE GARDNER then asked how the school district would comply with [subsection] (b) of the bill. MS. COMEAU envisioned that the directory information parental permission form would be revised to include AMYA. The biggest challenge would be having the permission forms returned. 8:26:18 AM CHAIR SEATON referred to page 2, line 4, and suggested alternative language. MS. COMEAU clarified that the form must be provided annually, and said, "So I think it's fine, the way it reads." Permission for students arriving during the school year would be included in the registration packet. She asked whether all students aged 15 and over were affected by the provisions in the bill. 8:28:20 AM CHAIR SEATON acknowledged that a compulsory age was a concern as many schools track by grade versus age. He returned to the situation of a continuing senior without parental permission on file at the school 8:29:13 AM MS. COMEAU further explained that every fall, for every grade, every student fills out a directory information form. However, many seniors do not bring their parents, thus the consent forms are not signed on an annual basis without a concerted effort by the school. 8:30:14 AM CHAIR SEATON surmised there was no problem with the structure of the CS, but whether there was a penalty for non-compliance remains a question. He advised that the intent of the committee was for the school district to make "a good faith effort." MS. COMEAU asked for assurance that the district can "do the best we can, but without basically putting somebody on point to go after 500 kids who didn't turn back their form." CHAIR SEATON asked whether the committee interpretation was that the district will make a good faith effort. There was no objection from committee members. 8:32:38 AM REPRESENTATIVE EDGMON expressed his strong support of AMYA and the intent of the bill. He asked whether a brochure received in the mail with an alternative to school may have a different impact in Anchorage than in rural Alaska. MS. COMEAU noted that the Anchorage high school division and its graduation coaches are supportive of the benefits of AMYA. Sending notification in the mail is not always the best approach even in Anchorage due to the great cultural diversity of the student population. Personal contact is always the best approach, although the most effective communication may be different in rural communities. 8:35:53 AM REPRESENTATIVE EDGMON observed there might be a more effective means to inform rural students about the AMYA, rather than sending a brochure. He suggested this requirement may not "measure up" for all districts. MS. COMEAU acknowledged AMYA has many means to provide information about its program, including statements from successful graduates. 8:37:48 AM CHAIR SEATON related that he had spoken with a rural superintendent and discovered that annual intake forms were not being completed in some schools. 8:39:38 AM EDDY JEANS, Director, School Finance and Facilities Section, Department of Education and Early Development (EED), expressed his understanding that if parents do not "opt-out," the directory information is provided at the beginning of the school year. On the other hand, for the youth behavior survey, parents must "opt-in." Thus, if there is no written consent, directory information can be published. In terms of the penalty phase, EED has broad sanctions for school districts that do not comply with state laws and regulations. Mr. Jeans advised AMYA would inform the department of a school district's non-compliance, and EED would contact the district. CHAIR SEATON assumed EED would provide notice and an opportunity for the school district to take corrective action before withholding state funds. MR. JEANS indicated yes. 8:41:41 AM CHAIR SEATON concluded that if a parent does not sign to opt- out, the information would be provided. 8:42:22 AM JACK WALSH, Superintendent, Bristol Bay Borough School District, said that although there are only 150 students in his school district, "we pay close attention, like Anchorage does, and every other district, to where each of those children are and the kinds of things that they are doing." Compliance with the provisions in the bill would not be as great a challenge for smaller school districts; however, his school district is already staying in contact with students who did not continue through school. Mr. Walsh pointed out that AMYA would not be the program for every student, but military academies are able to provide what many "need to get on to the next steps in their lives." He agreed with the previous witness that providing directory information on every 15-19 year old student is a concern for his district; however, he expressed his desire to cooperate with AMYA and other programs that could serve students who have left the school system. 8:44:42 AM REPRESENTATIVE EDGMON asked whether the bill would help promote a program like this to drop-outs in a school district of 150 students. MR. WALSH indicated yes. A small school does not have a counselor on staff to assist students who are at-risk of not finishing school, and AMYA offers opportunities and hope to families. Although schools do their best, he concluded that schools are not perfect for every child and every family. REPRESENTATIVE EDGMON then asked whether are there any AMYA graduates formerly from the Bristol Bay Borough School District. MR. WALSH said he was unsure. He added that students who fail to graduate from his school district often move to other communities, raising the cost to "track them." 8:48:06 AM CHAIR SEATON remarked: I think the question of all 15 year olds is off the table, because it had to have been someone who was enrolled but is no longer enrolled. ... [For] clarification for your question from the sponsor as well, that we are talking about students [who] were enrolled in that year, and then dropped out during that time and ... not a cumulative number of people that were enrolled at some time and left, so that this would be a cumulative growing list.... I don't think that is the intent. MR. WALSH agreed the sponsor and AMYA presented the bill as a way to contact students about an opportunity, but not as a vehicle to "push them in the direction of military service." 8:49:47 AM CHAIR SEATON closed public testimony. 8:50:02 AM CHAIR SEATON confirmed that the intention of the bill was to affect students that were enrolled at the start of the reporting period, and are no longer enrolled at the end of that reporting period. Furthermore, the reporting period does not carry over to subsequent reporting periods. MS. WALLEN said that was her understanding. 8:51:21 AM REPRESENTATIVE EDGMON moved to report the CS for HB 360, [Version P], out of committee with individual recommendations and the accompanying fiscal notes. 8:51:36 AM REPRESENTATIVE GARDNER objected for the purposes of discussion. She then directed attention to a letter in the committee packet suggesting a reference to whether a student is deceased, and questioned if this reference should be added to the bill. 8:52:16 AM MS. WALLEN advised that students who are deceased are coded differently in the school enrollment system, and would not be indicated on the roll as a drop-out. 8:52:53 AM REPRESENTATIVE GARDNER removed her objection. 8:52:57 AM There being no further objection, CSHB 360, Version P, was moved from the House Education Standing Committee. 8:58:00 AM The meeting was recessed to a call of the chair. 9:37:41 AM CHAIR SEATON called the committee back to order. Present at the call back to order were Representatives Seaton, Gardner, Edgmon, P. Wilson, and Munoz.