SB 41-SCHOOL SPORTS/INTERSCHOLASTIC ACTIVITIES  9:28:39 AM CHAIR GATTIS announced that the next order of business would be SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41, "An Act relating to student participation in interscholastic activities; and providing for an effective date." 9:28:48 AM SENATOR FRED DYSON, Alaska State Legislature, speaking as the sponsor, informed the committee the intent of SBSB 41 is to correct an omission in legislation passed last year. JOSHUA BANKS, Staff, Senator Fred Dyson, Alaska State Legislature, introduced SSSB 41 on behalf of Senator Dyson, sponsor. Mr. Banks said that with the continuing rise in popularity of alternative education programs, many school districts are including students from home schools and correspondence schools. In 1997 the Alaska Legislature passed into law House Bill 158 which allowed for school children enrolled in private, correspondence, or home school programs, to also enroll as part-time students in a school district. However, a problem arose related to whether a home school student was allowed to play on a football team. In response, in 2012 the Alaska Legislature passed Senate Bill 119 which allowed for high school children enrolled in an alternative education program to also participate in interscholastic activities available at a public school. Unintentionally, private and religious schools were not addressed in the law, and the Alaska School Activities Association (ASAA) recently advised home school parents that their children are ineligible to participate in high school interscholastic activities at a non-public school. MR. BANKS said SSSB 41 will allow students to participate in private schools, adding that private schools are not required to accept a home school student onto a sports team, but the bill prevents the systematic rejection of alternative education students from the participation of activities and establishes that the law cannot be a barrier to disallow alternative education students from participation in interscholastic activities. 9:33:15 AM SENATOR DYSON advised that the Sponsor Substitute for SB 41 strikes the word "entirely" from Section 1 of the bill passed last year. This was necessary because the interpretation of the bill was that all materials being used by an alternative school had to be from within the state. REPRESENTATIVE LEDOUX asked why a state law is needed to allow private schools to accept participants on their athletic teams. SENATOR DYSON explained that ASAA sets the policy for all schools that participate in a sports league. After the passage of last year's legislation, a home school student could participate in interscholastic athletics; however, the private school would then be excluded from the league. In further response to Representative LeDoux, he confirmed that ASAA must conform to state law, thus the bill is necessary so that a home school student can play for a private school and not disqualify the private school from participating in the league. 9:35:27 AM REPRESENTATIVE P. WILSON moved to adopt SSSB 41, as the working document. There being no objection, SSSB 41 was before the committee. REPRESENTATIVE SADDLER stressed that high school athletics is not the same as high school activities; interscholastic activities include not only sports but also band, cheerleading, chess club, and other activities. He requested ASAA to clarify his understanding that under Senate Bill 119 it is not optional for a public school to accept a student, if the student is eligible to participate. MR. BANKS clarified that Senate Bill 119 and the proposed bill ensure that schools have the "final say" on whether to accept students to play sports. SENATOR DYSON recalled House Bill 158 in 1997 required a school to accept a part-time student, but Senate Bill 119 and SSSB 41 are permissive related to athletics and activities. In response to Representative LeDoux, he said the bill would apply to playing sports at private schools. REPRESENTATIVE REINBOLD asked for a description of the situation at Chugiak High School. SENATOR DYSON said the situation at Chugiak revealed a problem: Chugiak High School approved the participation of a student, but ASAA declared the student ineligible, and the football team was disqualified for the season. Senate Bill 119 solved that problem, but unintentionally excluded private schools, which left the need for SSSB 41. REPRESENTATIVE P. WILSON surmised that all the games were lost due to one student. SENATOR DYSON said yes. In further response to Representative P. Wilson, he explained that the student wanted to play and the school official thought the requirements for his eligibility were met. REPRESENTATIVE SADDLER, in response to Representative P. Wilson, added that the student was a home school student who received permission from Chugiak High School to play, but at the end of the season the team was forced to forfeit the three games in which the student played, which were victories. REPRESENTATIVE P. WILSON asked whether the student was recruited. 9:42:33 AM MR. BANKS responded that ASAA bylaws carry strict penalties against recruiting; even with the passage of the bill, private schools could not recruit. REPRESENTATIVE P. WILSON opined it should not be said that the school lost all of its games because of one student. CHAIR GATTIS clarified that a home school student has no team to play with and last year's legislation allowed public schools to accept home school students on their teams. The proposed legislation would also allow private schools to accept home school students on their teams. This legislation is necessary to satisfy ASAA's interpretation of the statute. 9:44:55 AM GARY MATHEWS, Executive Director, ASAA, explained ASAA is the statewide governing body for interscholastic activities which include athletics, fine arts, and academic activities in all of its 200 plus member high schools in Alaska. To be an ASAA member, a school agrees to follow a common set of rules. Every school district in the state and all of the high schools, except a few small, private high schools, are members. He agreed with previous testimony that last year Senate Bill 119 solved the problems associated with the situation at Chugiak High School, but because Senate Bill 119 specifically addressed public schools, the ASAA board felt ASAA did not have the authority to include private and religious schools. Therefore, amendments to ASAA bylaws in response to Senate Bill 119 were limited to the public school sector. However, ASAA embraces the intent of SSSB 41; in fact, ASAA has begun the process to amend its bylaws to include the private and religious schools that are in its membership. Mr. Mathews said he expects the ASAA board to open eligibility to private and religious schools in any case. He stated that the clarification on the definition of alternative education that is included in SSSB 41 is also supported by ASAA; further, ASAA recently amended its bylaws to implement the aspects of Senate Bill 119, and is prepared to incorporate the additional changes authorized by [SSSB 41] as of July 1. 9:47:56 AM REPRESENTATIVE LEDOUX restated that even if the bill does not pass, ASAA will allow home school students to participate and questioned why this action was not taken before. MR. MATHEWS explained that the language in Senate Bill 119 identified public schools which raised a constitutional question. He pointed out that SSSB 41 gives private schools the opportunity to accept students, however, ASAA's interpretation of Senate Bill 119 is that public schools do not have the option of accepting a home schooled student if the student lives within the school's attendance area and meets eligibility standards. This does not guarantee that the student makes a team or is placed in a band, he cautioned. REPRESENTATIVE SEATON said his understanding, as well, is that Senate Bill 119 did not guarantee a student a place on a team at a public school, but did guarantee that he/she was eligible to participate. He directed attention to SSSB 41, page 2, line 9, which read: ... is eligible to participate in any interscholastic activities program available in a religious or other private school regulated under this chapter REPRESENTATIVE SEATON opined this is the same wording and requirement as that of the public school, which does not grant an option, but that acceptance is required. He then directed attention to subsection (b), page 2, lines 15-19, which read: (b) A student is eligible to participate in interscholastic activities under this section if the student (1) is otherwise eligible to participate in interscholastic activities under requirements established by the school and the statewide interscholastic activities governing body REPRESENTATIVE SEATON advised the language does not allow acceptance on a case-by-case basis, and asked whether all students are to be accepted. To clarify, he asked if the sponsor believes Senate Bill 119 "didn't guarantee him a slot on the team but did give him, guarantee them, the ability to participate, to apply and participate, and if we have the same thing here, I don't see the distinction between us not imposing on private schools what we imposed on public schools, that they must make available those opportunities to students that are really not ... enrolled in their school." 9:53:01 AM SENATOR DYSON noted that page 1, line 7, states "is eligible," as does page 2, line 9. He advised that just because students are eligible to participate, does not mean the school is required to allow them to participate. Also, participation does not guarantee placement on a team or in a band. Senator Dyson said the language "eliminates that bar of eligibility for that student, but - in my understanding - it's still permissive for the school." MR. MATHEWS stated that schools do not have the authority to decide whether a student is eligible, but must follow the rules, policies, and bylaws established by ASAA. He explained that public high schools have attendance areas, although some districts allow students to attend out of the area in which they live. However, private schools do not have attendance areas, but are community-wide. Senate Bill 119 said a student is eligible at the public school they would normally attend, if they were attending a public school, or with approval of the school district. He directed attention to SSSB 41, page 2, lines 6-14, which read: (a) A full-time student who is eligible under (b) of this section who is enrolled in grades nine through 12 in an alternative education program that is located in the state and that does not offer interscholastic activities is eligible to participate in any interscholastic activities program available in a religious or other private school regulated by this chapter (1) that the student would be eligible to attend were the student not enrolled in an alternative education program; and (2) at which the student requests to participate, if the administrator of the school approves. MR. MATHEWS pointed out that the above-referenced language is not in Senate Bill 119; in fact, the school administrator must approve only if the student wants to attend a school that he would not normally attend. This is the basis of the distinction made by ASAA. 9:57:43 AM REPRESENTATIVE P. WILSON supported language that specifies the student should choose the school in their attendance area. MR. BANKS explained that the bill makes no limits on where a student attends a private school. SENATOR DYSON added that private schools and some public schools are not limited to students from a certain geographical area. REPRESENTATIVE P. WILSON surmised that the change is that students in a private or religious school can participate anywhere they wish. SENATOR DYSON agreed, adding that waivers are available for public school students who wish for permission to attend outside of their attendance area. 10:00:56 AM REPRESENTATIVE SADDLER read from Senate Bill 119, which becomes effective July 1, as follows: If a home school student wants to participate in interscholastic activities at their local attendance area they can do so if they are otherwise eligible .... If that student who is home schooled wants to participate in interscholastic activities at a school outside of his attendance area, he can do so if: (a) he shows good cause ... and if the governing body of the school approves. REPRESENTATIVE SADDLER explained that SSSB 41 allows students who are home schooled to participate in interscholastic activities at a private or denominational school anywhere in a school district - not only in their attendance area - because the nature of a private school is citywide attendance. REPRESENTATIVE P. WILSON said, "... we're now saying that public school kids can't do it, but if you're rich enough to go to a private school you can go anywhere you want." MR. BANKS clarified that Senate Bill 119 states that a home school student is eligible to participate, based on the residence of the parent or legal guardian, where the student would be eligible to attend, were the student not enrolled in an alternative education program. REPRESENTATIVE P. WILSON interjected with the following question: "So we're not giving ... private schools ... an advantage that public school kids can't have." SENATOR DYSON stated that the bill proposes the eligibility rules of the particular school apply. For example, elementary schools generally want students from the neighborhood, but kids can go to the ABC schools because of the eligibility rules of the ABC schools. In response to Representative P. Wilson's question, he said no. REPRESENTATIVE P. WILSON restated her question, and her opinion that the answer is yes. 10:05:01 AM REPRESENTATIVE SADDLER observed that Representative P. Wilson was trying to determine whether a private school student can attend any public school they wish for activities. He said the answer is no; the bill allows a student who is home schooled to participate in interscholastic activities at a private school or denominational school. REPRESENTATIVE SEATON returned attention to page 2, line 13, which read: ... if the administrator of the school approves. REPRESENTATIVE SEATON asked for confirmation that this language means that participation by students will be handled on a case- by-case basis, and eligibility will be based on any criteria that the private school chooses. SENATOR DYSON said yes. REPRESENTATIVE SEATON concluded that private schools retain the ability to discriminate on many grounds. Additionally, he emphasized that the proposed legislation only addresses home school students who are in a program "that is accredited by a recognized accrediting body." SENATOR DYSON concurred. 10:08:01 AM REPRESENTATIVE REINBOLD stated her support for SSSB 41, saying it will encourage participation in sports and band, helps home school students interact with their peers, and empowers parents. REPRESENTATIVE SADDLER stated his support for Senate Bill 119 last year was partly based on the fact that parents of home school students pay property taxes that support local public schools. He said: I have a question or concern whether the students, parents of the students who are home schooled, accredited home schools ... will be paying the support for the private schools or religious schools to whom, to which, their kids want to attend. I will assume that the administrators of those private or religious schools will have provisions for the expense of that, and with the decision accept them, that they will make note that there might be some cost involved. SENATOR DYSON indicated that is right. REPRESENTATIVE P. WILSON concluded the bill relates only to a home school student who wants to go to a private or religious school. 10:09:52 AM CHAIR GATTIS opened public testimony. 10:10:04 AM The committee took an at-ease from 10:10 a.m. to 10:11 a.m. 10:11:17 AM REPRESENTATIVE SEATON asked for further clarification on the interpretation of language on page 2, lines 13 and 14, which read: at which the student requests to participate, if the administrator of the school approves. REPRESENTATIVE SEATON surmised this means that the school can apply any criteria that the school is allowed to employ. For example, anything that is not prohibited under the constitution can be used for the private school to approve or disapprove. SENATOR DYSON, speaking as the sponsor of the bill, agreed with Representative Seaton's interpretation of that statement in the bill. CHAIR GATTTIS, after ascertaining no one wished to testify, closed public testimony. 10:12:34 AM REPRESENTATIVE SADDLER moved to report SSSB 41 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, SSSB 41 was reported from the House Education Standing Committee.