HB 108-CONCURRENT SECONDARY & TRADE SCHOOL  9:16:58 AM CO-CHAIR STORY announced that the final order of business would be HOUSE BILL NO. 108, "An Act relating to concurrent vocational education, training, and on-the-job trade experience programs for students enrolled in public secondary schools; relating to child labor; and providing for an effective date." 9:17:47 AM REPRESENTATIVE GILLHAM moved to adopt Amendment 1 to HB 108, labeled 32-LS0345\G.2, Marx, 2/8/22, which read as follows: Page 5, line 30, following "(18)": Insert "collaborate with school districts to" Page 6, line 9: Delete "The department" Insert "A school district" Page 6, line 14: Delete "The department" Insert "A school district" Page 7, line 2, following "department": Insert "or the school district" Page 7, line 3, following "department": Insert "or school district" Page 7, line 7: Delete "department" Insert "school district" Page 7, lines 8 - 9: Delete "The department shall annually compile, provide to school districts, and publish on the department's" Insert "A school district shall annually compile and publish on the school district's" Page 7, line 11: Delete "department" Insert "school district" Page 7, lines 12 - 14: Delete all material and insert: "(b) For each listed program, the school district shall identify any geographic attendance restrictions and program availability." Page 7, line 15: Delete "The department" Insert "A school district" Page 7, line 20: Delete "department" Insert "school district" Page 8, following line 24: Insert a new section to read: "Sec. 14.35.130. Definition. In AS 14.35.100 - 14.35.130, "school district" or "district" means a borough school district, a city school district, or a regional educational attendance area." REPRESENTATIVE HOPKINS objected for the purposed of discussion. 9:18:00 AM The committee took an at-ease from 9:18 a.m. to 9:21 a.m. 9:21:08 AM REPRESENTATIVE GILLHAM asked to hear from the bill sponsor regarding the changes proposed under Amendment 1. 9:21:34 AM REPRESENTATIVE KEN MCCARTY, Alaska State Legislature, as prime sponsor, announced that Amendment 1 changes the language in HB 108 to allow school districts an active role in decision making, contracting, and connecting with instructors [for career and technical education (CTE), training, and on-the-job programs]. He stated that the amendment moves the responsibility from DEED to the school districts. 9:22:36 AM REPRESENTATIVE MCCARTY, in response to Co-Chairs Story and Drummond, confirmed that Amendment 1 would allow DEED to collaborate with the school districts to provide opportunities [for CTE programs]. He continued to elaborate on the changes in the bill, stating that the districts have asked to be involved because they know the resources in the region better than DEED. He stated that if school districts made their own [CTE] contracts, the process would be less expensive. 9:25:53 AM CO-CHAIR DRUMMOND questioned whether shifting responsibility from DEED to the school districts "in every instance" would reduce the fiscal note. She stated that there is around a $400,000 fiscal note in the first year and $600,000 to $900,000 in the "out years" from DEED. REPRESENTATIVE MCCARTY offered his understanding that from the discussion last year there may be a zero fiscal note. He stated that DEED will wait for that committee's decision on the amendment before making the fiscal note, as it may contain regulation changes. He stated he believes the new fiscal note would be far less than what is reflected in the current fiscal note. 9:27:16 AM REPRESENTATIVE MCCARTY, in response to a question from Representative Hopkins, stated that he believes all school districts would like to be part of the contracting decisions. In response to a follow-up question, he stated that he communicated with the districts via Internet, telephone, and people coming into the office. He stated he felt school districts were apprehensive about HB 108, and Amendment 1 will gather more support for the bill [by giving school districts more involvement establishing CTE programs]. REPRESENTATIVE HOPKINS referenced the section of the amendment on page 7, lines 8 and 9, that switches the program publication requirement from DEED to the school districts. He questioned whether DEED should be an intermediary for program ideas, or each school district should develop its own programs. REPRESENTATIVE MCCARTY stated that some school districts became concerned by a possible [DEED] requirement for districts to provide [multiply standardized CTE] programs. The amendment enables school districts to offer specific programs to their region. In response to a follow-up question, he stated program publication within districts enables local students and families to be a part of regional programs. He added this will enable schools to have "bragging rights" on the new careers of alumni. 9:31:00 AM REPRESENTATIVE HOPKINS withdrew his objection. There being no further objection, Amendment 1 to HB 108 was adopted. 9:31:21 AM REPRESENTATIVE GILLHAM moved to adopt Amendment 2 to HB 108, labeled 32-LS0345\G.3, Marx, 2/8/22, which read as follows: Page 6, line 8: Delete "from nonsectarian agencies" Page 6, line 14: Delete all material. Reletter the following subsection accordingly. 9:31:27 AM REPRESENTATIVE HOPKINS objected for the purpose of discussion. 9:32:06 AM REPRESENTATIVE MCCARTY stated, per the Alaska State Constitution, DEED cannot give funds directly to a sectarian school or organization. He explained that in some villages there may be a sectarian school or organization offering [CTE] programs. If the public school would like to offer that CTE program, the district could contract with that sectarian school or organization. He stated that this would not entail sectarian belief in the classroom. 9:32:49 AM REPRESENTATIVE HOPKINS inquired whether Representative McCarty had obtained legal analysis from Legislative Legal Services about credit being earned from a sectarian institution. REPRESENTATIVE MCCARTY stated that the school credit comes from the public school that has contracted with a sectarian school or organization with onsite training. He stated that he learned from Legislative Legal Services many examples of indirect funds that follow students to the different schools, as a student with a state scholarship for post-secondary education may attend a sectarian university. He explained that the sectarian school would not receive money directly. In response to a follow-up question, he stated that school districts can contract with a sectarian school or organization for CTE if the instructor at that entity has a Type M Certificate. REPRESENTATIVE HOPKINS expressed his confusion and speculated whether DEED would supply a Type M Certificate to an individual who is not a school district employee but a sectarian school employee. REPRESENTATIVE MCCARTY stated his understanding is to allow school districts latitude to contract and offer CTE programs with all entities in their region. He continued that this requires instructors to have a Type M Certificate before being contracted, per the language of the bill. REPRESENTATIVE HOPKINS established that the language initially in the bill specified nonsectarian agencies, but now the amendment takes out the language. He then questioned if Legislative Legal Services initially put in the language or whether it was the request of the sponsor. REPRESENTATIVE MCCARTY responded that during the original draft of the bill Legislative Legal Services referenced the Alaska State Constitution in its recommendation to include the language. He stated that school districts requested more latitude [establishing CTE programs], and they asked to have the language removed. 9:37:42 AM REPRESENTATIVE HOPKINS maintained his objection to Amendment 2 to HB 108, explaining that if Legislative Legal Services included language due to constitutional concerns, he believes the language should remain in the bill. He stated he is apprehensive to "open doors" that would impact the constitution. He stated he strongly supports the concept of the legislation to avail avenues for apprenticeships and on-the-job training, but due to constitutional concerns he maintains his objection. 9:38:31 AM CO-CHAIR DRUMMOND expressed confusion regarding Amendment 2, remarking that a nonsectarian organization is not associated with a religion or a church, so a college, a trade school, or another nonunion association may or may not offer classes. She stated she would like to divide the question. She argued that the first part of the amendment does not make sense with the second part. She stated she does not understand the removal of "nonsectarian agencies" on line 8 or the removal of line 14. She stated her objection to Amendment 2. 9:39:56 AM The committee took an at-ease from 9:40 a.m. to 9:41 a.m. 9:41:41 AM REPRESENTATIVE GILLHAM withdrew his motion to adopt Amendment 2 to HB 108. 9:41:47 AM The committee took an at-ease from 9:41 a.m. to 9:43 a.m. 9:43:07 AM CO-CHAIR STORY announced that HB 108 was held over.