HOUSE BILL NO. 367 "An Act relating to part-time public school students; and providing for an effective date." FRED DYSON, SPONSOR testified in support of HB 367. He observed that HB 158 was passed during the 1997 legislative session. House Bill 158 provided that school districts could not discriminate against part-time students. He observed that the Anchorage School District has not complied with the intent of the legislation. The Anchorage School District has used a regulation stating that requests by part-time students would be filled after requests by full- time students have been satisfied. He maintained that HB 158 and the Alaska State Constitution provide that part-time students be treated equally. He clarified that preferences could be given to students who needed a class to graduate, but that both part-time and full-time students must be treated the same. He observed that the State Board of Education would meet during the next week. He expressed the hope that the Board would modify 4AAC 45.035(b) to bring the regulations into compliance with HB 158. Representative Dyson referred to a letter by Patrick Hickey, Assistant Superintendent, Kenai Peninsula Borough School District, dated 2/6/98. He noted that Mr. Hickey inferred that part-time students should be treated in the same manner as tourist or out-of-state hunters that have to pay an extra fee. He pointed out that the parents of part-time students pay taxes. Representative Dyson observed that the Department of Education's fiscal note is indeterminate. He acknowledged that it would be impossible to determine how many students would take advantage of the legislation, but did not thin that the number would be great. He observed that 96 of the 42,000 students in Anchorage attend part-time. Co-Chair Therriault disagreed with Mr. Hickey's assessment that the legislation would create a preference for part-time students. He observed that a policy allowing graduating seniors preference would be within the scope of the legislation, as long as part-time and full-time students were treated equally. Representative Dyson acknowledged concerns that part-time students not be enrolled in multiple districts. Representative Davies observed that students can attend any school in a district. If the school is outside of their attendance area then they are admitted on a first come basis. He maintained that part-time students should not have priority over full-time students. He observed that the Valdez superintendent did not anticipate a large impact as a result of the legislation. The Valdez superintendent observed that 10 percent of the full-time students dropped classes to become part-time students as a result of HB 158. Representative Davies expressed concern with this unintended affect. Representative Dyson stated that part-time students should be treated the same as full-time students in regards to attendance in schools outside of their attendance areas. He observed that some part-time students are taking college classes or working while they finish their high school requirements. Representative Davies asked if the legislation would apply to elementary students. He observed that it could be disruptive to elementary classes to have children come and go through the day. Representative Dyson noted that special needs children have benefited by a gradual exposure to the public school environmental. LISA TORKELSON, STAFF, REPRESENTATIVE DYSON recounted a case where a child was having difficulty reading. The child benefited from a combination of home schooling and public school attendance. She observed that the number of elementary students attending on a part-time basis is minimal. Representative Foster MOVED to report HB 367 out of Committee with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HB 367 was REPORTED out of Committee with a "do pass" recommendation and with and a fiscal impact note by the Department of Education, dated 3/11/98.