HB 156 - STUDENT ACCESS TO SCHOOL PROGRAMS Number 087 CO-CHAIR BUNDE announced that HB 156 was introduced by the HESS committee by request. This bill aims to benefit students who participate in the Alaska State Centralized Correspondence School (CCS). This is also commonly known as "home school." In addition, it aims to benefit private school students and independent home school students. Currently, these students do not have access to public school co-curricular programs, including drama, debate, music, band, and sporting events. CO-CHAIR BUNDE said the Anchorage School District (ASD), among other districts, offers educational alternatives such as "back to basics" elementary programs, foreign language immersion programs, "school within a school," and "stellar and polar alternatives." Students who attend district-sponsored alternatives are allowed access to co-curricular programs. This discriminatory practice of locking out students who are not enrolled in public education fosters a system of education which allows for complacency and mediocrity. Number 202 CO-CHAIR BUNDE noted competition in any monopoly is healthy and can assist in providing the best possible education for Alaska's students. Alaska's Department of Education (DOE) has held public hearings on this issue. The Alaska School Activities Association (ASAA) and the ASD strive to enforce rules and regulations that prevent private, home-schooled and CCS students from participation in these extracurricular activities. CO-CHAIR BUNDE said this legislation would provide equal access to all programs for all students regardless of enrollment. Number 262 JOHN DAHLGREN, Associate Superintendent of Schools, Kenai Peninsula Borough School District, testified via teleconference that the participation of home-schooled students, i.e., those students who are not enrolled in the district correspondence, is something the school board has wrestled with over the last year. Although the district has tried to provide access to home-schoolers that are in specialized classes, those stipulations are being laid out at this particular time. MR. DAHLGREN said the district does allow home-school students to take and participate in the co-curricular activities and competitions as long as the students are associated with that class. Classes may include the district honor band, choir, and music. It is very important to provide parents and students with a choice. However, Mr. Dahlgren is somewhat apprehensive to begin running "boys and girls clubs" for students who are not enrolled in a particular school. MR. DAHLGREN said participation is one thing, representation is another. The district is attempting to follow school board guidelines. If students are enrolled in one course, the district obtains a .25 full-time equivalent student (FTE). If the student is enrolled in two courses, the district obtains a half-time FTE. Three courses obtain a .75 FTE, and four or more obtains a full FTE. A three-quarters or full-time FTE is counted in the foundation formula. That has not been put forth yet, although it has been acted upon. It is the understanding of Mr. Dahlgren that this issue is still in the Attorney General's Office. Number 394 MR. DAHLGREN said the district is going to propose to the school board that all students who are enrolled in district correspondence be allowed to participate. Students that are enrolled in at least three classes will be allowed to participate and represent the school, except in programs that are extensions of the classroom such as music and band. MR. DAHLGREN hoped the legislature would look at this issue carefully. There is a difference between participating and representing. There needs to be guidelines. Mr. Dahlgren was very apprehensive to open up the interscholastic program to anybody that says they are home-schooled. Obviously, a curriculum must be laid out. Students who are on state correspondence used to be able to participate because the state paid the activity fees for those students. Budget reductions have eliminated that option. Number 486 MR. DAHLGREN noted that even private and home schools, by state statute, are private schools. There are many private schools in Alaska that are also members of the Activities Association. They offer an interscholastic program. Mr. Dahlgren hoped HESS Committee members would make sure HB 156 contains very specific parameters so districts can have some guidelines to function within. He did not wish for activities to be opened to any party across the board. Number 543 CO-CHAIR BUNDE thanked Mr. Dahlgren for his testimony, and asked that subsequent testimony be limited to three minutes. Co-Chair Bunde asked if, when Mr. Dahlgren spoke of representation, that he was speaking of, for example, basketball teams that represent various school sites and competitive teams. MR. DAHLGREN said that is what he was referring to. He said it is one thing to participate in a class. However, when someone puts on a uniform, they are then representing their community and the school they are attending. There are certain responsibilities that go with that representation. He is very concerned with the fact that there may be many students asking to participate, and that the district does have eligibility standards. The district has been to the board on several instances when parents have challenged the district's grade requirements. MR. DAHLGREN does not want to see students opting out of the district's program in favor of a home-school program and have grades be assigned by parents. He was not saying that occurred often, but that was a point of concern. Number 668 CO-CHAIR BUNDE would expect that any student participating in a public school program would have to abide by the same requirements. Number 679 CO-CHAIR CYNTHIA TOOHEY asked if Mr. Dahlgren was referring to the CCS, or any home-school program. MR. DAHLGREN said the CCS did, at one time, pay dues to the Alaska School Activities Association. Those students were then able to participate in the public school setting. When Mr. Dahlgren refers to home-schooling, he refers to students who participate in CCS. His district has students participating in the district's correspondence that are home-schooled. Those students are still members of the Kenai Peninsula Borough District. MR. DAHLGREN said the district contains some individuals that apply directly to various correspondence courses throughout the country. All of those students must be participating in some sort of approved program. When using the term "home-schooled," he refers to any student who is not taking district correspondence school. Number 770 REPRESENTATIVE GARY DAVIS asked if the school board feels it could implement such a participation program without HB 156, considering it has been studying this topic for some time. MR. DAHLGREN said he has discussed this topic with the school board, and the board is trying to make access for home-schoolers. There has been several instances in which students participating in choir had gone to all-state. Currently, those students can be counted as enrolled students. The state school board is attempting to "better define" what a student is. CO-CHAIR BUNDE noted for the record that Representative Robinson joined the meeting at 2:12 p.m. Number 858 MARYJEAN YRAGUI, testifying via teleconference from Kenai, spoke on behalf of her husband and herself. She said they support HB 156. Their tax dollars are used for the benefit of the public school system as a whole. If her children are excluded from participating in extracurricular activities, then her tax dollars should also be excluded. MS. YRAGUI and her husband have elected to teach their children at home for a number of reasons. They strive to customize their children's education according to their beliefs, and to provide the uninterrupted educational benefit of a one-on-one student-teacher ratio. Separation of church and state, which is required by law in public schools, is another reason why the Yraguis chose home- schooling. Number 897 MS. YRAGUI said her family supports the public school system with money generated from her household with no benefit anticipated other than the right for her children to participate in extracurricular activities when desired. The Yraguis will continue to support the process and hope legislators will be amenable to the needs of all children, including those who are home-schooled. MS. YRAGUI said her children have grown up in a very positive and loving atmosphere, and she believes their participation in extracurricular activities would only enhance the learning process of all children involved. Number 929 CO-CHAIR TOOHEY urged the Yraguis not to take on the IRS, because that is a losing battle. This problem needs to be solved in Alaska. MS. YRAGUI assured Co-Chair Toohey that was not her family's intention. Number 949 ISABEL HUESTIS testified via teleconference from Kenai. She said her tenth-grade son is presently enrolled in an excellent accredited college preparatory course for home study. Ms. Huestis pays for that program. Her son's choice was to home-school after attending Skyview his freshman year. MS. HUESTIS'S son loves basketball. In order to develop his athletic talent by taking extracurricular basketball at the varsity level, he is currently required to take three courses at Skyview High School. This makes a total of eight classes each day for her son. This disrupts the boy's educational schedule at home. As a committed parent, Ms. Huestis feels he should have a choice and not be denied access to the school sport program, as her son is currently meeting all the state's requirements for his education. Therefore, Ms. Huestis is in favor of the passage of HB 156. Number 1003 GISELLE BERGERON spoke on the behalf of Huntwood Christian School. She said her school is administered as a private home school as provided by AS 14.45.100, and has been since 1984. Currently, there is one student enrolled. That student has desired, for a number of years, to cross-country ski at the high school level. This was an expensive venture. The school paid over $250 for membership fees to the ASAA, only to find out the school must also be paid $150 for regional fees. MS. BERGERON said this $400 gained the child access to ten ASAA sponsored ski meets. That equals $40 per meet for one student. This figure does not include other charges involved in the sport, such as the $350 coaching fee, $200 travel fee, and $1,000 in equipment and clothing. MS. BERGERON and her husband pay taxes to support the local school system. They have not asked the ASD to educate their children. They have exclusively educated the children themselves. She has only asked that the students in her school be able to participate in one sport each year. The ASD denied that request, in part because of the ASAA enrollment policy. Several years ago, Huntwood Christian submitted a waiver to ASAA asking the organization to exempt the home school students from the enrollment policy. That waiver was denied. MS. BERGERON said for a number of years, her children were caught in a no-win situation. They were denied access to sports with children their own age. Number 1092 MS. BERGERON said ASAA was joined out of desperation, but members of the legislature must agree that $400 is an unfair price for one student to gain access to a few ski meets. Oregon has had a law since 1991 allowing home-schoolers access to interscholastic activities. In a recent study done by the Oregon School Activities Association, it was found that out of 5,000 home-schooled students, only 40 participated in interscholastic activities. MS. BERGERON continued that the fear that home-schooled students will displace public school students is blown out of proportion. The ASD says there are 500 home-schooled children in Anchorage, but only a small portion of those are high school children. The exact number breakdown was not given. Even a smaller portion of the high school kids in Anchorage will be interested in interscholastic activities. MS. BERGERON stated the ASD also said it would be a logistical nightmare to account for home-schooled students participating in public school activities. Discipline and attendance are two major concerns for the ASD. These aspects can be dealt with in an equitable manner that will put the burden on home-schooled students and their parents. Washington, Oregon, California, Colorado, Maine, New Hampshire, New Mexico, Iowa, Minnesota and Vermont are some of the states that have given home-schoolers access to interscholastic activities. MS. BERGERON asked the HESS Committee members to please pass HB 156. Number 1170 CO-CHAIR BUNDE noted that concern was expressed that a child who was only going to high school for sports could drop out and say he or she was being home-schooled. Then, their parents could give the child all "A"s, so the student would remain scholastically eligible. He asked Ms. Bergeron how she would address that problem. MS. BERGERON doubted that any home-school parent would find themselves in that situation. Most home-schooled parents are completely dedicated. They would not allow such a situation. Number 1216 SANDY BLOMFIELD testified via teleconference from Anchorage. She praised HESS Committee members for introducing HB 156. Competition is the key. If the state allows areas of competition into the public education system, all will benefit. Instead of locking out alternative education students from co-curricular activities, the existing system will have committed students and correspondingly involved parents if students in alternative schooling can participate in those activities. MS. BLOMFIELD said everyone will benefit from this situation. Schools that charge fees are now commonplace. A student in Anchorage can reside in one district and attend an alternative school, and benefit from participating in activities at a school in another district. The freedom and access to public school students needs to be extended to home-schools, correspondence schools, charter schools and private schools. MS. BLOMFIELD stated that arguments against HB 156 are without merit. However, she addressed three of those arguments. The first is that school spirit would suffer. No member of an activity who has gone through the trial and practice process would have a lack of motivation or school spirit. Number 1289 MS. BLOMFIELD said the rules of eligibility and discipline are applicable to all students, regardless of where they choose to attend school. The administrative burden can accommodate students and parents without adding unnecessary cost to the school system. MS. BLOMFIELD stated a third fear is that allowing extracurricular access to students who are schooled alternatively will displace more deserving students who attend the school. Ms. Blomfield noted that all teams are chosen on the basis of a tryout and individual challenges. MS. BLOMFIELD noted that HB 156 addresses all the issues she had discussed. She thanked HESS Committee members for considering HB 156. Number 1325 STEVEN PORTER testified via teleconference from Anchorage in support of HB 156. The aim of the state should be to encourage a well-rounded education for all children. The administrative and financial impediments should not be used to deny students the right to participate. MR. PORTER said in his profession, he often sees regulations and laws, and then he studies the issue or problem. He noted that regulations do not always solve the problem. HESS Committee members must ask themselves what they really want to happen. The HESS Committee members must look at the laws and regulations and change them to make sure the laws and regulations are capable of changing the existing state. MR. PORTER recommended HESS Committee members focus efforts on encouraging the development of extracurricular activities for the state's children. HESS Committee members should be looking at providing the best possible education for all Alaskan students. Number 1390 MR. PORTER asked to comment on the eligibility concerns, and the concern that failing or poor students will ask to participate. Mr. Porter's son is a home-schooled student. He was enrolled in public school for two quarters this year for math and science classes. He is of the age when he should be in sixth grade, and he was placed into a seventh grade gifted class. He received straight "A"s in that class. MR. PORTER assured HESS Committee members there would be no problem with home-schooled children and their grades. He suggested if that remained a concern, home-schooled children could be tested using an Iowa Test or other standardized test. He felt home-schooled children would not mind. He felt the concerns about home-schooled children and their grades were simply roadblocks to slow down the process. Number 1418 CO-CHAIR BUNDE feared Mr. Porter misunderstood the intent of his question. Co-Chair Bunde was not particularly concerned about children who are currently being home-schooled. He was concerned that sometime in the future, a parent who is not as conscientious as Mr. Porter would not mind bending the rules to have their child participate in school sports. Mr. Porter's idea about having home- schooled children take a standardized academic test in order to prove eligibility is a good idea. That would allay concerns and discourage those who tried to get around scholastic requirements. MR. PORTER noted that there will always be one or two isolated and unique circumstances in which someone tries to get around the law or push the edge. He asked that laws not be designed around those special circumstances. CO-CHAIR BUNDE assured Mr. Porter that was not the intention of the HESS Committee members. Number 1472 BILL MELL, Director of Secondary Education, ASD, reminded HESS Committee members that the ASD submitted a memorandum concerning this bill on February 23, 1995. Co-Chair Bunde noted the memo had been received. Mr. Mell therefore asked to bring the attention of HESS Committee members to points the ASD felt were most problematic. MR. MELL said first, HB 156 as written is vague to the point it is difficult to determine and describe exactly what is an extracurricular activity. In particular, the ASD offers drama, music, debate and band, which are primarily classes and not extracurricular activities at all. MR. MELL felt this bill may provide the home-schooled student with access to after-school events, but not provide him or her the advantage of being able to participate with the group during the school day when most of the work is done. Number 1530 MR. MELL stated the ASD felt the bill proposed a real administrative burden in terms of the ASD's ability to document how those who participate in activities meet the standards. There is a real question in Mr. Mell's mind that someone who is home- schooled can meet the requirements of the ASD. The ASD believes that is a question that will be tested in court, and much money will be spent on many sides to make these determinations. Mr. Mell would hate to have regulations set aside for that eventuality. MR. MELL spoke of his last point, which was the most difficult for him to deal with personally. There is a very significant constitutional issue at work here. HB 156 puts the ASD into the position of either violating or not violating the Constitution of the state of Alaska. Another heavy legal burden could be acquired to determine if that is so. MR. MELL said this issue was discussed in February, and if it is necessary to change the state's Constitution to have HB 156 work, that would be the first step, rather than writing a regulation that skirts the issue. Number 1600 JUSTIN WALTON testified via teleconference that he is a student at a registered home-school in Alaska. He is a junior with a 3.9 grade point average (GPA), and if he went to public school, he would go to Dimond High School in Anchorage. JUSTIN WALTON said the ASD would try to tell HESS Committee members that letting home-schooled children participate in extracurricular activities will cost more money and create more hassle. The district will argue that there is no legal background to allow home-school students to enroll in extracurricular activities. The ASD may argue that if home-schoolers want the benefit of increased extracurricular activities, they will have to take the whole package. JUSTIN WALTON said in Alaska, residents must pay property taxes. Those taxes pay for the school districts in the state. This is mandatory. Residents are paying for an education, but just because home-schoolers do not want a certain part of that education, they should still be allowed to get the part they do want. Back in the "good old days," people paid the teacher for the education, and this way students and parents got the desired education. Number 1653 JUSTIN WALTON next spoke on the legal argument. The Alaskan Constitution states that students are entitled to a free public education. The United States Constitution gives citizens the freedom to practice any chosen religion. If the two collide, as is the case of many home schools, shouldn't the student be allowed to get as many benefits as possible from public schools, aside from what is conflicting? JUSTIN WALTON said the whole point of a democratic republic such as America's is to serve the public. Home-schooled students are part of the public. It hurts no one to allow home-schooled students to participate. Mr. Walton knows a great number of people who would benefit from this bill. By the time HB 156 passed, he will probably be graduated. However, many other students would benefit greatly from HB 156. JUSTIN WALTON knows many people on swim teams who would love to receive the benefit of participating on high school swim teams, to take advantage of the training. Mr. Walton would personally love to be on a basketball team and get that training. At this point, home-schoolers do not have that option. HB 156 needs to be passed so they can participate and have a chance to compete at the college level. Public school participation would also assist in getting scholarships in athletics, band or music. JUSTIN WALTON said home-schoolers do not currently have those options, and it would be fantastic if they did. Number 1726 CO-CHAIR BUNDE appreciated Mr. Walton's enthusiasm. However, the Alaska Constitution requires an education be provided, but it does not require the education be free. People pay property taxes in Anchorage which provide about 18 percent of the actual cost of education. The rest of the necessary money comes from the state. Those legislative members who sit on the budget committee realize the education is certainly not free. However, it is reasonable. CO-CHAIR TOOHEY said she had a son that went to Dimond High School, and she also had a son who was home-schooled through CCS. Both of her sons turned out to be very fine individuals. She does not believe HB 156 is the answer to Justin Walton's problem. She suggested that the answer is in his hands. He should get together with many other home-schooled children and create a basketball team, swimming team or whatever, and organize as home-schoolers. CO-CHAIR TOOHEY felt that way, the home-schooled can participate against the high school teams. Getting the best of both worlds is not necessarily the best for everyone. Number 1780 JUSTIN WALTON said currently, a number of home-schoolers do meet to play basketball. The problem is, the training is not good enough. Students can meet to play basketball, swim, play instruments or whatever. However, the education and training about the sport or activity is not there. That is the problem. The home-schoolers would have to pay a lot of money to get what public school children are getting. It does not seem fair to Mr. Walton to have to pay a lot of money to join the ASAA and to play against other accredited schools. It does not seem fair that the home-schooled must pay for what the district already pays for public school students. CO-CHAIR TOOHEY reiterated that is one of the perks of going to a public school. Students get wonderful things thrown in. Students have the right to be home-schooled, and Co-Chair Toohey was sure Mr. Walton was thriving in that environment. But she also suggested that he find coaches. She was sure there were those who were ready and willing to help. She applauded Mr. Walton and his friends for already organizing their own team. Number 1844 JOSHUA WALTON, home-school student, asked to respond to previous arguments. Dr. Mell suggested that home-schooled students may not be able to meet the standards for activities. Joshua said he is 17-years-old. He got a 1370 on the S.A.T.s, he has a 4.0 GPA, and a 31 A.C.T. score. He has been approached by many students asking him to join extracurricular activities. At other times, teachers have encouraged him to join. He does not doubt that home-schoolers could meet the standards of the activities. If home-schoolers did not, they would not be chosen in tryouts. JOSHUA WALTON said therefore, meeting the activity standards is not a problem. As for the constitutional question, Joshua did not believe the Constitution addresses the problem of extracurricular activities, nor of home-schoolers in extracurricular activities. Joshua disagreed with Dr. Mell's conclusion that a constitutional amendment is needed rather than a simple regulation. Number 1915 JOSHUA WALTON stated HESS Committee members should not change the rights of students to these activities in order to change the law or to save administrative costs. The fact is, if other students have a right to participate in these activities, home-schoolers should also. They should not be denied simply because they do not attend the school. They should not be discriminated against. JOSHUA WALTON noted that his family pays taxes for public schooling, and therefore should be able to get benefits from public schooling. Anything else is discrimination. Number 1943 JONATHAN WALTON testified via teleconference that he is a sixth- grader. He has been home-schooled his entire life. He supports this bill because next year he will be in junior high school, and he would like to participate in cross-country track and skiing with public school students. Number 1964 PAIGE WALTON, mother of Justin, Joshua and Jonathan, testified via teleconference that she and her husband have home-schooled their children for nearly 20 years. She thanked the HESS Committee for introducing this legislation. However, she is not 100 percent happy with the wording of the bill. She personally thinks, based on the information she has regarding other states' legislation, it would be better to reword the bill so all "alternative" students in the state have access to public school programs instead of singling out home-schooled students. MS. WALTON stated that alternative students currently exist in public and private schools throughout the state, probably in every district in the state. Anchorage experiences a unique situation. Although there are 54 school districts in the state of Alaska, the Waltons reside in the one district that accommodates over one-third of the students in Alaska. Things are desperately out of proportion, and she hopes some wisdom will prevail in the legislature to balance this situation. Number 2019 MS. WALTON noted that because of the circumstances in Anchorage, her family is not given the option of a home-schooled or alternative independent study program. She has spoken with school administrators and many school representatives on this issue. Although there are other districts in the state that offer home- school, independent or correspondence programs, Anchorage has consistently and insistently refused to offer this option. Therefore, those who have chosen that option for whatever reason are discriminated against. They do not have access to any educational options unless they spend a lot of money. MS. WALTON said her family is already paying for their own private school programs. To hire a number of coaches to accommodate the children to meet their needs, to benefit the children and to benefit the communities is unrealistic. She does not have the thousands of dollars that apparently the Bergerons have paid. If Ms. Walton did have that money, she does not necessarily feel it would be the best expenditure considering she has five children. MS. WALTON said she would like to support this bill, and basically thank those who have proposed it. She pointed out there are currently over 650 students in the ASD who are enrolled in the CCS. That does not accommodate all of the private school students who are home-schooling, correspondence, or are in private schools of other sorts. MS. WALTON said there are literally thousands of students in the ASD alone, and thousands more throughout the state, who are discriminated against because they are not given access to public school programs and programs that are regulated by ASAA. The mandate of ASAA is to accommodate the public need. Number 2106 CO-CHAIR BUNDE asked Ms. Walton a question to clarify one point. When she said Anchorage does not provide home-schooling, she must have meant the district does not provide a home-school program but her family does have access to CCS. MS. WALTON said he was correct. Number 2120 SARAH WALTON testified via teleconference from Anchorage that she is a home-school student, and has been all her life. She is currently in the tenth grade. Just like many other home-schoolers in the state, she has been denied the right to participate in extracurricular activities offered at public schools. Some of her family's tax money goes to the public school. The family therefore pays for students to go to public school and participate in extracurricular activity. SARAH WALTON said her family's taxes are paying for coaching in the public schools also. However, the children in her family are not allowed to participate in sports. They should not be denied the right to participate in these sports. She hopes the laws can be changed so she can be allowed to participate in the extracurricular activities offered through the public schools. Other states in the Union allow this, Alaska should also. Number 2160 JERRY WALTON, father of the Walton children, said his children have all touched on the topics he was going to discuss. Therefore, he summarized. Along with the Bergerons, the Walton family has asked the ASD to allow home-schoolers to participate in extracurricular activities. Basically, this option is not available. The Waltons approached the ASAA, and the ASAA said a home-school group could be formed. That was attempted, but the price was exorbitant. Home schools basically consist of one or two children. His family is an exception because they have so many children. MR. WALTON noted that many families only have one or two students/children, and they are unable to get involved and pay such a high price. Therefore, they are excluded. On another subject, basically the state has an ability to pay for an educated populace. The state has opted to use school districts as political subdivisions. The state Constitution allows for equal access to all activities. This equal access is not as prevalent as the hunting and fishing issue, however, it is just as or more important to many people. Mr. Walton said he basically wanted to support HB 156. Number 2276 LAUREL TATSUDA, Private Attorney, represented the ASD via teleconference. She said the ASD strongly opposes HB 156. She presented three reasons. First, HB 156 creates a costly obligation for the ASD without the funding necessary to carry out the mandate. Second, the bill ignores longstanding, well-established principles of local control. Third, the language of the bill as written is ambiguous, and invites litigation. The ASD feels there are also some additional constitutional issues raised by the bill. MS. TATSUDA discussed her first point. The ASD will be the district primarily affected by this bill. The ASD will bear the burden because it has the largest student population and the largest number of home-school students residing in the attendance area. Approximately 500 students will be trying to get into extracurricular activities should this bill pass. MS. TATSUDA noted that however, under the Alaska Public School Foundation program, only students who are enrolled in the district generate foundation funds. The school district budget allows for extracurricular programs under those foundation funds. Therefore, there will be hundreds of students participating in extracurricular programs who do not contribute to the funding base of the district. MS. TATSUDA said that raises, among other things, a fundamental fairness issue. Number 2336 MS. TATSUDA said an ASD student should not be displaced or bumped from a school program because there are limited seats on competitive sports teams. ASD enrolled students should not be displaced by a student who does not attend the district, who does not participate in academic programs, and who does not contribute to the funding of the district. MS. TATSUDA said the bill ignores locally-determined school board policies. The ASD recognizes that districts in the state vary widely. HB 156 may not impact some districts. Other districts may be able to absorb those who are home-schooled. But there is no district with 500 or more home-school students like the ASD has. TAPE 95-35, SIDE B Number 000 MS. TATSUDA addressed the language of the bill, and the definition of "extracurricular activity." The inclusion of music, band, and academic classes makes it difficult to determine exactly what an extracurricular activity is. REPRESENTATIVE DAVIS told Ms. Tatsuda he was not exactly sure how the "stellar school" fits into the picture in Anchorage. He asked if stellar school students have to follow the attendance area guideline. MS. TATSUDA answered no. Stellar school students who do not live in a neighborhood are not involved in neighborhood schools. She added that stellar students can be distinguished from non-enrolled home-school students, as stellar school students are enrolled in the ASD. They are ASD students and they generate foundation funds for the ASD. They are basically in alternative programs that are housed in separate buildings. Those alternative programs do not include extracurricular activities. Ms. Tatsuda noted, however, that stellar students are ASD students, and that is how they are distinguished from students who are not enrolled in the district. Number 120 MARY HUTCHINSON, Parent, testified via teleconference that she is the mother of eight children. She feels each child should be allowed to participate in sports if they meet academic eligibility requirements. There is a fear that children who do poorly in academics will drop out to become home-schooled, and then enroll in sports. MS. HUTCHINSON knows of individuals who had "D"s and "F"s in high school. She said high schools do not want those children in the classes anyway. If those children are only in the school to play sports, it would be better for the school because those are the children who smoke marijuana and drink beer. MS. HUTCHINSON agreed that people only pay a small local tax. However, they pay state and federal taxes as well. Ms. Hutchinson had heard, although she may be mistaken, that Australia pays parents to home-school their children. Of course, Alaska is far from that point. Number 220 MS. HUTCHINSON said currently, there are children who graduate from public schools who cannot read and write. Almost all home- schoolers are going to learn to read and write, therefore, they are going to be doing better than certain public school students. Ms. Hutchinson estimated that at least 25 percent of public school graduates cannot read and write. Number 293 MAGGIE REILLY, Parent, testified via teleconference that she has two sons who are currently enrolled in the district correspondence study course. Her sons are straight "A" students, and she supports HB 156. She believes home-schoolers save the state a lot of money. The home-schoolers pay for their own curriculum and overhead. In her particular district, if children are home-schooled, the state is saved $7,200 for each child not enrolled in the public school education system. The state saves even more money for the home- schooled in the bush. MS. REILLY said home-schoolers still pay taxes that support public education and extracurricular activities. The ancillary programs are not as costly. Some money is taken out of the general fund, and the rest is paid for by booster clubs, ticket sales and activity fees. The initial cost to ASAA is $250, and then it is only $2 per student. Schools currently are paying that $250, and therefore Ms. Reilly does not feel it will be a problem to allow home schoolers to pay that $2 extra fee. Number 354 MS. REILLY stressed that education in the United States is a right, but sports are a privilege. If this privilege is offered to the child of one taxpayer, it should be offered to all of them. These are public schools that are paid for with public money. MS. REILLY has also spoken with people from Oregon and Washington, and those states are providing access to home-schoolers for all their ancillary programs. Those states feared at first they would be overrun. This is not the case, and those states have discovered the program works well. Ms. Reilly asked what the eligibility requirements were in those states, and the answer was students were to choose and pass one of four standardized tests. Home-schoolers had to pass in the 23rd percentile. MS. REILLY was shocked at this answer. She realized that in order to be eligible for sports in Alaska public schools, a student must have a "D minus" grade. She keeps hearing that education is priority. She feels a "D minus" is a pretty low grade. Extracurricular activities are an important part of a child's youth and education. She asked why the best of both worlds cannot be had for both parents and children who are both dedicated and disciplined to do the home-school. Number 430 MS. REILLY said home-school families are currently following state guidelines. They are not lawbreakers, and they should not have additional requirements. She asked HESS Committee members to please pass HB 156. Number 452 CO-CHAIR BUNDE announced that the teleconference was only available until 3 p.m., therefore, teleconferencing would be ended for the day. He noted for those who testified or wished to testify via teleconference that this was the first time the bill was heard. There are issues that need to be examined more closely and discussed, therefore, the bill will be held. Additional hearings will be scheduled for the future. He asked for testimony from the local audience. Number 500 SYLVIA REYNOLDS, Assistant Principal, Juneau Douglas High School (JDHS), said she has reservations about HB 156. She wanted to speak of the "disengaged" and "at-risk" students. She noted the JDHS drill team is a three-time national champion. There are no eligibility rules for those on the drill team. However, two of the students on that particular team are at-risk students. MS. REYNOLDS confided that one was involved in a drug and alcohol program last year, and the other student was almost moved to Mt. Edgecumbe. Ms. Reynolds feels it is the responsibility of the schools to engage all students. One of her concerns with HB 156 is that schools are going to become more elitist, and they will be focusing on only those children who are engaged. One girl also left the drill team this year. The school still supports that child, and she is still part of the team even though she chooses not to be a member. MS. REYNOLDS said that girl still continues to get that support, and that is carried within the boundaries of the school. Number 589 MS. REYNOLDS said there has been talk about extracurricular activities. However, she really thinks the true meaning of the term should be co-curricular. During the last hour, she heard testimony in which people claimed these activities were their right. She believes activities are a choice. There are already students who do not make teams. Juneau provides programs through Parks and Recreation, and there are community school programs. Anchorage has tremendous community schools and Parks and Recreation programs. MS. REYNOLDS does believe there are programs and open gyms available to all students. As Co-Chair Toohey said, if it is important, a student can make it work. It can happen. MS. REYNOLDS is also concerned that HB 156 will lead to "sports schools." If Juneau has a good basketball team, those who are home-schooled and talented in basketball may want to move to Juneau so there will be a superstar team. The focus will be off academics, and only activities will be stressed. MS. REYNOLDS does not know about other school districts, but in Juneau, some students will take classes via correspondence that will be used as credit toward graduation from JDHS. Therefore, students can be on correspondence and still maintain their enrollment at JDHS. Students are offered that benefit. Number 687 MS. REYNOLDS said she is concerned about the administrative control. It is going to be a nightmare. Ms. Reynolds wanted to stress there are options and choices available for home-schoolers. Ms. Reynolds also wanted to speak again about the disengaged students. The district has a responsibility to them as well. REPRESENTATIVE VEZEY asked whether Ms. Reynolds and her school was in favor or opposed to the bill, and she said she was opposed to it. He felt some of her testimony did not reflect that opposition. Number 724 SHEILA PETERSON, Special Assistant to the Commissioner of Education, Department of Education (DOE), said the Commissioner of Education has a test she applies to all activities of the DOE, and to legislation. She is constantly asking, "Is this good for kids?" When the commissioner was shown HB 156, she looked at it, and applied her test. She determined the bill is good for kids. It is good for kids to have additional opportunities and experiences. Allowing a home-schooled student to participate in extracurricular activities or co-curricular activities is good for kids. MS. PETERSON said the State Board of Education addressed this issue about a year and a half ago when they opened up a period for public comment on a proposed regulation. The regulation at that time was broader than HB 156. It included private schools, CCS students and home-schooled students. During the course of that discussion, people came forward with both pros and cons. The regulation was divided. The portion that went to the Attorney General's office that the State Board of Education did approve dealt with part-time students taking academic courses in the public schools. MS. PETERSON said that regulation is currently in the Department of Law for consideration, to be signed by the Lieutenant Governor. Ms. Peterson reiterated that the Commissioner of Education does feel that HB 156 is good for children and it does pass her test. Number 836 REPRESENTATIVE DAVIS told Ms. Peterson that he had asked Mr. Dahlgren in Kenai if he felt it was already legal to provide this extracurricular activity for home-schooled students. His answer was they assume they do. He asked for the DOE's feeling on that. MS. PETERSON answered yes, districts currently have the option to do that. The regulations in the Department of Law would allow funding for a part-time student who is taking an academic course. They currently do have that opportunity and that option. Difficulty is encountered when interscholastic activities become involved, and there is conflict with the rule established by the ASAA. The rule of that body is that the student must be enrolled in the school he or she represents. Therefore, home-schooled students experience difficulty if they want to participate interscholastically. REPRESENTATIVE VEZEY left the meeting at 3:09 p.m. Number 905 CO-CHAIR BUNDE thanked all those who testified, and reiterated that there are a number of interested persons who would like to testify in the future. HB 156 has raised a number of questions, and the committee will hold the bill to study it further.