HCR 30 - STUDENT RIGHTS Number 1463 KRISTY TIBBLES, Legislative Secretary, to Representative Joe Green, read the following sponsor statement: "House Concurrent Resolution 30 was introduced to send a strong message to students, parents and schools that education and school safety are top priorities with the 19th Legislature. Children are one of the state's most valuable resources for the future economic and social well-being of our state. We, as elected leaders have the responsibility to safeguard their future to the best of our ability. "Education should be the key concern of a parent sending a child to school, yet the issue of safety has surpassed this concern. In 1940, the major problems in public schools identified by teachers were talking out of turn, chewing gum, making noise in the classroom, running in the halls, cutting in line, littering, and disobeying the dress code. Educators now consider the top problems to be assaults by students on teachers and other students, weapons in school, racial or ethnic attacks, gang disruptions, shootings, knifings, and drive-by shootings. While schools should be a safe haven for learning, many students are burdened with intimidation and fear of violence. "This resolution declares that our children have a right to be provided with a safe, orderly, and drug free environment in which they can learn, and that they have a right to high academic standards in order to prepare them to meet the challenges they will encounter in the future. Our present system, programs, and attitudes need to be changed. The conditions that allow students to become disenfranchised need to be identified and reworked. With the cooperation of parents, educators, and elected officials, we can all work together to provide our children the quality they will need and education they deserve." CO-CHAIR BUNDE noted the bill sponsor, Representative Joe Green, was in attendance. He asked if there were questions for the bill sponsor. Number 1645 STEPHEN McPHETRES, Executive Director, Alaska Council of School Administrators (ACSA), said he believed this resolution speaks in support of education. The legislature coming out with a statement of philosophy is a very important step in setting the direction of how education should be treated in the future. To that end, the ACSA is supportive of this resolution. He pointed out that in current regulation, school districts have the responsibility of establishing rights and responsibilities for their students in their districts. He didn't want there to be any misinterpretation of the fact there aren't student rights and responsibilities that do exist currently in school districts across the state. He read a paragraph from one school district to give the committee an idea of the statements and beliefs school districts currently have: "The Board of Education recognizes that students possess the rights of citizenship. In granting each student the educational opportunities for which he or she is entitled, the board shall provide him or her with the nurture, counsel and care appropriate to his or her age and maturity. No student enrolled in the schools of this district shall be deprived of his or her basic rights to equal treatment and equal access to the educational program. Due process of law, the presumption of innocence, free expression and association, and the privacy of his or her thoughts." He directed the committee's attention to this just to let committee members know there are in existence within the state and school districts, statements of their rights and responsibilities for students, as well. The ACSA does support this resolution and would like to see terms like "drug-free" and "weapon-free" schools added. CO-CHAIR BUNDE encouraged the sponsor to think about including the terms "rights and responsibilities of public students" to the title of the resolution. Number 1810 CARL ROSE, Executive Director, Association of Alaska School Boards, stated he had provided written testify to the committee in support of HCR 30. He thought this legislation was appropriate and timely. Society and societal change is upon us and the children reflect that. Parents and communities are very concerned about the environment in which their children attend schools. He said more important than just handbooks on roles and responsibilities, though he felt they were appropriate, society has to take a look at what has happened over the last 30 or 40 years. As was previously mentioned, many of the things children face today are totally foreign to many of us adults in our days in school. He said the Association of Alaska School Boards has established the "Advocacy Agenda"; there is limited funding but it was their thinking that funding alone would not be what would drive their effort. That effort is to raise the awareness of the public as to some of the problems that exist. He felt that was about the best they could do to draw attention to the concerns and help society address them. He reiterated his support for HCR 30. CO-CHAIR BUNDE directed a comment to Mr. McPhetres that he did not view this resolution as a criticism of schools; he agreed with what Mr. McPhetres was trying to do and wanted to encourage and support him to that end. Number 1921 REPRESENTATIVE ROBINSON moved to adopt Amendment 1. CO-CHAIR BUNDE objected for discussion purposes and asked Representative Robinson to speak to the amendment. REPRESENTATIVE ROBINSON said Amendment 1 inserts language on page 2, line 15, "; and (11) the right to available resources to attain a physically and mentally healthy lifestyle." CO-CHAIR BUNDE said he didn't understand if the amendment meant that students have enough money to get healthy or enough brains to get healthy. REPRESENTATIVE ROBINSON replied they can have both. CO-CHAIR BUNDE asked if Representative Green had any reaction to Amendment 1. Number 2008 REPRESENTATIVE JOE GREEN, Sponsor of HCR 30, said he had no objection to the amendment. He understood the intent of the amendment and concurred that if a student comes to school with some type of mental problem, whether it be generated from school out of fear or perhaps a problem at home, it would inhibit the student's ability to receive a quality education. While most schools do have counselors and nurses that would look for abuse, he felt the amendment would fall in line as to students rights. REPRESENTATIVE ROKEBERG questioned the placement of the amendment within the resolution in that Section 10 was written with a degree of finality. Number 2105 REPRESENTATIVE ROBINSON said she would rather have it become subsection (3) following line 17 on page 1, and renumber the existing subsections. REPRESENTATIVE VEZEY expressed opposition to the amendment because it says they have a right to more money. He said it's a nice concept and wished there was a money tree available, but people need to be realistic. REPRESENTATIVE BRICE agreed with Representative Vezey's remarks; however, he felt the other 10 subsections spoke to the same thing. REPRESENTATIVE ROBINSON pointed out that subsection (6) speaks to the right to learn in a well equipped school. She felt the statements contained in the resolution were what is viewed as important in a school. It is difficult for a child to learn who is not healthy and mentally healthy and she believed the amendment would strengthen the resolution. TAPE 96-32, SIDE A Number 001 CO-CHAIR TOOHEY pointed out that each one of the Resolves contained in the resolution comes with an added cost to the school curriculum. CO-CHAIR BUNDE remarked that the amendment says "available resources" and as long as he had a choice as to what is available, he would support the amendment. REPRESENTATIVE VEZEY stated a further objection in that the amendment seems to carry over strongly from the school into the home. CO-CHAIR BUNDE asked for a roll call vote. Voting to adopt Amendment 1 were Representatives Rokeberg, Toohey, Brice and Robinson. Voting against Amendment 1 were Representatives Vezey and Bunde. Co-Chair Bunde announced that Amendment 1 was adopted. CO-CHAIR BUNDE asked if Representative Green would entertain the notion to adding the word "responsibility" to the title? REPRESENTATIVE GREEN responded that he did not have an objection to adding "responsibility", but he had a concern because all the Resolves tend to... CO-CHAIR BUNDE asked Representative Green to note his concern and withdrew his request. Number 164 CO-CHAIR TOOHEY moved to pass CSHCR 30 out of the HESS Committee to the next committee of referral with zero fiscal notes and individual recommendations. Hearing no objection, it was so ordered.