SENATE BILL NO. 11 "An Act relating to the legal age for attending school; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. SENATOR GENE THERRIAULT, sponsor, testified this legislation is in response to conversations he had with the principal of an elementary school located in his district. He was told of parents enrolling their children in school at age six, although the mandatory school age requirement is age seven. He stated the problem arises when some of these six-year-old students attend class inconsistently and the school has no authority to require attendance. He said this causes a hardship for the teachers, who invest time and resources attempting to "keep these children up to speed" with the rest of the class. Senator Therriault indicated the benefits of early education and informed this bill lowers the mandatory attendance age from age seven to age six. He stressed this legislation does not amend the list of 12 exemptions currently in statute that allow parents to withhold their children from the public education system. He gave illness, home schooling, and private schooling as examples of the exemptions. Senator Therriault spoke to misconceptions that this bill negates the exemptions and requires all children in Alaska to enter the public school system. Rather, he remarked, this legislation, stipulates that once a child is enrolled in the public school system, that child must attend. He emphasized the intent is that parents do not treat the school system as a convenient day care system, or baby-sitter, for six year olds. Senator Therriault pointed out the effective date contained in the bill that was introduced in the first session of the Twenty-Second Legislature, must be amended to reflect the current year. Senator Olson asked the affect on those children who attend private school or who are home schooled. Senator Therriault replied this legislation only applies to children in public school and has no impact on private schools or home school systems. He stated that the parents in these instances are utilizing their own financial resources rather then public funds. He reiterated the intent is to minimize the impact on a public school classroom caused from a student who has missed a significant amount of school because of the amount of time the teacher must refocus toward that student. TIM DORAN, President, Alaska Association of Elementary School Principals, and Principal, Denali Elementary School, testified via teleconference from Fairbanks to strongly support the change for mandatory school attendance to age six. He noted the average seven- year-old is in second grade and because this is the earliest age of mandatory attendance, a child could begin school for the first time two years behind his peers. He spoke to the physical and developmental levels of seven-year-olds compared to five and six year olds. Mr. Doran stressed that starting children in school at age six would give educators "a real benefit in working with parents throughout first grade and even kindergarten." He stated that studies show that exposure to the school environment at an earlier age has an impact on a student's future education. Mr. Doran gave examples of his experiences teaching in both rural and urban schools. He told of the disadvantages some children face when they do not attend school until a later age. He stressed that under current law, school districts could not require these children to attend school. Mr. Doran also noted the name of the Department of Education was changed a few years prior to add Early Development. He saw this bill "as another way for us to really promote good solid early education for kids; really helps them in the process as we are all trying to be accountable for the education for students throughout the community, not just within the school system." Co-Chair Donley surmised the witness' main concern is that once children are enrolled in the public school system, they are at the same level as other students. He expressed that to achieve this goal, the mandatory attendance age does not have to be lowered. He suggested requiring that attendance is mandatory for those enrolled students, regardless of their age. Mr. Doran agreed Co-Chair Donley's recommendation would address the issue of student attendance. He remarked that currently the school district has no authority in enforcing truancy rules for those students below the age of seven. Co-Chair Donley stressed the legislature has the ability to "re- craft the law" to require attendance of those children who are enrolled, yet still allow parents the flexibility to determine when their children should begin school. Mr. Doran agreed this would be beneficial to students who have enrolled, but would not benefit those children who do not begin school before the age of seven. He stressed the disadvantage of children who have no early schooling then enter the school at a later age then their peers. He clarified the issue is not with parents who chose to home school their children, but for those children who receive no education. Co-Chair Kelly stated there are two issues involved. The first relates to parents who treat the school system as a day care center, "which interrupts the education process." The other, he said, relates to the best age to begin education. He understood the sponsor is intending to address the first, more practical, issue. Senator Therriault affirmed and noted this legislation does not affect the exemptions for delaying schooling. He expressed, "those 12 things pretty much cover anything" and if a parent wants their child out of school at least one of the exemptions could apply. Senator Therriault reiterated this legislation addresses those parents who enroll their child in school but then do not have the child attend regularly. He stated the language is the "cleanest" way to address the issue. Co-Chair Donley referenced the list of exemptions and noted they are broad. He asked about regulations that interpret the statute. EDDIE JEANS, School Finance Manager, School Finance and Facilities Section, Education Support Services, Department of Education and Early Development, testified there are no regulations that further interpret the 12 exemptions. Co-Chair Donley asked which exemption would apply if a parent "simply didn't feel their child was ready to attend school." Mr. Jeans listed number 12: the child is educated in the child's home by the parent or legal guardian. He explained there are no specific requirements as to what kind of education must be provided. Co-Chair Donley asked if there are interpretations of the quality of education imposed by the Department of Education and Early Development or local school districts. Mr. Jeans was unaware of any. Co-Chair Donley asked if school districts or the Department of Education and Early Development have authority to impose such requirements. Mr. Jeans answered the Department could adopt regulations. Mr. Jeans suggested consideration of other statutes relating to age requirements in education, specifically AS 14.03.070 commonly known as the School Age Law. He detailed the provision identifies children between the age of six years by August 16 and 20 years, th who have not completed the 12 grade. Therefore, he said amending the compulsory attendance age from seven to six years old, "makes sense to me." He noted kindergarten is not required in Alaska. Senator Ward asked how many children started school last year at the age of seven. Mr. Jeans answered he did not have this information. Senator Therriault cited the most recent data available from 1995 showing that of the total population, 98.7 percent of children between the ages of seven to nine were enrolled in school and that 96 percent of children aged five and six were enrolled in school. Senator Ward wanted to know how many children begin school at age seven. He understood the 1995 figures, as well as Mr. Doran's experience with one student, but stated they do not describe the problem. Mr. Jeans noted the Department has records of the number of students enrolled, but does not monitor the number of seven-year- olds enrolled for the first time, Co-Chair Donley shared he had reviewed AS 14.03.070, which is a definition of "school age". He asked if this definition serves any function in other statutes. Mr. Jeans replied the purpose of the definition is for providing state funds for public schools. He referenced AS 14.03.080 as stipulating the right to attend school without the payment of tuition. He noted one provision of the right to attend school, allows a child to attend kindergarten at the age of five years. Co-Chair Donley clarified that AS 14.03.070 is utilized for financial purposes only and does not relate to the policy established in AS 14.03.010, which sets the mandatory age. Mr. Jeans affirmed but noted this legislation would align the two statutes. Senator Therriault stressed the parent's flexibility of when a child attends school is not removed. He reiterated the child could attend kindergarten at age six, or the parent could utilize one of the 12 exemptions and withhold the child from school until the age of seven. Senator Therriault stressed the expenditure of efforts to accommodate those students who only periodically attend school. He understood and sympathized with other efforts to enroll all children in school at an earlier age, but qualified that is not the purpose of this legislation. Co-Chair Kelly asked for clarification, noting that if a parent does not take advantage of one of the 12 exemptions, the child would be required to be enrolled in school at the age of six. Senator Therriault emphasized that a parent, who does not want their child to attend school until the age of seven, could take advantage of one of the exemptions. He reiterated the 12 exemptions are "all encompassing." Co-Chair Kelly agreed with Co-Chair Donley's suggestion to amend the language to provide that once a child is enrolled, attendance is mandatory, regardless of age. Co-Chair Kelly commented that parents, who determine their six-year-old is not ready for school, must attest to one of the exemptions, essentially "making a liar out of them." Although he assumed some form of instruction would be provided by the parent during this time, he questioned whether this is "in the spirit" of these exemptions. He asked if the sponsor would oppose such an amendment. Senator Therriault replied such an amendment would be "workable" although it would be "less clear" in statutes. Mr. Jeans cautioned the Committee against such action because currently there is no kindergarten attendance requirement, and this legislation would set the precedent of mandatory kindergarten. He spoke to reimbursable transportation issues involved in full-day and half-day kindergarten programs. Co-Chair Kelly acknowledged and suggested language could be drafted to accommodate these concerns. Senator Therriault asked if this would require the school district to track the enrollment date for children who transfer schools within the district. Co-Chair Kelly understood this is required already. Senator Green asserted none of these issues are pertinent because at any time a parent could remove their children from the public school system, and educate them how they see fit. She said this language would further restrict parents because once enrolled, a student could not be transferred to different education settings. She told of tutoring children suffering from learning difficulties and their movement from school to school. Co-Chair Kelly did not agree. Co-Chair Donley offered to draft language to address these concerns, which could be discussed on their merits. Co-Chair Donley was encouraged the Department of Education and Early Development does not have regulations in place at this time. However, he pointed out the Department does have such authority and was concerned that a future governor could be opposed to home schooling and could adopt regulations to restrict home schooling, which he emphasized is very important to many Alaskans. DEBBIE OSSIANDER, Member and Legislative Chair, Anchorage School Board, testified via teleconference from an off-net site in support of the bill. She informed the Board has passed a resolution in favor of lowering the mandatory age for school attendance, which is important for the "academic preparation of children". She detailed state and locally adopted performance standards that establish high criteria for mathematics, reading and writing for children ages five through seven. She listed the language and reading expectations of young children and the difficulties children without adequate preparation could have in obtaining these skills. Ms. Ossiander also spoke to the intent of instilling the importance of regular school attendance at an early age. She said this is difficult to encourage when attendance is required of some but not of others. Ms. Ossiander told of children who entered the school system for the first time at the age of seven with no other education experience and the difficulties in placing these children. She referenced the Bush Administration focus on the importance of early education. DARROLL HARGRAVES, Executive Director, Alaska Council of School Administrators, testified in Juneau that superintendents are on record in support of this bill. He stressed the need to focus on what is in the best interest of children. He cautioned, "it we put too many vagaries in here," the matter could become too complex at the school level. He supported the mandatory age change from seven to six years of age, asserting the average six and seven year old is different today then when this provision was originally enacted prior to statehood. He explained six-year-olds "from a social and education standpoint" need to be in school noting that they learn faster then six-year-olds did a decade before. He stated research supports this. He qualified that if a child needs to delay starting school for certain reasons, it would still be allowed. Co-Chair Donley asked the process for enrolling a child in home school. Mr. Hargraves was unsure but noted the process for six-year-olds would be the same as for seven-year-olds. He understood statute requires that parents must notify the school district of their intent to home school their child. Co-Chair Kelly stated there are concerns within the Committee about changing the school age. He assigned Senator Leman to draft an amendment that would satisfy the sponsor's intent to require attendance of enrolled students without changing the mandatory age requirement. Co-Chair Kelly ordered the bill HELD in Committee.