HB 158 RIGHT TO ATTEND SCHOOL ON PART-TIME BASIS  Number 119 CHAIRMAN WILKEN introduced HB 158 as the next order of business before the committee. REPRESENTATIVE D YSON , Prime Sponsor of HB 158, commented that Alaska is enlightened about alternative education which is due in part to Alaska's widely scattered population. Alaska has one of the strongest correspondence school systems. A couple of years ago, Alaska included a provision for part-time students in regulation. Schools that accept part-time students are reimbursed. For example, a school would be reimbursed 25 percent of a full-time student for a student that takes one hour. The reimbursement progresses so that when a student takes four hours, the school receives full-time credit towards the foundation formula. Representative Dyson informed the committee that Sitka, Mat-Su, and Fairbanks schools do a good job with alternative education. Anchorage has chosen as a matter of policy not to work with alternative education such as home school, correspondence, and private school students. Representative Dyson informed the committee that when the regulations were written the State Attorney General anticipated that every school district would make some provisions. Therefore, the enabling regulations were made permissive not compulsory. HB 158 would require that every school district accept part-time students. Representative Dyson stated that the Alaska Constitution says that the Legislature is required to provide educational opportunities for all qualified students. HB 158 is an anti-discrimination bill. The State Board of Education endorsed HB 158 unanimously. Number 177 SENATOR LEMAN said that this issue has been worked on for several years. Senator Leman noted that this issue was first brought to his attention with the Blomfield case which eventually went to court. The court concluded that legislation was necessary on this issue. Senator Leman stated his support. SHARYLEE ZACHARY , Petersburg Home Schooling Parent, informed the committee that when she wanted to access the public school library for age related materials for her home schooled children, she was told that it was policy that home schoolers could not use the library. Since that time, Ms. Zachary has discovered that there are no written policies. Part-time schooling is also unavailable in Petersburg. Ms. Zachary said that in a discussion with a teacher she found out that teachers had voted down allowing part- time students. The teachers opposed part-time schooling because the teachers felt that students who are goofing off would be allowed to participate in extra curricular activities due to the student's part-time schooling. Ms. Zachary understood that concern, but noted that there can be safeguards to avoid such. Ms. Zachary informed the committee that there are families in Petersburg who have expressed interest in part-time schooling. Ms. Zachary supported HB 158 as it would enhance communication between those in the public school and those home schooling. Number 248 CARL ROSE , Executive Director of the Association of Alaska School Boards, informed the committee that due to his travel commitments he did not have an opportunity to testify in House HESS. The issue is local control. School boards are locally elected to oversee public schools and the delivery of public education. Mr. Rose said that no one in Alaska understands what it takes to educate 48,000 students with a $360 million budget which is the situation in Anchorage. This is not a statewide problem, this is a concern with the decision of Anchorage. Anchorage has determined that it wants to preserve its right to local determination. Mr. Rose requested that the committee consider the elected school board members and their role of being accountable for the Anchorage system. Mr. Rose reiterated that this is not a statewide issue, most school districts have decided to accommodate many of the aforementioned needs. Mr. Rose stated that local determination is important. The association is concerned with a statewide policy that would circumvent the local school board. Mr. Rose requested that the committee consider the authority of the school board and the plight that the board faces. There has been almost a flat level of funding for almost the last 10 years while the responsibility of local school districts has been increased. SENATOR LEMAN said that he was a proponent of local control, but the Anchorage School District receives hundreds of thousands of dollars from state funding. An overall policy that addresses issues that go beyond local control is necessary. Senator Leman stated that he had tried to work with the Anchorage School District who is wrong. Senator Leman believed that the Legislature had no choice but to make the better policy. CARL ROSE emphasized that the local school board is held accountable to the local electorate and the ballot box can be used to express concerns. Mr. Rose reiterated his request that the committee review the local school board's local determination and authority. CHAIRMAN WILKEN noted that the committee packet included an opinion from Mike Ford, Legislative Legal Services, regarding HB 158. Mr. Ford and Ms. Levy, Assistant Attorney General, are present to answer any questions. Number 314 LARRY WIGET , Director of Government Relations for the Anchorage School District, opposed HB 158. Mr. Wiget said that the district views this as a local control issue as expressed by Mr. Rose. There will be testimony that will state that HB 158 does not have any constitutional problems. Mr. Wiget informed the committee that the district's attorney had been asked if HB 158 does have an issue of constitutionality. That attorney indicated that the Sheldon Jackson case and a case in Montana would lead the district to believe that there is an issue of constitutionality of providing a direct benefit to private educational institutions. Mr. Wiget believed that there would be court challenges on this issue, but the Anchorage School District will not lead such a charge. Mr. Wiget pointed out that if a private school educated student comes to the public school to take courses such as computers, chemistry, and physics then the private school does not have to offer those courses. Therefore, that provides a direct benefit to a private school educated student. Mr. Wiget informed the committee that he viewed this issue administratively by trying to ensure that the public school students are not discriminated against in the process of trying to provide an education to part-time students. The Anchorage School District is the largest school district in the state. Currently, there are 2,000 private school and home school students in the Anchorage area. Mr. Wiget recognized the burden of those students trying to take courses within the district and the kind of courses those students want to take, often the more expensive courses. Allowing students to pick and choose from the public school curriculum could ultimately weaken the public school system. In conclusion, Mr. Wiget reiterated that the Anchorage School District opposes HB 158. Currently, the law does allow for a school district to choose whether to allow students to enroll on a part- time basis. The Anchorage School District chooses not to allow part-time students at this time. Mr. Wiget noted that even the current law has the possibility of being challenged constitutionally. EDDY JEANS , Manager of School Finance in DOE, clarified that current regulations allow part-time attendance. School districts must develop a policy allowing students to attend on a part-time basis. Districts can be discriminatory in some nature, for instance, a part-time student would not be allowed to take a class that would replace a full-time student; full-time students have preference for classes. The State Board of Education does support HB 158. Number 376 JAN LEVY , Assistant Attorney General for the Department of Law, informed the committee that Representative Dyson had requested that she testify whether the Department of Law saw any legal problems or issues with HB 158. This issue was reviewed closely a few years ago when the State Board of Education contemplated adopting part- time regulations. At that time, the department determined that nothing in statute or the constitution required a part-time policy to be established nor was there anything that prohibited such. Ms. Levy said that analysis would remain the same for HB 158. Ms. Levy was aware of the suggestion that the bill may violate the constitution due to the prohibition of any payment of public money for direct benefit of a private school. The department was told that there would be a challenge upon the adoption of the regulations, but no such challenge has occurred. Ms. Levy stated that the department believes that such a challenge could be defeated and that HB 158 is constitutionally sound. LINDA SHARP , a mother of two children in public school, endorsed HB 158. Due to the failure of the public school system, many have turned to home schooling and private schooling. Ms. Sharp indicated the need to have the best choices for all families in Anchorage in order that the most resourceful families choose the Anchorage School District first. This is a step in the right direction. SENATOR WARD moved to report HB 158 out of committee with individual recommendations and accompanying fiscal notes. Without objection, it was so ordered.