HB 367 - PART-TIME PUBLIC SCHOOL STUDENT ENROLLMENT CHAIRMAN WILKEN announced a committee substitute to HB 367 was prepared. SENATOR LEMAN moved to adopt SCSHB 367(HES), version B, as the working document before the committee. CHAIRMAN WILKEN explained language was added on page 1, line 14, and page 2, lines 1-3, to address the issue of double counting. The new language will prevent a student from being counted as more than one FTE. This change has the approval of DOE and Representative Dyson, the bill sponsor. There being no objection to the adoption of SCSHB 367(HES), CHAIRMAN WILKEN noted the motion carried. Number 046 JOHN CYR, President of the National Education Association - Alaska (NEAA), made the following comments about SCSHB 367(HES). When this issue first surfaced last year, and a similar bill passed the Legislature, NEA took no position on the bill. NEA does not oppose private school students being allowed to attend public schools, as long as the money follows those students. The problem NEA has with this bill is the language on page 9 that states, "... or require that part-time students be enrolled after full-time student enrollment is completed." Mr. Cyr explained he taught advanced placement U.S. history, which was a very competitive class with a waiting list, at Wasilla High School. The class could not accommodate all of the interested full-time students. That same situation is occurring in a number of public high schools in Alaska in honors and advanced placement classes. He thought it is only fair that full-time students get first shot at those classes, however, SCSHB 367(HES) gives a preference to students who attend part-time. If that provision of the bill can be changed, NEA has no problem with the bill. CHAIRMAN WILKEN asked Mr. Cyr if the NEAA position paper he submitted addresses that issue. MR. CYR said the position paper does. REPRESENTATIVE DYSON joined committee members at the table. SENATOR LEMAN referred to page 2 of the NEAA position paper, and specifically to the section which read: "This development causes us a concern over the break in the law on separation of church and state. Article VII, Section 1, of our Constitution provides, 'No money shall be paid from public funds for the direct benefit of any religious or other private educational institution.'" Senator Leman asked Mr. Cyr if he was defining that provision of the Constitution as a law pertaining to the separation of church and state. MR. CYR replied, "I believe when it says, 'No money should be paid from public funds for the direct benefit of any religious or other private educational institution,' that does have to do with the separation of church and state. It seems to me if we provide the kind of benefit that we're talking about, and what it does is it enhances the position of private schools. They don't have to provide those kinds of honors' courses that they would otherwise have to provide for their students. They can be taken in the public school. We see that as a problem." Number 119 SENATOR LEMAN commented he recently watched the finals basketball game in the 3A championship between Eielson and Anchorage Christian School. That game mutually benefitted both public and private school students. He stated that mixture of students occurs in other activities as well and that Alaska is well served when those types of activities occur. MR. CYR stated NEAA is supportive of private schools in that aspect and it believes that parents should have the right to send their child to private school, if they wish to do so. NEAA does not believe it is appropriate for the state to provide benefits for private school students that may supplant students in the public schools. He emphasized if the classroom space was available, no one would oppose this issue but public school students who compete to get into classes might be turned away because a part-time student wants to enroll. SENATOR LEMAN stated the net result in Mr. Cyr's example would be the same, provided the part-time student met the academic rigor. MR. CYR said we do not know that. If the state wants to begin to track and hold private schools responsible for curriculum and grading decisions in the same way that public schools are held responsible, then private schools will no longer be private. Public school administrators do not know what an "A" or a "B" grade means in another school. He added the process to get into some of the upper level honors classes in public schools begins early. SENATOR LEMAN pointed out that there are 94 part-time students in the Anchorage School District out of 48,000, so the bill will apply to a fairly small number of students. He believes we can advance the level of education in Alaska by making language, chemistry, or other classes available. If a student became a chemical engineer and Alaska played a part in making that possible by providing classes to part-time students, that would be consistent with the objectives of providing for an education system in Alaska. MR. CYR commented that this issue is about the problems some parents have had with the Anchorage School District. He cautioned that the approach taken in HB 367 to remedy that problem is similar to using nuclear weapons to drive tacks. Number 219 REPRESENTATIVE DYSON informed committee members a few other Alaska school districts have spotty performance records on accepting all students, but the Anchorage School District makes a policy out of sending part-time students to the back of the line. The Anchorage School District accepts tax money paid by private school students' parents. The argument that the U.S. Constitution is threatened by a nine year old student who attends a public school math class is ludicrous on its face. The U.S. Constitution has survived a few hundred years of very serious challenges. As discussed last week, a school district has every right to apply equally, to part and full-time students, the same prerequisites and preregistration requirements for class enrollment. The Anchorage School District will not even allow students enrolled in the state correspondence course to enroll in classes, under the threat that their entry would threaten constitutional rights. He noted that Mr. Cyr's concern that classes have waiting lists is valid, however that issue is separate. School districts need to use whatever resources and criteria they have available to decide when to add classes. Representative Dyson said he takes extreme exception to the argument that allowing part-time students to take classes in public schools will weaken both systems. Nothing could be more to the contrary; this approach should strengthen both systems. REPRESENTATIVE DYSON noted from testimony on last year's bill, he learned that several public schools were using the part-time status as a way to transition students back into school who had been thrown out for behavioral problems. Those schools found part-time attendance to be a marvelous transition tool. They also found that students from correspondence, home schools, or private schools were, almost without exception, a real asset to the educational experience of students in the public school system, and he hopes it was vice versa. Representative Dyson said NEAA's position is the exact reason why this bill is necessary: the Alaska Constitution prohibits discrimination against any students. To tell one group it cannot participate in public schools seems contrary to the Constitution. Well educated students are a major resource for the future of our state. CHAIRMAN WILKEN welcomed Senators Ellis and Ward. Number 282 SENATOR GREEN noted part of NEAA's position paper does not address the bill. She also stated, regarding the argument that a "B" grade may not be the equivalent in different schools, that same argument could be made among public high schools within the same, or different, districts. She added that even within school districts, it has been suggested that policies differ as to how children are allowed to enroll in courses and to participate. CHAIRMAN WILKEN explained the changes made in the committee substitute to Senators Ellis and Ward. SENATOR GREEN asked if the part-time students were actually being counted as more than one FTE by DOE. CHAIRMAN WILKEN answered he did not think so, but the potential to do so existed. SENATOR GREEN moved to delete lines 11 through 13 on page 1. SENATOR ELLIS objected for the purpose of an explanation. Number 309 SENATOR GREEN stated that the deletion of those lines will actually have no effect because it is already understood that the bill only applies to academic subjects. That language was added by a committee to restate that position. SENATOR ELLIS commented if another committee explicitly added that language in, it must have thought it to be important. REPRESENTATIVE DYSON clarified that the amendment was added on the House floor, by Representative Kubina, to ensure that the bill would remain neutral on extracurricular activities. Number 326 MS. TORKELSON clarified that Representative Kubina asked if a governing body could be considered the Alaska School Activities Association (ASAA). After researching the issue, she found that a governing body, according to statute, can only mean the school board. The ASAA, since 1994 or 1995, has been a separate non- profit entity; it has no relation to DOE anymore. She gave this information to Representative Kubina and to Representative Porter who requested that the language be added for the purpose of clarification. SENATOR ELLIS felt that language is comfort language that could prevent litigation in the future. However, he stated he would not maintain his objection if the committee wants to remove it. CHAIRMAN WILKEN stated he thinks the exclusion of those three lines creates a firestorm in the bill and that he would be voting against the amendment. Number 355 REPRESENTATIVE DYSON agreed with Chairman Wilken that leaving the language in tends to quiet down people who get alarmed about the bill and its inclusion does not change the effect of the bill. The committee took a brief at-ease. The motion to delete lines 11-13 on page 1 carried with Senators Leman, Green, and Ward voting for the motion and Senator Ellis and Chairman Wilken voting against it. SENATOR LEMAN moved to report SCSHB 367(HES) out of committee with individual recommendations and a zero fiscal note. SENATOR ELLIS objected. The motion carried with Senators Green, Ward, Leman and Chairman Wilken voting for the motion, and Senator Ellis voting against it.