Legislature(2007 - 2008)CAPITOL 106

02/13/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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03:02:51 PM Start
03:03:21 PM HB120
03:09:59 PM Overview: Community Health Centers
03:52:18 PM HB97
04:49:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Community Health Centers TELECONFERENCED
*+ HB 120 EXTENDING COUNCIL ON DOMESTIC VIOLENCE TELECONFERENCED
Moved Out of Committee
*+ HB 97 APPROP: K-12 EDU; PERS/TRS LIABILITY TELECONFERENCED
Heard & Held
HB  97-APPROP: K-12 EDU; PERS/TRS LIABILITY                                                                                   
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 97, "An  Act making appropriations for  state aid                                                               
to   public  schools,   centralized  correspondence   study,  and                                                               
transportation of pupils; and providing for an effective date."                                                                 
                                                                                                                                
3:52:18 PM                                                                                                                    
                                                                                                                                
EDDY  JEANS, Director,  School  Finance  and Facilities  Section,                                                               
Department of  Education and  Early Development  (EED), presented                                                               
HB 97,  the governor's education  funding bill, on behalf  of the                                                               
administration.    This  bill would  fully  fund  the  foundation                                                               
program and the pupil transportation  program at $918 million and                                                               
$53 million, respectively.  Full  funding refers to the statutory                                                               
requirement to fund  the base student allocation  (BSA), which is                                                               
$5,380 per  student for fiscal  year 2007 (FY 07),  he explained.                                                               
Section 1 of the bill calls  for an appropriation of $395 million                                                               
from  state general  funds  (GF) to  the  public education  fund.                                                               
Section  1  also   appropriates  $32  million  to   the  EED  for                                                               
distribution  to school  districts, state  boarding schools,  and                                                               
centralized correspondence  programs.   This amount  includes $20                                                               
million in  federal impact  aid funds and  $12 million  in public                                                               
school  trust funds.    Section 2  proposes  distribution of  $24                                                               
million to  the EED, to  then be distributed to  school districts                                                               
in  the same  amount  they  received in  FY  07  for cost  factor                                                               
adjustments.   The  EED  will calculate  how  much each  district                                                               
generated  this year,  and that  will be  the grant  amount under                                                               
this bill for FY 08.                                                                                                            
                                                                                                                                
3:56:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON queried  whether the  aforementioned grant                                                               
amounts are related to the number of students.                                                                                  
                                                                                                                                
MR.  JEANS  explained that  the  grant  amount  is not  based  on                                                               
student numbers; it  is based on what amount  the school district                                                               
received in cost factor adjustments in  FY 07.  For example, if a                                                               
school  district received  $150 thousand  in  FY 07  due to  cost                                                               
factor adjustments,  it will receive  that same grant  amount for                                                               
FY 08.                                                                                                                          
                                                                                                                                
REPRESENTATIVE WILSON noted that  with this approach schools will                                                               
receive the same  amount for district cost  factors regardless of                                                               
whether they have gained or lost students.                                                                                      
                                                                                                                                
MR. JEANS  confirmed that  the grant amounts  under Section  2 do                                                               
not take  student numbers into  account.  Section 3  provides $11                                                               
million from  the GF  to the  EED.  This  is then  distributed as                                                               
grants to each school district in  the same amount as received in                                                               
FY 07  for school improvement  grants.   He explained the  sum of                                                               
$11 million  will be  distributed to school  districts on  a per-                                                               
capita basis.   The number of  students is multiplied by  the sum                                                               
of  $81 to  arrive at  the amount  to be  distributed for  school                                                               
improvement grants.                                                                                                             
                                                                                                                                
3:58:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN  asked   whether  the   Anchorage  school                                                               
district will  receive a  grant for  school improvement  costs in                                                               
Section 3,  as it will  not receive any  of the $24  million cost                                                               
factor adjustment funds in Section 2.                                                                                           
                                                                                                                                
MR. JEANS  agreed that  the Anchorage  school district  would not                                                               
receive funds under  Section 2, but would receive funds  on a per                                                               
capita basis  under Section  3.  He  reminded the  committee that                                                               
when  funds are  distributed on  a per  capita basis,  the larger                                                               
districts  receive more  funds as  they have  more students.   He                                                               
then explained  that Section 4  appropriates funds to  the school                                                               
districts' retirement  funds for the employees  covered under the                                                               
Public  Employees'  Retirement  System (PERS).    These  amounts,                                                               
which are detailed  in Section 4(b), will show up  as a credit in                                                               
each district's name, and the  districts can apply their payments                                                               
against their  credit.  Once  the credit  amount is used  up, the                                                               
districts  will be  required to  start making  payments to  their                                                               
PERS liabilities, he explained.   He clarified that these amounts                                                               
will be distributed directly into  the retirement system, will be                                                               
"outside the  funding formula," and  will appear as a  credit for                                                               
each district.   The  dollar amounts listed  in Section  4(b) are                                                               
based  on  retirement and  benefit  estimates  for the  increased                                                               
contributions  required by  the PERS  system, he  explained.   He                                                               
reminded  the  committee  there   is  a  difference  between  the                                                               
Teachers' Retirements  System (TRS)  and the  PERS.   Under PERS,                                                               
the contribution rate varies from  district to district, which is                                                               
why HB 97 is structured as it is.                                                                                               
                                                                                                                                
4:00:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN  asked   whether   it   was  correct   to                                                               
characterize the $170.450  million of Section 4(c)  and the $36.9                                                               
million  of Section  4(b) as  intended to  fully fund  additional                                                               
increases to the PERS\TRS that are  expected to be imposed on the                                                               
school districts.                                                                                                               
                                                                                                                                
MR.  JEANS confirmed  that the  aforementioned representation  is                                                               
accurate.   He went on  to explain  that Section 4(c)  applies to                                                               
the  TRS system  and proposes  to appropriate  $170 million  into                                                               
that system.   Because the funding rates for the  TRS are uniform                                                               
for all  school districts,  it is possible  to make  one lump-sum                                                               
deposit.    Currently  the  Alaska  Retirement  Management  Board                                                               
(ARMB)  has indicated  that employer  contribution rates  for the                                                               
TRS will rise  from 26 percent in  FY 07 to 54 percent  in FY 08.                                                               
Mr. Jeans  said that the  EED is  working with the  Department of                                                               
Administration (DOA) to  return the TRS contribution  rate for FY                                                               
08 to 26 percent if  the legislature makes the appropriations set                                                               
forth in HB 97.  He  indicated that the governor's bill will keep                                                               
the TRS'  funding rates at 26  percent, adding that a  12 percent                                                               
contribution  rate  would  require   an  additional  $78  million                                                               
payment into the pension fund liabilities.                                                                                      
                                                                                                                                
4:04:40 PM                                                                                                                    
                                                                                                                                
MR. JEANS explained that Section 5  of the bill makes a statement                                                               
that the appropriations  to the public education  fund in Section                                                               
1(a) are intended  to capitalize the fund;  therefore those funds                                                               
will  remain  in  the  public  education  fund  for  future  use,                                                               
assuming it is not depleted.                                                                                                    
                                                                                                                                
4:05:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  relayed his  understanding that  the public                                                               
education fund  was created  to build  up reserves  in sufficient                                                               
amounts to  allow forward  funding of education  needs for  up to                                                               
two  years, thereby  easing school  districts' budget  decisions.                                                               
He asked whether  the appropriations in HB 97 are  to come out of                                                               
that fund.                                                                                                                      
                                                                                                                                
MR. JEANS explained that the  payments for the foundation program                                                               
and  pupil transportation  do come  out of  the public  education                                                               
fund and  do not  require future  legislative appropriation.   He                                                               
noted that  the public education  fund was structured  to provide                                                               
the forward  funding described by Representative  Roses, but that                                                               
HB 97 only appropriates enough money  to meet the needs of school                                                               
districts for FY  08.  He estimated that there  is currently $500                                                               
million in  the public education  fund.   When asked how  long it                                                               
will take  to build  the public education  fund up  to sufficient                                                               
levels to  forward fund education  for two years, he  opined that                                                               
is a  policy choice  of the  legislature.   For example,  he said                                                               
that if the  legislature had $1 billion, it  could appropriate it                                                               
to  this fund  to achieve  a fund  balance sufficient  to forward                                                               
fund education for two years.                                                                                                   
                                                                                                                                
4:08:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES set  forth his  understanding that  funding                                                               
for education  is not  a bondable  expense.   However, it  may be                                                               
possible  for the  state to  issue  bonds to  cover its  unfunded                                                               
pension obligations.   This is currently being  considered by the                                                               
legislature.   He said that  the ability  to issue bonds  to help                                                               
defray pension obligation expenses  may free up additional money,                                                               
perhaps as much as $370 million, for education funding.                                                                         
                                                                                                                                
4:10:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN reviewed the  various funding categories of                                                               
HB 97 and noted it does  not include local contribution or school                                                               
construction and maintenance amounts.                                                                                           
                                                                                                                                
MR. JEANS said the bill  appropriates approximately $608 million.                                                               
Combined with  the $500 million  already in the  public education                                                               
fund, the  total appropriations  to support  education foundation                                                               
funding,  pupil  transportation,  and  the  PERS/TRS  obligations                                                               
total approximately $1.1 billion.                                                                                               
                                                                                                                                
CHAIR WILSON opined  that this is a lot of  money, but the future                                                               
of  the state  is based  on  how the  children of  the state  are                                                               
educated.                                                                                                                       
                                                                                                                                
4:13:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked about  the anomaly of funding the                                                               
PERS/TRS  through  the  general  fund instead  of  using  outside                                                               
funding.   She opined  that this method  may give  the impression                                                               
that funding to schools is  not being increased because the funds                                                               
are going directly into retirement funds.                                                                                       
                                                                                                                                
MR.  JEANS stated  that his  understanding of  the aforementioned                                                               
point is  that the  funds appropriated directly  to the  DOA will                                                               
not be reflected in the budget  as education dollars.  He assured                                                               
the  committee  that the  EED  will  include those  amounts  when                                                               
reporting  its educational  expenses to  the federal  government.                                                               
He did address  the problem that the public will  not see this as                                                               
an   appropriation  to   education  because   it  is   not  being                                                               
appropriated  directly into  education foundation  formula funds.                                                               
However,  the  method  proposed   in  HB  97  appropriates  funds                                                               
directly into the retirement accounts,  which allows the state to                                                               
start investing  the money immediately  and get a  better return,                                                               
he said                                                                                                                         
                                                                                                                                
REPRESENTATIVE  ROSES  referenced  his  past  experience  writing                                                               
education grants  at the  university level  and warned  that this                                                               
funding  approach  may result  in  unintended  consequences.   He                                                               
explained that  one litmus test  for grant qualification  is what                                                               
percentage  of  funds  spent  on education  are  for  salary  and                                                               
benefits.   If benefits  are over-inflated  due to  payments into                                                               
the PERS/TRS,  school districts  may not be  able to  qualify for                                                               
some grants;  which is  a serious  and unintended  consequence of                                                               
running it through the formula "as a pass-through."                                                                             
                                                                                                                                
4:16:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH followed  up by stating that  it may be                                                               
this legislature's policy  that the state addresses  the issue of                                                               
unfunded pension  liabilities.  She  further indicated it  may be                                                               
better to  have a 12  percent average employer  contribution rate                                                               
for the  reasons Representative  Roses mentioned,  as well  as to                                                               
make it  clear that the  state is "stepping  up to the  plate" to                                                               
make sure promised retirement benefits are funded.                                                                              
                                                                                                                                
MR.  JEANS estimated  that in  FY 06,  the total  K-12 and  post-                                                               
secondary education budget, appropriated  from general funds, was                                                               
$1.023 billion; the governor's budget  request for FY 07 is about                                                               
$1.236 billion.   He reminded the committee  that comparisons are                                                               
not  very  accurate because  changes  in  the foundation  program                                                               
require local areas  to increase their school  funding, while the                                                               
state will decrease its share of  funding.  He explained that for                                                               
the  past  fiscal year,  the  state  contributed $90  million  to                                                               
school construction, and  that this year's budget  relies on that                                                               
amount, in addition to the $1.2 billion referred to above.                                                                      
                                                                                                                                
4:21:05 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON said she believes  many schools have maintenance and                                                               
construction needs they cannot fund.                                                                                            
                                                                                                                                
MR. JEANS  agreed that there  are schools throughout  Alaska with                                                               
construction  and maintenance  needs.   In  response  to a  prior                                                               
observation, he  explained that school  districts do not  need to                                                               
hire an engineer to make  an application for construction funding                                                               
to the  state, although he  noted that detailed  applications may                                                               
result in a  higher ranking on the  state's construction priority                                                               
list.                                                                                                                           
                                                                                                                                
REPRESENTATIVE ROSES asked whether  the governor's education bill                                                               
proposes any additional increases  in education funding from last                                                               
year, aside  from the  PERS/TRS contributions  that will  be paid                                                               
directly to the DOA.                                                                                                            
                                                                                                                                
MR. JEANS answered no.                                                                                                          
                                                                                                                                
CHAIR WILSON  confirmed that the  funding amounts in HB  97 would                                                               
give  the school  districts the  "very same  ...as they  got last                                                               
year".   She followed up by  asking whether the schools  could be                                                               
characterized  as "going  backwards,"  if they  receive the  same                                                               
amount  of funds  as the  previous year,  especially in  light of                                                               
higher   fuel   and   insurance  costs,   and   possibly   higher                                                               
enrollments.                                                                                                                    
                                                                                                                                
MR. JEANS agreed that this is a fair generalization.                                                                            
                                                                                                                                
4:24:14 PM                                                                                                                    
                                                                                                                                
JOHN   ALCANTRA,   Government  Relations   Director,   NEA-Alaska                                                               
[National Education  Association -  Alaska], opined that  the $24                                                               
million in  Section 2  and the  $11 million in  Section 3  of the                                                               
bill are  positive steps  and he recognized  that the  TRS system                                                               
needs $170 to keep the  school district contribution amount at 26                                                               
percent.  He said that the  bill actually cuts funding for school                                                               
transportation,  and reminded  the committee  that transportation                                                               
costs are  paid on a  per student basis  even though it  costs as                                                               
much to transport one child in a  bus as to transport ten.  There                                                               
is no  additional funding in  this bill to cover  increased costs                                                               
of inflation.   When education  is funded  at the same  amount as                                                               
the  prior  year,  it  actually cuts  funding  due  to  inflation                                                               
factors,  he said.   He  noted that  the 13,000  members of  NEA-                                                               
Alaska are willing  to work with the governor  and legislature on                                                               
school funding issues.                                                                                                          
                                                                                                                                
4:28:50 PM                                                                                                                    
                                                                                                                                
MR.  ALCANTRA  responded to  a  query  about changes  in  student                                                               
population by stating  he believes that there has been  a loss of                                                               
2,300 students in the K-12 population;  this may result in a loss                                                               
of about $20  million in education formula funding for  K-12.  If                                                               
an  individual district  has a  student  population increase,  it                                                               
will  receive additional  money per  student for  transportation.                                                               
He  noted that  districts receive  the same  amount of  money per                                                               
student regardless of actual transportation costs in their area.                                                                
                                                                                                                                
4:30:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked  whether the NEA has  any position on                                                               
how to increase the amounts allocated to education.                                                                             
                                                                                                                                
MR. ALCANTRA replied that NEA-Alaska  takes numerous positions at                                                               
its yearly  convention, but  opined that  it is  not NEA-Alaska's                                                               
position to  tell the  legislature how  to fund  education needs.                                                               
He  went on  to  say that  it  is important  to  keep working  to                                                               
address the  needs caused by  many years of  inadequate education                                                               
funding.  He  suggested, in response to a question,  that the BSA                                                               
should be driven upward beyond inflation.                                                                                       
                                                                                                                                
4:34:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN   reminded   the   committee   that   the                                                               
legislature has worked  very hard the last few  years to increase                                                               
the educationa funding.                                                                                                         
                                                                                                                                
4:34:58 PM                                                                                                                    
                                                                                                                                
JIM   SCHWARTZ,  Member,   Petersburg  School   Board,  City   of                                                               
Petersburg,  told   the  committee  that  his   district  greatly                                                               
appreciated  the funding  it  received last  year.   However,  he                                                               
reminded  the committee  that  his district  does  not receive  a                                                               
multiplier under the  education funding formula.   He stated that                                                               
the Petersburg school district is very  much on the edge of being                                                               
able to adequately  fund its schools and explained  that the loss                                                               
of timber receipt funds has negatively impacted his district.                                                                   
                                                                                                                                
CHAIR WILSON asked  how Petersburg has accommodated  for the lack                                                               
of a multiplier in the past.                                                                                                    
                                                                                                                                
4:39:14 PM                                                                                                                    
                                                                                                                                
MR. SCHWARTZ  replied that  since 1998, when  Senate bill  98 was                                                               
passed,  Petersburg has  received timber  receipts to  supplement                                                               
its school funding.   Despite these additional  funds, the school                                                               
district has had to make significant  cuts to its budget over the                                                               
last few years.   Over six teacher positions have  been lost, and                                                               
teachers are  working "on a  shoestring," often with no  aides or                                                               
breaks.                                                                                                                         
                                                                                                                                
4:41:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES asked  Mr.  Schwartz' opinion  of what  the                                                               
likely  teacher  loss  will  be for  his  district  if  education                                                               
funding went through as proposed in HB 97.                                                                                      
                                                                                                                                
MR. SCHWARTZ  replied that would  be difficult to answer,  but it                                                               
would  mean a  cut of  $850,000 on  top of  increased salary  and                                                               
energy costs.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES  expressed  his  belief  that  Petersburg's                                                               
situation is similar  to that of Wrangell's.  He  said that under                                                               
his  calculations,  the significance  of  flat  funding on  small                                                               
districts  is  huge,  noting  that the  effects  are  similar  to                                                               
Anchorage having to lay off as many as 500 teachers.                                                                            
                                                                                                                                
4:43:48 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  relayed that  she  has  heard concerns  from  some                                                               
school  systems  that   may  not  be  able   to  operate  without                                                               
additional  funds.   She  stated her  belief  that districts  are                                                               
facing  serious budget  issues related  to the  past 20  years of                                                               
flat funding.                                                                                                                   
                                                                                                                                
4:46:13 PM                                                                                                                    
                                                                                                                                
MR.  SCHWARTZ  referred  to recent  news  reports  regarding  the                                                               
Anchorage  school district  cutting library  aide positions.   He                                                               
explained that  this is  not an option  for Petersburg,  as there                                                               
are  no  library  aides.   The  Petersburg  school  district  has                                                               
reached crisis mode.   He commented that it  "almost makes sense"                                                               
to  have  a semester  long  school  year,  rather than  having  a                                                               
"terrible program" for  a full year; however, he  opined that the                                                               
state is  not ready to  allow this.  Despite  these difficulties,                                                               
the  Petersburg  elementary  school   was  honored  for  academic                                                               
achievement under the federal No Child Left Behind Act of 2001.                                                                 
                                                                                                                                
CHAIR WILSON announced that HB 97 would be held in committee.                                                                   

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