Legislature(2007 - 2008)CAPITOL 106

03/27/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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03:04:57 PM Start
03:05:29 PM HB157
04:35:35 PM Board of Education and Early Development
04:41:56 PM Professional Teaching Practices Commission
04:50:12 PM State Medical Board
04:52:52 PM University of Alaska Board of Regents
05:10:37 PM HB181
05:30:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 157 CHARTER SCHOOL FUNDING TELECONFERENCED
Moved CSHB 157(HES) Out of Committee
+ Confirmation Hearings: TELECONFERENCED
Board of Education and Early Development;
State Medical Board; Professional
Teaching Practices Commission;
University of Alaska Board of Regents
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 181 TRAFFIC OFFENSES: FINES/SCHOOL ZONES TELECONFERENCED
Heard & Held
HB 157-CHARTER SCHOOL FUNDING                                                                                                 
                                                                                                                                
3:05:29 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE BILL NO. 157, "An Act relating to charter school funding."                                                                
                                                                                                                                
3:05:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JAY  RAMRAS, Alaska State  Legislature, introduced                                                               
HB 157,  as the prime sponsor,  and provided a personal  story of                                                               
visiting  a traditional  Native school  that operated  on a  non-                                                               
conforming schedule,  as a charter  school.  In its  second year,                                                               
the  Effie Kokrine  Charter School's  population  fell below  150                                                               
students.   The result was that  the school was subjected  to the                                                               
large school  funding formula and developed  an $800,000 deficit.                                                               
Representative Ramras  opined that  the school has  the potential                                                               
to serve a  unique and special group of  students. His experience                                                               
caused him to  consider allowing more flexibility  in the funding                                                               
process for  these schools.   Two  solutions that  were suggested                                                               
were  to reduce  the minimum  number of  students to  100, or  to                                                               
establish  an incubation  period of  three enrollment  periods in                                                               
order  to  reach  minimum   enrollment.    Representative  Ramras                                                               
expressed his  hope that  the committee will  support HB  157 and                                                               
provide small school funding support  for charter schools through                                                               
their first two years, plus the third enrollment period.                                                                        
                                                                                                                                
3:13:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked whether Representative  Ramras would                                                               
accept  an   amendment  that  would  strike   the  average  daily                                                               
membership (ADM) of 100 students.                                                                                               
                                                                                                                                
3:14:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS agreed, and  he quoted Representative Kevin                                                               
Meyer,  Finance Committee  Co-Chair, who  said, "The  150 student                                                               
level is there for a reason, for efficiency purposes..."                                                                        
                                                                                                                                
3:14:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN remarked:                                                                                                 
                                                                                                                                
     ... the question  that I struggle with is  there has to                                                                    
     be a  way to try  and find a  mix in between  those two                                                                    
     numbers, where we're not funding  these schools  at the                                                                    
     rate  that  the  largest  school  in  the  district  is                                                                    
     getting funded.   Where  if you have  500 kids  in that                                                                    
     school, obviously,  the cost  per student is  much less                                                                    
     ....                                                                                                                       
                                                                                                                                
3:16:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  observed  that the  issue  impacts  small                                                               
schools such those in Wrangell  and Petersburg, and said that the                                                               
enrollment discussion will be for another time.                                                                                 
                                                                                                                                
3:16:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked whether  charter schools  charge fees                                                               
to any of the students.                                                                                                         
                                                                                                                                
3:16:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  noted that  there are 23  charter schools,                                                               
approved by  the local  school districts, across  the state.   He                                                               
deferred the question to his aide.                                                                                              
                                                                                                                                
3:17:07 PM                                                                                                                    
                                                                                                                                
EMILY  STANCLIFF,  Staff  to Representative  Jay  Ramras,  Alaska                                                               
State Legislature,  responded that it  is unknown to  her whether                                                               
charter schools  are allowed  to charge  additional fees  and she                                                               
deferred to Eddy Jeans.                                                                                                         
                                                                                                                                
3:17:36 PM                                                                                                                    
                                                                                                                                
EDDY  JEANS,  Director,  School  Finance  &  Facilities  Section,                                                               
Department  of Education  and Early  Development (EED),  informed                                                               
the  committee that  EED will  support  HB 157,  with the  change                                                               
raising  the minimum  average daily  membership to  150 students.                                                               
He referred to  information in the packet that listed  the ADM of                                                               
each charter  school for  FY07 and  FY08.  In  FY08 there  are no                                                               
schools with enrollments falling  between 100 and 150; therefore,                                                               
a change  in the  class of  any school is  not anticipated.   Mr.                                                               
Jeans questioned the effective date  on the bill, and pointed out                                                               
that the  two new  charter schools in  Anchorage will  exceed the                                                               
ADM minimum  of 150 and,  thereby, will  not be affected  by this                                                               
legislation.                                                                                                                    
                                                                                                                                
3:20:05 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked whether charter  schools can  charge students                                                               
additional fees.                                                                                                                
                                                                                                                                
MR. JEANS answered  that charter schools are  public schools, and                                                               
they can  only charge for special  fees, such as lab  or athletic                                                               
fees.                                                                                                                           
                                                                                                                                
3:20:34 PM                                                                                                                    
                                                                                                                                
CHAIR   WILSON  commented   that,  under   normal  circumstances,                                                               
children attending a  charter school would have  been attending a                                                               
larger school and would have been  pulled out to attend a charter                                                               
school.   She pointed out that  this has an impact  on enrollment                                                               
and funding at the non-charter schools.                                                                                         
                                                                                                                                
3:21:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  referred  to   the  list  of  forecasted                                                               
charter school ADMs  for FY08.  She noted that  enrollment at two                                                               
schools indicates a large increase from the previous year.                                                                      
                                                                                                                                
MR.  JEANS replied  that those  schools were  approved under  the                                                               
premise that they would have 150  students, but then did not meet                                                               
their enrollment projections in FY07.                                                                                           
                                                                                                                                
REPRESENTATIVE GARDNER pointed out  that the Effie Kokrine school                                                               
expects to double their enrollment.                                                                                             
                                                                                                                                
3:23:07 PM                                                                                                                    
                                                                                                                                
MS. STANCLIFF asked the committee  to refer to the charter school                                                               
ADM list dated 3/27/07.                                                                                                         
                                                                                                                                
3:23:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked whether  a charter school  that does                                                               
not have  150 children in the  first two years is  protected from                                                               
closure by HB 157.                                                                                                              
                                                                                                                                
MR.  JEANS  answered  that  the legislature  has  made  a  policy                                                               
decision  that, for  efficiency  purposes,  charter schools  must                                                               
meet attendance minimums.  In  most areas, such as Anchorage, the                                                               
district  school board  will not  approve a  charter school  that                                                               
does not project  150 students, due to the increased  cost to the                                                               
school district.   The current legislation allows  for 60 charter                                                               
schools in  the state to  operate.   He opined that  allowing the                                                               
threshold  to  fall below  150  ADM  will  increase the  cost  of                                                               
education statewide.                                                                                                            
                                                                                                                                
3:25:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  pointed out  that,  if  150 children  are                                                               
taken  from   a  neighborhood   school,  that  school   could  be                                                               
dramatically impacted in a negative way.                                                                                        
                                                                                                                                
3:26:30 PM                                                                                                                    
                                                                                                                                
MR.  JEANS  said  that  charter schools  usually  draw  from  the                                                               
community at large,  not from one school.  He  noted that the EED                                                               
does not study those statistics.                                                                                                
                                                                                                                                
3:27:34 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  opined that  the  local  school boards  study  the                                                               
issues before approving a new charter school.                                                                                   
                                                                                                                                
3:27:57 PM                                                                                                                    
                                                                                                                                
SAMUEL  SHIELDS,  Co-Chair  Ayaprun Elitnaurvk  Yup'ik  Immersion                                                               
Charter School,  stated his support  for the provision in  HB 157                                                               
that will  lower the required ADM  to 100 students.   He informed                                                               
the committee  that this is  the first  time in eight  years that                                                               
the  charter  school enrollment  has  dropped,  partially due  to                                                               
parents failing  in their  contracts with  the school  to support                                                               
their student.  He explained  that when a parent violates his/her                                                               
contract, the child must be  dropped from enrollment.  The impact                                                               
that  this  charter  school  has had  on  preserving  the  Yup'ik                                                               
language is undeniable  and Mr. Shields repeated  his support for                                                               
HB 157, as originally drafted.                                                                                                  
                                                                                                                                
3:31:16 PM                                                                                                                    
                                                                                                                                
AGATHA  JOHN   SHIELDS,  Principal,  Ayaprun   Elitnaurvk  Yup'ik                                                               
Immersion  Charter School,  stated her  support for  HB 157,  and                                                               
said  that this  is the  first year  that the  enrollment at  her                                                               
school  has  declined.   She  cited  additional factors  for  the                                                               
school's loss of students such  as, the National Guard deployment                                                               
and residents moving to cities  and villages due to the increased                                                               
cost of living in Bethel.   In addition, to be enrolled, students                                                               
must be literate  in Yup'ik after the completion  of first grade.                                                               
Ms. Shields  stressed the  importance of  the charter  schools to                                                               
her community.                                                                                                                  
                                                                                                                                
REPRESENTATIVE ROSES  asked how  many students have  been dropped                                                               
from the school due to a breach of the parental contract.                                                                       
                                                                                                                                
MS. SHIELDS estimated that five  students have been dropped.  She                                                               
added that the parents would not  help with the homework or speak                                                               
Yup'ik at  home, and  all efforts made  to involve  these parents                                                               
were to  no avail.  Ms.  Shields pointed out that  the school has                                                               
attained its No Child Left Behind goal.                                                                                         
                                                                                                                                
3:34:50 PM                                                                                                                    
                                                                                                                                
ELEANOR  LAUGHLIN,  Principal,   Effie  Kokrine  Charter  School,                                                               
stated her support for the original  HB 157 with a minimum ADM of                                                               
100 students.   She  opined that  it is  important for  a charter                                                               
school  to  be  able  to  have only  100  children  and  to  have                                                               
sufficient  time  to  establish   its  reputation.  Ms.  Laughlin                                                               
described  the accomplishments  of  the Kokrine  School such  as,                                                               
Native focus, high  academic standards, and dual  high school and                                                               
college courses.  Her school is  an Early College high school and                                                               
emphasizes future education and careers  for "middle of the road"                                                               
students.   Ms. Laughlin  encouraged the  committee to  adopt the                                                               
bill without any changes to the ADM minimum level.                                                                              
                                                                                                                                
3:37:08 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  asked  whether  the   school  was  aware,  at  its                                                               
inception,  of the  requirement of  maintaining an  enrollment of                                                               
150.                                                                                                                            
                                                                                                                                
MS. LAUGHLIN said yes.                                                                                                          
                                                                                                                                
CHAIR  WILSON  further  asked  about  the  school's  high  school                                                               
students  who  do not  maintain  the  required 80  percent  grade                                                               
average.                                                                                                                        
                                                                                                                                
MS. LAUGHLIN responded that  tutoring, counseling, and individual                                                               
attention contribute to the success of most students.                                                                           
                                                                                                                                
3:38:41 PM                                                                                                                    
                                                                                                                                
ELYSE  GUTTENBERG,  Administrator, Fairbanks  Native  Association                                                               
(FNA),  informed the  committee that  FNA provided  the financial                                                               
backing for  the Effie  Kokrine Charter School.   She  stated her                                                               
opposition  to the  change  in  HB 157  that  requires a  charter                                                               
school to maintain 150, not  100 students.  Ms. Guttenberg opined                                                               
that  two years  is  not  enough time  for  a  charter school  to                                                               
establish  a consistent  population.  She said  that the  Kokrine                                                               
School has obtained a Bill  and Melinda Gates Foundation award to                                                               
establish early college courses at the high school level.                                                                       
                                                                                                                                
REPRESENTATIVE  ROSES asked  for details  about the  relationship                                                               
between the  Fairbanks Native Association  and the  Effie Kokrine                                                               
Charter School.                                                                                                                 
                                                                                                                                
MS. GUTTENBERG explained the FNA  is the 50l c(3) financial agent                                                               
that  is  responsible for  the  school,  as  the school  has  not                                                               
established its non profit status.                                                                                              
                                                                                                                                
REPRESENTATIVE   ROSES  further   asked   whether  FNA   provides                                                               
additional funds to the school.                                                                                                 
                                                                                                                                
MS. GUTTENBERG  said no.   The  school is  no different  than any                                                               
other public charter school in the state.                                                                                       
                                                                                                                                
3:43:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  requested further  information  regarding                                                               
the  effect   on  other  public   schools  when   charter  school                                                               
enrollments fall below 150 students.                                                                                            
                                                                                                                                
3:44:18 PM                                                                                                                    
                                                                                                                                
CATIE  BURSCH, speaking  as an  individual,  and as  a parent  of                                                               
children who attended a charter  school, expressed her support of                                                               
HB 157.   She urged the  committee to consider the  high level of                                                               
education when  discussing the numbers  and efficiency.   Charter                                                               
schools fill  a niche with  creative means to meet  student's and                                                               
parent's needs.   Ms. Bursch  concluded by telling  the committee                                                               
that  supporting charter  schools  will benefit  the students  of                                                               
Alaska.                                                                                                                         
                                                                                                                                
3:46:30 PM                                                                                                                    
                                                                                                                                
JANET BOWEN, Administrative  Specialist and Outreach Coordinator,                                                               
Fireweed  Academy  Charter  School, speaking  as  an  individual,                                                               
stated her support  for HB 157.  She informed  the committee that                                                               
the  Fireweed  School has  65  students,  but its  enrollment  is                                                               
limited by space availability.   Small charter schools are public                                                               
schools; however, they  do not receive the  equivalent funding of                                                               
neighborhood schools.  This bill  has opened up an important area                                                               
of discussion,  especially in the  light of the  change regarding                                                               
the ADM.   Ms. Bowen pointed out that charter  schools follow the                                                               
same  standards  of education  and  testing  requirements of  any                                                               
public school.                                                                                                                  
                                                                                                                                
3:48:46 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked  about the enrollment history  of the Fireweed                                                               
School.                                                                                                                         
                                                                                                                                
MS.  BOWEN responded  that the  school  has never  been above  65                                                               
students;  however,  the  goal  is to  attain  150  students  for                                                               
funding purposes.                                                                                                               
                                                                                                                                
CHAIR  WILSON asked  whether successful  charter school  programs                                                               
have been introduced into non-charter public schools.                                                                           
                                                                                                                                
MS. BOWEN  said that  she was  unable to  respond.   However, she                                                               
offered that  there is a  measure of cooperation  and interaction                                                               
with the local school.  She  expressed her belief that there will                                                               
always be  some parents who will  want a charter school  and some                                                               
who will prefer the neighborhood school.                                                                                        
                                                                                                                                
3:50:57 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON opined that if all of  the effort that is put into a                                                               
charter  school  was  put  into  the  neighborhood  school,  more                                                               
children would benefit.                                                                                                         
                                                                                                                                
MS. BOWEN supported that possibility.                                                                                           
                                                                                                                                
3:51:44 PM                                                                                                                    
                                                                                                                                
BRENDA TAYLOR  informed the  committee she is  the parent  of two                                                               
children at the  Juneau Community Charter School.   These schools                                                               
provide  models   for  other  schools  and   serve  a  particular                                                               
population that may not otherwise  be served.  She clarified that                                                               
small charter schools are funded at  the same rate as the largest                                                               
public school in their district.   She explained this formula, as                                                               
she understands it,  which provides the charter school  a .84 per                                                               
student funding  rate.  Every  small charter school in  the state                                                               
is  getting less  than  other small  neighborhood  schools.   She                                                               
opined  that   small  charter  schools  desire   a  funding  rate                                                               
comparable to that of small neighborhood schools.                                                                               
                                                                                                                                
3:55:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES asked  whether  small  charter schools  are                                                               
responsible  for paying  for  all of  the  school's expenses  and                                                               
salaries.                                                                                                                       
                                                                                                                                
MS. TAYLOR  said yes.   She  added that choices  are made  to cut                                                               
costs; parents  provide janitorial services in  addition to lunch                                                               
and recess  supervision.  Ms.  Taylor opined that  larger schools                                                               
may not  be able to have  parents support the school  in the same                                                               
way.   When  parents have  experience  working in  a school  they                                                               
become more supportive  of their children as  they continue their                                                               
education.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROSES  affirmed that the Juneau  Community Charter                                                               
School  is under  the  direction of  the  Juneau School  District                                                               
(JSD) and the teachers are under the JSD contract.                                                                              
                                                                                                                                
MS. TAYLOR said yes.                                                                                                            
                                                                                                                                
3:58:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  asked  whether the  children  at  the                                                               
charter school participate in activities at other schools.                                                                      
                                                                                                                                
MS. TAYLOR  responded that the  school is located downtown  to be                                                               
able to access community resources.                                                                                             
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  further   asked  whether  the  school                                                               
shares gym space, or other  school resources, with other district                                                               
schools.                                                                                                                        
                                                                                                                                
MS.  TAYLOR  confirmed  that  the  Harborview  Elementary  School                                                               
library and nurse are used to support the charter school.                                                                       
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  observed  that the  charter  school's                                                               
funding multiplier may be lower due  to the fact that it accesses                                                               
other school's resources.                                                                                                       
                                                                                                                                
REPRESENTATIVE NEUMAN remarked:                                                                                                 
                                                                                                                                
     ... we'd  all love to have  smaller schools ... I  am a                                                                    
     huge supporter of charter schools  ... but, I think ...                                                                    
     that the efficiencies that you  gain are borne by other                                                                    
     schools. ...  Do you feel  that, maybe if we  hear from                                                                    
     the [EED],  ... because you  have a smaller  class size                                                                    
     that  that burden  is passed  along to  another school.                                                                    
     Would you support that?...                                                                                                 
                                                                                                                                
MS. TAYLOR restated  that the school is small but  the class size                                                               
is comparable to other schools in the Juneau School District.                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN further  asked  whether  Ms. Taylor  would                                                               
support lowering the  ADM to 100, if doing so  places a financial                                                               
burden on other school districts.                                                                                               
                                                                                                                                
4:02:41 PM                                                                                                                    
                                                                                                                                
MS. TAYLOR responded  that some charter schools are  limited to a                                                               
lower enrollment by the space available.                                                                                        
                                                                                                                                
4:03:22 PM                                                                                                                    
                                                                                                                                
MARY  HAKALA informed  the  committee  that she  was  one of  the                                                               
founders of the  Juneau Community Charter School,  and stated her                                                               
recognition of the importance of  mainstream public schools.  She                                                               
explained that  the charter schools  fill a different  and unique                                                               
niche with strengths and challenges.   Ms. Hakala stressed that a                                                               
small  school  is  programmatically  the  best  choice  for  some                                                               
situations and  communities.  It is  important not to break  up a                                                               
large school into  many small schools;  however,  funding a small                                                               
school at  the same rate  as a  school of 1,500  is unreasonable.                                                               
The  small charter  schools are  asking for  a balanced  level of                                                               
funding through the revision of the funding formula.                                                                            
                                                                                                                                
4:07:02 PM                                                                                                                    
                                                                                                                                
BARBARA  THURSTON  stated  that  she  was a  parent  of  a  child                                                               
attending the Juneau  Community Charter School and of  a child in                                                               
a  neighborhood school.   She  told the  committee that  there is                                                               
nothing magic  about the  enrollment limit of  150; in  fact, the                                                               
initial charter  school authorization  may have been  for schools                                                               
of  200.   However,  current  legislation  dictates that  when  a                                                               
charter school's enrollment drops from  150 to 149, it receives a                                                               
40 percent  funding drop  and cannot  keep its  doors open.   Ms.                                                               
Thurston pointed  out that  if the charter  school was  closed it                                                               
would cost  the district additional  money to house  the students                                                               
in other  schools at  a higher rate  per student.   Additionally,                                                               
every child  should be  funded at an  equal level,  regardless of                                                               
which school  they attend.   Ms. Thurston  said that  the funding                                                               
level  for the  Juneau Community  Charter  School is  at the  .84                                                               
level,  but not  because the  school receives  services from  the                                                               
district.  The  charter school pays a set amount  and is provided                                                               
with legal services and payroll.   She opined that other district                                                               
resources are  not used on this  school.  Ms. Thurston  closed by                                                               
saying that small charter schools deserve comparable funding.                                                                   
                                                                                                                                
4:10:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER commented  that  charter school  students                                                               
enjoy involved and motivated parents.                                                                                           
                                                                                                                                
CHAIR  WILSON  acknowledged  the  emotional  charge  behind  this                                                               
issue, based on the parent's involvement.                                                                                       
                                                                                                                                
4:11:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked Eddy Jeans  for an explanation of the                                                               
basis of the 150 student ADM minimum.                                                                                           
                                                                                                                                
MR. JEANS explained that the  minimum was not a recommendation by                                                               
EED.   SB 36 set the  minimum at 200 for  alternative and charter                                                               
schools.   He said that the  policy, set by the  legislature, was                                                               
amended  in 2000  to reduce  the minimum  for charter  schools to                                                               
150.                                                                                                                            
                                                                                                                                
4:12:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  further asked whether EED  would support a                                                               
reduction in the ADM.                                                                                                           
                                                                                                                                
MR. JEANS answered  that it would not take money  from one school                                                               
to another  to fund  a change  in the ADM,  but it  would require                                                               
more state support to fund the resulting larger entitlement.                                                                    
                                                                                                                                
4:13:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN remarked:                                                                                                 
                                                                                                                                
     But,  again, Eddy,  you  said if  the  state puts  more                                                                    
     money  in  a pot,  that  if  there's an  amount  that's                                                                    
     given, for  schools, you  know, there  is only  one pot                                                                    
     and if  you take  and lower  it the  money has  to come                                                                    
     from somewhere else.                                                                                                       
                                                                                                                                
MR. JEANS said:                                                                                                                 
                                                                                                                                
     ...  I've  been  administering the  foundation  program                                                                    
     since  1986,  there's  only  been  one  time  that  the                                                                    
     funding  formula was  underfunded intentionally  by the                                                                    
     legislature.  And  actually  it   wasn't  even  by  the                                                                    
     legislature, it  was by executive order  under Governor                                                                    
     Sheffield.   The  legislature has  always fully  funded                                                                    
     the  entitlements based  on  the statutory  calculation                                                                    
     for the  foundation program.   So,  if you  amend this,                                                                    
     down to 100, I would  anticipate that when we come back                                                                    
     and  do   our  budget  request  next   year,  that  the                                                                    
     legislature would fully fund that request...                                                                               
                                                                                                                                
REPRESENTATIVE NEUMAN said:                                                                                                     
                                                                                                                                
     Earlier you  said that  you would  support this  at the                                                                    
     150 level, ...  but you didn't think  you would support                                                                    
     it at the 100. ... Is that correct?                                                                                        
                                                                                                                                
MR. JEANS answered:                                                                                                             
                                                                                                                                
     That is correct.   ... We believe that  the 150 student                                                                    
     threshold  is a  good policy  decision to  make.   Most                                                                    
     elementary schools in the state  have over 250 students                                                                    
     in  them.    And  so,  you have  already  set  a  lower                                                                    
     benchmark  for  the  charter schools.  ...  We're  very                                                                    
     supportive  of  charter  schools, but  the  state  also                                                                    
     needs to  look at the efficiencies  of those operations                                                                    
     and  how  that plays  out  with  other schools  in  the                                                                    
     communities.                                                                                                               
                                                                                                                                
4:16:03 PM                                                                                                                    
                                                                                                                                
HARIETTE MILKS  informed the  committee that she  is a  parent at                                                               
the Juneau  Community Charter School.   She stressed  that school                                                               
enrollment is unpredictable, and a  drop in enrollment and in the                                                               
corresponding funding can be devastating  to a school.  Ms. Milks                                                               
said that  the Juneau Community  Charter School is  small because                                                               
it  cannot  secure  a  lease  for  a  larger  space  due  to  the                                                               
unpredictability  of  funding.    Additionally,  there  are  many                                                               
interactions  between  the  charter   school  and  the  community                                                               
schools.    She  concluded  by saying  that  the  charter  school                                                               
teachers  attend  the  in-services and  professional  development                                                               
training programs required of all public school teachers.                                                                       
                                                                                                                                
4:18:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked  for the grade level  of the students                                                               
at the Juneau Community Charter School.                                                                                         
                                                                                                                                
MS.  MILKS replied  that the  school  population is  kindergarten                                                               
through sixth grade and there  are three teachers.  She described                                                               
the classes.                                                                                                                    
                                                                                                                                
4:19:35 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
4:19:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  stated that the  parents make a  good case                                                               
for  small schools.   However,  with  strict budget  constraints,                                                               
increasing funding is difficult.                                                                                                
                                                                                                                                
REPRESENTATIVE NEUMAN, at  the request of the  sponsor, offered a                                                               
conceptual amendment to change HB 157, as follows                                                                               
                                                                                                                                
     Page 1, lines 5 and 8;                                                                                                     
          Delete "100"                                                                                                          
          Insert "150"                                                                                                          
                                                                                                                                
4:20:42 PM                                                                                                                    
                                                                                                                                
CHAIR   WILSON  announced   that,  hearing   no  objection,   the                                                               
conceptual amendment was adopted.                                                                                               
                                                                                                                                
4:20:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  asked whether  charter schools  pay an                                                               
administrative fee to the umbrella school district.                                                                             
                                                                                                                                
MR. JEANS  said yes.   He added that  there is a  statutory limit                                                               
that the  school district can  not charge more than  the indirect                                                               
rate for federal  programs.  Through the  charter school process,                                                               
unique  contracts  are  established with  each  school  district.                                                               
However, the statute states that  a charter school gets the state                                                               
funding that  it generates,  less the indirect  rate.   Mr. Jeans                                                               
noted  that school  districts and  charter schools  can negotiate                                                               
special education and special needs allotments.                                                                                 
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  then asked  what charter  schools have                                                               
access to, within the other community schools.                                                                                  
                                                                                                                                
MR. JEANS  explained that other  categories, besides  teacher in-                                                               
service  and   training,  would  include   normal  administrative                                                               
services such as, budgeting, payroll and computer services.                                                                     
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH further asked  whether there is another                                                               
reason, besides  the administrative services, for  the multiplier                                                               
to be different for charter schools.                                                                                            
                                                                                                                                
MR.  JEANS  explained  that the  multiplier  was  established  by                                                               
policy  decision under  SB 36.   Funding  the charter  school the                                                               
same as  the high school  is not  necessarily correct, but  it is                                                               
the  policy today.    Mr.  Jeans suggested  a  policy change  for                                                               
schools with  an ADM  of 75  to 150  students, that  would affect                                                               
four charter  schools in  the state.   However, he  stressed that                                                               
the legislature must make any changes to policy.                                                                                
                                                                                                                                
4:25:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked for clarification on  the funding of                                                               
charter schools.                                                                                                                
                                                                                                                                
MR.  JEANS explained  that the  funding is  the same  for charter                                                               
schools  and neighborhood  schools with  enrollments of  over 150                                                               
students.   However, smaller  charter schools  are funded  at the                                                               
level of  the largest school in  its district.  This  is a policy                                                               
decision  by the  legislature that  prevents  a proliferation  of                                                               
charter schools, with  enrollments of 45 students,  that would be                                                               
too costly to fund.                                                                                                             
                                                                                                                                
4:26:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON observed  that  the  Homer charter  school                                                               
exists within the community school building.  He then said:                                                                     
                                                                                                                                
     The  additional  services  that  are  provided  to  the                                                                    
     charter school  you know, whether  it's nurses  ... all                                                                    
     those  other things,  are you  saying that  those other                                                                    
     services above  the indirect cost  could be  charged to                                                                    
     the charter  school budget or  is the amount  that goes                                                                    
     to the charter  school strictly a pass  through and you                                                                    
     can  only take  out   ...   three and  one-half percent                                                                    
     indirect cost.                                                                                                             
                                                                                                                                
MR. JEANS said:                                                                                                                 
                                                                                                                                
     The statute  says that the district  shall allocate the                                                                    
     amount of  money generated by that  charter school less                                                                    
     the  indirect,   or  those  indirect   services,  which                                                                    
     typically  are  your   personnel,  payroll,  budgeting,                                                                    
     computing, those  types of services  that you  would do                                                                    
     on a district wide basis.   But the statute also allows                                                                    
     through  the contract  process, negotiations  for other                                                                    
     services.   ...  Over  the  years we've  had  a lot  of                                                                    
     problems with  the indirect rate.   What's  included in                                                                    
     that. ...  Some years, when districts  are feeling they                                                                    
     have the resources to support  the charter school, they                                                                    
     provide  all  kinds of  services  ...  When money  gets                                                                    
     tight, they  start backing off  on those  services. ...                                                                    
     So, what  I encourage charter schools  and districts to                                                                    
     do is be  very specific, [about] what  services you are                                                                    
     providing for that indirect cost.                                                                                          
                                                                                                                                
4:29:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN moved  to report  HB 157,  25-LS0556\C, as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying fiscal notes.                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER objected, and then removed her objection.                                                                
                                                                                                                                
4:29:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES commented  that charter  schools are  begun                                                               
for various  reasons; by parents, by  teachers, for philosophical                                                               
reasons,  for  language  immersion purposes,  or  for  scheduling                                                               
convenience.  He then said:                                                                                                     
                                                                                                                                
     So, we need to be very  clear that not all of them were                                                                    
     started with  the intent of having  great academics, or                                                                    
     academics greater that where  they were, but there were                                                                    
     other ulterior  motives.  ... That  doesn't necessarily                                                                    
     mean that the kids weren't being served well ...                                                                           
                                                                                                                                
4:31:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  stated  her  support  for  the  bill;                                                               
however,  the  state of  Alaska  is  facing challenges  with  oil                                                               
revenues on the decline.  She then remarked:                                                                                    
                                                                                                                                
     ...  speaking for  myself, there  are very  real issues                                                                    
     out there in  looking at how we are going  to fund many                                                                    
     of  the  programs  that  are  out  there,  as  well  as                                                                    
     ensuring a  quality education, which  I believe  is our                                                                    
     constitutional responsibility  as the state  of Alaska,                                                                    
     and  so, just  for  the record,  we  have not  received                                                                    
     revenue projections that show that  we have any kind of                                                                    
     new  dollars.   We  do  know that  we  have a  one-time                                                                    
     revenue stream that's coming in  excess, and that there                                                                    
     is conversation  about savings.  ...  I certainly don't                                                                    
     disregard any of the testimony  that we've heard today,                                                                    
     from smaller charter schools.   ... I'm very supportive                                                                    
     of looking at  charter schools and what they  do, but I                                                                    
     also  have  to  balance  what's going  forward  in  the                                                                    
     budget as  a whole and I  believe Representative Ramras                                                                    
     pointed  out that  when we  have two  co-chairs of  our                                                                    
     finance committee  saying that they're  supporting [the                                                                    
     ADM  of] 150  because that's  the policy  decision that                                                                    
     has economies, I listen to that.                                                                                           
                                                                                                                                
4:34:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER removed her objection.                                                                                   
                                                                                                                                
4:34:14 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  announced that, there  being no  further objection,                                                               
CSHB 157(HES)  was reported  out of  House Health,  Education and                                                               
Social    Services    Standing    Committee    with    individual                                                               
recommendations and the accompanying fiscal notes.                                                                              

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