Legislature(2007 - 2008)CAPITOL 106

01/22/2008 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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03:07:19 PM Start
03:08:17 PM HB273
05:05:46 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 273 EDUCATION FUNDING TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 273 - EDUCATION FUNDING                                                                                                    
                                                                                                                                
3:08:17 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the only order of  business would be                                                               
HOUSE BILL NO. 273, "An Act  relating to school funding, the base                                                               
student allocation,  district cost  factors, and  the adjustments                                                               
for   intensive    services   and   average    daily   membership                                                               
calculations; and providing for an effective date."                                                                             
                                                                                                                                
3:09:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE HAWKER,  Alaska State  Legislature, speaking                                                               
as the prime  sponsor, informed the committee that HB  273 is the                                                               
result of  much work  by many legislators  over the  past several                                                               
years.  School funding issues  have often faced an impasse during                                                               
the final budget process and  ultimately stop-gap agreements have                                                               
resulted in the  past several years.  He reviewed  the process by                                                               
which the  Joint Legislative Education Funding  Task Force, which                                                               
he chaired over the summer, came  into existence.  The task force                                                               
was charged  with evaluating proposals  based on  available facts                                                               
and conclusions  pertaining to school  district cost  factors and                                                               
the  foundation formula,  recommending improvements  or additions                                                               
to the  laws providing for  education funding, and  taking public                                                               
comments on  education funding and school  district cost factors.                                                               
He then  acknowledged the members  of the task force  and thanked                                                               
them for their participation.   Representative Hawker related his                                                               
belief that the  task force developed a proposal  that provides a                                                               
foundation to  stabilize school  funding in  the state  and allow                                                               
the focus to turn to achieving academic excellence.                                                                             
                                                                                                                                
3:14:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER   explained  that  HB  273   includes  the                                                               
increased funding components  recommended by the task  force.  He                                                               
characterized  HB  273  as  the   core  funding  legislation  for                                                               
education.   He  then noted  that  the proposals  the task  force                                                               
brought forward  in legislation were  approved by a  consensus of                                                               
the task  force.  He  mentioned that some  of the members  of the                                                               
task  force dissented  with  the conclusions  and  the record  of                                                               
dissent is included in the report  the task force provided to the                                                               
legislature.                                                                                                                    
                                                                                                                                
3:18:24 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  commended Representative Hawker on  the process the                                                               
task force followed and the progress that was made.                                                                             
                                                                                                                                
3:19:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  reiterated that the  legislation requested                                                               
by the task force is the  result of a collaborative effort, which                                                               
included  a  great deal  of  public  process.   This  legislation                                                               
addresses the  major funding component recommendations  that came                                                               
out of the  task force process.   Representative Hawker explained                                                               
that HB  273 is a three-year  plan that includes a  $100 increase                                                               
in the  base student  allocation each  year.   He noted  that the                                                               
task  force's  report  recommended  a minimum  increase  of  $100                                                               
annually.     Historically,   increases  in   the  base   student                                                               
allocation has  been the only  new money coming into  the state's                                                               
schools.   At this time,  school districts have  experienced very                                                               
significant inflation  in the cost  of their  retirement systems.                                                               
Therefore, a great  deal of the funds the legislature  has put in                                                               
the base student allocation has  went to paying the unfunded past                                                               
service  liability   of  the  retirement   systems.     With  the                                                               
aforementioned   in  mind,   the  task   force's  proposals   are                                                               
predicated  on the  passage of  SB 25,  which involves  the state                                                               
taking  direct responsibility  for  a material  portion of  those                                                               
retirement liabilities, he  explained.  If SB 25  fails, the $100                                                               
increase in the base student allocation is sufficient.                                                                          
                                                                                                                                
3:23:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  then turned  the committee's  attention to                                                               
the  district  cost  factors and  the  intensive  needs  students                                                               
factors  provisions in  HB 273.   The  district cost  factors are                                                               
those factors in  the school funding formula  that recognize that                                                               
it costs more  money to do business in certain  communities.  The                                                               
district cost factors  have been a concern since  the adoption of                                                               
the current  school funding formula  in 1998.  The  district cost                                                               
factor   has  never   been  resolved   satisfactorily  to   those                                                               
communities  most  impacted.     This  legislation  proposes  the                                                               
adoption and phasing  in of the Institute of  Social and Economic                                                               
Research (ISER)  cost factors.   He  acknowledged that  there are                                                               
concerns with regard to the  methodology of the ISER cost factors                                                               
and  that the  numbers  are  somewhat dated,  but  it's the  best                                                               
information available  at this time.   The district  cost factors                                                               
are a huge issue for the rural school districts,  he noted.                                                                     
                                                                                                                                
3:26:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  moved on  to the intensive  needs students                                                               
funding, which  is a huge  issue for the urban  school districts.                                                               
During the  hearings of  the task force  it became  apparent that                                                               
the  current funding  of those  needs has  fallen behind  what it                                                               
costs to  provide them.  In  the past, a base  multiplier of five                                                               
times the  base student allocation  for a qualifying  student was                                                               
used.   The  task  force reached  a proposal  by  which it  would                                                               
progressively increase that multiplier  such that it increased to                                                               
9  times,  then 11  times,  and  ultimately  to  13 times.    The                                                               
aforementioned  would  reach a  more  appropriate  level for  the                                                               
current environment of the schools.                                                                                             
                                                                                                                                
3:28:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER addressed the last  factor of HB 273, which                                                               
he  characterized  as a  protective  measure.   He  informed  the                                                               
committee   that  Alaska   uses  an   enrollment  based   system.                                                               
Therefore,  if there's  suddenly  a decline  in enrollment,  it's                                                               
funding is abruptly  cut via the formula.  "Schools  are parts of                                                               
our  community  that  don't  really  change  as  abruptly  as  an                                                               
external  factor causing  an enrollment  shift  might imply,"  he                                                               
remarked.   For  example, the  closure of  a military  base might                                                               
substantially  reduce   a  school's  population.     To  suddenly                                                               
truncate funding is  a huge and inappropriate  disruption in that                                                               
school  as  it  compromises  the quality  of  education  in  that                                                               
community.   The  aforementioned has  been on  the Department  of                                                               
Education  and Early  Development's  plate for  some  time.   The                                                               
department  had a  proposal, which  the committee  adopted.   The                                                               
language, as  included in HB  273, would provide for  a step-down                                                               
in funding in the case of abrupt student enrollment changes.                                                                    
                                                                                                                                
3:29:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER opined that  blending those four components                                                               
is  the  crux  of  the  increased  financial  aid,  support,  and                                                               
commitment to  Alaska's schools statewide.   He acknowledged that                                                               
HB 273 isn't a perfect solution  and there could be arguments for                                                               
other implementations.   However,  he highlighted  that it  was a                                                               
very  thorough,  thoughtful,  and well-received  public  process.                                                               
Therefore, he  opined that the  consensus the task  force reached                                                               
is  a  consensus that  can  be  accepted  by the  state's  school                                                               
system.  He  concluded by reminding the committee that  HB 273 is                                                               
part of a package that  includes two other pieces of legislation,                                                               
one of  which proposes  a continual  revaluation of  the district                                                               
cost  factors and  the  other proposes  to  establish a  standing                                                               
committee on education in both bodies.                                                                                          
                                                                                                                                
3:32:07 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON summarized the four provisions of HB 273.                                                                          
                                                                                                                                
3:32:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER opined that the  process of the task force                                                               
was fairly  flawless and the results  of that process show  a lot                                                               
of  promise.     Therefore,  she   related  that  she   would  be                                                               
disinclined  to  support  any  significant  changes.    She  then                                                               
inquired as to  why, with regard to the  average daily membership                                                               
(ADM), there's a count date  for most students, but an enrollment                                                               
date for special needs children.                                                                                                
                                                                                                                                
REPRESENTATIVE HAWKER  related that  there's a  fixed measurement                                                               
date when each school's population  is determined and after which                                                               
the  school's  funding  isn't  changed   due  to  any  population                                                               
changes.  Although some would  argue that the aforementioned is a                                                               
fallacy in  the system,  the department would  argue that  it's a                                                               
matter  of  practicality  that  some of  these  fixed  dates  are                                                               
adopted.  Likewise,  the funding for special needs  students is a                                                               
fixed measurement and  doesn't follow the student  if he/she were                                                               
to move  to another  district.   This is a  matter for  which the                                                               
task force didn't find a solution.                                                                                              
                                                                                                                                
3:35:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked if  there  is  any knowledge  with                                                               
regard to whether  students are coming from  smaller districts to                                                               
larger districts  or vice versa.   "Who's mostly impacted  by the                                                               
fact that the funding doesn't follow the kid," she asked.                                                                       
                                                                                                                                
REPRESENTATIVE   HAWKER,    recalling   public    testimony   and                                                               
departmental  testimony, related  his understanding  that if  any                                                               
trend was  identified it was  that this issue was  predominant in                                                               
the Fairbanks,  Anchorage, and Juneau  school districts  as these                                                               
areas  have   the  medical  and  support   facilities  for  these                                                               
students.  The  testimony related that specific  instances can be                                                               
identified,  however  none  of the  school  districts  testifying                                                               
identified it as a priority concern.                                                                                            
                                                                                                                                
3:37:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  speaking as a  member of the  task force,                                                               
recalled that  there was testimony that  although the predominant                                                               
trend  is that  over time  more [intensive  needs students]  move                                                               
from [smaller  school districts to  larger school  districts], in                                                               
any  year  they may  move  back  to [smaller  school  districts].                                                               
Therefore,  it's  not  something  that  could  be  identified  as                                                               
something one district experienced but another did not.                                                                         
                                                                                                                                
REPRESENTATIVE HAWKER  clarified that this  is not just  an urban                                                               
issue.   In fact, the impact  of a special needs  student is more                                                               
profound in  a smaller school  district.  He emphasized  that the                                                               
funding for  [intensive needs students] doesn't  just benefit the                                                               
larger  school   districts,  because   it's  truly   "a  material                                                               
component of school funding across the state."                                                                                  
                                                                                                                                
3:39:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  inquired  as  to  the  definition  of  an                                                               
intensive needs student and the average cost for such a student.                                                                
                                                                                                                                
REPRESENTATIVE HAWKER related that  the most thorough information                                                               
regarding the average  cost of intensive needs  students was from                                                               
the  Kenai Peninsula  Borough School  District and  the Anchorage                                                               
School District.   He  recalled that the  average cost  was about                                                               
$70,000-$80,000.   However,  some  intensive  needs students  may                                                               
cost as much  as $250,000 and skew the average  cost.  The school                                                               
districts  related that  they wanted  a multiplier  of 15-17,  he                                                               
related.                                                                                                                        
                                                                                                                                
3:42:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  reminded the  committee that  the governor                                                               
has stated  that forward  funding of  education will  provide the                                                               
opportunity for innovation and improvement  of the outcome of the                                                               
state's education system.  He  then requested that Representative                                                               
Hawker  explain  explicitly  how  [what's  proposed  in  HB  273]                                                               
addresses the aforementioned.   He asked if the  task force heard                                                               
from  alternative schools  such  as charter  schools because  the                                                               
legislation    doesn't   address    the   funding    related   to                                                               
correspondence programs or charter schools.                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER, regarding the  structure of the budget for                                                               
this  year  and  future  years,   said  that's  in  its  genesis.                                                               
Although the  governor has proposed  a funding structure  that is                                                               
somewhat   divergent  from   the  course   the  legislature   has                                                               
undertaken in  past years,  that's "being  worked out,"  he said.                                                               
He speculated  that ultimately, the legislature  will continue to                                                               
utilize  the   education  fund  and  continue   to  forward  fund                                                               
education.   Forward funding will  continue to be a  priority, he                                                               
emphasized.  However,  the exact mechanism and  structure will be                                                               
worked out  as the  budget process proceeds.   Although  the task                                                               
force  did  hear testimony  regarding  charter  schools and  home                                                               
schooling, the task  force decided not to  include increments for                                                               
small   charter  schools.      The  task   force  commended   the                                                               
aforementioned to  the proposed  standing committee  of education                                                               
to take up as a separate issue.                                                                                                 
                                                                                                                                
3:46:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  pointed out that  one of the  elements of                                                               
education funding is local contributions.   She relayed that some                                                               
communities   don't   provide   local  cash   contributions   for                                                               
education.     She  asked  if   the  task  force   addressed  the                                                               
aforementioned.                                                                                                                 
                                                                                                                                
REPRESENTATIVE HAWKER confirmed that  those issues were broached.                                                               
He noted his own concern with  regard to the lack of some element                                                               
of local contribution and ownership  in the community school.  He                                                               
then acknowledged the  concerns of those in  the hinterlands with                                                               
regard  to the  mill rate,  which  may be  viewed as  benefitting                                                               
larger  communities with  an  increasing  property tax  valuation                                                               
base.   As  the chair  of the  task force,  Representative Hawker                                                               
related his  belief that if the  task force "were to  go very far                                                               
on either one of those ...  we would've gotten into a policy call                                                               
so difficult that we would not  have been able to reach consensus                                                               
on  those items,"  he opined.   Therefore,  the committee  didn't                                                               
make recommendations on those matters  other than to commend them                                                               
to the proposed standing committee on education.                                                                                
                                                                                                                                
REPRESENTATIVE ROSES confirmed  Representative Hawker's statement                                                               
and related  that the task force  took those items that  had been                                                               
single-source   funded   through   other  mechanisms   with   the                                                               
understanding that they  needed to be worked on further.   No one                                                               
on  the task  force  wanted to  totally  ignore charter  schools,                                                               
correspondence schools,  or the  local contribution.   Therefore,                                                               
the  proposal  to  create  a   standing  committee  on  education                                                               
resulted  in order  to have  discussion regarding  how to  really                                                               
implement  changes in  education.   In  response  to how  forward                                                               
funding will improve education,  Representative Roses opined that                                                               
taking the  money issues off  the table allows  [the legislature]                                                               
to  concentrate on  the substantive  issues of  how to  do things                                                               
differently or better to improve student outcome.                                                                               
                                                                                                                                
3:50:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  interjected that another reason  why those                                                               
matters  weren't  addressed  by  the task  force  was  that  they                                                               
require a  lot of data and  analysis.  He then  related that he's                                                               
been  asked and  would like  an answer  as to  how the  step-down                                                               
provision applies to small schools that drop below 10 students.                                                                 
                                                                                                                                
REPRESENTATIVE  HAWKER deferred  to Department  of Education  and                                                               
Early Development (EED).                                                                                                        
                                                                                                                                
3:52:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  expressed his difficulty  in understanding                                                               
how  the financial  recommendations  improve the  outcome of  the                                                               
educational process.   Representative  Keller said  that although                                                               
he  is supportive  of the  funding and  education of  the state's                                                               
children, he  said he would  like for  the forward funding  to be                                                               
tied to incentives that get students excited about school.                                                                      
                                                                                                                                
3:54:16 PM                                                                                                                    
                                                                                                                                
EDDY JEANS,  Director, School Finance and  Facilities, Department                                                               
of Education and Early  Development (EED), thanked Representative                                                               
Hawker for  his leadership with  the Joint  Legislative Education                                                               
Funding  Task Force.   In  response  to Chair  Wilson, Mr.  Jeans                                                               
related that the definition of  an intensive needs student is set                                                               
in regulation  and specifies  that a  student must  receive seven                                                               
criteria  of services  in order  to qualify  for intensive  needs                                                               
funding.   The criteria  are as  follows:   1) receipt  of direct                                                               
daily instruction from a certified  special education teacher; 2)                                                               
require  multiple services,  including related  services such  as                                                               
speech services; 3) all services  are not required to be provided                                                               
by  a  special education  teacher,  but  must be  supervised;  4)                                                               
receipt of  continuous special education programming;  5) require                                                               
assistance  in two  or  more basic  self-help,  daily living,  or                                                               
adaptive skills; 6) assigned a  special education aide to provide                                                               
individual care  and services throughout  the school day;  and 7)                                                               
require   transportation  services.     Mr.   Jeans  noted   that                                                               
originally the  requirement for an  aide was one  aide, full-time                                                               
all  day.   However, the  State Board  of Education  relaxed that                                                               
regulation  such  that in  situations  in  which a  district  can                                                               
demonstrate that  it can provide  the required services,  an aide                                                               
can have  up to three  children under his/her supervision  at one                                                               
time.   He opined that  the aforementioned needs to  be revisited                                                               
by the  department, especially in  light of the level  of funding                                                               
being considered.   The average  annual salary of these  aides is                                                               
about $40,000.   At the $80,000 funding level  that leaves almost                                                               
$40,000  that  could  be  used   for  equipment  and  specialized                                                               
services.                                                                                                                       
                                                                                                                                
3:57:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked, "Are you saying  that if currently                                                               
one  aide is  deemed  acceptable for  three  special needs  kids,                                                               
because we're putting  more money in we'll require  each child to                                                               
have their own aide?"                                                                                                           
                                                                                                                                
MR. JEANS  confirmed that has  been the standard until  this past                                                               
year.   "It  was because  of the  level of  funding being  at the                                                               
$26,000 level that  districts were saying, 'Look,  you don't even                                                               
pay for a full-time aide, but that's the requirement.'"                                                                         
                                                                                                                                
3:58:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked if there  are any adverse impacts on                                                               
the students  who once had  one aide who  now share an  aide with                                                               
two other students.                                                                                                             
                                                                                                                                
MR. JEANS  replied, "Not  yet."  He  then reminded  the committee                                                               
that  these  are  severely multi-handicapped,  medically  fragile                                                               
children.   He indicated the  difficulty in a situation  in which                                                               
there's a  fire and  the aide  has to choose  which of  the three                                                               
children  to  move  out  of   the  building  first.    Mr.  Jeans                                                               
highlighted  that  there  are 1,800  [intensive  needs]  students                                                               
statewide and they deserve one-on-one attention.                                                                                
                                                                                                                                
3:59:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES,  recalling  his  time  as  a  high  school                                                               
teacher,  assured the  committee  that during  a  fire alarm  the                                                               
intensive  needs students  were  taken  care of  very  well.   He                                                               
informed  the  committee  that  his  job  was  to  be  the  first                                                               
responder to  help with the  intensive needs students.   Fourteen                                                               
adults would be  helping with the seven  intensive needs students                                                               
within  thirty seconds,  he related.   Therefore,  Representative                                                               
Roses  said  he  didn't  believe the  concern  regarding  a  fire                                                               
situation is  valid.  He said  that he felt that  the increase in                                                               
funding shouldn't  automatically go toward increasing  the number                                                               
of aides, but rather there should be study on the matter.                                                                       
                                                                                                                                
CHAIR WILSON and REPRESENTATIVE GARDNER noted their agreement.                                                                  
                                                                                                                                
4:00:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  inquired as  to  how  many of  the  1,800                                                               
intensive needs students  would qualify for federal  funding.  He                                                               
questioned  whether  the funding  for  these  students should  be                                                               
education funding.   He then  asked if there's  funding available                                                               
through other avenues.                                                                                                          
                                                                                                                                
MR.  JEANS related  his understanding  that  for certain  service                                                               
providers,  school  districts  can  bill  directly  to  Medicaid.                                                               
However,   he   noted  that   not   all   school  districts   are                                                               
participating in that program.                                                                                                  
                                                                                                                                
REPRESENTATIVE  KELLER  remarked   that  perhaps  increasing  the                                                               
educational  funding   may  remove   the  incentive   for  school                                                               
districts to seek alternative funding.                                                                                          
                                                                                                                                
REPRESENTATIVE  HAWKER informed  the committee  that the  federal                                                               
government  is  in  a  significant  push  back  of  all  Medicaid                                                               
refinancing  efforts.   In  fact,  in this  year  the budget  for                                                               
Department of  Health and Social  Services (DHSS)  includes about                                                               
$130 million worth of Medicaid refinancing push backs.                                                                          
                                                                                                                                
4:04:36 PM                                                                                                                    
                                                                                                                                
MR. JEANS  noted that DHSS has  provided two fiscal notes  for HB
273, one  of which is  for the  foundation program and  the other                                                               
for  the military  youth  academy.   In  further  response to  an                                                               
earlier  question, Mr.  Jeans clarified  that the  ADM count  for                                                               
intensive  needs students  is performed  on the  last day  of the                                                               
[ADM]  count  period  in  order   to  allow  the  development  of                                                               
students' individual  education plans  (IEPs) and to  ensure that                                                               
they meet the seven criteria to  qualify for funding.  In further                                                               
response, Mr.  Jeans clarified  that the  base student  count and                                                               
the intensive  needs student  count is  based on  enrollment, not                                                               
attendance.   The  base count  is a  20-day count  that ends  the                                                               
fourth  Friday  in October  and  is  based  on enrollment.    The                                                               
intensive needs  count, he reiterated,  is performed on  the last                                                               
day of the count period and is based on enrollment.                                                                             
                                                                                                                                
4:06:36 PM                                                                                                                    
                                                                                                                                
PEGGY TUTTLE,  Member, Kodiak Island Borough  School Board, began                                                               
by thanking  the Joint Legislative  Education Funding  Task Force                                                               
for the time it spent working  on these issues and expressing her                                                               
appreciation  for  this  legislation.    However,  she  expressed                                                               
concern for  the five-year district  cost factor timeline  as the                                                               
timelines  for other  needs are  on a  three-year timeline.   The                                                               
district cost factors  really impact Kodiak in terms  of the high                                                               
cost of  fuel, electricity, and  transportation.  With  regard to                                                               
transportation, there will be  increased costs for transportation                                                               
for  sports  teams  due  to   the  reduction  in  ferry  service.                                                               
Furthermore,  the Kodiak  Island  Borough School  District has  a                                                               
$700,000 deficit for  extra expenses this year due  to the higher                                                               
cost of fuel.   In fact, fuel had to be  flown into Karluk, which                                                               
increased the  cost by $3.00 a  gallon merely to get  the fuel to                                                               
the location.  The aforementioned  resulted in the fuel to Karluk                                                               
costing over $6.00 per gallon.                                                                                                  
                                                                                                                                
4:08:47 PM                                                                                                                    
                                                                                                                                
DAVE  JONES, Assistant  Superintendent,  Kenai Peninsula  Borough                                                               
School  District,  began  by  thanking   the  committee  for  its                                                               
increased support for  education over the last few  years as they                                                               
have allowed the district to  maintain levels of service in spite                                                               
of inflationary  costs while providing some  additional services.                                                               
The aforementioned has resulted  in substantial increased student                                                               
achievement in the district.   He also recognized the significant                                                               
amount  of  time  and  effort  spent  by  the  Joint  Legislative                                                               
Education Funding  Task Force  and its staff.   The  task force's                                                               
recommendations  will  well  serve  the students  of  Alaska,  he                                                               
opined.   Mr.  Jones  related that  the  Kenai Peninsula  Borough                                                               
School   District  fully   supports   the  declining   enrollment                                                               
protection and the intensive  needs students increments specified                                                               
in HB 273.   Under HB 273,  the trend of money  being pulled from                                                               
general student  funding to cover  the costs for  intensive needs                                                               
students will  no longer occur,  and therefore  general education                                                               
funding will remain in that  area to help increase the assessment                                                               
results of  the general  students.   The Kenai  Peninsula Borough                                                               
School District also supports the  implementation of the district                                                               
cost  factor  recommendations.    Although  the  Kenai  Peninsula                                                               
Borough School  District would like  for it to occur  faster than                                                               
five years, it  will accept the proposed timeline, he  said.  The                                                               
base student allocation  increases over three years  will help to                                                               
make long-term innovative  plans in the districts.   Although Mr.                                                               
Jones  related   appreciation  of   the  governor   adopting  the                                                               
recommendations of  the Joint Legislative Education  Funding Task                                                               
Force  as  well as  the  $100  increase,  which was  the  minimum                                                               
suggested.                                                                                                                      
                                                                                                                                
MR.  JONES  commented  that there  are  two  recommendations  not                                                               
included in  HB 273  that shouldn't be  forgotten.   As mentioned                                                               
earlier by  Representative Hawker,  this legislation is  based on                                                               
the  assumption that  SB 125  will pass  in a  form substantially                                                               
similar to  the version in  existence at adjournment of  the last                                                               
session.    Without  the  protection   and  funding  of  SB  125,                                                               
districts across the  state won't be able to  fund the retirement                                                               
costs.  The  second recommendation not included in HB  273 is for                                                               
EED  to  recalibrate  pupil  transportation  funding  levels  for                                                               
fiscal year 2009  utilizing the most recent  actual audited costs                                                               
for the school districts.   He related his understanding that EED                                                               
has those numbers.                                                                                                              
                                                                                                                                
4:15:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES,  regarding the  comments in support  of the                                                               
area cost differential being implemented  faster, related that at                                                               
the  onset  of  the  task   force's  meetings  there  was  almost                                                               
unanimous  agreement  to implement  50  percent.   There  was  no                                                               
conversation  regarding  100  percent.     The  task  force  also                                                               
discussed a 9 or 11 multiplier  for intensive needs students.  As                                                               
more  school  districts  testified,  the  task  force  began  the                                                               
process of discussing  how it would implement 100  percent of the                                                               
area  cost   differential  while  realizing  that   a  number  of                                                               
committee  members  weren't pleased  with  the  data being  used.                                                               
Therefore,  the decision  was  to implement  the  50 percent  and                                                               
phase-in the  remainder over a  three- to five-year period.   The                                                               
aforementioned  would  allow   the  proposed  education  standing                                                               
committee  to  establish a  Blue  Ribbon  task force  to  develop                                                               
better studies and numbers.  As  a result, the task force decided                                                               
to  move down  from  an intensive  needs multiplier  of  11 to  a                                                               
multiplier  of 9  and phase  it in  over a  three-year period  as                                                               
well.                                                                                                                           
                                                                                                                                
4:17:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  turned to  the recalibration of  the pupil                                                               
transportation  rates,  which is  included  in  the task  force's                                                               
recommendations.    That  recommendation  required  EED  to  sort                                                               
through audits  and finalize specific  numbers.  He  related that                                                               
his  office has  just been  provided those  numbers.   He further                                                               
related  that he  fully intends  to  incorporate that  additional                                                               
spending prior to HB 273 reaching the House floor.                                                                              
                                                                                                                                
4:18:25 PM                                                                                                                    
                                                                                                                                
KIKI ABRAHAMSON,  Teacher, Fireweed  Academy, began  relating she                                                               
was pleasantly impressed with the  quality and ease of the entire                                                               
process of  the task force.   Ms. Abrahamson opined that  some of                                                               
the  problems discussed  [in  the task  force]  are magnified  in                                                               
small  underfunded  charter  schools.    Although  she  said  she                                                               
understood  the reasons  to commend  the  charter school  funding                                                               
issues  to   the  proposed  education  standing   committee,  she                                                               
emphasized  the  need  to  not   forget  charter  schools.    Ms.                                                               
Abrahamson said  that she's  an advocate for  HB 273,  and opined                                                               
that  funding all  students with  an  increased base  allocation,                                                               
providing the districts with more  reasonable funds for intensive                                                               
needs, and adjusting district cost factors  is a huge step in the                                                               
right direction for all of Alaska's students.                                                                                   
                                                                                                                                
4:20:57 PM                                                                                                                    
                                                                                                                                
WOODY  WILSON,  Superintendent,  Wrangell  Public  Schools,  also                                                               
thanked the  task force for  its hard  work.  Mr.  Wilson praised                                                               
the declining enrollment aspect of HB  273.  Had this aspect been                                                               
in  place a  few  years ago  when he  was  the superintendent  in                                                               
Haines, [the Haines School District]  probably wouldn't have been                                                               
sued by  the union.   Further, the intensive needs  students, and                                                               
district cost factors  are crucial aspects of  the legislation as                                                               
well.   He  noted  that the  area cost  differential  has been  a                                                               
significant issue for Wrangell as it  has been funded at the same                                                               
rate as Anchorage  for a number of years, although  it costs more                                                               
money  to run  schools in  Wrangell than  Anchorage.   Mr. Wilson                                                               
then  expressed  concern  with   fully  funding  intensive  needs                                                               
students in 2011 while the  cost study won't be completely funded                                                               
until 2013.   He expressed the  need to have an  increase [in the                                                               
cost factors]  this year, particularly  because of  energy costs.                                                               
Funding the base  student allocation in advance will  make a huge                                                               
difference  in  the  operation  of  each  school  and  provide  a                                                               
stabilizing effect,  he opined.   He then informed  the committee                                                               
that  $30,000-$40,000 a  year has  to be  taken out  of classroom                                                               
instructional funds  to pay for transportation,  and therefore he                                                               
said  he  was  pleased  that the  transportation  costs  will  be                                                               
reviewed.   Mr. Wilson concluded  by relating his support  for HB
273.                                                                                                                            
                                                                                                                                
4:25:55 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON noted,  for  the  record, that  Mr.  Wilson is  her                                                               
husband.                                                                                                                        
                                                                                                                                
4:26:13 PM                                                                                                                    
                                                                                                                                
BETTY  ODELL,  President,  Kodiak Island  Borough  School  Board,                                                               
thanked  everyone  for  their  work   to  analyze  and  stabilize                                                               
education funding.   Ms. Odell  informed the committee  that this                                                               
is her  sixth year on the  school board and every  year there's a                                                               
$2 million  increase in the budget  due to increases in  the cost                                                               
of  health insurance,  salary, and  fuel.   In fact,  the [Kodiak                                                               
Island  Borough School  District] is  looking at  a deficit  this                                                               
year.  She related that  [the Kodiak Island Borough School Board]                                                               
is in  favor of HB  273 and is counting  on the $200  increase to                                                               
the base student allocation, as proposed by the governor.                                                                       
                                                                                                                                
4:28:12 PM                                                                                                                    
                                                                                                                                
LARRY  LEDOUX,  Superintendant,   Kodiak  Island  Borough  School                                                               
District, stated  that one of  the most important aspects  of the                                                               
passage of HB  273 is the ability to  perform effective planning,                                                               
which will  help focus attention on  every child.  He  also noted                                                               
his  support  of the  increase  in  funding for  intensive  needs                                                               
students.  This  will allow the focus  to be on the  needs of the                                                               
individual  child rather  than the  cost to  educate that  child.                                                               
Mr. LeDoux opined  that under the school  district's mission, his                                                               
responsibility  is to  ensure that  every  child reaches  his/her                                                               
full  potential.   He  then  noted that  he  shares the  concerns                                                               
outlined by Mr. Jones and Mr.  Wilson.  He informed the committee                                                               
that this year  alone, the Kodiak Island  Borough School District                                                               
has  a transportation  deficit of  $242,000.   Although it's  not                                                               
included in  HB 273, Mr.  LeDoux expressed concern with  the hold                                                               
harmless for  small schools.   The  Kodiak Island  Borough School                                                               
District had  four schools with enrollment  [fluctuating] from 10                                                               
to 14 students during the  ADM count, which meant considering the                                                               
possibility  of closing  these schools.   Mr.  LeDoux highlighted                                                               
that despite  these increases,  severe financial  shortfalls will                                                               
still  be  experienced   as  he  estimated  that   the  fuel  and                                                               
electricity  increases  alone  will  total  over  $700,000.    He                                                               
concluded by expressing the hope  that the committee will do what                                                               
it  can to  move closer  to full  funding of  cost differentials,                                                               
intensive needs students, and other areas in HB 273.                                                                            
                                                                                                                                
4:32:14 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked if any  of the  schools in the  Kodiak Island                                                               
Borough School District had to close.                                                                                           
                                                                                                                                
MR.  LEDOUX replied  no, but  added that  next year  the district                                                               
does plan on  closing two schools.  He noted  that the facilities                                                               
of the closed schools will still  have to be maintained [in order                                                               
to be  prepared in  the case of  reopening], although  no funding                                                               
will be received for that.                                                                                                      
                                                                                                                                
4:32:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether  Mr.  LeDoux supports  the                                                               
state having  a minimum  school size.   If so,  she asked  if Mr.                                                               
LeDoux has any  recommendations as to a mechanism  for making the                                                               
determination that  a school  should be  closed due  to declining                                                               
numbers.                                                                                                                        
                                                                                                                                
MR.  LEDOUX said  that practically  speaking  there has  to be  a                                                               
minimum  school  size and  10  "is  as  good  a number  as  any."                                                               
However,  there  needs to  be  a  mechanism  for the  process  of                                                               
enrollment moving below  10.  The mechanism needs  to be flexible                                                               
enough to  address the needs  of the children.   He said  that he                                                               
doesn't  know what  that mechanism  is, although  he supported  a                                                               
phase-in of  the closure of a  school in order to  avoid shocking                                                               
the community.                                                                                                                  
                                                                                                                                
4:33:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON inquired as to  the increase in health care                                                               
costs for the Kodiak Island Borough School District.                                                                            
                                                                                                                                
MR. LEDOUX  specified that this  year the district's  health care                                                               
costs will  increase 21  percent and  the estimated  increase for                                                               
next year is between 9 and 15  percent.  These are costs that the                                                               
district can't control as the district is self-insured.                                                                         
                                                                                                                                
4:34:28 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  inquired as to  what Mr. LeDoux  specifically means                                                               
when he refers to "health insurance."                                                                                           
                                                                                                                                
4:34:51 PM                                                                                                                    
                                                                                                                                
MR.  LEDOUX  specified  that he's  referring  to  the  district's                                                               
employee health  plans, which  increase every  year and  place an                                                               
incredible  strain  on  the  district's budget.    In  fact,  the                                                               
district's  fuel  and  electricity  increases,  estimated  health                                                               
increases,  and  step and  column  increases  for classified  and                                                               
certified staff total over $2  million.  Therefore, the challenge                                                               
before the  district is to  get every dollar  it can to  meet the                                                               
needs of individual children.                                                                                                   
                                                                                                                                
4:35:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES remarked  that  although  the increases  in                                                               
medical costs can't be controlled,  the way in which the district                                                               
handles  these increases  are.   He  highlighted  that there  are                                                               
other options that can be explored.                                                                                             
                                                                                                                                
4:36:30 PM                                                                                                                    
                                                                                                                                
STEWART   MCDONALD,  Assistant   Superintendant,  Kodiak   Island                                                               
Borough School  District, emphasized that if  the recommendations                                                               
[of the Joint Legislative Education  Funding Task Force] don't go                                                               
through,  the  Kodiak Island  Borough  School  District would  be                                                               
facing an  immense crisis.   He expressed particular  support for                                                               
the $200  increase in  the governor's proposal.   With  regard to                                                               
the  increase  for the  intensive  needs  students, Mr.  McDonald                                                               
pointed out  that the  costs to  provide the  services to  such a                                                               
student in  a small school are  even higher than if  that student                                                               
attended an urban  school.  Mr. McDonald relayed  that the public                                                               
is really excited  about the potential funding  increases and the                                                               
possibilities  it  offers.   Therefore,  the  district  has  been                                                               
engaged in much planning.                                                                                                       
                                                                                                                                
4:40:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  stated  that although  she  plans  on                                                               
supporting HB  273, she cautioned  those who have  testified that                                                               
they are  counting on the  governor's budget as that's  a gamble.                                                               
She  expressed the  hope that  folks are  being prudent  in their                                                               
planning processes.                                                                                                             
                                                                                                                                
4:41:07 PM                                                                                                                    
                                                                                                                                
LUKE  FULP, Director  of Finance,  Kodiak  Island Borough  School                                                               
District, thanked  the Joint  Legislative Education  Funding Task                                                               
Force  for taking  the time  to address  school districts'  needs                                                               
throughout the state  and creating legislation that  moves in the                                                               
right direction.                                                                                                                
                                                                                                                                
4:41:32 PM                                                                                                                    
                                                                                                                                
JOHN ALCANTRA, Director,  Government Relations, NEA-Alaska, began                                                               
by informing the committee that  he represents 12,500 plus public                                                               
school employee  members of  NEA-Alaska.   He then  applauded the                                                               
efforts of the Joint Legislative  Education Task Force and echoed                                                               
Ms. Abrahamson's  comments regarding the  task force.   He opined                                                               
that  for  the  intensive  needs  student  funding  to  begin  to                                                               
approach the  actual cost is  a great step.   With regard  to the                                                               
base student  allocation, Mr. Alcantra highlighted  that the $100                                                               
increase to  a $5,380  base falls  short.   Therefore, NEA-Alaska                                                               
will work to increase the base student allocation, he related.                                                                  
                                                                                                                                
4:45:35 PM                                                                                                                    
                                                                                                                                
MARY  FRANCIS,  Executive  Director,  Alaska  Council  of  School                                                               
Administrators (ACSA), related that she  is speaking on behalf of                                                               
all the school principals,  superintendents, and finance officers                                                               
in  the state.    She  noted that  the  committee  should have  a                                                               
resolution from  ACSA in support  of the  recommendations brought                                                               
forth  by  the  Joint  Legislative Education  Task  Force.    She                                                               
commended Representative Hawker and the  task force for its work.                                                               
Ms.  Francis  related that  ACSA  supports  a $200  base  student                                                               
allocation  as  well  as  a   three-year  implementation  of  the                                                               
district  cost  factors.    At   a  minimum,  ACSA  supports  the                                                               
recommendations of the  task force moving forward  and would hope                                                               
that  the  work  of  the task  force  isn't  second-guessed,  she                                                               
stated.  Ms. Francis concluded by stating support for HB 273.                                                                   
                                                                                                                                
4:48:28 PM                                                                                                                    
                                                                                                                                
CARL  ROSE,  Executive  Director, Alaska  Association  of  School                                                               
Boards  (AASB),  testified  in  support  of HB  273.    Mr.  Rose                                                               
highlighted that  the committee has the  opportunity to implement                                                               
some changes to  Senate Bill 36.  He, too,  commented on the task                                                               
force process and  how it was able  to obtain a full  view of the                                                               
impact of  various matters on  education and  come to a  level of                                                               
consensus.   Mr.  Rose pointed  out  that the  $100 base  student                                                               
allocation  proposed in  HB 273  may  be a  deal breaker  because                                                               
[districts] are  looking for $200  a year as it  would ultimately                                                               
amount to  $1,200 in 2011  rather than  $600 under the  $100 base                                                               
student allocation.   He related  that his greatest fear  is that                                                               
there will  be a grant-cash  process because no agreement  can be                                                               
achieved, and therefore the process  starts at ground level.  Mr.                                                               
Rose  then  turned   to  the  five-year  phase-in   of  the  cost                                                               
differential, which many  would prefer to be  a three-year phase-                                                               
in.  However,  he emphasized that the important thing  is that HB
273  is the  best product  that [the  task force]  could develop.                                                               
Mr. Rose  concluded by relating his  full support for HB  273 and                                                               
moving on to the House Finance Committee.                                                                                       
                                                                                                                                
4:53:06 PM                                                                                                                    
                                                                                                                                
MR. ROSE,  in response to Representative  Gardner, explained that                                                               
the $100  base student allocation  compounds each year  to result                                                               
in  a $600  increase  overall.   For  every  $100 increase,  that                                                               
increase is  on top of the  total base student allocation  of the                                                               
prior year.  He reminded the  committee that this is a three-year                                                               
phase-in.    Mr. Rose  pointed  out  that the  cost  differential                                                               
amounts to about $148 million  and for intensive needs it amounts                                                               
to about $42 million.  Although  Mr. Rose said that he would like                                                               
to  see more,  he didn't  want to  do anything  that craters  the                                                               
public policy providing the mechanism to move forward.                                                                          
                                                                                                                                
4:55:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  thanked Mr. Rose  for his years  in service                                                               
to education.   He  inquired as  to how many  years Mr.  Rose has                                                               
worked on school issues.                                                                                                        
                                                                                                                                
MR. ROSE informed the committee that  he was first elected to the                                                               
school board  in Skagway  in 1974 and  there were  discussions of                                                               
forward funding then.                                                                                                           
                                                                                                                                
4:55:59 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON,  upon determining  no one  else wished  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
4:56:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  if  the  step-down  procedure  was                                                               
answered for schools falling below an enrollment of 10.                                                                         
                                                                                                                                
MR.  JEANS  explained  that  the   hold  harmless  for  declining                                                               
enrollment will  be calculated  on the  school size  adjusted ADM                                                               
for the district as a whole.   Therefore, schools that fall below                                                               
10 students are  funded with the largest school  in the district,                                                               
which means  that the adjustment  is substantially smaller.   The                                                               
adjustment  may  or  may  not  be  enough  to  trigger  the  hold                                                               
harmless, it  depends on  the size  of the district.   If  it's a                                                               
situation  in  which  there  are  a number  of  schools,  as  was                                                               
described for the  Kodiak Island Borough, then  the hold harmless                                                               
would  likely  be triggered  and  phased-down  over a  three-year                                                               
period.                                                                                                                         
                                                                                                                                
4:57:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  posed a  situation in which  there are                                                               
multiple  years of  decline that  exceed 5  percent.   In such  a                                                               
situation would [the school district]  continue to qualify in the                                                               
first year  for the  75 percent  or is  it held  to the  cycle of                                                               
where the decline started.                                                                                                      
                                                                                                                                
MR. JEANS answered that  in the past he has ran  it both ways and                                                               
whatever benefitted the district was given.                                                                                     
                                                                                                                                
4:57:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  related  her  belief  that  a  school                                                               
district that bases its future  funding on last year's allocation                                                               
is  appropriate  and schools  should  be  held harmless  on  that                                                               
point.  However,  she expressed concern with regard  to the long-                                                               
term  implications of  increasing school  funding by  almost $100                                                               
million and how that funding  will be sustained in an environment                                                               
of declining oil revenue.                                                                                                       
                                                                                                                                
MR.  JEANS said  that he  hasn't had  those discussions  with the                                                               
Department of  Revenue, and  noted that  the legislature  has the                                                               
power of appropriation.                                                                                                         
                                                                                                                                
4:58:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  praised the  work on  the task  force, and                                                               
emphasized that  all of the  issues were fully,  publicly vetted.                                                               
He remarked  that he  was very  pleased with  the results  of the                                                               
task force.                                                                                                                     
                                                                                                                                
5:00:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  expressed concern  with regard  to the                                                               
sustainability  of the  increases  proposed  in the  legislation.                                                               
She  acknowledged  that  [the  appropriations]   are  up  to  the                                                               
legislature.  However, she said  she looked to the administration                                                               
to  lead because  it's the  one making  the recommendation.   She                                                               
then expressed concern that the  discussion has been about adding                                                               
aides  without knowing  the quantitative  benefit versus  smaller                                                               
classroom sizes  or other options.   Although she said  she fully                                                               
supported the funding  going into the classroom,  she related her                                                               
hope that the  funding wouldn't get used up  with the bureaucracy                                                               
at the top.                                                                                                                     
                                                                                                                                
5:01:33 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON recalled the budget  cuts when she first entered the                                                               
legislature  and   the  work  that  went   into  cutting  without                                                               
impacting education, which was accomplished.                                                                                    
                                                                                                                                
5:02:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH identified  other legislation  that is                                                               
critical  to  the  [success]  of  this  discussion.    In  Senate                                                               
Finance, there is legislation related  to fiscal planning for the                                                               
administration in  order to  see long-term  resources.   There is                                                               
also legislation related  to pension obligation bonds  as well as                                                               
legislation  that  would return  to  the  old retirement  system,                                                               
which she characterized as negatively impacting this discussion.                                                                
                                                                                                                                
5:03:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER   commented   that  although   she   had                                                               
contemplated an  amendment, she maintains  her confidence  in the                                                               
process and  thus will support  HB 273.   She explained  that she                                                               
had  contemplated  the  notion of  having  two  [intensive  needs                                                               
students] per aide  and placing the remaining  funds into alcohol                                                               
treatment.  She pondered how  the aforementioned would impact the                                                               
numbers of the severely disabled.                                                                                               
                                                                                                                                
5:05:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES moved  to report  HB 273  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            

Document Name Date/Time Subjects