Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/06/2012 08:00 AM Senate EDUCATION


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08:03:08 AM Start
08:03:52 AM SB182
08:57:50 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 182 PUPIL TRANSPORTATION FUNDING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB 182-PUPIL TRANSPORTATION FUNDING                                                                           
                                                                                                                                
8:03:52 AM                                                                                                                    
CO-CHAIR THOMAS announced the consideration of SB 182.                                                                          
                                                                                                                                
8:04:41 AM                                                                                                                    
EDRA  MORLEDGE,  staff  to  Senator  Kevin  Meyer,  Alaska  State                                                               
Legislature,  Juneau, said  beginning  July 1,  Fiscal Year  2013                                                               
(FY13),  pupil transportation  grants  would be  based on  actual                                                               
audited  pupil expenses  with annual  Consumer Price  Index (CPI)                                                               
adjustments.  She  said  the bill  aligned  pupil  transportation                                                               
funding with  the amounts agreed  to in contracts  and eliminated                                                               
the need  for districts to  subsidize their  pupil transportation                                                               
grants with foundation funding.                                                                                                 
                                                                                                                                
8:06:19 AM                                                                                                                    
MS. MORLEDGE  said SB 182-Section 1  identified modifications for                                                               
the pupil  transportation funding  provided by  the state  to the                                                               
amount reported  in audited fiscal  statement as actual  cost, as                                                               
adjusted  for  inflation,  effective  beginning  FY13.  She  said                                                               
Section 2  provided for an  annual inflation adjustment  based on                                                               
changes  to the  Anchorage CPI,  Section 3  repealed the  current                                                               
funding  based  on per-pupil  to  an  actual cost  mechanism  and                                                               
Section 4 provided an adjustment in funding levels for FY12.                                                                    
                                                                                                                                
8:07:18 AM                                                                                                                    
CO-CHAIR   MEYER    asked   to   clarify    that   transportation                                                               
reimbursement funding would  go from a per-pupil  means to actual                                                               
costs negotiated with local bus companies.                                                                                      
                                                                                                                                
MS. MORLEDGE answered correct.                                                                                                  
                                                                                                                                
CO-CHAIR  MEYER asked  if there  were a  limited amount  of pupil                                                               
transportation companies in Alaska.                                                                                             
                                                                                                                                
MS. MORLEDGE answered correct.                                                                                                  
                                                                                                                                
CO-CHAIR  MEYER   asked  if  school  districts   could  negotiate                                                               
separate contracts.                                                                                                             
                                                                                                                                
MS.  MORLEDGE answered  yes. She  said districts  could negotiate                                                               
various  things  in their  contract  and  there was  very  little                                                               
control over districts' transportation contracts.                                                                               
                                                                                                                                
CO-CHAIR MEYER asked if the bill  reverted back to a previous way                                                               
of funding pupil transportation.                                                                                                
                                                                                                                                
MS.  MORLEDGE answered  not necessarily.  She said  in 2004,  the                                                               
Department  of Education  and  Early  Development (DEED)  allowed                                                               
transportation  negotiations  to  be   handled  directly  by  the                                                               
districts. She  said districts were  funded based on  a flat-rate                                                               
amount per  student as  reimbursement costs  with a  built-in CPI                                                               
adjustment.                                                                                                                     
                                                                                                                                
CO-CHAIR  THOMAS  asked  to clarify  that  a  district's  audited                                                               
financial  statement  would  be  reviewed  annually  with  a  CPI                                                               
adjustment applied to it.                                                                                                       
                                                                                                                                
MS. MORLEDGE answered yes.                                                                                                      
                                                                                                                                
8:11:03 AM                                                                                                                    
STEVE  KALMES,  Director   of  Transportation,  Anchorage  School                                                               
District,  Anchorage,  said  the   district  anticipated  a  $2.2                                                               
million  budget shortfall  next year.  He said  over six  million                                                               
passenger trips  and three million miles  were traveled annually.                                                               
He said higher  fuel prices have contributed  to increased costs.                                                               
He noted that the current  transportation contract was negotiated                                                               
in 2006 with  at a base fuel  rate of $2.50 per  gallon. He noted                                                               
that 2006  gasoline was  approximately $2.35  per gallon  and the                                                               
current  price was  $3.72 per  gallon. He  said the  district was                                                               
reimbursing their  transportation contractor  approximately $1.00                                                               
per gallon. He said prices  for supplies, equipment and buses had                                                               
also increased from  3 percent to 10 percent on  an annual basis.                                                               
He  said additional  cost increases  were attributed  to $500,000                                                               
spent on  busing homeless students  and expenses  associated with                                                               
transporting students to  other schools due to the  No Child Left                                                               
Behind (NCLB) Act.                                                                                                              
                                                                                                                                
He said  the district  had been frugal  and focused  on providing                                                               
home-to-school  service  with   no  transportation  provided  for                                                               
charter  schools or  optional programs.  He said  activity busing                                                               
was not  included in the contracted  transportation agreement. He                                                               
said  larger buses  added to  the fleet  had increased  passenger                                                               
capacity to carry more students per vehicle.                                                                                    
                                                                                                                                
8:13:58 AM                                                                                                                    
MR. KALMES said the average life  of buses had been extended from                                                               
10 years to  15 years of age  in an attempt to avoid  the cost of                                                               
purchasing new  equipment. He said contract  negotiations in 2016                                                               
with MV Transportation could require 178 buses to be replaced.                                                                  
                                                                                                                                
He  supported  the  move away  from  the  per-student  allocation                                                               
reimbursement model  and was hopeful that  the new transportation                                                               
funding scheme would allow for periodic adjustments.                                                                            
                                                                                                                                
8:15:11 AM                                                                                                                    
CO-CHAIR  MEYER  asked what  the  requirement  was for  providing                                                               
student transportation.                                                                                                         
                                                                                                                                
MR. KALMES  answered that transportation was  provided to regular                                                               
students who live more than 1.5  miles away, students who live in                                                               
an  area  that was  determined  to  be hazardous,  special  needs                                                               
students, homeless  students and alternate  school transportation                                                               
required from NCLB.                                                                                                             
                                                                                                                                
CO-CHAIR MEYER asked  to verify that the current  funding was not                                                               
adequate.                                                                                                                       
                                                                                                                                
MR. KALMES answered that the  district anticipated a shortfall of                                                               
$2 million in FY12 and $2.2 million in FY13.                                                                                    
                                                                                                                                
8:16:53 AM                                                                                                                    
CO-CHAIR  MEYER  asked if  bus  driver  and mechanic  wages  were                                                               
included in the reimbursement.                                                                                                  
                                                                                                                                
MR. KALMES  answered that  funds for  all operational  costs were                                                               
included except for capital costs.                                                                                              
                                                                                                                                
8:17:10 AM                                                                                                                    
SENATOR DAVIS asked how many buses the district owned.                                                                          
                                                                                                                                
MR. KALMES answered that the  district operated 40 percent of the                                                               
transportation service with 121 buses.                                                                                          
                                                                                                                                
SENATOR DAVIS  asked if bus transportation  contracts favored the                                                               
district some years and the contractors in other years.                                                                         
                                                                                                                                
8:18:03 AM                                                                                                                    
MR.  KALMES   answered  that   limited  competition   for  busing                                                               
contractors had  a negative impact  in negotiations. He  said the                                                               
district's contract  had been aligned  with Mat-Su  and Fairbanks                                                               
to attract larger transportation  companies with more competitive                                                               
bids.                                                                                                                           
                                                                                                                                
8:20:15 AM                                                                                                                    
SENATOR  STEVENS asked  if Anchorage  was unique  in transporting                                                               
pupils with district owned buses and contractor owned buses.                                                                    
                                                                                                                                
MR. KALMES answered correct.                                                                                                    
                                                                                                                                
SENATOR STEVENS asked if the district hired its own drivers.                                                                    
                                                                                                                                
MR. KALMES answered correct.                                                                                                    
                                                                                                                                
SENATOR STEVENS  asked how the  district's busing  costs compared                                                               
to the contracted operator's cost.                                                                                              
                                                                                                                                
MR. KALMES  answered that  the district  was comparable  in costs                                                               
per student.  He said it  was beneficial to operate  a percentage                                                               
of busing service to avoid a contract operator monopoly.                                                                        
                                                                                                                                
8:21:39 AM                                                                                                                    
SENATOR STEVENS  asked if  Anchorage was  the only  district with                                                               
its own buses in the state.                                                                                                     
                                                                                                                                
MR.  KALMES  answered  that  the  district  was  the  only  mixed                                                               
transportation  operation  with  the  exception of  a  few  small                                                               
district operated systems.                                                                                                      
                                                                                                                                
8:22:06 AM                                                                                                                    
PETE LEWIS,  Superintendent, Fairbanks North Star  Borough School                                                               
District,  Fairbanks,  said  the district's  operating  fund  was                                                               
supporting  pupil transportation  and  over $2  million would  be                                                               
required  to  make   up  the  difference  in  FY13.   He  said  a                                                               
transportation  funding adjustment  would allow  the district  to                                                               
keep operating dollars to support its classrooms.                                                                               
                                                                                                                                
8:22:56 AM                                                                                                                    
CO-CHAIR THOMAS asked if the  district had a split operation with                                                               
district owned buses and contract  transportation owned buses. He                                                               
also  asked  what  impact  the  higher  fuel  costs  had  on  the                                                               
district.                                                                                                                       
                                                                                                                                
MR.  LEWIS answered  that  all of  the buses  were  owned by  the                                                               
contract operator.  He said  Fairbanks had  special needs  due to                                                               
the extreme winter weather conditions  which required covered bus                                                               
storage and  extra insulation to  keep bus  interior temperatures                                                               
above 39  degrees. He  said the  district faced  additional costs                                                               
due to homeless student and NCLB needs.                                                                                         
                                                                                                                                
8:24:54 AM                                                                                                                    
DAVE  JONES, Assistant  Superintendent,  Kenai Peninsula  Borough                                                               
School District,  Soldotna, said  the district contracted  all of                                                               
its  transportation and  had joined  the  Anchorage coalition  in                                                               
negotiating  five   year  contracts,   but  decided   to  operate                                                               
independently with its own one  year agreement. He said a Request                                                               
For  Proposal  (RFP)  was  announced with  the  hope  to  attract                                                               
additional vendors.  He said  the district  was operating  with a                                                               
transportation budget deficit of  $750,000 for FY12 and classroom                                                               
money had  to be diverted  to transporting students. He  said the                                                               
bill  would  help  the  district   redirect  money  back  to  the                                                               
classroom.                                                                                                                      
                                                                                                                                
8:27:44 AM                                                                                                                    
SENATOR STEVENS  commented that the bill  would continue separate                                                               
district  based negotiations.  He asked  if  there was  a way  to                                                               
bring oversight and control back to the negotiating system.                                                                     
                                                                                                                                
8:28:35 AM                                                                                                                    
MR.  JONES   answered  that  DEED   should  be   responsible  for                                                               
transportation  contract negotiations.  He said  the department's                                                               
involvement could attract additional vendors.                                                                                   
                                                                                                                                
8:29:54 AM                                                                                                                    
JOHN   ALCANTRA,   Government   Relations,   National   Education                                                               
Association-Alaska,   Anchorage,   said   many   districts   were                                                               
operating with  transportation budget  deficits with  money taken                                                               
directly from  classrooms to  cover costs.  He said  teachers had                                                               
been laid  off due  to a  reduction in  general fund  dollars for                                                               
classrooms. He said  he hoped the legislature  realized the cause                                                               
of  the  state's $3.7  billion  surplus  and diverted  additional                                                               
transportation  funds  due to  rising  gas  prices. He  said  the                                                               
districts   faced   a   combined  $10   million   shortfall   for                                                               
transportation funding in FY13.                                                                                                 
                                                                                                                                
8:32:21 AM                                                                                                                    
AMY  LUJAN,  Executive  Director, Alaska  Association  of  School                                                               
Business Officials  (ALASBO), Juneau,  said a change  to district                                                               
pupil transportation reimbursements  was necessary and justified.                                                               
She said  the current  mechanism did  not sufficiently  take into                                                               
account    actual   cost    increases.   She    said   additional                                                               
transportation data gathering would  be required by the districts                                                               
and ALASBO could assist.                                                                                                        
                                                                                                                                
8:33:49 AM                                                                                                                    
CO-CHAIR  MEYER  asked  if  ALASBO  surveyed  the  districts  for                                                               
transportation costs.                                                                                                           
                                                                                                                                
MS.  LUJAN answered  no.  She said  the  districts were  surveyed                                                               
without the  knowledge that data  would be used for  drafting new                                                               
reimbursement  legislation. She  said  additional data  gathering                                                               
would be required.                                                                                                              
                                                                                                                                
SENATOR  STEVENS  commented  that   he  was  concerned  with  the                                                               
independent  contract  negotiations  done by  each  district.  He                                                               
asked how to improve  contract negotiating consistency throughout                                                               
the state.                                                                                                                      
                                                                                                                                
MS.  LUJAN   answered  that  without  DEED   oversight,  she  had                                                               
difficulty  negotiating pupil  transportation contracts  when she                                                               
was an administrator at Kuspuk and Nome school districts.                                                                       
                                                                                                                                
8:35:33 AM                                                                                                                    
SENATOR STEVENS  asked if  there was  a concern  with independent                                                               
district negotiations not getting the best deal.                                                                                
                                                                                                                                
MS. LUJAN answered yes.                                                                                                         
                                                                                                                                
CO-CHAIR MEYER  asked if  contracts should  be done  through DEED                                                               
with guidelines.                                                                                                                
                                                                                                                                
8:36:03 AM                                                                                                                    
MS. LUJAN answered that DEED  should provide some assistance with                                                               
contract negotiations.                                                                                                          
                                                                                                                                
8:36:51 AM                                                                                                                    
ANNE  KILKENNY, representing  herself,  Mat-Su Borough,  Wasilla,                                                               
said the  bill created teaching  jobs by putting money  back into                                                               
the district's  general fund.  She said  increased transportation                                                               
expenses may cost  the district up to 40 teaching  jobs. She said                                                               
the projected  transportation funding shortfall ranged  from $3.3                                                               
million  to $4.2  million. She  recommended  that annual  funding                                                               
adjustments  be tied  to the  price  of oil  or a  gallon of  gas                                                               
rather than  the Anchorage CPI.  She said formula  driven funding                                                               
does not work.  She said a task force should  be formed to review                                                               
pupil transportation funding and  agreed with Senator Stevens for                                                               
DEED oversight.                                                                                                                 
                                                                                                                                
8:40:56 AM                                                                                                                    
CO-CHAIR MEYER said he would like  to hear from the Mat-Su Valley                                                               
School  District  administration  for  comments  on  their  pupil                                                               
transportation costs.                                                                                                           
                                                                                                                                
8:41:51 AM                                                                                                                    
ELIZABETH  NUDELMAN,  Director,  School  Finance,  Department  of                                                               
Education  and  Early Development,  Juneau,  said  the bill  sets                                                               
funding rates  for FY12 and  a second  time for FY13  and ensuing                                                               
years.                                                                                                                          
                                                                                                                                
She  said the  FY12  fiscal note  was derived  from  the new  per                                                               
student  factors  being  multiplied by  the  current  preliminary                                                               
Average   Daily  Membership   (ADM)   estimate.   She  said   the                                                               
calculation  created an  $8  million  estimated supplemental  for                                                               
FY12.                                                                                                                           
                                                                                                                                
8:44:30 AM                                                                                                                    
MS. NUDELMAN  said the bill  addressed FY13 and ensuing  years by                                                               
taking   the  school   districts'  FY12   audited  transportation                                                               
expenditures  plus   annual  CPI   adjustments.  She   said  FY12                                                               
expenditures  were being  calculated  and would  be completed  by                                                               
June. She  said the  FY13 fiscal note  increase of  $19.9 million                                                               
was calculated  by multiplying audited expenditures  from 2011 by                                                               
26 percent  plus a 3.2  percent CPI  adjustment. She said  the 26                                                               
percent  increase  was  based on  recent  contract  increases  in                                                               
larger Alaska school districts.                                                                                                 
                                                                                                                                
8:45:57 AM                                                                                                                    
CO-CHAIR   MEYER  commented   that   he  favored   transportation                                                               
reimbursements based on  actual costs. He said  each district was                                                               
unique and the current per pupil  method may not be capturing the                                                               
accurate costs.  He said the fiscal  note was large and  asked if                                                               
EED favored a cost or pupil based reimbursement program.                                                                        
                                                                                                                                
8:47:49 AM                                                                                                                    
MS. NUDELMAN answered that the costs  in the fiscal note could be                                                               
lower when  actual expenses  were confirmed.  She said  the state                                                               
currently   spends    approximately   $64   million    on   pupil                                                               
transportation.   She   said    the   $8   million   supplemental                                                               
appropriation  in  the bill  would  bring  FY12 spending  to  $72                                                               
million. She  said if all the  state did was add  the current 3.2                                                               
percent  CPI  to  the   FY12  expenditure,  pupil  transportation                                                               
spending would be  $74 million in FY 13. She  said a supplemental                                                               
appropriation  plus  CPI  increase   for  the  current  per-pupil                                                               
program or  the bill's cost  formulated funding would both  be in                                                               
the range to address increased transportation costs.                                                                            
                                                                                                                                
8:49:31 AM                                                                                                                    
CO-CHAIR  MEYER asked  to  verify  that the  bill  would have  an                                                               
average $10  million annual increase  over the current  per pupil                                                               
method.                                                                                                                         
                                                                                                                                
MS. NUDELMAN answered  no. She said FY13 would  increase by $19.9                                                               
million.                                                                                                                        
                                                                                                                                
8:50:57 AM                                                                                                                    
CO-CHAIR  MEYER  commented  that  the committee's  focus  was  on                                                               
coming  up with  the  best policy  for  pupil transportation  and                                                               
coming forward with  a funding amount that  the Finance Committee                                                               
would support.                                                                                                                  
                                                                                                                                
8:51:19 AM                                                                                                                    
SENATOR STEVENS commented  that he was worried about  the lack of                                                               
contract DEED  oversight. He said districts  required negotiating                                                               
assistance.  He  said an  audit  was  not  enough and  asked  the                                                               
department to come forward with recommendations.                                                                                
                                                                                                                                
8:53:34 AM                                                                                                                    
CO-CHAIR  MEYER   commented  that  districts   required  contract                                                               
guidance.                                                                                                                       
                                                                                                                                
CO-CHAIR  THOMAS  said  the  $19.9   million  increase  for  FY13                                                               
included   the  $8   million   supplemental  appropriation   that                                                               
addressed FY12's  deficit. He suggested  ALASBO be  involved with                                                               
DEED for oversight.  He said good analysis on the  policy of what                                                               
takes place  with pupil transportation versus  strictly examining                                                               
expenses would be beneficial.                                                                                                   
                                                                                                                                
8:55:25 AM                                                                                                                    
SENATOR DAVIS  said DEED endured  cutbacks in previous  years and                                                               
the ability  to support  additional transportation  oversight may                                                               
be  difficult.  She  said  she supported  change  and  asked  the                                                               
department  to come  forward with  recommendations. She  said she                                                               
was bothered  by the  department not taking  a stance  to correct                                                               
the transportation funding situation.                                                                                           
                                                                                                                                
MS. NUDELMAN  answered that she recognized  transporting children                                                               
to schools  was an important  program for Alaska. She  said costs                                                               
continue to rise and a solution could be found.                                                                                 
                                                                                                                                
8:57:13 AM                                                                                                                    
CO-CHAIR MEYER  asked DEED to  offer a  solution when SB  182 was                                                               
brought back for consideration.                                                                                                 
                                                                                                                                
8:57:28 AM                                                                                                                    
CO-CHAIR MEYER stated he would hold SB 182 in committee.                                                                        

Document Name Date/Time Subjects
Sponsor Statement SB182.pdf SEDC 2/6/2012 8:00:00 AM
SB 182
SB 182 Sectional Analysis.pdf SEDC 2/6/2012 8:00:00 AM
SB 182
Compiled Transportation Information 2011-11-14.pdf SEDC 2/6/2012 8:00:00 AM
Survey Data
SB182-EED-ESS-2-3-2012.pdf SEDC 2/6/2012 8:00:00 AM
SB 182