Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/24/2012 08:00 AM Senate EDUCATION


Download Mp3. <- Right click and save file as

Audio Topic
08:03:19 AM Start
08:03:43 AM SB182
08:50:10 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 182 PUPIL TRANSPORTATION FUNDING TELECONFERENCED
Moved CSSB 182(EDC) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB 182-PUPIL TRANSPORTATION FUNDING                                                                           
                                                                                                                                
8:03:43 AM                                                                                                                    
CO-CHAIR MEYER announced the consideration of SB 182.                                                                           
                                                                                                                                
8:04:39 AM                                                                                                                    
SENATOR FRENCH joined the meeting.                                                                                              
                                                                                                                                
8:05:07 AM                                                                                                                    
CO-CHAIR THOMAS moved to adopt the committee substitute (CS) for                                                                
SB 182, labeled 27-LS1283\E as the working document.                                                                            
                                                                                                                                
CO-CHAIR MEYER objected for the purposes of discussion.                                                                         
                                                                                                                                
EDRA   MORLEDGE,   Staff   for  Senator   Meyer,   Alaska   State                                                               
Legislature,  said  the CS  for  SB  182  did several  things  to                                                               
address the  rising costs of  pupil transportation. She  said the                                                               
bill  would  recalibrate the  per-pupil  amount  given for  pupil                                                               
transportation  programs  to  school   districts.  She  said  the                                                               
current  per-pupil program  would  be changed  to a  reimbursable                                                               
program which would be based  upon actual annual financial audits                                                               
that  were reported  to  the Department  of  Education and  Early                                                               
Development (DEED). She said the  CS would also provide DEED with                                                               
oversight  required  to  control   the  school  districts'  pupil                                                               
transportation program costs.                                                                                                   
                                                                                                                                
8:06:53 AM                                                                                                                    
MS. MORLEDGE said Section 1  in the original bill established the                                                               
reimbursable program  to begin  in Fiscal  Year 2013  (FY13). She                                                               
said the  CS would  change the  program to  begin in  Fiscal Year                                                               
2014 (FY14)  to allow for  a second  year to transition  into the                                                               
reimbursable program.                                                                                                           
                                                                                                                                
She said  Section 2(e) would  add authority for DEED  to regulate                                                               
the  Request-For-Proposals (RFP)  program.  She  said DEED  would                                                               
have  the  authority to  adopt  regulations  to provide  for  the                                                               
oversight and support  to school districts to achieve  a safe and                                                               
cost-effective student transportation system.                                                                                   
                                                                                                                                
She  said there  were  no changes  made to  Section  3. She  said                                                               
Section 4 established the per-pupil  amounts for Fiscal Year 2012                                                               
(FY12) and  FY13. She  said per-student  amounts were  based upon                                                               
figures districts  reported as their actual  projected costs. She                                                               
noted that a  3.2 percent increase for the second  year was based                                                               
upon the Consumer Price Index (CPI).                                                                                            
                                                                                                                                
8:08:48 AM                                                                                                                    
CO-CHAIR MEYER asked if the intent  was to get all of the schools                                                               
on  the same  schedule to  allow  DEED to  do an  RFP to  receive                                                               
additional competitive bids for statewide transportation.                                                                       
                                                                                                                                
MS. MORLEDGE answered yes.                                                                                                      
                                                                                                                                
CO-CHAIR  MEYER asked  if the  intent  was to  continue with  the                                                               
current per-pupil  reimbursement program  for the next  two years                                                               
and transition to an actual cost program in subsequent years.                                                                   
                                                                                                                                
MS. MORLEDGE answered correct. She  said the next two years would                                                               
be based upon the school  districts' annual financial audits. She                                                               
said  DEED's  RFP  process  would   allow  contracts  to  include                                                               
allowable additions  that districts would  have to fund  in other                                                               
ways.                                                                                                                           
                                                                                                                                
CO-CHAIR MEYER asked if the intent  was to get DEED more involved                                                               
based upon  specific guidelines  and specify  what the  state and                                                               
school   districts  would   pay  for   additional  transportation                                                               
requirements.                                                                                                                   
                                                                                                                                
MS. MORLEDGE answered correct.                                                                                                  
                                                                                                                                
8:10:38 AM                                                                                                                    
CO-CHAIR  MEYER asked  if the  per-pupil rates  for the  next two                                                               
years were based upon a survey.                                                                                                 
                                                                                                                                
MS. MORLEDGE  answered yes. She  said a comprehensive  survey was                                                               
conducted   by  the   Alaska  Association   of  School   Business                                                               
Officials.                                                                                                                      
                                                                                                                                
CO-CHAIR  MEYER  asked  if  any  of  the  districts'  per-student                                                               
amounts went down.                                                                                                              
                                                                                                                                
MS. MORLEDGE answered no.                                                                                                       
                                                                                                                                
CO-CHAIR MEYER  asked if the  per-pupil transportation  costs had                                                               
gone up in all of the school districts.                                                                                         
                                                                                                                                
MS.  MORLEDGE   answered  yes.  She   said  costs  had   gone  up                                                               
significantly.                                                                                                                  
                                                                                                                                
CO-CHAIR MEYER commented  that the whole intent  of the committee                                                               
was  to try  and get  a handle  on the  transportation costs  and                                                               
control them.                                                                                                                   
                                                                                                                                
CO-CHAIR THOMAS  said many transportation issues  were relatively                                                               
complex  and would  not be  solved due  to unique  transportation                                                               
methods  that would  discourage companies  from bidding.  He said                                                               
language  in  the bill  was  loose  enough  to allow  for  unique                                                               
transportation situations to  enable companies to bid  on a wider                                                               
number of schools.                                                                                                              
                                                                                                                                
8:12:49 AM                                                                                                                    
CO-CHAIR  MEYER asked  to verify  in Section  4 that  the primary                                                               
goal was to do per-student amounts for the larger schools.                                                                      
                                                                                                                                
MS. MORLEDGE answered correct.                                                                                                  
                                                                                                                                
CO-CHAIR MEYER replied that some  small schools required students                                                               
to be flown in.                                                                                                                 
                                                                                                                                
MS. MORLEDGE responded  that some students in  Pelican required a                                                               
boat to attend school.                                                                                                          
                                                                                                                                
CO-CHAIR MEYER replied that receiving  bids from an RFP would not                                                               
occur   in  some   communities  due   to  unique   transportation                                                               
requirements.                                                                                                                   
                                                                                                                                
SENATOR STEVENS asked if seven  school districts accounted for 90                                                               
percent of the students being transported.                                                                                      
                                                                                                                                
MS. MORLEDGE said yes.                                                                                                          
                                                                                                                                
CO-CHAIR  MEYER  responded  that  the  intent  was  to  encourage                                                               
additional  bids from  a larger  sampling area.  He said  another                                                               
goal was  to have standardized student  transportation throughout                                                               
the state.                                                                                                                      
                                                                                                                                
MS. MORLEDGE answered correct.                                                                                                  
                                                                                                                                
CO-CHAIR  MEYER asked  if  DEED  was going  back  to the  student                                                               
transportation process that was used in 2003.                                                                                   
                                                                                                                                
MS. MORLEDGE answered correct.                                                                                                  
                                                                                                                                
CO-CHAIR MEYER  replied that the  process prior to 2004  was done                                                               
for quite a while.                                                                                                              
                                                                                                                                
MS. MORLEDGE answered yes.                                                                                                      
                                                                                                                                
CO-CHAIR MEYER  said the state  had gone full circle  regarding a                                                               
centralized pupil transportation program.                                                                                       
                                                                                                                                
SENATOR STEVENS said he would like  to hear from DEED on how they                                                               
intend to deal with the RFP process.                                                                                            
                                                                                                                                
8:15:24 AM                                                                                                                    
DEENA  PARAMO, Superintendent,  Mat-Su  Borough School  District,                                                               
Palmer, said  the district spanned  25,000 square miles,  an area                                                               
larger than West  Virginia. She said the district  had 44 schools                                                               
with an enrollment of approximately 17,330 students.                                                                            
                                                                                                                                
She  said  the  district   supported  the  retrospective  expense                                                               
reimbursement model  that was  proposed in SB  182. She  said the                                                               
bill recognized that  school districts' transportation operations                                                               
were  unique and  allowed for  the individualization  required to                                                               
address the  vast differences. She  said the bill  focused solely                                                               
on  home-to-school  pupil  transportation and  provided  adequate                                                               
visibility of transportation expenditures for all districts.                                                                    
                                                                                                                                
She said the  district was a good steward of  tax payer funds and                                                               
issued an extremely  detailed competitive bid to  ensure that the                                                               
best  possible transportation  value was  obtained. She  said the                                                               
district  was  forced  to  find  operational  monies  to  support                                                               
student   transportation.  She   said   the  district's   current                                                               
transportation contract  did not include a  fuel escalator clause                                                               
in order to avoid the risk  of higher fuel prices. She noted that                                                               
the  current  five year  contract  would  save the  district  $11                                                               
million.                                                                                                                        
                                                                                                                                
8:19:23 AM                                                                                                                    
MS. PARAMO  said the  district continued to  seek ways  to reduce                                                               
costs. She said  the district operated two less  routes and added                                                               
291 students  versus the  prior year. She  said the  district was                                                               
engaged  in  a  competitive  route optimization  study  that  was                                                               
designed to  decrease the number  of busses and routes.  She said                                                               
negotiations  with   the  district's   transportation  contractor                                                               
continued in  an effort to  reduce operating costs  by evaluating                                                               
the advantage of a possible  second terminal, route consolidation                                                               
and  other operational  efficiencies. She  said the  district was                                                               
investigating   possible   changes   to  school   schedules   for                                                               
additional cost savings.                                                                                                        
                                                                                                                                
She  said the  district entered  the first  year of  a five  year                                                               
contract and  the single largest  cost increase was caused  by AS                                                               
23.10.065(b)  which mandated  public bus  school drivers  be paid                                                               
200 percent of the minimum  wage when contracts were renewed. She                                                               
said  the  new  contract  included  language  that  required  the                                                               
average age of the fleet not exceed  10 years and no bus be older                                                               
than  12 years.  She  noted  that two  digital  cameras were  now                                                               
required  on  each  bus  to  ensure  safety  and  proper  student                                                               
behavior.                                                                                                                       
                                                                                                                                
8:22:08 AM                                                                                                                    
CO-CHAIR  MEYER asked  if the  Mat-Su School  District's expenses                                                               
went up 27 percent.                                                                                                             
                                                                                                                                
MS. PARAMO answered correct.                                                                                                    
                                                                                                                                
CO-CHAIR MEYER  responded that costs  had gone up for  all school                                                               
districts and the Mat-Su District's increase was not unusual.                                                                   
                                                                                                                                
SENATOR  FRENCH asked  to clarify  the  Mat-Su School  District's                                                               
field trip transportation numbers for students.                                                                                 
                                                                                                                                
MS.  PARAMO   answered  that  only  home-to-school   and  special                                                               
education routes  would be reimbursable  by the state.  She noted                                                               
that field trips would not be reimbursable.                                                                                     
                                                                                                                                
SENATOR FRENCH asked  why the district had four  times the amount                                                               
of field trips versus regular education routes.                                                                                 
                                                                                                                                
MS.  PARAMO answered  that  home-to-school  routes were  operated                                                               
under  the guidance  of  a route  optimization  system. She  said                                                               
field trips  and daily inter-school  bussing were  less efficient                                                               
due to fewer  students being transferred per bus.  She noted that                                                               
inter-school  bussing  students  to  one  location  paid  off  by                                                               
reducing  program cost  and  staffing by  allowing  for a  single                                                               
class for multiple schools.                                                                                                     
                                                                                                                                
8:25:42 AM                                                                                                                    
SENATOR FRENCH responded  that it looked like five  times as many                                                               
field trips occurred versus regular school trips.                                                                               
                                                                                                                                
MS.  PARAMO  replied  that inter-school  bussing  occurred  daily                                                               
between schools.                                                                                                                
                                                                                                                                
8:27:02 AM                                                                                                                    
PETE LEWIS,  Superintendent, Fairbanks North Star  Borough School                                                               
District,  Fairbanks,   said  the   district  was   using  school                                                               
operating  funds  to  support   transportation  and  next  year's                                                               
deficit  projection was  over $2  million. He  said SB  182 would                                                               
help  alleviate  the  short  fall  that  was  covered  by  school                                                               
operating funds.                                                                                                                
                                                                                                                                
8:28:07 AM                                                                                                                    
ELIZABETH  NUDELMAN,  Director,  School  Finance,  Department  of                                                               
Education and  Early Development,  Juneau, said SB  182 addressed                                                               
the pupil  transportation system via  AS 14.09.010. She  said the                                                               
current system dated  back to 2003 when  the "accountable system"                                                               
was replaced  with an "unaccountable system"  and the per-student                                                               
funding mechanism was established to constrain costs.                                                                           
                                                                                                                                
She  said  in 2003,  DEED  testified  that previous  attempts  to                                                               
control costs by working with  school districts to align contract                                                               
bid periods  and promote competition did  not substantially lower                                                               
costs. She  said the per-student cost  constraint system replaced                                                               
DEED's  statutory  and  regulatory authority  for  the  program's                                                               
components  regarding  contracts,  number  of  routes,  allowable                                                               
expenditures and  other elements. She  said the current  law also                                                               
deleted  the  statutory  language  specifically  designating  the                                                               
pupil   transportation   program   as  "to   and   from"   school                                                               
transportation.  She  said   DEED's  pupil  transportation  staff                                                               
position and funding were eliminated in 2004.                                                                                   
                                                                                                                                
She said for  eight years the current  mechanism controlled costs                                                               
for  pupil  transportation  and   noted  that  one  CPI  increase                                                               
occurred in 2009.  She said the current  expenditures reported by                                                               
districts  reflected newly  signed five  year contracts  for 2012                                                               
through   2016;   Anchorage,   Mat-Su,  Fairbanks,   Kodiak   and                                                               
Ketchikan. She said contracts had  varying levels of service from                                                               
one district  to the  next due  to unconstrained  regulation. She                                                               
said the  program constraint  was moved  from allowable  costs to                                                               
the per-student funding mechanism.                                                                                              
                                                                                                                                
She said  SB 182  included language that  directed DEED  to adopt                                                               
regulations to provide oversight and  support for a safe and cost                                                               
effective   student   transportation   system.  She   said   DEED                                                               
envisioned  a framework  that included  the addition  of a  staff                                                               
position to  assist districts  with the  RFP process  and monitor                                                               
allowable costs.  She said student transportation  was a valuable                                                               
program  to the  state of  Alaska and  DEED was  working hard  to                                                               
ensure students were transported to school in a safe manner.                                                                    
                                                                                                                                
8:31:15 AM                                                                                                                    
LES  MORSE,  Deputy  Commissioner, Department  of  Education  and                                                               
Early  Development, Juneau,  said  DEED  understood the  concerns                                                               
about cost  containment and the  intent of  SB 182 by  the bill's                                                               
sponsor.  He  noted  that  Commissioner  Mike  Hanley  was  truly                                                               
concerned about student transportation cost containment.                                                                        
                                                                                                                                
He said various  transportation funding models had  been used and                                                               
SB 182 was similar to the  previous model that allowed DEED to be                                                               
involved with  the districts. He  noted that DEED could  not make                                                               
guarantees   due    to   historical   outcomes    from   previous                                                               
transportation funding models.                                                                                                  
                                                                                                                                
He noted  that the administration  would have some concerns  on a                                                               
supplemental  for the  current year's  formula  program. He  said                                                               
DEED  would  address  the administration's  supplemental  funding                                                               
issues  when  SB  182  was  brought  before  the  Senate  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
8:33:08 AM                                                                                                                    
CO-CHAIR MEYER responded that he  appreciated DEED's comments. He                                                               
said he was unsure if DEED  truly supported SB 182. He noted that                                                               
funding student  transportation via  the Base  Student Allocation                                                               
(BSA) formula  was difficult due  to higher fuel prices.  He said                                                               
SB 182 would  provide a method to  get a better handle  on all of                                                               
the transportation expenses.  He asked if DEED was  in support of                                                               
controlling costs as well.                                                                                                      
                                                                                                                                
MR. MORSE answered yes. He said  DEED understood the intent of SB
182 and  noted there  would continue to  be challenges  along the                                                               
way. He said  DEED would strive to make SB  182 very effective in                                                               
terms of cost containment.                                                                                                      
                                                                                                                                
8:35:00 AM                                                                                                                    
CO-CHAIR MEYER asked if an updated fiscal note was presented.                                                                   
                                                                                                                                
MS.  NUDELMAN  answered that  a  new  fiscal  note had  not  been                                                               
formally prepared  for the  committee. She  said the  2013 fiscal                                                               
note  would be  approximately $10  million less  than the  survey                                                               
results   and  the   the   CPI  for   the   out-years  would   be                                                               
proportionally less. She said SB  182 would recalculate costs for                                                               
the  June  30, 2013  financial  statement  audit and  noted  that                                                               
actual costs were currently unknown.                                                                                            
                                                                                                                                
SENATOR STEVENS commented that he  was more comfortable with DEED                                                               
being directly  involved with pupil  transportation. He  noted SB
182  would  focus  on  larger  districts  and  would  affectively                                                               
abandon  smaller  districts.  He  asked how  DEED  would  address                                                               
transportation for smaller communities.                                                                                         
                                                                                                                                
MS.  NUDELMAN answered  that  DEED  would expect  to  be able  to                                                               
support all  districts under the  same set of  circumstances. She                                                               
said DEED  would be  able to provide  smaller districts  with the                                                               
specific help needed.                                                                                                           
                                                                                                                                
8:38:10 AM                                                                                                                    
SENATOR  STEVENS asked  how program  auditing would  work through                                                               
DEED.                                                                                                                           
                                                                                                                                
MS.  NUDELMAN  answered  that the  audited  financial  statements                                                               
would provide DEED with a record for overall results.                                                                           
                                                                                                                                
CO-CHAIR  THOMAS commented  on  a previous  statement that  noted                                                               
student funding had gone from  an accountable to an unaccountable                                                               
system   and   the    negative   connotations   associated   with                                                               
unaccountability.  He   asked  if  SB  182   would  move  student                                                               
transportation back to a more accountable system.                                                                               
                                                                                                                                
MS. NUDELMAN  answered that the accountability  terms were simply                                                               
associated  with  calculating  transportation funding.  She  said                                                               
DEED used  a funding  calculation and  the school  districts were                                                               
the stewards  of the programs.  She said the state  was fortunate                                                               
to have  strong professionals in  districts that  addressed pupil                                                               
transportation.   She   said   SB   182   would   simply   return                                                               
transportation oversight back to DEED.                                                                                          
                                                                                                                                
CO-CHAIR THOMAS asked if the  more accountable system was similar                                                               
to what was previously administered prior to 2003.                                                                              
                                                                                                                                
MS. NUDELMAN answered yes.                                                                                                      
                                                                                                                                
CO-CHAIR MEYER  commented that  his intent  was to  go to  a more                                                               
accountable system with program uniformity throughout the state.                                                                
                                                                                                                                
8:41:43 AM                                                                                                                    
SENATOR FRENCH  asked what  was the state  spending per  year for                                                               
pupil transportation.                                                                                                           
                                                                                                                                
MS. NUDLEMAN answered that the state spent $62 million for 2012.                                                                
                                                                                                                                
SENATOR FRENCH  asked what  changes we made  after 2003  and what                                                               
the current status was.                                                                                                         
                                                                                                                                
MS. NUDLEMAN  said the impetus  to change  student transportation                                                               
funding was  based upon rapid growth  in the five years  prior to                                                               
2003.                                                                                                                           
                                                                                                                                
SENATOR FRENCH asked what funding method was used prior to 2003.                                                                
                                                                                                                                
MS. NUDLEMAN answered that reimbursable  grants were used to fund                                                               
pupil transportation and were not  BSA based. She said DEED would                                                               
approve routes  and purchases. She  said a school  district would                                                               
submit a report and DEED would  send them a check. She noted that                                                               
pupil transportation was separate from education programs.                                                                      
                                                                                                                                
SENATOR FRENCH  replied if the  receipt reimbursement  method was                                                               
used prior to 2003.                                                                                                             
                                                                                                                                
MS. NUDLEMAN answered yes.                                                                                                      
                                                                                                                                
SENATOR FRENCH asked what happened after 2003.                                                                                  
                                                                                                                                
MS.  NUDLEMAN   answered  that  the  law   changed  and  whatever                                                               
districts were  spending on pupil  transportation was  divided by                                                               
the average  daily membership  for each district.  She said  if a                                                               
district  was spending  $800 per  average membership  that became                                                               
the  district's  rate.  She  said each  year  DEED  multiplied  a                                                               
district's rate by  their average daily membership  and sent them                                                               
a check.                                                                                                                        
                                                                                                                                
SENATOR  FRENCH asked  if that  form of  funding persisted  until                                                               
today.                                                                                                                          
                                                                                                                                
MS. NUDLEMAN answered correct.                                                                                                  
                                                                                                                                
SENATOR FRENCH asked  if we were going back to  a system that was                                                               
more like the receipt reimbursement method.                                                                                     
                                                                                                                                
MS. NUDLEMAN answered correct.                                                                                                  
                                                                                                                                
8:44:30 AM                                                                                                                    
SENATOR STEVENS asked if districts had  to use other funds to pay                                                               
for transportation prior to 2003.                                                                                               
                                                                                                                                
MS.  NUDLEMAN  answered  no.  She  said  districts  received  100                                                               
percent reimbursement  prior to 2003. She  noted that per-student                                                               
allotment  funding  covered  school  districts  for  100  percent                                                               
reimbursement  during  the  five   years  after  2003.  She  said                                                               
districts had used other funds  to cover deficits during the last                                                               
three to five years.                                                                                                            
                                                                                                                                
CO-CHAIR MEYER asked if SB 182 would require DEED to add staff.                                                                 
                                                                                                                                
MS. NUDLEMAN  answered yes.  She said  DEED anticipated  adding a                                                               
position to assist districts.                                                                                                   
                                                                                                                                
CO-CHAIR  MEYER commented  that he  did not  have a  problem with                                                               
adding an individual  to save money in the long  run. He said the                                                               
Finance  Committee  would look  closely  at  the approximate  $64                                                               
million  required   to  fund   student  transportation   and  the                                                               
justification to add a program administer.                                                                                      
                                                                                                                                
8:47:27 AM                                                                                                                    
CO-CHAIR  THOMAS  responded  that  the  Finance  Committee  would                                                               
require  expert  explanation  on   the  approximate  $64  million                                                               
required for transportation.                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS moved to report CSSB  182( ), version E, from the                                                               
committee  with individual  recommendations, forth  coming fiscal                                                               
note(s) and letter of intent.                                                                                                   
                                                                                                                                
8:48:19 AM                                                                                                                    
CO-CHAIR MEYER said seeing no objection, CSSB 182(EDC) moved                                                                    
from the Senate Education Standing Committee. [The assumption                                                                   
was that Co-Chair Meyer removed his objection.]                                                                                 

Document Name Date/Time Subjects
Matsu SB 182 Testimony.pdf SEDC 2/24/2012 8:00:00 AM
SB 182
Work Draft 2.22.12.pdf SEDC 2/24/2012 8:00:00 AM
CSSB 182 (EDC)
Changes to CSSB 182.pdf SEDC 2/24/2012 8:00:00 AM
SB 182
SB 182 Letter of Intent.pdf SEDC 2/24/2012 8:00:00 AM
SB 182
FW SB 182.msg SEDC 2/24/2012 8:00:00 AM
SB 182
Public testimony on SB182.msg SEDC 2/24/2012 8:00:00 AM
SB 182