Legislature(2019 - 2020)BUTROVICH 205
01/30/2020 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 136 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 136-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
9:00:41 AM
CHAIR STEVENS announced the consideration of SENATE BILL NO.
136, "An Act providing for the establishment of public schools
through state-tribal compacts."
He stated his intent to introduce the bill and hold it for
further review. He called Mr. Lamkin to the table.
9:01:07 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, said SB 136 is significant
legislation that has an impact on the state's relationship to
federally recognized tribes in Alaska. He said he expects the
sectional to trigger a number of questions about the bill, but
this is a draft. It will take some work to put together the nuts
and bolts.
9:02:00 AM
MR. LAMKIN presented the sectional of SB 136.
Section 1:
AS 14.07.165(a) relating to the duties of the State
Board of Education, is amended to include the Board
adopting regulations associated with state-tribal
compact schools.
MR. LAMKIN said Section 2 is the core of bill. It sets up the
program and indicates the commissioner can enter into compacts
with federally recognized tribes through an application process
that is explained in some detail. That process begins with a
resolution passed by the governing body of a federally
recognized tribe. It has general provisions relevant to standard
contracting language and a new subsection, AS 14.16.310, that
specifies a state-tribal education compact (STEC) school will be
considered a school district. That t is a key component of the
bill. It puts some restrictions on compacts, consistent with
other restrictions for school districts, such as defining days
in session and holidays. These are consistent with existing
statutes and requirements for school districts, such as
following state board regulations.
Section 2:
AS 14.16.300, is established, State-Tribal Education
Compact Schools (STEC).
(a) The Commissioner of Education may enter into
compacts with federally recognized tribes (FRT),
through an application process.
(b) The application process must include a resolution
passed by the locally governing board of a FRT, and
include provisions for specific grade levels to be
taught, compliance, dispute resolution, recordkeeping
and similar standard terms of contracting.
AS 14.16.310: Specifies that a STEC school will be
considered a school district (SD) and must follow
existing statutory requirements as other SD's do for:
1. District Operations:
(a) defining the school term, days in session, and
school holidays School terms, days in session;
(b) miscellaneous provisions for SD's;
(c) follow state board regulations, unless the board
specifically exempts STECs from a regulation;
(d) authorizing school districts to establish and
participate in the services of a regional resource
center;
(e) requiring an annual audit;
(f) authorizing cooperation with other school
districts;
(g) prohibits employment of a relative of the chief
school administrator;
(h) prohibits discrimination based on sex or race in
public education.
2. Public School Funding and receipt and expenditure
of that funding:
(a) relating to student count estimates;
(b) relating to school operating fund balances;
(c) setting out the procedure for payment of public
school funding and imposing general requirements and
limits on money paid.
3. Teacher employment and retirement
(a) relating to sick leave;
(b) relating to the employment and tenure of teachers;
(c) relating to the salaries of teachers;
(d) relating to sabbatical leave provisions for
teachers;
(e) authorizing collective bargaining by certificated
employees, except with regard to teachers who are
administrators and except that the board may delegate
some or all of its responsibilities under those
statutes;
(f) regarding the teachers' retirement system.
4. Students and educational programs
(a) relating to educational services for children with
disabilities;
(b) establishing health education program standards;
(c) relating to bilingual and bicultural education.
9:05:10 AM
MR. LAMKIN highlighted that AS 14.16.320 says that schools may
not discriminate and must be open to everyone, but if a school
has more students than it can enroll, it can prioritize
enrollment federally recognized tribe members.
AS 14.16.320 specifies that a STEC school may not
charge tuition, with some exceptions for over school
age persons and extracurricular activities, and that
school admissions may not discriminate against race,
school age, or grade level. If a STEC school has
applicants that exceed their capacity, they may
prioritize enrollment of tribal members;
AS 14.16.330 establishes financial provisions for STEC
schools consistent with existing foundation formula
funding for a school district and for purposes of
applying for federal funding
AS 14.16.340 regards employees of the STEC as being
state employees and provides for employment
preferences for those who are member of a FRT.
Section 3:
AS 14.17.300(a), relating to the public education
fund, is amended to allow for appropriations to be
made to STEC schools.
9:06:51 AM
Section 4:
AS 14.17.400(b) in the instance of a shortage of funds
for public education, the department of education is
directed reduce school district funding on a pro rata
basis, amended to include a similar pro rata reduction
for STEC schools.
Section 5:
14.17.445 adds a new subsection to include funding for
STEC schools inside the foundation formula for
purposes of calculating its basic need
Section 6:
14.18.110(b) relating to anti-discrimination laws,
adds a new subsection to allow, in the event a STEC
school has applicants in excess of its capacity, to
prioritize employment and student enrollment firstly
to members of the FRT under the compact.
Section 7:
14.30.010(b), relating to compulsory school-age
attendance, and which has a number of exemptions from
compulsory attendance, is amended to include an
exemption for student enrolled in a STEC school.
Section 8:
14.30.186(a), relating to special education services,
is amended to include STEC schools being required to
provide such services to for children with
disabilities enrolled in the STEC school.
Sections 9-12:
AS 14.30.350(8), 14.43.849(5), 14.43.915(f)(2), AS
21.96.070(g)(1), are conforming definition references,
being amended to include STEC schools as being
considered a "school district."
Sections 13-14:
AS 23.40.200(c), relating to provisions under which a
union may strike, is amended to include a STEC school.
9:09:04 AM
Sections 15-16:
AS 39.35.160(c) & (d), relating to the retirement system,
is a conforming amendment to include both the employees of
a STEC school, and the STEC school as the employer, being
required to contribute to the retirement system
Sections 17-19:
AS 39.35.300(c), AS 39.35.310(c), and AS 39.35.330(d),
relating to the retirement system, are conforming
amendments to include STEC school employees as state
employees and contributing time served under the retirement
program.
Sections 20-21:
AS 43.20.014(g)(3) and AS 47.07.063(D)(3), relating to
Medicaid eligibility and education tax credits, are
conforming definition references, being amended to include
STEC schools as being considered a "school district."
Section 22:
Gives regulatory authority to the Dept. of Education and
Early Development (DEED) to help implement the STEC
program, and includes transition language to give DEED one
year to implement following its enactment.
CHAIR STEVENS said SB 136 is significant in that it represents a
major change to education.
9:10:24 AM
SENATOR HUGHES asked to hear the commissioner's perspective and
how he thinks this might help students.
CHAIR STEVENS pointed out that the commissioner is mentioned
several times and has a lot of responsibilities under the bill.
He called Education Commissioner Johnson to the table.
9:11:17 AM
MICHAEL JOHNSON, Ph.D., Commissioner, Department of Education
and Early Development (DEED), Juneau, Alaska, noted that the
Alaska Education Challenge that started several years ago
established five priorities. One is tribal compacting and that
conversation has been happening in the legislature, in the state
board, and in school districts across the state. He thanked
Senator Stevens for introducing the bill and agreed with Mr.
Lamkin that this legislation is a significant change in how the
state delivers public education. It is not a simple issue, but
what is simple is that Native people are ready, willing, and
able to provide an education for their children, possibly
through tribal compacting. He said he looks forward to hearing
from tribal leaders, school districts, families, and communities
about how this can help tribes take ownership of the education
for their children.
CHAIR STEVENS asked what the difference is between a tribal
school and a charter school.
COMMISSIONER JOHNSON replied tribal leaders will be able to
answer more fully but tribal compacting is a government-to-
government negotiation for how educational services will be
delivered.
SENATOR HUGHES asked why he believes this is necessary and
better than what the state has now and whether the governor
supports the concept.
9:13:52 AM
COMMISSIONER JOHNSON answered that the governor has been
exploring the issue independently and stated support for tribal
compacting during the Alaska Federation of Natives meeting.
Commissioner Johnson said the tragic achievement gap in the
state indicates that there is a need. Further, there is the
capacity, the will, and the inspiration in the Native community
to provide educational services to their children. This is what
the state has always said is needed in the system and tribal
leaders have said they're ready and willing and would like help
on this.
SENATOR HUGHES related that when she first became chair of the
Education she worked to get up to speed on the issues and was
troubled that things had not improved in the 20 plus years since
her children attended rural schools. She said she was looking
for reassurance that outside of the general feel-good concepts,
that the bill had accountability features to ensure that it
would shrink the achievement gap.
9:16:19 AM
COMMISSIONER JOHNSON replied he cannot guarantee that either
tribal compacting or the current public education system will
work for every student, but he can commit to work with the
legislature, school districts, and families to establish
policies that have proven to be effective and to provide and set
the conditions that are necessary for kids to learn. In terms of
tribal compacting, he said he starts with the assumption that
while he cares deeply about every student, it is the families
and tribes that care the most about their success. He expressed
excitement about the conversation and the specific ideas about
the conditions that will most likely lead to student success in
a tribal compact school.
SENATOR HUGHES asked if there was evidence from any other states
or reservations that show that a tribal compact school works
better for students.
COMMISSIONER JOHNSON replied he does not have any specific
examples, but Washington State, through the Bureau of Indian
Affairs schools, has done tribal compacting. He noted that Mr.
Lamkin indicated seven schools. He said someone from the
department and the tribes could give specific examples of tribal
compact schools that have worked, but he would point to the work
tribes have done with the health care system in the state to
improve health outcomes.
SENATOR HUGHES asked if tribal compacting allows a Native
corporation to help a school financially.
COMMISSIONER JOHNSON answered that he only knew that tribes have
access to funding that other entities may not have.
SENATOR HUGHES shared that she was concerned about the
preference piece and wondered if that would be discussed in a
Judiciary Committee hearing.
CHAIR STEVENS noted that the state should see how it is working
in Washington State since Washington is a few years ahead in
implementation. He added that as he understands it, tribal
compacting would be entirely voluntary.
9:21:18 AM
SENATOR COGHILL said the idea came up in the Alaska Education
Challenge and as he recalls, there were not many details but a
lot of the conversation about how to get local input and buy-in
into education. He said some of the questions the legislature
would watch are how a tribal group works as a school in a school
district and what the impacts are to make some people state
employees. He said the benefit that most people expect is that
it will come from home organically and yet dovetail with the
goal of excellence in education.
COMMISSIONER JOHNSON agreed with the characterization. He also
agreed with Senator Hughes that a lot of statements about tribal
compacting are feel-good statements and with Mr. Lamkin that it
will be a complex conversation. Changing the current system will
not be simple, but if the conversation is healthy and robust it
has a chance to improve outcomes, which everyone desperately
wants, he said.
9:23:50 AM
SENATOR COGHILL commented that tribal governance has been a
growing body of law but there are still some open questions. He
said it's important that tribes are willing to take on some of
the responsibility for education. He said legislators will be
interested in hearing how a tribal group might look at the
requirements in the bill. Legislators look at education through
the view of districts. Tribe members consider their tribal
group. How that intersects will be difficult. Making people
state employees for the purposes of retirement may be a reach
too far. The responsibilities and requirements may get too far
afield for tribal groups. The bill would create something new
between tribes and states. It is a worthy effort, but it is
brand new. The state has argued about whether Alaska has tribes.
Then funds started flowing for federally recognized tribes to
the benefit of Alaska in huge ways, as noted with health care.
His focus will be how to lift children the best way the state
can and how to grow a healthier community with better education.
CHAIR STEVENS said there was no intention of making tribal
schools anything less than what the state has in all other
schools. No fewer demands or requirements. He relayed that he
encountered someone who expressed love for this bill because
tribal schools will not have to have certificated teachers or
take all the tests the federal government requires, but that is
not true at all. He asked Commissioner Johnson to confirm that
there will be certificated teachers and there will be testing in
order to get federal funds.
COMMISSIONER JOHNSON replied that was his understanding of bill
through Mr. Lamkin's sectional analysis. SB 136 treats tribal
compacted schools as a school within a school district, under
the same policies.
CHAIR STEVENS said, "It's an enormous responsibility that tribes
will be taking on and if I were them, I'd be very, very cautious
because it's not easy. It's going to be a tough lift, but I
think we have to give them that opportunity if we can."
SENATOR HUGHES commented that she always goes back to the
student. She asked what checks would be in place and what the
oversight from the district would be.
9:28:14 AM
COMMISSIONER JOHNSON responded that if tribal compacted schools
are schools that function within a school district, the
accountability would not be different from what the state
currently has. The consequences for not having good outcomes
would be the same.
CHAIR STEVENS added that there is virtually a contract between
the commissioner and the tribal entity that has a closure date.
If things do not improve within that timeframe, there will be a
return to the old system. But everyone would be given a fair
opportunity to see if it would work.
SENATOR HUGHES pointed out that the committee is having this
discussion because the state has had schools that have been
failing for a while. She said SB 6 may help but it is a concern
to talk about potentially shifting back to what is not holding
schools accountable now. She said that is not the assurance she
is looking for.
CHAIR STEVENS asked the commissioner to compare tribal compacted
schools to Mt. Edgecumbe High School, which is not a tribal
school, but it is successful. His observation is that many
Native leaders today came from that program. While not exactly
what the committee is talking about, it is an example of a
school taking on responsibility and being successful. He noted
that Mt. Edgecumbe is also the commissioner's responsibility.
9:31:27 AM
COMMISSIONER JOHNSON explained that Mt. Edgecumbe is not a
tribal compact school, but what they have in common is that it
is a choice. Families or tribes would have an option about where
to send children. Mt. Edgecumbe represents a choice for families
throughout the state if a school in their community is not
meeting their needs or the families want a different experience
for their students. Tribal compact schools also would represent
a choice for parents.
SENATOR HUGHES asked if he had a sense of how many tribes are
interested.
COMMISSIONER JOHNSON replied he has no specific numbers, but the
interest has been growing. He cited meetings the Yupiit School
District has held and some legislative hearings, both of which
raised questions and highlighted complexities that will have to
be addressed. He referenced her statement that SB 6 may help
underperforming schools and pointed out that what to do with
schools that are not working is a complex question for not just
for tribal compacting but the entire system. Mt. Edgecumbe has
been one answer. Tribal compact schools could also be one.
9:33:53 AM
SENATOR COGHILL said the legislature is looking for
opportunities for everyone to help students learn so choices are
important. He said he's "game on" that the Native community has
said it is willing to step up and put a shoulder to this effort
and the compact is probably the best approach. He said he can
see a couple of places in the bill that the legislature will
struggle with, but it will be worth the struggle. He said that
when he raises questions about certain details, it is that he is
just trying to figure out how to make it work. It's not that
he's against the idea.
9:36:35 AM
COMMISSIONER JOHNSON pointed out that tribal compacting is not
just a reaction to an achievement gap or failure of the current
system. It's that tribes are interested in tribal compact
schools. He said he is inspired and eager for the committee to
hear from the tribes.
CHAIR STEVENS asked him to confirm that funding would be through
the foundation formula and that no additional large amounts of
money would be required to make this work.
COMMISSIONER JOHNSON answered that it would not be an increase
in the amount of money the legislature spends on education. It
would just be spending that money differently.
CHAIR STEVENS called Richard J. Peterson, President of the
Tlingit, and Haida Central Council, to the table.
9:38:16 AM
RICHARD J. PETERSON, President, Central Council, Tlingit & Haida
Indian Tribes of Alaska, Juneau, Alaska, thanked Senator Stevens
for putting the bill forward and having this conversation and
Senator Coghill raising good questions and stimulating healthy
dialogue over the years. Mr. Peterson said, "I am about
conversation. I think it starts with having these conversations,
having the courage to ask those tough questions, having the
courage to not want to sound offensive by asking hard questions,
but if we don't ask those, if we don't address those, we won't
make the important strides that we need to make."
MR. PETERSON shared that Tlingit-Haida is the largest of the 229
tribes in Alaska and probably among the 10 to 15 largest in the
nation. If all the Tlingits and Haidas who lived in Washington
State were counted, they would be the largest tribe in
Washington. Tlingit-Haida has 32,000 tribal citizens with over
6,000 in Juneau.
MR. PETERSON said, "To say that we are vested in this is quite
the understatement. We do not want mediocrity, and right now
mediocrity might be an improvement. We are here. We want to
raise the bar. We want our students to be the highest achieving
students that they can be. And we also do not operate in a
bubble. So, when we talk about our students, we really want all
students to rise up together and to be the best versions of
themselves and have the best opportunities for that."
MR. PETERSON said he come from one of the smallest communities
in Southeast Alaska, Kasaan on Prince of Wales Island. He was on
the Southeast Island School District Board of Education for over
10 years and was chair for six years. The school district had
what were labeled Native and non-Native schools. "That always
chafed me a little, to be honest because I thought our interest
was all schools," he said.
MR. PETERSON observed that the tribal government, which brought
in more money and operated more services in his community than
other governmental entities, sometimes did things predominantly
for its citizens, but it tried to do things that lifted
everybody. His mantra is "healthy tribes make healthy
communities." Alaska has some of highest achieving tribes in the
nation. He said these tribes are cutting edge and provide
complex services to a wide array of people. They operate Head
Start, which is open to everyone, based on income. That program
has very stringent requirements, which demonstrates that tribes
can do this work. Their data shows that children who go through
Head Start are the highest achieving students throughout their
academic careers. Tlingit-Haida has that foundation to build
upon.
MR. PETERSON observed that compacting is a government-to-
government agreement to administer programs. It is a trust-based
relationship repeatedly upheld by the Supreme Court. He said
"When you talk about the things, Senator Coghill and Senator
Hughes, that I heard you mention, we're going to have to have a
trusting relationship. We are going to have to enter this with
our eyes very wide open, and we need to put all those issues on
the table. And I can promise you very little offends me. We have
to ask the hard questions and not hide behind not wanting to
offend anybody. It does become like Native, non-Native. I do not
operate in that way. Recognition of tribe's inherent authority
to serve our citizens. That is what our tribal sovereignty
stands on. . . Our sovereignty does not threaten state
sovereignty or municipal sovereignty. Sovereignty, to me, tells
me that we have the inherent right to work together, to govern."
9:43:46 AM
MR. PETERSON noted that he was pleased to hear Senator Coghill's
comments about land-based issues. Jurisdictional issues can be
divisive, but conversations and agreements about compacting will
solve those. Tlingit and Haida already executes federal compacts
with the Bureau of Indian Affairs on behalf of several
communities in Southeast, administering sophisticated programs,
such as TANF (Temporary Assistance for Needy Families),
employment and training, childcare, natural resources, and
economic development. Tlingit-Haida is unique in Alaska because
it is not an Indian Reorganization Act tribe. Tlingit-Haida is
enacted by an act of Congress. That sets it apart in a unique
way. It is also a regional tribe and the only actual regional
tribe in Alaska. There are regional tribal nonprofits that
operate by authority of village tribes, whereas Tlingit-Haida is
a tribe and does not need any other tribe's authorization.
Because of its regional nature, it does serve several tribes in
its communities as a compact tribe. It is the same thing that
Tlingit-Haida is proposing here, to operate and administer funds
on behalf of other tribes. It is a very important
responsibility, one of trust, which Tlingit-Haida has
demonstrated it can do.
MR. PETERSON pointed out that Tlingit-Haida already delivers
early care and learning services through Head Start. While Head
Start is not delivered through compacting, it is an education
program delivered in coordination with the state and federal
government. This is an example of how Tlingit-Haida might
partner to deliver education programming. The State of Alaska
supports local control. Tribal compacting is the epitome of
this. Tribes would exert that local control. When he hears
elected leaders in Alaska debate issues, one of the topics is
always local control. It does not get any more local than the
tribes with 10,000 years of history.
MR. PETERSON said tribal compacting has the potential to enhance
educational delivery. He brought up Kasaan as a community that
was split as far as Native/non-Native, but the tribe served the
school. At times, his tribe donated $30,000 to keep the school
open for every child, not just Native children, but for Kasaan
children. That is what tribes have demonstrated. The Indian
Health Service compact with the tribes in Alaska has been held
up as the most successful health compact in the nation. In their
communities, tribal groups are often the only health service and
do not segregate or turn people away. "That's the model. I think
that's demonstrated time and again that we're going to hold up
our communities. We want to raise the bar," he said.
9:47:59 AM
MR. PETERSON said everyone looks to children and families to do
all that can be done to enhance education. He is not satisfied
with what he sees. The commissioner's comments hit home.
Tlingit-Haida is not interested because the system is failing.
Still, Tlingit-Haida would be interested either way since it
wants to raise the bar. For various reasons, these communities
are not performing at the level they should. That includes
health, public safety, and many issues. The tribes have stepped
in to be part of the solution and they have a responsibility to
do so. That is something they can do and these tribes stand
ready to do that. The tribes have demonstrated that again and
again through the complex programs that they run now. These
tribes reflect the health and vitality of communities. His
saying that healthy tribes makes healthy communities means it
makes healthy Alaskans. On a personal note, he added that he is
a proud graduate of Mt. Edgecumbe, class of 1994. Many of his
classmates are leaders in the state, which was instilled in them
at Mt. Edgecumbe.
CHAIR STEVENS said he appreciated Mr. Peterson's comments and
leadership and hoped he would be involved as the legislature
moved ahead with the bill.
9:50:07 AM
SENATOR HUGHES thanked Mr. Peterson for his powerful testimony
and commitment to Native and non-Native students. She said she
understood that all health centers are now classified as
community health centers and do not turn anyone away. However,
when she and her husband, who ran the health clinic, first lived
in a rural community, some people had to fly to the city to
receive care. Her husband graciously decided that he would let
anyone come to the clinic to avoid the necessity of flying out
for care. At the time, the Native entity running the clinic was
very accommodating and gracious. Those open arms and welcoming
stance paved the way for all clinics to accept everyone in the
village as patients, which is the right thing to do. She said
Mr. Peterson's testimony points to schools having the same open
arms. She offered her belief that everyone is enriched by having
experiences with people from different backgrounds.
CHAIR STEVENS expressed appreciation for Mr. Peterson's and the
commissioner's comments. Tlingit-Haida and the department are
not just interested because schools are failing but to help the
system to move forward, to incorporate what tribes would like
schools to offer. He characterized this an important issue.
He called Ms. Singh to testify.
9:52:37 AM
NATASHA SINGH, General Counsel, Tanana Chiefs Conference,
Fairbanks, Alaska, explained that tribal compacting is when the
government and the tribe enter into a legal agreement, whereby
the tribe takes over the duty of the government to provide a
specific service. Compacting with tribes is not new to Alaska.
For 26 years, Alaska tribes and tribal organizations have
compacted with the federal Indian Health Service. Tanana Chiefs
Conference (TCC) is a cosigner to the Alaska compact with the
Indian Health Service and a cosigner with the Bureau of Indian
Affairs compact. Through these compacts, TCC delivers services
related to natural resources, realty, transportation, and
medical and dental health care to tribal members and villages in
the most appropriate, cost-effective, and community-responsive
way.
MS. SINGH asserted that tribal health organizations have
demonstrated success in health care, specifically by reversing
health care disparities at a higher rate than the Indian Health
Service. Tribal health organizations own their own data, study
it, and work with communities to address issues, whether it be
patient travel, provider visits, facility maintenance, and most
importantly, prevention of disease. Tribal health organizations
demand quality for their people. In Fairbanks, the Chief Andrew
Isaac Health Center is able to recruit and retain the best
providers in Fairbanks and train them in culturally appropriate
care and communication. Tribal health organizations have learned
that despite the best medical education, medical care is not
effective if not done in a way Native people are responsive to.
MS. SINGH related that federal law in the past prohibited tribal
health entities from delivering health services to non-Natives.
Tribes saw this as a hindrance to delivering community health
and advocated in Washington, D.C., to change this. Now providers
are able to see nonbeneficiaries in tribal clinics. In Tok, the
clinic sees more nonbeneficiaries or non-Natives than Natives.
The comments from non-Natives have been eye opening, showing how
effective tribal entities are in providing health care services.
TCC also provides services to non-Native veterans. She said TCC
understands that the standard health care model must be tailor-
made for each community.
9:56:46 AM
MS. SINGH added that tribal compacting for education has this
same potential. As tribes have enhanced health service delivery,
tribes have the potential to enhance education delivery. As with
so many other programs, the underlying legal authority for the
implementation and the details of how it will work have
everything to do with its potential for success. Federal
compacting relies on the federal Indian Self-Determination and
Education Assistance Act, which provides the authority and
mandate for legal agreements between the two parties. TCC
strongly recommends that the state legislature pass a similar
state statute to dictate state-tribal compacting.
9:57:51 AM
MS. SINGH said long-term outcomes with Alaskan Native children,
as with all children, are vastly improved when they are raised
in the embrace of family and community. Partnering with tribes
to deliver education can re-establish a sense of ownership and
pride in the public education system with the potential to
improve educational outcomes. Through education tribal compacts,
tribes hope to retain teachers, implement Native languages,
reduce costs through administrative services and community
planning, engage students, and reverse education disparities for
rural and Native students. Some schools are in a state of
constant flux because outside school districts manage their
affairs. By retaining local management of schools, tribes can
better integrate and train teachers for local conditions to use
local opportunities in concert with the tribes. Tribes can also
develop teacher training programs for people from their
communities, similar to the health aide and tribal administrator
programs. Tribal compacts and management of schools can help
local education be more responsive to the state of Alaska Native
language emergency declaration by directing resources and having
a long-term vision. Native languages are proven to engage
students in all realms of curriculum.
MS. SINGH pointed out that tribes and tribal health
organizations already have accounting, human resources,
information technology, and legal staff. Savings will come from
eliminating duplicate services at school administrative centers.
Those savings can be passed on to classrooms. She envisioned
that once tribes are in charge of the schools that the community
and school plans will become one. The tribes can implement a
more holistic and comprehensive planning for such things as
capital improvement and social determinants of education.
Communities will have a greater sense of ownership of the
schools, their activities, and successes. Under the tribal
compact model, students will own the schools and can be taught
to take care of the institution in new ways. Under the current
model, a far-off school district or state entity owns the
schools. Tribes stand ready to work with the state and
legislature to design systems that will allow them to work as
partners and improve educational outcomes for children.
10:01:09 AM
CHAIR STEVENS said Ms. Singh caught his attention when she spoke
about current programs to train health aides and tribal leaders.
He asked whether compacting would create opportunities for
students in villages to become teachers in their communities.
10:01:42 AM
MS. SINGH replied, "Absolutely. We believe that this will be key
to success. And really, it is likely a reason why our rural
schools and schools across Alaska have struggled. It's because
we lack Native teachers." Historically, when the University of
Alaska programs have focused on training Native students to
become teachers, these students achieved success. As tribes
implement tribal compacts at schools, it is important to
implement a training program through the University of Alaska to
ensure a diverse faculty for tribal schools. The state needs
Native teachers, she said.
CHAIR STEVENS acknowledged that this is an important issue. The
state is facing a shortage of teachers and currently recruits
teachers from all over the country. Often, these teachers are
not satisfied because they were unfamiliar with the conditions
in rural Alaska. He said anything she can do to help would be
appreciated. He understands that could be an added impetus for
this program.
SENATOR HUGHES shared that she was thinking of the innovation in
the Native medical community not only with the health aide
program, but also with the dental therapist program. It is
viewed as a model and has been a game changer for dental care at
Native health clinics. That gives her hope that tribal compact
schools might try something that could be helpful to their
students.
CHAIR STEVENS asked Ms. Caouette from Legislative Legal to
comment about the question of discrimination.
10:05:48 AM
MEERA CAOUETTE, Legislative Counsel, Legislative Legal Services,
Legislative Affairs Agency, Juneau, Alaska, said most of this
bill is modeled on the statutes from Washington State for tribal
compacts.
CHAIR STEVENS asked what those factors are.
MS. CAOUETTE answered that the provisions amend existing law and
allow the tribal compact schools to prioritize employment from
the federally recognized tribes. If the school's capacity is
insufficient to enroll all students that apply, the school could
prioritize students from those tribes. It is not required but it
is allowed.
CHAIR STEVENS said that would be an issue that for the Judiciary
Committee.
SENATOR HUGHES asked whether DEED would need any extra staffing
or just use its current resources.
10:07:52 AM
HEIDI TESHNER, Director, Finance and Support Services,
Department of Education and Early Development (DEED), Juneau,
Alaska, responded that because the number of tribes that might
opt to do this is not known, the cost for DEED is indeterminate.
SENATOR HUGHES said the initial set up of a compact is work for
the department, but once it up and running, she speculated that
the requirements would be the same as for other schools. She
asked whether more staffing would be needed for setting up the
compacts or for the long term.
MS. TESHNER replied DEED would need staffing just as it does for
Mt. Edgecumbe, but without knowing the size of the school and
the number of kids and schools the cost is indeterminate.
SENATOR HUGHES said other than figuring out the compact, she did
not understand what the extra work is for the department. She
suggested that Ms. Teshner could talk to her about that offline.
MS. TESHNER answered that she would be happy to talk offline
about the issue.
SENATOR COGHILL related his understanding that federal compacts
in the health care system are not with federal employees yet
under this bill, the employees would be considered state
employees. He suggested that is something that legislators
should discuss. He said he is not opposed to compacting, but the
relationship is not like a charter school relationship. He
expressed concern that it could be difficult to manage. He also
wondered whether the state's role is only to have expectations
about outcomes or if it will be involved in management of the
schools.
10:12:23 AM
CHAIR STEVENS noted that the committee would look at the three
indeterminate fiscal notes at a later date. He asked if anyone
in the room wanted to testify and ascertained that no one wished
to testify.
SB 136 was held in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01_SB136_TribalCompacting_SponsorStatement.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |
| 02_SB136_TribalCompacting_BillText_VersionA.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |
| 04_SB136_Tribal Compacts_FiscalNote01_DEED_FoundationFormula.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |
| 05_SB136_Tribal Compacts_FiscalNote02_DEED_StudentSchoolAchievement.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |
| 06_SB136_Tribal Compacts_FiscalNote03_DEED_PublicEdFund.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |
| 07_SB136_TribalCompacting_Research_UAA-AK Native Studies Conference_April2013.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |
| 08_SB136_TribalCompacting_Research_Hirschberg_et al_Mind the Gap-Mind the Chasm.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |
| 03_SB136_TribalCompacting_Sectional_versionA.pdf |
SEDC 1/30/2020 9:00:00 AM |
SB 136 |