Legislature(2021 - 2022)BUTROVICH 205
02/11/2022 09:00 AM Senate EDUCATION
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| Audio | Topic |
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| Start | |
| SB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 34 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
9:02:08 AM
Chair Holland announced the consideration of SENATE BILL NO. 34
"An Act providing for the establishment of public schools
through state-tribal compacts." He stated that the committee
worked with the Alaska Native community during the interim to
ensure the bill would be successful. The Department of Education
awarded grants to the Alaska Native Foundation and the Cook
Inlet Tribal Council to help determine the best path to
achieving state-tribal compacts.
9:02:58 AM
JULIE KITKA, President, Alaska Federation of Natives (AFN),
Anchorage, Alaska, stated that AFN is Alaska's largest Native
membership organization. The organization represents Alaska
Native people, institutions, federally recognized tribes, tribal
consortiums, and village and regional corporations. She stated
that she supports SB 34, which would give the Commissioner of
Education the authority to do a tribal demonstration compact
project for Alaska Native students for five years. The
demonstration project will require a meeting of the minds
between the Native people and the Department of Education. SB 34
does not overturn or reform education. It does not take away the
state's power. It will promote innovation, utilization of
technology, and empowerment to accomplish more by the people
involved in education. The compact would be a hybrid with the
legislature empowering the commissioner to do the demonstration,
while AFN would be asking the Secretary of Education to step up
its federal trust responsibility efforts. She stated that her
agreement with the commissioner would be contingent on the
protection of federal trust responsibility and receiving federal
government support.
9:07:16 AM
MS. KITKA requested that the committee review the white papers
"The Transformational Education Post Pandemic: A Path Forward"
and "The Origins, Meaning and Future of Indian Self-
Determination." The papers provide insight into federal trust
responsibility and the roles that the state and federal
governments played in Alaska Native education. The goal of SB 34
is to move forward with bright, innovative people and ideas to
benefit the education of Native children and leave past
educational experiences behind.
9:08:29 AM
Senator Lisa Murkowski chaired a field hearing in Anchorage to
gather input for the February 24 Senate Indian Affairs Committee
meeting in Washington DC. The hearing addressed achieving better
educational outcomes for Native students. AFN asked the
Solicitor to enter on the record what the Department of
Interior's legal authority is to accept money regarding Alaska
Native education compacting. Opportunities slated to happen in
Alaska have created a sense of urgency to move forward with SB
34 and not wait for direct federal authority from Congress.
9:10:25 AM
MS. KITKA stated that central to the project's success would be
the ability to work side by side. The state would not give up
any power over education. The state would decide the size of the
demonstration project and who participates. The role of AFN
would be to set the legal foundation for maximum success.
9:11:30 AM
CHAIR HOLLAND asked if the project would have virtual learning
and brick and mortar components.
MS. KITKA replied all options are open. She clarified that the
term hybrid referred to grafting additional federal resources to
state resources. No other state resources are requested. The
state is only asked to allow the demonstration project to happen
so that federal research can be included. She added that the
idea is for the project to take advantage of the federal
infusion of funds for broadband and e-learning. She noted that
two areas that would need to grow with the project are teacher
certification and incorporating indigenous knowledge into the
curriculum.
9:12:54 AM
SENATOR BEGICH stated that in 2010 a pilot program for Pre-K was
started. Gathering evidence to show that it was successful took
years. He asked what outcomes AFN and DEED hope to see and what
targets have been discussed to determine whether the compact
schools were successful.
MS. KITKA stated that the outcomes had not been specified as a
checklist. She explained that the federal government uses two
effective mechanisms to move resources to Native communities.
They are contracting and compacting. Compacting is a funding
mechanism that has been shown to improve efficiency and
accountability. The success of compacting has resulted in the
Bureau of Indian Affairs (BIA) having mature compactors. Mature
compactors have years of success in passing audits.
9:16:36 AM
MS. KITKA said there are multiple types of compacts, ranging
from just one tribal village to all tribes statewide. Compacting
is a mechanism, and the outcome will demonstrate the results
achieved by teaching from within a culture. It is not about
courses that teach aspects of a culture. It is an education
system that starts within a culture and then moves outward. She
stated that First Alaskans would offer two webinars by Dr.
Graham Smith, an education professor from New Zealand, who
addresses transformational education. SB 34 provides an
opportunity to demonstrate, prove, and show the value of
embedded cultural education over five years.
9:19:14 AM
CHAIR HOLLAND remarked that it is bold to give the project just
five years.
SENATOR BEGICH agreed that five years might not be enough time.
He noted that Mt. Edgecumbe was mentioned twice during the
meeting and questioned whether it would be a good demonstration
school.
MS. KITKA replied that Mt. Edgecumbe was only mentioned because
the school had expressed interest, and it fit the example of an
all-tribal compact negotiation. She suggested that one school
per region might be a demonstration school or about ten schools
total. She is not prejudging how many schools or which schools
would participate. She mentioned that organizations with mature
compactors might prove helpful to nearby demonstration schools.
9:22:47 AM
At ease.
9:24:20 AM
CHAIR HOLLAND reconvened the meeting
9:24:43 AM
SENATOR HUGHES stated she is aware of the importance of schools
in rural communities and is open to the demonstration project.
Education changes lives, and students should not be robbed of
opportunities to succeed. Alaska's broadband expansion would
impact economies in rural Alaska, potentially bringing in
outside workers. She asked if compact schools would accept non-
native students.
9:26:57 AM
MS. KITKA replied yes because rural communities can be diverse.
She reiterated that compacting is a funding mechanism for
decision-making, stretching resources, and fostering innovation.
CHAIR HOLLAND interjected that it would also avoid duplication
of effort for a small community.
9:27:28 AM
SENATOR HUGHES stated she likes that it is inclusive of the
community and asked how state educational standards would be
applied to compact schools.
MS. KITKA answered that the educational standards taught would
be decided in negotiation between the tribe and the Commissioner
of Education. The nature of the demonstration would be to learn
from within the culture. There would need to be conscious
decision-making and responsible efforts from both the tribe and
the state.
9:29:16 AM
SENATOR BEGICH commented that one aspect of the reading bill [SB
111] was to build from the inside out, making it compatible with
tribal education compacting.
SENATOR HUGHES stated that the committee should consider having
statutes that limit a commissioner's free reign in decision-
making. A change in commissioner could negatively impact the
work done by the previous commissioner and tribes.
9:31:13 AM
MS. KITKA stated AFN has much experience working with the BIA,
Indian Health Services, and compacting. All who have worked with
compacting feel it should be tried. Compacting is a proven
effective model. It provides people ownership over tasks and
pride in their work. She invited committee members to submit
testimony to the federal hearing and mentioned that tribal
education compacting has the support of the Secretary of
Education.
9:35:56 AM
JOEL ISAAK, Project Coordinator and Tribal Liaison, Department
of Education and Early Development (DEED), Kenai, Alaska, stated
recent conversation on education compacting arose from Alaska's
Education Challenge, so the vision, purpose, and mission of the
two projects are aligned. It also brought together stakeholders
to determine the desired outcomes for Alaskan students.
9:37:06 AM
MR. ISAAK advanced to slide 4 and stated that four strategic
priorities are embedded in Alaska's Education Challenge. The
fourth is to "Inspire tribal and community ownership of
educational excellence." A committee was formed to address this
priority, it reached a sole determination to "Create the option
for self-governance compacting for the delivery of education
between the State of Alaska and Tribes or tribally-empowered
Alaska Native organizations," and the State Board of Education
adopted it.
9:38:14 AM
MR. ISAAK said that the State Board of Education formed a
compact committee to support its determination. The committee's
mission statement was to "Support Tribal Compacting by
identifying and developing regulations that support the efforts
of Tribes throughout Alaska." The State Board of Education
cannot create statutes, but it can assist in implementing
educational tribal compacting by having supportive regulations.
SENATOR HUGHES asked if a future administration could remove the
regulations and if it would be better if some regulations were
made statutes.
9:40:48 AM
RICHARD AGNEW, Outside Counsel, Van Ness Feldman, Alaska
Federation of Natives, Federal Way, Washington, replied that
generally, it is true. Compacts are government-to-government
agreements that typically include a provision for negotiating
change. So while a commissioner could negotiate for change, both
governments would need to agree to effect change.
9:42:53 AM
SENATOR HUGHES asked if any federal laws would need to change to
progress from a demonstration project to permanent
implementation.
MR. AGNEW replied that compacting exists under the [Indian Self
-Determination and Education Act of 1975]. Compacting started as
a demonstration project and then became a statute in 1977. He
stated his belief that federal law would not need to be changed.
The Department of Interior has existing authority to take the
Department of Education federal money and put it with state and
tribal funds for compacting purposes. The federal government is
interested in compacting because it avoids duplication of
programs.
9:45:15 AM
SENATOR BEGICH asked that tribally empowered Native
organizations be defined.
MS. KITKA deferred the question but added a draft addressing the
definition is pending.
9:46:21 AM
MR. AGNEW replied that a tribally empowered Native organization
is an organization that has been given a level of authority by a
federally recognized tribe to act on its behalf. It is
beneficial for smaller tribes as it allows tribes to form a
broader federally recognized group and provides a way to
leverage resources.
9:47:54 AM
SENATOR BEGICH stated that when he worked for Cook Inlet Tribal
Council, he handled contracts with Chickaloon and Knik tribes.
Those two tribes gave some of their tribal health authority to
Cook Inlet Tribal Council, which may not be a federally
recognized tribe. He asked if this is an example of a tribally
empowered organization.
MR. AGNEW replied that is a perfect example. He commented that
for 150 years, federal law keyed to the sovereign status of
federally recognized tribes. Sometimes federal law
differentiates between federally recognized tribes, tribal
organizations, and Alaska Native Corporations. Broadening to
tribally empowered organizations allows status to be leveraged.
9:49:05 AM
MS. KITKA clarified that Tlingit and Haida is one of two
federally recognized regional tribes in Alaska.
MR. ISAAK added that the terminology used to empower an
organization is tribal resolution. A tribe's government passes
an official communication by vote. It is signed by a tribal
authority, such as an executive director, president, or chair of
the tribal council. Signing makes it an official government
notice that the tribe identifies the specified entity as having
authority to perform selected services on its behalf.
9:50:58 AM
MR. ISAAK advanced to slide 6 and stated that compacting is a
government-to-government agreement that allows the funds to be
transferred and services rendered.
He stated there are different ways tribes are considered
governments. A political subdivision is a legal term sometimes
used to describe tribal governments. For example, the IRS
considers tribes to be political subdivisions for tax exemption.
Other governments may also be referred to as political
subdivisions, such as cities or municipalities.
MR. ISAAK said that self-determination allows for creativity and
innovation. It will enable a tribe to do what is best for its
people by its people. In the past Native children were captured
and taken to boarding schools, which is the opposite of self-
determination. Self-determination is very different from that
horrific experience not so long ago.
9:53:52 AM
SENATOR BEGICH agreed that self-determination is important.
Compacting schools would allow self-driven control over destiny
versus imposed control.
MR. ISAAK said that AFN has been helping DEED identify relevant
state laws and regulations using COVID funds. Alaska has limited
experience working with the federal government regarding federal
trust responsibility. In addition to working with AFN, DEED has
spoken to tribal leadership, school boards, superintendents,
principals, and teachers' associations to determine the
processes that need to be in place. Tribes stated they want top-
quality programs, efficiency, and rigorous quality assurance.
9:56:51 AM
MR. ISAAK moved to slide 8 and said he cold-called every tribe
in Alaska and created a spreadsheet of the tribes' capacities
and infrastructures. Calling gave perspective to the various
needs, concerns, and considerations of the tribes.
SENATOR HUGHES asked if the plan had received recipient input
and, if so, what it was.
9:58:51 AM
MS. KITKA replied that AFN had not done outreach to families.
Its role is to lay out the legal and foundational work to keep
education tribal compacting moving forward in a reasonable and
responsible way. It has identified that additional authority
needs to be delegated to the commissioner, and clarification is
needed from the federal government on moving money to the
Department of Education for compact funds.
SENATOR HUGHES asked if grassroots community engagement would be
part of the plan.
MS. KITKA replied that she would love to have grassroots
engagement. The point of tribal education compacting is to
create caring through ownership and bring together people and
mechanisms to achieve it.
10:00:32 AM
SENATOR BEGICH asked if SB 34 would give the commissioner the
needed authority.
MS. KITKA replied yes. SB 34 is the legal authority needed to
advance compacting. SB 34 gives broad delegation to the
commissioner for the demonstration project so that he is not
micromanaged.
10:01:45 AM
BERNADETTE YAAYUK ALVANNA-STIMPFLE, Director, Eskimo Heritage
Program, Kawerak Inc., Nome, Alaska, stated she was hired in
2010 by the Eskimo Heritage Program to work on Inupiaq language
revitalization. She worked in Nome public schools as an educator
for 25 years specializing in second language learning in
children. She read from her script:
[Original punctuation provided.]
Let me begin by thanking the distinguished members of
this Committee for the opportunity to be here today.
My name is Bernadette Yaayuk Alvanna Stimpfle and I
serve as the Chairwoman of the Alaska Native Language
Preservation and Advisory Council and the Director of
the Eskimo Heritage Program at Kawerak Inc., a
regional tribal social services non-profit in the
Bering Strait region with twenty Tribal Councils.
I was born in Nome, Alaska in 1955 right before Alaska
became a State. Our State is as young as I am and the
opportunity for partnership before us is one that will
make a difference for generations to come. The urgency
to pass this bill during this legislative session will
chart Alaska on a new course. The consequence of
inaction is the failure of another generation of
Alaskans. My tribe, the King Island Native Community
is ready to compact tomorrow.
I appreciate the leadership of Governor Dunleavy,
Commissioner Johnson, and Senator Stevens for moving
the ball forward to improve educational outcomes for
Alaska children. Presidents Nixon and Reagan who
advanced the policies of Native Self Determination in
the United States laid the foundation for tribal
compacting. Recognizing it is the responsibility of
parents and communities to ensure the success of
Native children, this bill today, will establish a
pathway for the educational success of Alaska.
You can have faith that when afforded the opportunity
to improve education, we are ready. Across Alaska,
there is a history of demonstrated success. From the
North Slope, throughout Interior, along Western Alaska
and the Aleutian Islands, to here in Southeast, our
Native knowledge systems are alive. Our languages are
alive in the schools. In our elders and in our adult
speakers in our communities. Our children are
beginning to speak our languages.
10:04:54 AM
MS. ALVANNA-STIMPFLE interjected that there are very successful
immersion schools, and the students can transfer Native language
knowledge to all of their subjects in English. She continued
reading:
I can tell you from experience how Alaska Native
students learn. As a former elementary school teacher,
I have observed how students learn, how students
engage, how students thrive, and shared love when
there might be turbulence in the home. In fact the
success of Native education was studied in a projected
sponsored by the Alaska Federation of Natives and the
National Science Foundation, through the Alaska Rural
Systemic Initiative.
10:05:40 AM
MS. ALVANNA-STIMPFLE added that she was involved in the project
and represented the Bering Strait region. She continued reading:
This initiative brought together Native teachers from
all across our State. I'd like to recognize our
"pioneers in Native education, Jana Harcharek
originally from Utqiagvik, Nita Rearden originally
form Kotlik, Esther Ilutsik form Dillingham, Lolly
Carpluk originally from Mountain Village, and the many
Native educators and Elders who have invested their
time to ensure the next generation of Alaskans are
connected to our lands.
In Bethel and Kotzebue, immersion schools are teaching
children to speak, read and write in Yupik and
Inupiaq. The Lower Yukon Kuskokwim School District is
establishing K-12 Social Studies and Science
curriculum based in the Yupik language. Cook Inlet
Tribal Council has improved Alaska Native graduation
rates in Anchorage. The North Slope Borough School
District has had a robust Inupiaq Education Department
providing instructional support and curriculum
development centered in our culture and our language.
The fact is when schools implement Native ways of
learning in the subjects of Reading, Writing, and Math
not only do standardized testing outcomes improve, but
those students become confident and productive people
in our communities and Alaska society. Alaska Native
students are grounded in their identity. They know who
they are and where they come from.
10:07:18 AM
MS. ALVANNA-STIMPFLE interjected that during the Alaska Rural
Systemic Initiative, she and her colleagues learned from Elders
that Alaska Native people live a subsistence lifestyle. This
lifestyle involves a lot of math, science, and art. Therefore,
students' education should occur within their natural
environment. She continued reading:
When Alaska Native children are grounded in their
identity, they become productive members of their
community and in our State. The school system provides
an environment where the values, discipline and
expectations of Alaska Native cultures are the
foundation of the school.
Our State has a foundation for culturally relevant
standards on how to engage students that are adaptable
to local needs, which are in the Alaska Standards for
Culturally Responsive Schools. The next steps in local
control of our schools is compacting with our tribes
and tribal consortiums. This bill recognizes local
control the way Alaska Native communities exercise
local control, through our tribes and tribal
organizations.
With this bill, Alaska will be the cutting edge of
excellent education by recognizing and acknowledging
Alaska's first people. We are capable of educating our
children, to prepare them for their future. It is time
for our State to build good history with our tribes.
We all call this beautiful State home. We know how to
be good neighbors in good working relationships. This
bill will prepare our children for the Alaska
workforce. We have seen the success of the Alaska
Native Science and Engineering Program in delivering
generations of Native engineers that continue to work
in the oil and gas sector, or designing water and
sewer systems. This bill will ensure Alaskans are
working in fields that drive our Alaskan economy.
Again, I want to thank all of those working in the
tremendous bill. Quyaanavak, iliganamiik.
10:09:39 AM
SENATOR BEGICH said that culturally responsive school standards
written in the 1990s are outdated. He asked if AFN would be
interested in making them more relevant.
MS. KITKA replied that the standards were developed during a 10-
year partnership with the National Science and Annenberg
Foundations. It was a massive undertaking. Through the Rural
Systemic Initiative, AFN had partnerships with 23 school
districts, the State of Alaska, and the University of Alaska,
Fairbanks (UAF). AFN gave the administration a list of items to
be addressed, such as Arctic research. There was also a hunger
for more people to get involved. AFN is receptive to updating
the standards. However, the role of AFN would be to connect
people that have credible skill sets.
SENATOR BEGICH agreed that the wonderful role of AFN was to
reach out and bring people together. Alaska Native legislators
and others have asked for the standards to be updated.
10:12:49 AM
MS. ALVANNA-STIMPFLE stated that during a three-year project
with the Inuit Circumpolar Council, she met people from Canada,
Russia, and Greenland. They discussed the difficulty of
instilling culturally responsive standards into schools when the
language necessary to teach the standards was environmental
engagement.
10:14:37 AM
DIANE HIRSHBERG, Director, Institute of Social and Economic
Research, University of Alaska, Anchorage, Anchorage, Alaska,
stated she was speaking from her personal experience as an
education researcher and that her comments and views represent
only herself. She said she had worked 19 years at UAA but had
been researching educational equity and policy issues in Alaska
for 30 years. Reports show that 60 years after statehood, Alaska
schools continue to show systematic failure to meet the needs of
most indigenous students. However, the data does not explain
why. She opined that the problem was not the abilities of the
students and teachers. At fault was a curriculum, calendar,
pedagogies, and epistemologies developed by people outside
Alaska.
MS. HIRSHBERG stated that when she and her colleagues looked at
schools and systems that work for indigenous youth, whether in
New Zealand, Hawaii, Canada, or Bethel, the common factor was
local school ownership. She found that education systems that
emerged from and reflected the community led to better
educational results. She gave an example of the consequence of
an imposed system. Visiting a new school in an Interior
community, villagers told her that the school was not theirs
because the children could not play on a playground with a chain
link fence surrounding it. Ownership is necessary to create
robust learning opportunities and outcomes in rural schools.
10:17:20 AM
MS. HIRSHBERG noted that rural schools struggle to attract and
retain educators, and Alaska's universities do not provide
enough teachers to meet the state's needs. Educators from
outside must adapt to living and working in a place different
from what they are accustomed to. This contributes to high
turnover, which correlates to lower student achievement.
Teachers want to feel successful, but a vicious cycle where high
turnover requires communities and students to repeatedly rebuild
relationships and trust with educators is tiring.
Some attempts at change have been grounded in Alaska Native
cultures, languages, and pedagogy, but sustained widespread
transformation has not occurred. For example, adopting the
Alaska Cultural Standards has not been implemented statewide.
MS. HISHBERG concluded that the status quo has not worked and
something else should be tried because all students should be
equipped with skills and knowledge to choose for their future.
She stated it needs to be acknowledged that critical learning
and knowledge transfer happen both inside and outside of a
school building.
10:18:54 AM
While there are no definitive answers to accomplish educational
tribal compacting in Alaska, evidence indicates that student
learning improves when schools reflect local culture and
teaching methodologies. When UAA offered the Alaska Partnership
for Teacher Enhancement program, non-Indigenous teachers
reported that the training in Native methods of teaching and
learning better equipped them to meet the needs of students.
This is because place-based active learning is more engaging
than static classroom learning. The prospect of a demonstration
project on tribal compacting is exciting. However, there needs
to be a commitment that, if successful, it will be a sustained
investment.
10:19:55 AM
MS. HIRSCHBERG quoted from a forthcoming publication she co-
authored with Edward Alexander and Douglas Cost:
We support people working towards a more holistic and
community-minded approach to schooling. But, to truly
achieve this, the schools need to belong to their
communities and reflect their communities and not look
like schools from thousands of miles to the south that
exists within an entirely different context and
cultures. And yet, we are not arguing for the
elimination of Western schooling. Schools must prepare
young people to have a choice when they reach
adulthood of being successful wherever they choose to
be, whether in their home village, at a university, or
working in a job fifty, one hundred, or three thousand
miles from home. Some will argue against the state
relinquishing control of rural schools, but given that
little progress has been made toward fixing the
schools, and the multi-generational impacts on rural
communities, schools, and students, from decades of a
system that created deep and constant failures,
shifting the locus of control is likely the only way
to achieve the needed changes and outcomes. If tribal
schools are to succeed, however, we must provide
scaffolding and resources so that communities can
enact genuine self-determination in education.
MS. HIRSHBERG stated she was glad to hear COVID recovery funds
could be directed towards the demonstration project and is
hopeful it will not be a lost opportunity.
10:21:54 AM
MR. ISAAK gave his correct phone number and said that the
demonstration project was very doable because preparations have
been ongoing for decades. The Department of Education was also
supportive. There is a grassroots effort, and many people call
his office daily, wanting to be involved. The commissioner must
be authorized to enter compacts with tribes to move forward.
There must be clear identification of dependable funding,
academic accountability, and fiscal accountability.
10:25:17 AM
SENATOR BEGICH stated that education is one of the largest areas
of responsibility as a legislature. There was collaboration on
many initiatives. He indicated his desire that SB 34 be moved
forward along with the other initiatives to benefit Alaska's
children.
10:27:45 AM
10:27:38
MS. KITKA said an annual convention brings together about 5000
leaders. The meeting is broadcast through live radio and
internet streaming. There will be intense interest in the
demonstration project and excitement at the grassroots level as
it is viewed nationwide and internationally. She stated that the
department and AFN are willing to report on the project's
progress every year. SB 34 is a historic seed change that would
empower the Native people to take ownership over education.
10:29:23 AM
CHAIR HOLLAND held SB 34.