Legislature(2003 - 2004)

05/07/2003 09:01 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 202                                                                                                        
     "An Act relating to school transportation; relating to the                                                                 
     base student allocation used in the formula for state funding                                                              
     of public education; and providing for an effective date."                                                                 
                                                                                                                                
                                                                                                                                
This was  the first  hearing for  this bill  in the Senate  Finance                                                             
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken stated  that the Senate Finance Committee  sponsors                                                             
this legislation. He shared that  this legislation would change the                                                             
methodology  of  the grant  program  that  the  State has  used  to                                                             
reimburse K-12  public education  school districts for  local pupil                                                             
transportation expenses. In addition, he stated that the bill would                                                             
increase  the per  student base  allocation funding  to $4,169,  an                                                             
increase  of $159 per  student, by  absorbing Learning  Opportunity                                                             
Grants  that  total   $2.2  million  into  the  student   education                                                             
foundation formula.  Co-chair Wilken  suggested that the  Committee                                                             
address these two bill components separately.                                                                                   
                                                                                                                                
JOHN ALCANTRA,  Government Relations  Director, National  Education                                                             
Association of Alaska  (NEA-Alaska) stated that the  State's 12,700                                                             
public school employees  who belong to NEA-Alaska realize  that the                                                             
Committee's recently adopted operating budget bill is contingent on                                                             
the two issues addressed  in this bill. He voiced appreciation  for                                                             
the Committee's  efforts toward  increasing the  level of  the base                                                             
student allocation  funding which he declared would  provide school                                                             
districts  "stability of funding  and help them  reach some  of the                                                             
requirements of the State (Education) Standards."                                                                               
                                                                                                                                
Mr. Alcantra voiced appreciation for the $159 per student increase,                                                             
but announced that NEA-Alaska's  "ultimate" base student allocation                                                             
goal  is $4,280  per student.  He  communicated  that according  to                                                             
nationally recognized business  research [not provided], the $4,280                                                             
funding level would assist school districts in addressing projected                                                             
"one-year  inflationary costs  and just one  year of unmet  needs."                                                             
Continuing, he informed the Committee that this research recommends                                                             
a five-year phased in increase of $365 per student, plus additional                                                             
funds to address  the inflationary erosion of funding.  However, he                                                             
stated, that in recognition  of the State's fiscal  situation, NEA-                                                             
Alaska is  limiting their funding  request to the one-year  funding                                                             
request of  $4,280 per student. He  stated that this request  would                                                             
cost the State an additional $23  million in FY 04 and would assist                                                             
in accomplishing the State's constitutionally mandated provision to                                                             
provide quality public education.                                                                                               
                                                                                                                                
Mr. Alcantra reminded  Committee members that the FY  03 budget was                                                             
based on a specific  crude oil barrel price along with  a specified                                                             
draw on the Constitutional  Budget Reserve (CBR). He  attested that                                                             
because the average price per barrel  for the initial ten months of                                                             
the fiscal year exceeded the specified price, the amount drawn from                                                             
the CBR account was  reduced. Therefore, he suggested  that some of                                                             
those CBR savings could be used to support the proposed $23 million                                                             
FY 04 funding increase  that would be needed to adequately  support                                                             
student education funding.                                                                                                      
                                                                                                                                
[NOTE: At  this point, a brief  and indiscernible dialogue  between                                                             
Senator Bunde and the testifier transpired.]                                                                                    
                                                                                                                                
Senator Bunde  asked whether a "guarantee  of results" such  as the                                                             
majority of  high school students  passing the State's  High School                                                             
Graduation Qualifying  Examination (HSGQE), could be  provided were                                                             
this funding request approved.                                                                                                  
                                                                                                                                
Mr.  Alcantra remarked  that  education standard  requirements  are                                                             
important. He stated that no guarantees could be provided to ensure                                                             
that all students,  including those identified by measures  such as                                                             
the federal  No Child Left Behind  Act, would pass the  high school                                                             
exit exam; however, he avowed that an appropriate education funding                                                             
level would assist districts in providing the most important aspect                                                             
of  an education  which  is  providing  quality  teachers,  quality                                                             
support professionals and other necessary resources.                                                                            
                                                                                                                                
Co-Chair Wilken mentioned  that Senator Bunde was one  of the prime                                                             
sponsors of the HSGQE legislation.                                                                                              
                                                                                                                                
BRUCE JOHNSON,  Representative,  the Alaska  Association of  School                                                             
Boards,  thanked  the  Committee  for  consolidating  the  Learning                                                             
Opportunity  Grants into the  total funding  allocated to  the base                                                             
student  allocation  formula as  it  would assist  school  district                                                             
funding. He testified that while the issue of flat funding remains,                                                             
it could be addressed at another time.                                                                                          
                                                                                                                                
Senator  Hoffman voiced concern  regarding  "the eroding floor"  of                                                             
unmet funding needs, as referenced  in the "Change to Floor" column                                                             
in the  Department's fiscal  note #1 analysis.  He noted that  were                                                             
this legislation  adopted, $1.4 million  would be allocated  toward                                                             
that eroding floor; however, he asked the Department to provide the                                                             
Committee with  the remaining "unmet"  funding need level  for each                                                             
school district.                                                                                                                
                                                                                                                                
Co-chair Wilken stated  that the Department of Education  and Early                                                             
Development  would address  Senator  Hoffman's  concern during  its                                                             
forthcoming testimony.                                                                                                          
                                                                                                                                
MARY   FRANCIS,  Representative,   Alaska   School   Administrators                                                             
Association, testified that the  administrators "add their voice to                                                             
those who support  the increase in the base student  allocation" as                                                             
it assists in addressing the funding "erosion" that has been taking                                                             
place. She  avowed that,  "this is a  more protected mechanism  for                                                             
raising the student allocation                                                                                                  
                                                                                                                                
Co-Chair Wilken stated that this  concludes the testimony regarding                                                             
the  base  student  allocation  funding.   He  specified  that  the                                                             
transportation component of the bill would now be addressed.                                                                    
                                                                                                                                
EDDY JEANS,  School Finance  Manager, Department  of Education  and                                                             
Early Development,  responded to Senator Hoffman's  "eroding floor"                                                             
question  by  stating   that  the  Department  would   develop  and                                                             
distribute to Members a schedule  that would reflect "the remaining                                                             
balance of the supplemental  funding floor" were this  bill to take                                                             
effect.  He   estimated  that,   were  this  legislation   adopted,                                                             
approximately $1.5 million could  be allocated toward the remaining                                                             
supplemental funding  floor balance of approximately  $9.5 million.                                                             
                                                                                                                                
Co-Chair  Wilken read from  a school  transportation cost  schedule                                                             
[not provided]  that denoted the  increase in pupil  transportation                                                             
expenses from FY  97 to FY 03. He stated that transportation  costs                                                             
in FY 97 amounted to $32.8 million  in general funds and a total of                                                             
$53.9  million in  general  funds in  FY 03.  He  stated that  this                                                             
equates  to an eleven-percent  increase  per year.  He stated  that                                                             
numerous options, such as awarding contracts, are being proposed to                                                             
address this expense.                                                                                                           
                                                                                                                                
Mr. Jeans explained  that currently the State reimburses  districts                                                             
for  transportation  expenses  according  to  specified  percentage                                                             
levels  that are determined  by such  things as  whether the  route                                                             
meets  the minimum  distance from  a  school or  meets the  minimum                                                             
number  of students  per route  requirements. He  pointed out  that                                                             
exceptions  are  currently  in place  to  allow  reimbursement  for                                                             
situations wherein a local school board might authorize a bus route                                                             
in an area that does not meet the  minimum distance requirement but                                                             
is deemed to have hazardous conditions.                                                                                         
                                                                                                                                
Mr.  Jeans stated  that,  in an  effort to  contain  transportation                                                             
expenses,  this proposal  would provide  a grant  to each  district                                                             
based on the  total amount of the  district's FY 03  transportation                                                             
expenses divided  by the number of students enrolled  that year. He                                                             
continued that the resulting number would be identified as the base                                                             
per student  dollar. This base  dollar amount, he continued,  would                                                             
then be multiplied  by the current  year's enrollment  to determine                                                             
the grant total, specific to that  district. He mentioned that were                                                             
the district  to lower its transportation  costs by, for  instance,                                                             
consolidating  routes, the resulting  savings could be used  by the                                                             
district for other purposes.                                                                                                    
                                                                                                                                
Mr.  Jeans  pointed  out  that,  even  though  the  Department  has                                                             
encouraged  districts to  seek transportation  efficiencies,  costs                                                             
have  continued   to  increase.  He  noted  that  in   addition  to                                                             
reimbursing  districts  for  their  transportation   expenses,  the                                                             
current  program  includes a  provision  that provides  a  built-in                                                             
inflation factor allowance.                                                                                                     
                                                                                                                                
Mr. Jeans attested,  that, in his experience, these  transportation                                                             
contracts  have not  provided  savings  because "there  was  little                                                             
incentive"  to the school  district to negotiate  the price  of the                                                             
contract  with the  transportation  provider. He  stated that  this                                                             
grant program would provide the  district with "the flexibility" to                                                             
negotiate with the provider.                                                                                                    
                                                                                                                                
Co-Chair  Wilken  referred  the  Committee  to  the  Department  of                                                             
Education and  Early Development fiscal  note #2 which  denotes the                                                             
impact of the grant program on each school district.                                                                            
                                                                                                                                
Co-chair  Wilken asked  Mr. Jeans  to explain the  "$1,200 cap  per                                                             
student" as noted in the fiscal note #2 spreadsheet.                                                                            
                                                                                                                                
Mr.  Jeans  responded  that  the Department  is  making  a  "policy                                                             
statement"  by specifying  $1,200 as  the maximum  limit the  State                                                             
would pay per student for transportation  expenses. He communicated                                                             
that five districts currently exceed this limit: the Alaska Gateway                                                             
District  with  a rate  of  $1,464  per student;  the  Bristol  Bay                                                             
District with  a rate of $1,322;  the Copper River District  with a                                                             
rate of $1,300;  the Delta/Greely  District with a rate  of $1,351;                                                             
and the Southeast Island District with a rate of $1,234. He pointed                                                             
out that private entities are under  contract in these districts to                                                             
provide  student   transportation.   He  commented  that,   "it  is                                                             
conceivable"  that districts could  reduce transportation  costs by                                                             
conducting that service "in-house."                                                                                             
                                                                                                                                
Mr. Jeans allowed  that costs would be more difficult  to negotiate                                                             
in areas where there is a single bidder or limited competition.                                                                 
                                                                                                                                
Senator  Taylor  summarized  that  this   legislation  would  allow                                                             
individual school districts to  receive transportation funding, but                                                             
at a level based upon their FY 03 funding.                                                                                      
                                                                                                                                
Mr. Jeans affirmed that the determination  would be based on the FY                                                             
03  per student  transportation  funding amount  as  it relates  to                                                             
current student enrollment. He  voiced that were student enrollment                                                             
to lower or increase, the amount allocated would follow suit.                                                                   
                                                                                                                                
Co-Chair  Wilken opined that  this methodology,  if adopted,  would                                                             
continue until such time as the Legislature changes it.                                                                         
                                                                                                                                
Mr. Jeans concurred.  He forecast that the Legislature  might alter                                                             
the amount as a result of school district lobbying for a percentage                                                             
increase that would be allocated across the board.                                                                              
                                                                                                                                
Senator  Taylor asked  whether this  legislation could  "lock  in a                                                             
number" on a statewide basis.                                                                                                   
                                                                                                                                
Mr. Jeans  stated that rather than  designating a specific  amount,                                                             
the grant level would  fluctuate according to a district's  student                                                             
enrollment each year. He stated  that this proposal is projected to                                                             
cost the State $54 million in FY 04.                                                                                            
                                                                                                                                
Senator Taylor surmised that were  the number of students to remain                                                             
the same, the grant total would remain constant.                                                                                
                                                                                                                                
Mr. Jeans concurred.                                                                                                            
                                                                                                                                
Senator Taylor argued,  therefore, that this proposal  would reward                                                             
districts  with  increasing  enrollment  and  "punish"  those  with                                                             
lowering enrollment.                                                                                                            
                                                                                                                                
Mr.  Jeans countered  that  the current  reimbursement  program  is                                                             
viewed by school districts as a punishment "because their contracts                                                             
have inflationary adjustments built into them." He stated that this                                                             
"vested interest" proposal would provide districts with the ability                                                             
to negotiate contracts and to revisit  their current transportation                                                             
system in order to reduce costs or generate savings. These savings,                                                             
he attested, could then be used for other purposes in the district.                                                             
                                                                                                                                
Mr.  Jeans expressed  that,  under  the  current system,  were  the                                                             
Municipality  of Anchorage to lower  its transportation  costs, the                                                             
savings generated  at the State level would then be  distributed to                                                             
other areas of the State as opposed to being allocated toward other                                                             
Anchorage expenses.  He stated that were this legislation  adopted,                                                             
in this scenario,  Anchorage would  retain those savings  and could                                                             
use them as determined by the district.                                                                                         
                                                                                                                                
                                                                                                                                
SFC 03 # 80, Side A 10:37 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator Taylor  agreed that this  would be beneficial  to districts                                                             
that  have  this ability;  however,  he  expressed  that  districts                                                             
experiencing  a declining enrollment  would suffer. He  argued that                                                             
the proposal does not address the fact the districts with declining                                                             
enrollment would still be required  "to pick up students at the end                                                             
of the  road." Districts  with declining  enrollment, he  attested,                                                             
would  receive   "a  double  hit"   as  they  would  receive   less                                                             
transportation  money   and  less  money  from  the   base  student                                                             
allocation factor.  He stated that  this proposal should  include a                                                             
hold harmless clause for districts with decreasing enrollment.                                                                  
                                                                                                                                
Senator Hoffman acknowledged Senator Taylor's concern regarding the                                                             
expenses  and  requirements  that  face  districts  with  declining                                                             
enrollment.  Furthermore, he voiced  concern that this  legislation                                                             
would punish rather  than reward those districts that  have already                                                             
lowered  their transportation  expenses, by  receiving a lower  per                                                             
student amount  than awarded to  those districts that  have exerted                                                             
little effort toward  addressing the issue. He commented  that this                                                             
raises a question of fairness.                                                                                                  
                                                                                                                                
Mr. Jeans verified  that the proposal is based on current  district                                                             
expenditures.  He  acknowledged  that some  districts  with  single                                                             
transportation  bidders have experienced  substantial increases  in                                                             
expenses as  opposed to districts  with competitive situations.  He                                                             
continued  that,  by  providing  their  own  transportation,   some                                                             
districts might experience "cheaper transportation."                                                                            
                                                                                                                                
Mr. Jeans remarked  that the Administration's position  is that the                                                             
current reimbursable system does  not promote cost containment, and                                                             
he commented that this proposal would allow local districts to make                                                             
independent  decisions regarding  transportation.  Furthermore,  he                                                             
stated  that current  regulations  allow districts  to charge  user                                                             
fees, but  he remarked  that because districts  are reimbursed  for                                                             
their expenses,  this option is not  utilized. He stated  that this                                                             
option would continue to be available under the new system.                                                                     
                                                                                                                                
Senator Hoffman reiterated  that districts whose expenses  approach                                                             
the $1,200 per student  limit could realize "substantial  savings;"                                                             
however, he contested that the districts "that are well below" that                                                             
limit would not have similar options. He suggested that a flat rate                                                             
per student be provided to all  districts as he attested this might                                                             
address the inherent problem with this proposal.                                                                                
                                                                                                                                
STEVE KALMES, Director of Transportation, Anchorage School District                                                             
testified via teleconference from  Anchorage to voice that contrary                                                             
to the Department's  testimony, he  does not contribute  the rising                                                             
costs  of  student  transportation  to  the  current  reimbursement                                                             
program, as he contended, such  things as the cost of buses, wages,                                                             
driver training, fuel, and insurance  drive expenses. He noted that                                                             
adherence to  the Department of  Education and Early  Development's                                                             
mandate  that transportation  must  be provided  for special  needs                                                             
students incurs enormous expense to the District.                                                                               
                                                                                                                                
Mr. Kalmes disclosed that, in order  to contain costs, the District                                                             
has actively  sought bidders  and, with  five bidders, "the  prices                                                             
were what  they were." He communicated  that one of the  District's                                                             
largest concerns  regarding this grant  proposal is how  to address                                                             
the high cost of transporting special  needs students. He disclosed                                                             
that the costs associated with  transporting special needs students                                                             
amount  to  approximately  42  percent   of  the  District's  total                                                             
transportation  expenses  and  equates to  ten  times  the cost  of                                                             
transporting  a regular program child.  He exampled that  "the most                                                             
expensive route in the district" is the one that transports special                                                             
needs students  from the Mat-Su valley  to the Alaska  State School                                                             
for  the Deaf  that the  District operates  for  the Department  of                                                             
Education and Early Development.                                                                                                
                                                                                                                                
Mr.  Kalmes understood  that  the grant  amount  would increase  as                                                             
enrollment climbed; however, he  voiced surprise that funding would                                                             
decrease were the  opposite to occur. He stated that  as enrollment                                                             
increases,  those  students are  absorbed  within an  existing  bus                                                             
route. However, he contended that  were the number of students on a                                                             
particular route to decline, that  route would still be required to                                                             
operate. He suggested that, were the grant program implemented, the                                                             
FY 03 base level be used as the  level that funding not drop below.                                                             
                                                                                                                                
Co-Chair Green communicated that she had served on a committee that                                                             
addressed the needs of special education programs in the State. She                                                             
noted that  the Anchorage School  District met with that  committee                                                             
regarding the numerous  education programs the District  conducted.                                                             
She identified  that many  of those programs  were optional  rather                                                             
than mandatory programs. Therefore,  she asked whether the District                                                             
was mandated to operate the Alaska School for the Deaf (ASD).                                                                   
                                                                                                                                
Mr. Kalmes responded  that the District is under contract  with the                                                             
Department of Education  and Early Development to operate  the ASD.                                                             
He could not verify  whether the program was mandated  or optional.                                                             
                                                                                                                                
Co-Chair Green identified ASD as being an optional program, and she                                                             
asserted  that the  costs  associated  with running  that  program,                                                             
including transportation  costs, are  included in the base  student                                                             
allocation  calculation.   She  stated  that  the  District  should                                                             
identify which programs  are conducted on an optional,  contractual                                                             
basis verses those that are mandated.                                                                                           
                                                                                                                                
Senator Olson asked whether the special needs bus transportation is                                                             
provided by the District.                                                                                                       
                                                                                                                                
Mr. Kalmes  responded  that the  transportation is  comprised  of a                                                             
combination of District and contracted routes.                                                                                  
                                                                                                                                
BARBARA  SCHUHMANN,  Parent,  testified   via  teleconference  from                                                             
Fairbanks  to suggest that  the Department  of Education and  Early                                                             
Development  leave the current  program in  place. She opined  that                                                             
other cost containment options such as a route analyses, exist. She                                                             
continued that this  legislation contains assumptions  such as that                                                             
the same percentage  of students rides buses in every  district and                                                             
that  all costs  are equal  in all  districts.  She specified  that                                                             
parents  rely on school  bus service,  and she  expressed that  the                                                             
service  should be  viewed as  a transportation  and public  safety                                                             
service rather  than being viewed  as an education system  service.                                                             
She stressed that  the risks involved in reducing routes  should be                                                             
investigated.                                                                                                                   
                                                                                                                                
Senator  Bunde asked  whether  school districts,  particularly  the                                                             
Anchorage School  District, have  considered charging user  fees to                                                             
assist in offsetting the cost of school transportation.                                                                         
                                                                                                                                
Mr.  Kalmes  responded  that  an  Anchorage  citizen  review  panel                                                             
recently asked  the Department of  Education and Early  Development                                                             
how  a user  fee program  would  affect the  current  reimbursement                                                             
system.  He  commented  that  the  current policy  tends  to  be  a                                                             
disincentive  to this  approach because  the Department  determined                                                             
that the reimbursement  amount would be lowered by  the same amount                                                             
collected from the user fees.                                                                                                   
                                                                                                                                
Mr.  Jeans verified  that  other districts  have  not pursued  this                                                             
option for that very reason.                                                                                                    
                                                                                                                                
Senator Bunde asked whether this option would be possible under the                                                             
grant program system being proposed.                                                                                            
                                                                                                                                
Mr. Jeans responded that a rider  fee could be collected without an                                                             
impact on the proposed grant system.                                                                                            
                                                                                                                                
Senator Taylor countered that there  is no language in the proposed                                                             
grant  system that  would  require a  transportation  system to  be                                                             
operated; therefore,  he declared  that a District could  eliminate                                                             
transportation and keep the money.                                                                                              
                                                                                                                                
Co-Chair Wilken stated  that this scenario would be  a local issue.                                                             
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                
RECESS 10:56 AM / 5:38 PM                                                                                                       
                                                                                                                                

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