Legislature(2001 - 2002)

03/16/2001 12:00 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    SB  94-EDUCATION FUNDING                                                                                
                                                                                                                                
CHAIRWOMAN GREEN announced  SB 97 to be up for  consideration. She                                                              
announced a brief at ease.                                                                                                      
                                                                                                                                
TAPE 01-23, SIDE B                                                                                                            
                                                                                                                              
SENATOR TAYLOR, sponsor, said he  first filed aspects of this bill                                                              
as  amendments submitted  by Ron  Larson in  1986 and  87 as  they                                                              
tried to change  an inequitable formula for funding  education. It                                                              
was  his intention  that all  residents  of Alaska  who pay  taxes                                                              
towards  education would  share the  same  level of  pain and  the                                                              
funds would be  distributed throughout the state  and every school                                                              
district would receive benefit.                                                                                                 
                                                                                                                                
He said  in Wrangell,  they pay  almost 9  mils of local  property                                                              
taxes to support education and he  considered this a low level. He                                                              
didn't think that  there were any nurses in his  schools and there                                                              
weren't coaches  in his  elementary schools.  There were  no music                                                              
programs  or  art programs.  This  is  because of  an  inequitable                                                              
formula that  grants area cost  differentials to  school districts                                                              
across  the  state,  but  basically   leaves  all  of  the  school                                                              
districts  in Southeast  Alaska, with  a very  small exception  in                                                              
Juneau, at the same funding base that Anchorage receives money.                                                                 
                                                                                                                                
Anchorage  has  almost half  of  the  children  in the  state,  so                                                              
through   volumes   of  scale   their   school   board  can   make                                                              
discretionary   appropriations  to   other  activities   in  their                                                              
community  from their school  district budget.  His school  boards                                                              
wrestle with the  question of maintaining the one  or two janitors                                                              
they have when  they used to have  five or six or do  they have to                                                              
"can"  another one  of  them. He  said  they are  receiving  about                                                              
$7,000 per student  in Wrangell. The North Slope  Borough receives                                                              
$21,000 per  student and has a student  teacher ratio of  10 to 1.                                                              
He has about 18 to 1.                                                                                                           
                                                                                                                                
He explained that  under the bill before them, every  child in the                                                              
North Slope Borough  will receive an increase in  funding, so will                                                              
every  child in  Wrangell.  Anchorage  would receive  the  largest                                                              
increase in funding. Senator Taylor explained:                                                                                  
                                                                                                                                
     This  bill   increases  funding  across  the   board  to                                                                   
     education  by  over  $47 million.  It  carries  a  state                                                                   
     fiscal  note  against  the general  fund  of  about  $29                                                                   
     million,  maybe $27 million.  There is  no bill that  is                                                                   
     before you or  that has been submitted so  far that will                                                                   
     cost the general fund less money  than this one does nor                                                                   
     is there  any bill that  will distribute this  amount of                                                                   
     money to the  children of Alaska. How do we  do that? We                                                                   
     do  that by  expecting every  citizen in  the state  who                                                                   
     lives in  a tax-based district  to pay the  same minimum                                                                   
     amount.  Forty-eight  school  districts  in  this  state                                                                   
     today either have full support  or provide local support                                                                   
     themselves.  They provide that  support up to  a minimum                                                                   
     of 4 mils.  Each of you three members live  in tax-based                                                                   
     communities where you are paying  a minimum of 4 mils on                                                                   
     your home  or other  property you own  in your town  and                                                                   
     that  4 mils has  to be  dedicated by  the community  of                                                                   
     Anchorage,  the community  of Palmer,  the community  of                                                                   
     Wasilla, the  community of Wrangell, we all  have to pay                                                                   
     a minimum of  4 mils before we receive one  thin dime of                                                                   
     money  from the  state of  Alaska. So,  that's the  rule                                                                   
     under which all of us have to play.                                                                                        
                                                                                                                                
     If you're  a wealthy  district and you  have a tax  base                                                                   
     that is  just extraordinary, you  don't have to  play by                                                                   
     that  rule. You  get to play  by a  different rule.  You                                                                   
     only have  to pay  45 percent of  the cost of  educating                                                                   
     your children.  You don't have  to pay 4 mils.  All this                                                                   
     bill does is it asks that everyone  in the state play on                                                                   
     the same playing  field - that everybody pays  4 mils on                                                                   
     their  house towards  education. It  doesn't seem to  me                                                                   
     like a lot to ask.                                                                                                         
                                                                                                                                
     What  does that  do to  your formula?  That allows  you,                                                                   
     because you would not be subsidizing  with state general                                                                   
     fund  money the  North  Slope Borough  and  a couple  of                                                                   
     other school  districts in this state fully.  They would                                                                   
     be paying  their own  cost of  education and they  don't                                                                   
     even come near 4 mils….                                                                                                    
                                                                                                                                
SENATOR  TAYLOR  explained  that  Section 1  modifies  the  Public                                                              
School  Account that  is  already set  up  by including  municipal                                                              
contributions within  it. It would  be a contribution  returned to                                                              
the  state by  a municipality  that had  so much  money left  over                                                              
after paying  the minimum amount that  each of you pay,  that that                                                              
money would be redistributed back  through this formula for poorer                                                              
tax-based districts.                                                                                                            
                                                                                                                                
Section  2  says the  state  of  Alaska  will receive  credit  for                                                              
federal impact  aid funds that are  received by REAAs.  Today they                                                              
receive  100 percent  of the  money  that comes  from the  federal                                                              
government,  but the  state is  requiring  them to  only count  90                                                              
percent of  it. "So,  basically, they receive  a 10 percent  slush                                                              
fund from the feds over and above  the amount of money we're going                                                              
to send to them."                                                                                                               
                                                                                                                                
SENATOR TAYLOR  said that the only  thing he has asked  is for all                                                              
the dollars to be  counted 90 - 100 percent. The  other numbers in                                                              
the section  would provide for  both vocational education  special                                                              
needs funding. At the bottom of the  second section the words "not                                                              
to exceed  45 percent  of" [a district's  cost of education]  from                                                              
the existing formula. This provides  then for the full amount of 4                                                              
mils to be redistributed back across the state.                                                                                 
                                                                                                                                
He said the next section provides  for the money that is left over                                                              
or excess to come back into this  formula that will distributed as                                                              
indicated in Section 3.                                                                                                         
                                                                                                                                
SENATOR TAYLOR  said he  had heard  concerns expressed  across the                                                              
state  by  educators   and  others  especially   in  the  business                                                              
community,  that  the state  isn't  spending  very much  money  on                                                              
vocational  education. He said  that the  state isn't spending  it                                                              
because  when SB  36 passed,  they  provided 20  percent over  and                                                              
above what people get in the regular  formula for gifted children,                                                              
young children  that are challenged  or having some  difficulties,                                                              
bi-lingual programs and voc-ed. They  were all rolled into one and                                                              
the districts had to figure out how to spend it.                                                                                
                                                                                                                                
     Because of federal mandates,  the legislation where they                                                                   
     are required  to provider certain levels of  funding and                                                                   
     certain  types  of  programs   for  those  of  our  most                                                                   
     challenged  students, the  vast majority  of this  money                                                                   
     gets eaten  up for those programs.  A little bit  may be                                                                   
     there for bi-lingual  and what's left over  may be there                                                                   
     available for  a voc-ed program. As a  consequence, what                                                                   
     I've done  here is  I have provided  a specific  funding                                                                   
     level  for voc-ed at  3 percent.  These numbers, by  the                                                                   
     way, Madame  Chair, are just  ideas thrown out  for you.                                                                   
     Some are  very fearful  of categorically funding  voc-ed                                                                   
     because they  say every other  program, then,  will want                                                                   
     to come  in and  have a specific  funding category  just                                                                   
     like  voc-ed does  and that  we should  not fund  voc-ed                                                                   
     because somebody  else might come  and ask for  the same                                                                   
     thing. I think  if it's justifiable, maybe  we should be                                                                   
     specifically  and categorically  funding or else  you're                                                                   
     never going to get it.                                                                                                     
                                                                                                                                
     An amendment  that I  wish to offer  as this bill  moves                                                                   
     through is  to also add  categorical funding  for school                                                                   
     nurses. That's  the only way I believe I can  ever get a                                                                   
     school  nurse  back  into any  district  school  that  I                                                                   
     represent.                                                                                                                 
                                                                                                                                
He said  he would  probably add  that back  into Section  4, which                                                              
provides  for voc-ed  funding. Section  5 is  just cleanup  adding                                                              
that  new  section.  Section  6   brings  the  formula  back  into                                                              
compliance with the numbers that have been provided for voc-ed.                                                                 
                                                                                                                                
     Section   8  is  what   we  call   the  declining   fund                                                                   
     adjustment. For  the last five or six years  across this                                                                   
     state, we  have seen declining enrollments  occurring in                                                                   
     various  communities. For  the first  time, I think,  in                                                                   
     several years,  we're now seeing an overall  increase in                                                                   
     student  population  estimates and  that's  why for  the                                                                   
     first time  in several years we're seeing  an indication                                                                   
     that the  formula will actually  have to go up  by about                                                                   
     $10 million  next year  just to fund  at the same  basic                                                                   
     level  that you  currently have  that  formula set.  For                                                                   
     those  schools,   however,  that  are   still  suffering                                                                   
     declining enrollments, under  this formula - you are all                                                                   
     familiar with the Wrangell Petersburg  problem - because                                                                   
     of student declines causing  major shifts in the way the                                                                   
     funding levels  are applied,  it can have a  devastating                                                                   
     impact on a district to just  loose a very few students.                                                                   
                                                                                                                                
SENATOR  TAYLOR said  he decided  to submit  a bill  that said  it                                                              
doesn't matter what the decline is,  whether it's only one student                                                              
or 10  students, it  shouldn't make any  difference. It's  still a                                                              
loss of funding for that next year. He explained further:                                                                       
                                                                                                                                
     So rather than have a school  district fall off a cliff,                                                                   
     what we've  provided for here  is that even  though that                                                                   
     child wasn't  there the next  year, the school  district                                                                   
     would still receive 75 percent  funding for that phantom                                                                   
     child. The next year after that  it would be 50 percent,                                                                   
     the next  year 25 percent and  then zero. That  would at                                                                   
     least  allow school  boards  the opportunity  to  adjust                                                                   
     those budgets on a much gentler slope…"                                                                                    
                                                                                                                                
He said that Sitka lost 140 students  last year and the impacts on                                                              
their budget are so severe that they're  contemplating terminating                                                              
14 - 17 staff people.                                                                                                           
                                                                                                                                
He said that  Section 9 is the  most expensive part of  this bill.                                                              
He went with  $4,150 to apply to  all students across the  state -                                                              
an  increase  of  $210.  Section  10  provides  for  the  Wrangell                                                              
Petersburg "fix" and  drops the number from 750 to  400 on student                                                              
count for a school  funding formula for three  funding schools. In                                                              
Wrangell and Petersburg,  he said, they have three  buildings, but                                                              
are under  a funding formula mechanism  that funds them  for as if                                                              
they were only two.                                                                                                             
                                                                                                                                
Section 11  repeals the  40 percent  penalty provision,  where new                                                              
students  moving  into  a  rural school  district,  which  as  its                                                              
enrollment increased would only receive  60 percent of the funding                                                              
that student would have brought under the old formula.                                                                          
                                                                                                                                
     I  believe  that  provision   is  illegal.  I  think  it                                                                   
     violates equal  protection and I think sooner  or later,                                                                   
     we in  the legislature  are going to  be sued over  that                                                                   
     one and when we do I don't think  we have a leg to stand                                                                   
     on.                                                                                                                        
                                                                                                                                
CHAIRWOMAN  GREEN said  she  had vaguely  remembered  some of  the                                                              
rationale and had also voted against SB 36.                                                                                     
                                                                                                                                
Number 1584                                                                                                                     
                                                                                                                                
SENATOR WARD asked how this bill affected charter schools.                                                                      
                                                                                                                                
SENATOR  TAYLOR  replied  that  it doesn't  affect  them,  but  it                                                              
provides  additional  funding. He  added  that he  was  frustrated                                                              
because the old formula contains  an area cost differential, which                                                              
was based  upon studies done  of what it  cost to live  in various                                                              
areas  of the  state.  He does  not want  to  provide for  another                                                              
study,  but  he  wanted  to  tell   the  Department  of  Education                                                              
professionals  who actually  audit  every  single school  district                                                              
every year to go out and use consumer  price indexing and give the                                                              
legislature  an objective  report of  what it  truly costs  in the                                                              
various   regions  and   communities   and   adjust  the   formula                                                              
accordingly. He said this had never  been done. This would be done                                                              
every two years.                                                                                                                
                                                                                                                                
He recollected that  rationale for the 40 percent  concept came up                                                              
because  no one could  understand  how the numbers  had gotten  so                                                              
distorted that  some school districts  were receiving  $20,000 per                                                              
student and others were receiving  $6,000. "When you actually look                                                              
at  the  formula,   much  of  it  is  driven  by   the  area  cost                                                              
differential that  everything is multiplied against at  the end of                                                              
the formula."                                                                                                                   
                                                                                                                                
SENATOR TAYLOR said that this redistributes  and appropriates over                                                              
$47 million for  kids. "I know that is a huge  amount, but it also                                                              
the lowest amount  from the general fund of any of  the bills that                                                              
you'll be presented with this year…."                                                                                           
                                                                                                                                
He said that the poorer communities  of California were faced with                                                              
the same  problem about 12  years ago. Poor agricultural  families                                                              
used  the  equal  protection  argument  and asked  why  they  were                                                              
getting  paid a certain  amount for  education,  but the ones  who                                                              
were rich in Hollywood were getting  paid more. The judge couldn't                                                              
find a  good reason for  it other than  power politics.  "The same                                                              
thing has happened to us…."                                                                                                     
                                                                                                                                
MR. CARL  ROSE, Executive Director,  Association of  Alaska School                                                              
Boards, opposed  SB 94. They do  not positioned to scaling  back a                                                              
system  of education  for  some to  provide  more  for others.  He                                                              
thought that repealing the funding  floor was a critical issue. He                                                              
said:                                                                                                                           
                                                                                                                                
     My recollection  of SB 35 is similar in some  cases, but                                                                   
     different in  others. As I recall the  discussion behind                                                                   
     SB  36 was  to  first provide  equity  across the  state                                                                   
     through  a  distribution  of  funds and  once  that  was                                                                   
     accomplished,  we would address  adequacy. I'm  not sure                                                                   
     that equity was accomplished,  but nonetheless, that was                                                                   
     the reason  for the  passage of that  bill and we  still                                                                   
     struggle  with adequacy.  The  issue back  then was  the                                                                   
     redistribution  of state  funds.  The issue  with SB  94                                                                   
     once again is a redistribution of funds…                                                                                   
                                                                                                                                
He said  he served on  a task force  that dealt with  the adequacy                                                              
that was  required under  SB 36.  He was  concerned that  they had                                                              
never recognized  that PL874  dollars were in  lieu of  taxes, but                                                              
now they are  being told that 100  percent of that money  will now                                                              
be withheld  in lieu  of taxes.  He didn't  know why people  would                                                              
file for that money if they get no  benefit from it, other than to                                                              
create a huge  hole in the foundation formula if  those monies are                                                              
not generated.                                                                                                                  
                                                                                                                                
MR. ROSE did not recommend that as  a strategy, because they loose                                                              
on both ends  of that argument. The reason people  will eventually                                                              
apply for this money  is because they get some credit  for it as a                                                              
result of the 90 percent deduct.  He said there is a long-standing                                                              
state policy  that said that four  school districts -  North Slope                                                              
Borough, Valdez, Unalaska and Skagway  - were an anomaly. "We were                                                              
trying to  create a  foundation formula for  the entire  state and                                                              
didn't know  how to  deal with  the anomaly  of wealth divided  by                                                              
population.                                                                                                                     
                                                                                                                                
In the case of Skagway, when the  railroad shut down in 1983, they                                                              
were left  in an  economic disaster,  but they  created a  tourism                                                              
corridor and  as a result  of that effort  they have a  deep water                                                              
port, an ore  terminal, hotels, a railroad and  a thriving tourism                                                              
economy. Six-hundred  people live in Skagway full-time  and if you                                                              
take all  of that  wealth and divide  it by 600  and it  puts them                                                              
into a different  category. They mayor of Skagway  was there under                                                              
the SB 36 discussion and said that  back then they were paying the                                                              
in excess of  53 percent of the school district  budget. He didn't                                                              
know what  the current figures were,  but he guaranteed  them that                                                              
the 45 percent figure they are under  is being exceeded. They have                                                              
the ability  to pay more and  they have. "These  school districts,                                                              
though this provision is a long standing  public policy, this is a                                                              
radical change and a redistribution  and I don't think many people                                                              
have had a chance to really think about it."                                                                                    
                                                                                                                                
MR. ROSE  said he supports  vocational education. That  was talked                                                              
about  in the  20 percent  categorical funding  that was  provided                                                              
under  SB 36  for  special  education, bi-lingual  and  vocational                                                              
education.                                                                                                                      
                                                                                                                                
     An argument  can be made  equally well, if  you're going                                                                   
     to take vocational education  out and fund that, we have                                                                   
     tremendous  special education  needs  that aren't  being                                                                   
     met. The money that goes to  special education is coming                                                                   
     directly  out of  regular instruction  dollars. So,  the                                                                   
     issue  of the 20  percent, to  begin with,  is a  larger                                                                   
     issue  than  just  the  vocational  education.  I  don't                                                                   
     begrudge vocational education  being treated separately,                                                                   
     but special ed and bi-lingual  education are also paying                                                                   
     a price as well.                                                                                                           
                                                                                                                                
MR. ROSE  said has  seen many  foundation rewrites  and he  agrees                                                              
with some of the  studies. SB 36 was based on a  study, but it was                                                              
based largely on expenditure data  from 1996 and to his knowledge,                                                              
school districts were  getting and spending all that  they had and                                                              
it was inadequate.  "To take that snapshot and  project it forward                                                              
into a new foundation formula left us further behind."                                                                          
                                                                                                                                
The funding  task force  recognized that  they actually  need good                                                              
empirical data  so they can  make changes. They  specifically said                                                              
they  would  not  encourage  any   more  changes  to  the  current                                                              
foundation formula  until they had  the empirical data  that would                                                              
underwrite  those decisions.  To turn  over to  the Department  of                                                              
Education and  Early Development  the responsibility of  coming up                                                              
with  an appropriate  cost factor  without anything  to hang  that                                                              
decision on subjects them to quite a bit of lobbying.                                                                           
                                                                                                                                
     My main concern  in all this is we're talking  about all                                                                   
     the things  we didn't agree with  SB 36 and we  tried to                                                                   
     deal with  it then  and we couldn't  get there.  I think                                                                   
     what SB  94 does is brings  all that back to  the table,                                                                   
     again, but  it's not doing it  in an open  fashion. What                                                                   
     we're talking  about is  redistribution of wealth  here.                                                                   
     And so, I  do have some concerns and I'm  also sensitive                                                                   
     to the  concerns that have  been expressed for  Wrangell                                                                   
     and Petersburg  and I agree  with these. In  fact, these                                                                   
     were part of the discussion  under SB 36 that didn't get                                                                   
     through. I don't  think I come before you to  say I just                                                                   
     want to trash  on this bill. That's not the  case. But I                                                                   
     think  what we're  doing is  we're  changing some  long-                                                                   
     standing  policies  in  this   state  in  how  we  treat                                                                   
     districts  that are a  fiscal anomaly  with the rest  of                                                                   
     our districts. We're going to  change that policy in one                                                                   
     fell swoop and redistribute that money.                                                                                    
                                                                                                                                
     Without   the  recapture  clause   that  would   require                                                                   
     districts to pay  back, you don't have the  money to pay                                                                   
     for this bill.  So, I would just want to  talk about the                                                                   
     recapture. The  way you get  the money for this  bill is                                                                   
     take from those who are struggling  right now and I know                                                                   
     you will  say that  the North Slope  has a lot  of money                                                                   
     along with  Valdez, Unalaska  and Skagway, but  it's the                                                                   
     plight  that  they  have  and  they  are  struggling  to                                                                   
     provide  an education  as it  right now.  To alter  that                                                                   
     ability   for   those   school   districts   simply   to                                                                   
     redistribute  the money, what we  need is a  increase of                                                                   
     funding  for  the  purpose  of  educating  our  children                                                                   
     state-wide.  So,  any time  that  we  start to  look  at                                                                   
     increasing funding for education  to try and imbed these                                                                   
     standards that we're trying  to do, it requires an awful                                                                   
     lot of need  that needs to be addressed.  The suggestion                                                                   
     comes to me  that we're just throwing more  money at the                                                                   
     problem. I  don't believe that. We've never  invested in                                                                   
     the  cure. There  is  a solution  and  it  was going  to                                                                   
     require  us   to  align  our  systems  to   provide  the                                                                   
     professional  development that we  need and assist  kids                                                                   
     with  intervention to  help them  take and  successfully                                                                   
     pass  their exam.  We've done  all this  and we  haven't                                                                   
     made the investment.                                                                                                       
                                                                                                                                
MR. ROSE  said they  would  like to work  on a  funding bill  that                                                              
meets the needs of all Alaska's students.                                                                                       
                                                                                                                                
Number 655                                                                                                                      
                                                                                                                                
SENATOR DAVIS  asked him to elaborate  on why those  districts are                                                              
struggling to pay for education.                                                                                                
                                                                                                                                
MR. ROSE replied that he could speak in the case of Skagway:                                                                    
                                                                                                                                
     The amount of  money that they receive in  Skagway, even                                                                   
     under  this   bill,  they  would  loose   an  additional                                                                   
     $65,000.  I  think  that  their   budget  right  now  is                                                                   
     somewhere in  the area of $1.3 million and  they receive                                                                   
     about  $800,000 from the  state. So,  a good portion  of                                                                   
     that money already comes locally.  Local contribution is                                                                   
     severe,  but they have  the money  and they readily  put                                                                   
     forward what they  can. It's not that they  have an open                                                                   
     checkbook;   they   are  limited   to   what  they   can                                                                   
     contribute.                                                                                                                
                                                                                                                                
CHAIRWOMAN GREEN said they would  look this year at how they could                                                              
make improvements in education funding. She set the bill aside.                                                                 

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