Legislature(2001 - 2002)

03/28/2001 01:58 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    SB  94-EDUCATION FUNDING                                                                                
                                                                                                                                
SENATOR ROBIN TAYLOR,  prime sponsor of SB 94,  thanked Chairwoman                                                              
Green for her  help on SB 94  and on education issues  in general.                                                              
He noted a committee  substitute to SB 94 was  prepared that makes                                                              
major  changes  to  accommodate concerns  expressed  at  the  last                                                              
hearing.                                                                                                                        
                                                                                                                                
SENATOR DAVIS  moved to  adopt Version O  as the working  document                                                              
before  the  committee.  There  being  no  objection,  the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR TAYLOR explained  that Section 1 of Version  O changes the                                                              
federal impact  aid deduction from 100  to 95 percent.   It adds a                                                              
provision  for a  specific allocation  for school  nurses so  that                                                              
those  districts without  a  school  nurse will  have  one in  the                                                              
future.    It  also adds  funding  for  vocational  education  but                                                              
changes  it  from  3 percent  of  specific  allocation  multiplied                                                              
against  the  formula to  2  percent,  with  the other  1  percent                                                              
allocated for  school nurses.   He stated  he has no  objection to                                                              
changing those numbers, but he believes  that vocational education                                                              
has been on the short end of the  stick and needs to be emphasized                                                              
and improved.   In addition,  he pointed  out none of  the schools                                                              
within his Senate district have a school nurse.                                                                                 
                                                                                                                                
Number 2334                                                                                                                     
                                                                                                                                
VICE-CHAIR LEMAN referred  to page 3, line 3, and  asked about the                                                              
special needs factor change from 1.20 to .20.                                                                                   
                                                                                                                                
SENATOR TAYLOR  deferred to the drafters  for an explanation.   He                                                              
said that  Section 2 merely  makes the language  changes necessary                                                              
to  encompass Section  1.   A portion  of  Section 1  that was  of                                                              
concern to many  is that it would require the  North Slope Borough                                                              
to  pay  the  same  four  mil  minimum  level  that  other  school                                                              
districts  in the  state  currently pay  before  they receive  any                                                              
funding from  the State  of Alaska.   This would have  allowed for                                                              
significant  additional revenues  to  be redistributed  throughout                                                              
the formula  to assist  other districts.   Based on  conversations                                                              
and  testimony, he  reduced  that  from a  four  mil levy  maximum                                                              
requirement  to four  mils or  100 percent  of the  local cost  of                                                              
education,  whichever is  less.   Existing law  provides that  the                                                              
local community would have to pay  45 percent of the total cost of                                                              
education.  He stated:                                                                                                          
                                                                                                                                
     So we've  changed it  from 45 to  the full 100  percent,                                                                   
     but not taken any additional  funds that would have been                                                                   
     generated.  This leaves you  short on the numbers within                                                                   
     these bills  for education funding by about  $21 million                                                                   
     of additional funding that would  have been available to                                                                   
     help make  sure no children  were left behind  any place                                                                   
     else  in the  state.   As I  said, Section  2 makes  the                                                                   
     changes necessary  to comply with Section 1.   Section 3                                                                   
     merely  adds  the changes  necessary  to provide  for  a                                                                   
     specific allocation for nurses.   Section 4 accommodates                                                                   
     both the  nursing and  vocational education and  changes                                                                   
     the words from 'product' to  'number.' I assume that's a                                                                   
     linguistic   change   that   was   necessary   for   the                                                                   
     computation...                                                                                                             
                                                                                                                                
     Section 5  requires a biennial  study by the  Department                                                                   
     of Education  that will be submitted to  the legislature                                                                   
     and establishes parameters from  which the study must be                                                                   
     done.  It  says the Department of Education  already has                                                                   
     significant auditing  and numbers before it  on what the                                                                   
     cost  of education  is  and that  they  should use  then                                                                   
     specific aspects of consumer  price indexes and it lists                                                                   
     four  or  five different  methods  of  determining  that                                                                   
     information.                                                                                                               
                                                                                                                                
     In other words, do you have  to go out and find out what                                                                   
     it costs to  do business in that district?   What is the                                                                   
     cost   of  living,   the   cost  of   food,   utilities,                                                                   
     transportation?   Once they have done that  and achieved                                                                   
     those objective numbers, they  then establish the amount                                                                   
     of  area  cost differential  for  each  community  using                                                                   
     Anchorage as the base. It's  the way our current formula                                                                   
     works but  our current formula's never been  adjusted in                                                                   
     14 years  so, as a  consequence, even though  prices may                                                                   
     change, go up  or go down in a given community,  we have                                                                   
     no  way  of tracking  that  and  every time  we're  told                                                                   
     they're going to  do something about it -  we've sat now                                                                   
     as  a  legislature  for  three   years  waiting  for  an                                                                   
     adequacy  study to  be completed.   Well they  completed                                                                   
     the  adequacy  study  and  the   Governor's  Task  Force                                                                   
     reported to  this committee at  a very recent  hearing -                                                                   
     and all of the comments on area  cost differential were,                                                                   
     we can't  figure it  out and we  don't know what  it is,                                                                   
     but the  current system  is totally  broke on area  cost                                                                   
     differential  and,  as  a  consequence,   we  should  do                                                                   
     another study.  That will be  the fifth study since I've                                                                   
     been in the legislature with no changes."                                                                                  
                                                                                                                                
CHAIRWOMAN  GREEN asked  Senator Taylor  if the  kind of study  he                                                              
envisions  can be  derived  at by  gathering  information that  is                                                              
currently available.                                                                                                            
                                                                                                                                
SENATOR TAYLOR  said that is correct.   He noted that most  of the                                                              
information is available through  Alaska's Department of Labor and                                                              
is currently used  for labor contracts and other  state government                                                              
areas that  require a level  of objectivity  in the way  funds are                                                              
allocated for geographic differentials.                                                                                         
                                                                                                                                
SENATOR LEMAN  pointed out the Consumer  Price Index (CPI)  is not                                                              
referenced  in  the  bill  and that  he  prefers  the  replacement                                                              
language because  the CPI tends  to overstate the  actual increase                                                              
in  costs by  as much  as 1.1  percent, according  to the  Michael                                                              
Boskin  (ph) study.    Part of  the  reason is  that  it does  not                                                              
account  for  changes  in  the  way  people  live  that  are  more                                                              
efficient.   He felt  if the CPI  is used,  that increase  will be                                                              
institutionalized.                                                                                                              
                                                                                                                                
SENATOR TAYLOR said  DOEED has very good numbers;  it audits every                                                              
single  school district  every year.    It also  has, through  the                                                              
Department of  Labor and  federal entities, significant  objective                                                              
evidence to  turn to.   He agreed that  the CPI can  overstate the                                                              
increase, but it  is only 1 percent.  If that  is balanced against                                                              
the actual  expenditures,  he believes  DOEED can  come up  with a                                                              
truer  number  of  the  actual cost  that  would  not  require  an                                                              
increase  in   general  funds  but,   instead,  would   require  a                                                              
reallocation  of funds.    He felt  the  shifts  would be  subtle,                                                              
depending on the costs in each community,  and would be readjusted                                                              
every  two years.    He  pointed out  that  he selected  two  year                                                              
intervals  to provide  stability  for budgeting  purposes in  case                                                              
dramatic shifts occurred.  He stated  this approach is better than                                                              
one  that was  politically  set  14 years  ago  and  has not  been                                                              
changed since.                                                                                                                  
                                                                                                                                
Number 2075                                                                                                                     
                                                                                                                                
SENATOR WILKEN  disagreed that the  area cost differentials  (ACD)                                                              
have not been changed in 14 years.  He stated:                                                                                  
                                                                                                                                
     Senator Taylor  now, twice, has discussed the  fact that                                                                   
     the  DCF  -  ACDs haven't  been  changed  in  14  years.                                                                   
     That's  not correct.   They  were changed  under SB  36,                                                                   
     under  the  McDowell  study.   The  McDowell  study  was                                                                   
     brought  about by  the  fact that  the  prior ACDs  that                                                                   
     Senator Taylor is speaking of  were built in 1984.  They                                                                   
     were  done  for  a  Department of  Labor  study.    They                                                                   
     sampled  19 of  our 40  election districts.   That  1984                                                                   
     study - the Legislature was  then under pressure in '85,                                                                   
     '86, and  '87, and when the  Legislature in '87  came up                                                                   
     with the formula  that we changed three years  ago, they                                                                   
     needed  - what  Senator Taylor  is talking  about -  and                                                                   
     that was some  sort of differential of living  - cost of                                                                   
     living across Alaska.  It took  that Labor study in 1984                                                                   
     and  they  brought  it  to the  bill  that  changed  the                                                                   
     formula  and  made it  an  instruction unit  formula  in                                                                   
     1987.   They then went further  than that and  they made                                                                   
     another adjustment at the committee  table, politically,                                                                   
     to gerrymander the ACDs to the  benefit of certain areas                                                                   
     of the state  and then we lived under that  system until                                                                   
     we changed the formula in 1997 or 1998.                                                                                    
                                                                                                                                
     So,  to suggest  that  we haven't  done  anything in  14                                                                   
     years is  not quite correct.   When the Department  went                                                                   
     out, under  the McDowell study, the Department  went out                                                                   
     to study the  cost of living.  What they  found was that                                                                   
     across our 53 school districts  there simply was a basic                                                                   
     requirement of  accounting missing and that  was a chart                                                                   
     of accounts  that's uniform across the state  of Alaska.                                                                   
     That  surprised the  McDowell study  and they  expressed                                                                   
     their surprise in the study  and that has since launched                                                                   
     an effort over  the last three years for  the Department                                                                   
     to go out and, under regulation  now, to have in place a                                                                   
     chart  of  accounts so  that  we  can start  to  compare                                                                   
     across  districts so  that we  can do  what the  Senator                                                                   
     wants, and  that is  to figure out  what is the  cost of                                                                   
     education so  we can fairly compare 53  districts across                                                                   
     the state.   That process isn't ongoing and  I certainly                                                                   
     support  that and  I know Senator  Taylor  does too.   I                                                                   
     want to make sure that - we  haven't forsaken this issue                                                                   
     of ACDs  but we  have certainly  found that we  couldn't                                                                   
     rely  on the  data  we had,  nor could  we  rely on  the                                                                   
     accounting  system  that was  in  place since  1987  and                                                                   
     we're certainly trying to correct that.                                                                                    
                                                                                                                                
SENATOR TAYLOR said  he agrees with Senator Wilken  except that he                                                              
disagrees that this  was a beneficial change to  every district in                                                              
the state.   He believes  that with a  new chart of  accounts that                                                              
will be  audited annually and  plowing in the additional  factors,                                                              
DOEED can determine what the numbers should be.                                                                                 
                                                                                                                                
SENATOR WILKEN said, as everyone  knows from what was done with SB
36, that this isn't that big of a  project but it has to be valid.                                                              
He reminded Senator  Taylor that the McDowell  study verified that                                                              
80 percent  of the budgets  of school  districts across  the state                                                              
was used for  wages, salaries, and  benefits so that it  is the 20                                                              
percent that  has to  be quantified.   He pointed  out there  is a                                                              
difference between  the cost of living and providing  education in                                                              
an area.   For example,  some towns have 30  miles of road  so gas                                                              
costs are low compared to a town with 4,000 miles of road.                                                                      
                                                                                                                                
SENATOR TAYLOR responded:                                                                                                       
                                                                                                                                
     And I think all we're really  talking about is providing                                                                   
     within  the formula  a mechanized  way of  accomplishing                                                                   
     this and  having it  done by  the professionals and  not                                                                   
     done by  the politicians.  It  shouldn't wait for  us to                                                                   
     make a  decision here  and then  have that decision  get                                                                   
     structured politically.  These are kids.  They shouldn't                                                                   
     be left behind and they're going  to continue to be left                                                                   
     behind if we leave it up to  the legislature to do this.                                                                   
     That's why  my suggestion is, de-politicize  this.  Give                                                                   
     us  some objective  numbers.   And I  really don't  care                                                                   
     what the formula is as long  as it's a fair formula, and                                                                   
     [indisc.]  accordingly.  That's  what we've provided  in                                                                   
     this bill....                                                                                                              
                                                                                                                                
Number 1838                                                                                                                     
                                                                                                                                
CHAIRWOMAN GREEN  asked, "...are  both of these  ideas -  the part                                                              
that went on in  SB 36 and this type of (indisc.)  - are they both                                                              
impacted by  the same  idea that  we're not measuring  necessarily                                                              
what it costs  to live there but  we're measuring what  we have to                                                              
spend when we're there?"                                                                                                        
                                                                                                                                
SENATOR TAYLOR said it is both and  that, in essence, they have to                                                              
look  at  what  is  truly  the  cost   of  education  within  that                                                              
community.  He pointed  out there  are  costs that  are unique  to                                                              
education and they  need to be tracked. He informed  the committee                                                              
that Commissioner  of Education Marshall  Lind ordered  all school                                                              
districts to  use the same  chart of accounts  in 1978 but  we are                                                              
just now getting there.                                                                                                         
                                                                                                                                
SENATOR LEMAN asked how to compare  what is being delivered in one                                                              
district  with  another  because  different  districts  do  things                                                              
differently.   He pointed  out that  some districts offer  smaller                                                              
class  sizes  while  others  offer a  computer  station  for  each                                                              
student.  He  asked Senator Taylor  if it is his intent  that when                                                              
comparing from area  to area, equivalent delivery  of education is                                                              
compared.                                                                                                                       
                                                                                                                                
SENATOR TAYLOR  said it is.   He repeated that he  firmly believes                                                              
DOEED has  the expertise to do  that today because  the department                                                              
has  specialists  who  know  what   it  should  cost  in  a  given                                                              
community.   He said he  has worked with  the Department  of Labor                                                              
and DOEED  to try  to come  up with  a series  of qualifiers  that                                                              
would provide objective numbers from  which to create a worksheet.                                                              
                                                                                                                                
Number 1623                                                                                                                     
                                                                                                                                
SENATOR  LEMAN pointed  out  another concern  is  that one  school                                                              
district may have a different policy  when it comes to negotiating                                                              
employee  contracts. For  example, if  employee contracts  account                                                              
for  80 to  85 percent  of  district costs,  would  there be  some                                                              
standardization  or oversight  of  that percentage.  He  cautioned                                                              
that if a district wanted to increase  its area cost differential,                                                              
it could just negotiate higher contracts.                                                                                       
                                                                                                                                
SENATOR TAYLOR said  he has not attempted to address  that because                                                              
those decisions are left to local control.                                                                                      
                                                                                                                                
SENATOR TAYLOR continued describing  SB 94. Section 6 provides for                                                              
a  declining  fund adjustment  to  allow  for  a gentle  slope  to                                                              
compensate for declining enrollments  in school districts that are                                                              
suffering from a  reduction in student population.   He maintained                                                              
that  the  foundation  formula  provides  well  for  increases  in                                                              
student population  but districts  "fall off  of cliffs"  if their                                                              
enrollment declines. The legislature  attempted to set percentiles                                                              
- a  school had  to lose more  than 10  percent of its  population                                                              
before  it got help.   That  number was  then reduced  to five  or                                                              
seven  percent.   He replaced  the percentage  with language  that                                                              
says if  school enrollment is  declining, the school  will receive                                                              
75 percent for  that phantom child the first year,  50 percent the                                                              
second year, and  25 percent the third.  That  would provide three                                                              
full years to adjust contracts with  educators.  He indicated that                                                              
he is flexible on those numbers but  his goal is to make a gentler                                                              
transition for schools.                                                                                                         
                                                                                                                                
Number 1450                                                                                                                     
                                                                                                                                
SENATOR LEMAN asked if that mechanism  will kick in if any decline                                                              
in enrollment occurs  because the bill says the decline  must be 4                                                              
percent or more.                                                                                                                
                                                                                                                                
SENATOR TAYLOR said  his preference is to go to zero  percent.  He                                                              
continued explaining  the bill.  Section 7  sets the base  student                                                              
allocation.  His original bill included  a $210 increase.  Because                                                              
Senator Wilken, in  SB 1, had a $145 increase he  inserted $145 in                                                              
the committee substitute,  but at one point he was  going to leave                                                              
it  blank and  let the  committee  decide the  best  number.   The                                                              
Governor's bill increases  the allocation by $115.   He added that                                                              
the fiscal notes  increase the cost by $30 million  if no revenues                                                              
are collected  by requiring  a higher percentage  of pay  from the                                                              
rich tax-base  districts.   He explained that  if the  federal aid                                                              
impact  deduction was  at 100 percent,  about  $12 to $13  million                                                              
would be  added back into the  formula and reduce the  fiscal note                                                              
to about  $20 million.   He hoped for  a $50 million  increase but                                                              
because of the emotion surrounding  the North Slope Borough issue,                                                              
he modified that amount for the sake of agreement.                                                                              
                                                                                                                                
SENATOR TAYLOR  then explained  that Section  8 contains  the same                                                              
language.  It  changes the threshold level on what  was called the                                                              
single site  argument -  it only  impacts two districts,  Wrangell                                                              
and Petersburg.   He noted that  is an arbitrary number  and there                                                              
should   probably  be   a  better   way   of  handling   declining                                                              
enrollments.                                                                                                                    

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