Legislature(2021 - 2022)DAVIS 106

04/13/2022 08:00 AM House EDUCATION

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Audio Topic
09:04:01 AM Start
09:04:55 AM HB413
09:28:34 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to a 9:00 am --
+ Presentation: University of Alaska pre-teaching TELECONFERENCED
instruction, including reading and early
childhood education
<Above Item Removed from Agenda>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 413 FACILITIES CONSTITUTING A SCHOOL TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE EDUCATION STANDING COMMITTEE                                                                             
                         April 13, 2022                                                                                         
                           9:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Harriet Drummond, Co-Chair                                                                                       
Representative Andi Story, Co-Chair                                                                                             
Representative Grier Hopkins                                                                                                    
Representative Mike Prax                                                                                                        
Representative Mike Cronk                                                                                                       
Representative Ronald Gillham                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Tiffany Zulkosky                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 413                                                                                                              
"An Act relating to facilities constituting a school; and                                                                       
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PRESENTATION: University of Alaska pre-teaching instruction,                                                                    
including reading and early childhood education                                                                                 
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 413                                                                                                                  
SHORT TITLE: FACILITIES CONSTITUTING A SCHOOL                                                                                   
SPONSOR(s): EDUCATION                                                                                                           
                                                                                                                                
04/04/22       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/04/22       (H)       EDC                                                                                                    
04/06/22       (H)       EDC AT 8:00 AM DAVIS 106                                                                               
04/06/22       (H)       Heard & Held                                                                                           
04/06/22       (H)       MINUTE(EDC)                                                                                            
04/13/22       (H)       EDC AT 8:00 AM DAVIS 106                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ELWIN BLACKWELL, School Finance Manager                                                                                         
Department of Education and Early Development                                                                                   
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided  invited  testimony  during  the                                                             
hearing on HB 413.                                                                                                              
                                                                                                                                
GENE STONE, Superintendent                                                                                                      
Lower Kuskokwim School District                                                                                                 
Mountain Village, Alaska                                                                                                        
POSITION STATEMENT:  Answered questions  during the hearing on HB
413.                                                                                                                            
                                                                                                                                
ANDREW LEAVITT, Chief Business Officer                                                                                          
Lower Kuskokwim School District                                                                                                 
Mountain Village, Alaska                                                                                                        
POSITION STATEMENT:  Answered questions  during the hearing on HB
413.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:04:01 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  ANDI   STORY  called   the  House   Education  Standing                                                             
Committee  meeting  to  order  at   9:04  a.m.    Representatives                                                               
Hopkins, Cronk  (via Teams), Prax,  Gillham, Drummond,  and Story                                                               
were present at the call to order.                                                                                              
                                                                                                                                
            HB 413-FACILITIES CONSTITUTING A SCHOOL                                                                         
                                                                                                                                
9:04:55 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY  announced that the  only order of  business would                                                               
be  HOUSE   BILL  NO.  413,   "An  Act  relating   to  facilities                                                               
constituting a school; and providing for an effective date."                                                                    
                                                                                                                                
CO-CHAIR STORY  noted that since the  last hearing on HB  413 [on                                                               
4/6/2022], the committee received  the [Hooper Bay School average                                                               
daily  membership and  funding chart,  included in  the committee                                                               
packet], in response to questions  sent by the committee, and she                                                               
said  representatives of  the Department  of Education  and Early                                                               
Development  (DEED)  would  provide clarification  regarding  the                                                               
chart.                                                                                                                          
                                                                                                                                
9:08:11 AM                                                                                                                    
                                                                                                                                
ELWIN BLACKWELL, School Finance  Manager, Department of Education                                                               
and Early Development,  concerning HB 413, reviewed  the chart on                                                               
the funding for the Hooper Bay  School.  He provided that, before                                                               
the charter  school opened, in fiscal  year 2019 (FY 19)  and (FY                                                               
20),  the Hooper  Bay School  was receiving  two adjustments:  an                                                               
adjustment for grades K-6 and an  adjustment for grades 7-12.  He                                                               
stated  that in  those two  years the  basic need  generated over                                                               
$8.3 million  and $9  million, respectively.   He  continued that                                                               
when the  charter school opened in  FY 21, the Hooper  Bay School                                                               
went back  to receiving  only one adjustment  for grades  K-12 in                                                               
the regular  school.   After this change  the funding  dropped to                                                               
$7.2 million in FY 21 and $7.5 million  in FY 22.  He pointed out                                                               
that the charter school generated  just under $900,000 in revenue                                                               
in  FY  21 and  again  in  FY  22.   In  FY  21 the  two  schools                                                               
collectively generated  a total funding  of $8.1 million.   Using                                                               
the  same  calculation,  funding  for  FY  22  resulted  in  $8.4                                                               
million.  Comparing  these numbers with funds generated  in FY 19                                                               
and  FY 20,  the  total basic  need amount  fell  just less  than                                                               
$800,000 [per year].  He  stated that the chart represents actual                                                               
years, and no projected numbers are listed for FY 23.                                                                           
                                                                                                                                
9:11:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX expressed the opinion  that, at some point in                                                               
the distant  past, the school  funding formula made sense  to the                                                               
legislature, and  "now it  does not make  sense for  Hooper Bay."                                                               
He questioned whether this would  be a permanent solution, or the                                                               
basic  formula would  need  to be  reconsidered  because of  this                                                               
unique situation.   He stated that a change had  been made within                                                               
the  formula, but  [the situation  with Hooper  Bay] is  "not the                                                               
fault of  the legislature."   He said  that creating  the charter                                                               
school may have seemed like  a good idea, but perspective changes                                                               
when the  legislature is  obligated to provide  the funding.   He                                                               
questioned   whether  the   proposed  legislation   would  create                                                               
consequences for school funding in the entire state.                                                                            
                                                                                                                                
MR. BLACKWELL responded  that the situation is  fairly unique and                                                               
most likely  not an  overlook by the  legislature.   He explained                                                               
that  an unforeseen  situation occurred  when a  remote community                                                               
with a single school opened a  charter school.  While the charter                                                               
school  statute has  been  in  existence for  some  time, no  new                                                               
charter schools  opened in  remote areas of  the state  [until in                                                               
Hooper  Bay].   He stated  that the  situation is  unique because                                                               
Hooper Bay School  is one of the largest schools  in a rural area                                                               
with a  single facility for  grades K-12.   He asserted  that the                                                               
proposed legislation  would correct [Hooper Bay  School's funding                                                               
situation] and not likely affect another school for many years.                                                                 
                                                                                                                                
MR.  BLACKWELL  noted that  a  community  with an  average  daily                                                               
membership (ADM) from  [at least] 101 but under 425  were to open                                                               
a  charter  school, in  accordance  with  the statute,  then  the                                                               
community's K-12 school would still  get the two adjustments.  He                                                               
stated the issue is  that Hooper Bay School is over  425 ADM.  He                                                               
stated  that the  K-12 school  already existed  when the  charter                                                               
school  opened; thus,  under the  statute, Hooper  Bay School  is                                                               
seen  as administering  two  schools, like  a  facility within  a                                                               
facility.  He  stated that two schools are  being administered at                                                               
one facility, and "that is where  the rub has come in within this                                                               
part of  the statute."  He  stated that because the  regular K-12                                                               
school  no  longer  gets  two adjustments,  there  is  a  funding                                                               
shortfall for that facility.                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX   said,  "It   appears  that  there   is  an                                                               
assumption that the  state is required to  fund whatever programs                                                               
a school  district wants to  develop."   He argued that,  at some                                                               
point, there  will be a limit  to the amount of  available funds.                                                               
He continued that opening another  school in Hooper Bay increased                                                               
the  funding per  student in  that district  and took  away money                                                               
that would  be available  in other districts.   He  expressed the                                                               
belief  that  the  problem  is  "the  legislature  apparently  is                                                               
expected to fund what somebody  else is requesting, and we really                                                               
don't have control over the  funding."  He expressed concern over                                                               
the  basic  problem  of  expectation.    He  continued  that  the                                                               
expectation is  unrealistic because [oil revenues]  are supplying                                                               
less funding than it did 10 or 15 years ago.                                                                                    
                                                                                                                                
9:17:49 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  STORY  stated  that the  Lower  Yukon  School  District                                                               
(LYSD) and community  members put forth the request  to start the                                                               
charter school.  She said it  is provided in statute that a local                                                               
school board  could refuse  to grant  a charter  school.   If the                                                               
local school board refuses, then  community members could request                                                               
the charter  school through DEED.   She  stated that there  are a                                                               
couple ways  charter schools can  be authorized, but she  was not                                                               
certain  where this  request originated.   She  stated that  DEED                                                               
sponsored the  proposed legislation,  but there are  also letters                                                               
of support from LYSD.                                                                                                           
                                                                                                                                
MR.  BLACKWELL expressed  the  understanding  that the  community                                                               
would go  to its school board,  and if the school  board rejected                                                               
the  idea, the  community could  then go  to the  State Board  of                                                               
Education for approval,  and the charter school  could be created                                                               
through that mechanism.   He offered that he is  not an expert on                                                               
charter schools.                                                                                                                
                                                                                                                                
CO-CHAIR  STORY  explained that  she  reviewed  the statute  that                                                               
outlines  what  constitutes  a  school.   She  said  the  statute                                                               
provides that, when the ADM is  greater than 425, only one school                                                               
can  be  administered  in  one facility;  thus,  the  Hooper  Bay                                                               
facility  does  not qualify  as  having  separate schools.    She                                                               
offered her  understanding that the  situation is  unique because                                                               
areas  with  a  larger  population usually  have  more  than  one                                                               
facility.  She stated that  the proposed legislation would change                                                               
the statute to exclude charter  schools, so Hooper Bay [would not                                                               
be penalized for] having two different schools in one facility.                                                                 
                                                                                                                                
MR BLACKWELL responded in the affirmative.                                                                                      
                                                                                                                                
9:21:42 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY  related that online  research shows  the economic                                                               
makeup of the community of  Hooper Bay is within the ninety-ninth                                                               
percental  of  low  economic  social  indicators,  but  then  the                                                               
community was  also considered to  be at a medium  poverty level.                                                               
She posed the  question how a low economic rating  equated with a                                                               
medium poverty level.                                                                                                           
                                                                                                                                
MR.   BLACKWELL  stated   that   he  is   unfamiliar  with   that                                                               
information.  He deferred to the school district representative.                                                                
                                                                                                                                
9:22:54 AM                                                                                                                    
                                                                                                                                
GENE  STONE,  Superintendent,  Lower Kuskokwim  School  District,                                                               
responded that he  does not know how these  ratings were derived.                                                               
He  stated  that  there  is   a  number  of  factors  that  would                                                               
differentiate poverty  levels, such as housing  and unemployment.                                                               
He deferred to Andrew Leavitt.                                                                                                  
                                                                                                                                
9:23:35 AM                                                                                                                    
                                                                                                                                
ANDREW LEAVITT,  Chief Business  Officer, Lower  Kuskokwim School                                                               
District, stated that the entire  district is under the community                                                               
eligibility provision (CEP) and above  100 percent for the school                                                               
lunch program.   In other  words, he  stated that 100  percent of                                                               
the district would be considered low income.                                                                                    
                                                                                                                                
9:24:28 AM                                                                                                                    
                                                                                                                                
MR. STONE,  in regard to Representative  Prax's previous comment,                                                               
clarified  that  choosing to  have  a  charter school  would  not                                                               
require additional  funds.  He  stated that for  charter schools,                                                               
funding follows the students, so the  funding would be there.  He                                                               
continued  that the  school district  was penalized.   He  argued                                                               
that the  district would not  be seeking  any more than  what was                                                               
previously supplied.   He stated  that the multiplier  for grades                                                               
7-12 was  lost, and the  school would  like that restored  to its                                                               
regular funding  formula.  He  indicated that, in  actuality, the                                                               
charter school  has not  cost the state  anything, but  rather it                                                               
has cost  the district  $2 million.   He  deduced that,  over the                                                               
past two years, the state has had a surplus of $2 million.                                                                      
                                                                                                                                
9:25:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  questioned  the  impact  on  the  [K-12                                                               
regular school]  when the funding  was reduced.   She conjectured                                                               
that the school lost staff, and  its bills were unpaid.  She also                                                               
questioned whether the charter school  contributes to the cost of                                                               
the facility in which both schools are housed.                                                                                  
                                                                                                                                
MR.  STONE  responded  that three  teachers  in  the  traditional                                                               
school  were  lost because  of  the  program shift  and  students                                                               
moving to  the charter school.   He stated that the  remainder of                                                               
cost was  distributed throughout  the district.   He  stated that                                                               
the result  across the district  was a reduction in  staff, which                                                               
was  a combination  of  a classified  reduction  and a  certified                                                               
reduction.   He stated that  83 percent of the  school district's                                                               
budget  is  human resource  driven,  so  personnel was  primarily                                                               
where the funding was lost.                                                                                                     
                                                                                                                                
9:28:05 AM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY set an amendment deadline.                                                                                       
                                                                                                                                
[HB 413 was held over.]                                                                                                         
                                                                                                                                
9:28:34 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Education Standing Committee meeting was adjourned at 9:28 a.m.                                                                 

Document Name Date/Time Subjects
HB 413 and SB 236 Analysis by David Means, Legislative Data Analyst, ALASBO.pdf HEDC 4/13/2022 8:00:00 AM
HB 413
SB 236
HB 413 DEED funding chart.pdf HEDC 4/13/2022 8:00:00 AM
HB 413