Legislature(2021 - 2022)DAVIS 106
05/06/2022 08:00 AM House EDUCATION
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| Audio | Topic |
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| Start | |
| SB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 34 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
May 6, 2022
8:04 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
CS FOR SENATE BILL NO. 34(JUD)
"An Act relating to a demonstration state-tribal education
compact; relating to demonstration state-tribal education
compact schools; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 34
SHORT TITLE: STATE-TRIBAL EDUCATION COMPACT SCHOOLS
SPONSOR(s): SENATOR(s) STEVENS
1/25/2021 (S) PREFILE RELEASED 1/8/21
1/25/2021 (S) READ THE FIRST TIME REFERRALS
1/25/2021 (S) EDC, JUD
4/21/2021 (S) EDUCATION at 09:00 AM BUTROVICH 205
4/21/2021 (S) Heard & Held
4/21/2021 (S) Minutes (SEDC)
4/23/2021 (S) EDUCATION at 09:00 AM BUTROVICH 205
4/23/2021 (S) <Bill Hearing Canceled>
4/23/2021 (S) Minutes (SEDC)
4/28/2021 (S) EDUCATION at 09:00 AM BUTROVICH 205
4/28/2021 (S) Heard & Held
4/28/2021 (S) Minutes (SEDC)
2/11/2022 (S) EDUCATION at 09:00 AM BUTROVICH 205
2/11/2022 (S) Heard & Held
2/11/2022 (S) Minutes (SEDC)
2/16/2022 (S) EDUCATION at 09:00 AM BUTROVICH 205
2/16/2022 (S) Heard & Held
2/16/2022 (S) Minutes (SEDC)
2/23/2022 (S) EDUCATION at 09:00 AM BUTROVICH 205
2/23/2022 (S) Heard & Held
2/23/2022 (S) Minutes (SEDC)
3/3/2022 (S) EDUCATION at 10:00 AM BUTROVICH 205
3/3/2022 (S) Heard & Held -- Please note time change --
3/3/2022 (S) Minutes (SEDC)
3/11/2022 (S) EDUCATION at 09:00 AM BUTROVICH 205
3/11/2022 (S) <Above Item Removed from Agenda>
3/11/2022 (S) Minutes (SEDC)
3/17/2022 (S) EDUCATION at 09:00 AM BUTROVICH 205
3/17/2022 (S) Moved CSSB 34(EDC) Out of Committee -- Please
note time change --
3/17/2022 (S) Minutes (SEDC)
3/18/2022 (S) EDC RPT CS 4DP NEW TITLE
3/18/2022 (S) DP: HOLLAND, MICCICHE, STEVENS, BEGICH
3/23/2022 (S) FN1: ZERO(EED)
3/23/2022 (S) JUDICIARY at 01:30 PM BUTROVICH 205
3/23/2022 (S) Heard & Held
3/23/2022 (S) Minutes (SJUD)
3/28/2022 (S) JUDICIARY at 01:30 PM BUTROVICH 205
3/28/2022 (S) Moved CSSB 34(JUD) Out of Committee
3/28/2022 (S) Minutes (SJUD)
3/30/2022 (S) JUD RPT CS 3DP 1NR NEW TITLE
3/30/2022 (S) DP: HOLLAND, MEYERS, KIEHL
3/30/2022 (S) NR: HUGHES
3/30/2022 (S) FN1: ZERO(EED)
3/30/2022 (S) RULES TO CALENDAR 3/30/22
3/30/2022 (S) READ THE SECOND TIME
3/30/2022 (S) JUD CS ADOPTED UC
3/30/2022 (S) ADVANCED TO THIRD READING 4/4 CALENDAR
4/4/2022 (S) READ THE THIRD TIME CSSB 34(JUD)
4/4/2022 (S) PASSED Y13 N1 E4 A2
4/4/2022 (S) EFFECTIVE DATE(S) ADOPTED Y14 N- E4 A2
4/4/2022 (S) TRANSMITTED TO (H)
4/4/2022 (S) VERSION: CSSB 34(JUD)
4/5/2022 (H) READ THE FIRST TIME REFERRALS
4/5/2022 (H) TRB, EDC
4/5/2022 (H) CROSS SPONSOR(S): FOSTER
4/14/2022 (H) CROSS SPONSOR(S): FIELDS
4/14/2022 (H) TRIBAL AFFAIRS at 08:00 AM DAVIS 106
4/14/2022 (H) Heard & Held -- Delayed to 8:30 am --
4/14/2022 (H) Minutes (HTRB)
4/25/2022 (H) CROSS SPONSOR(S): ZULKOSKY
4/26/2022 (H) TRIBAL AFFAIRS at 08:00 AM DAVIS 106
4/26/2022 (H) Moved HCS CSSB 34(TRB) Out of Committee
4/26/2022 (H) Minutes (HTRB)
4/27/2022 (H) TRB RPT HCS(TRB) 4 DP
4/27/2022 (H) DP: ORTIZ, TARR, FIELDS, ZULKOSKY
4/27/2022 (H) FN1: ZERO(EED)
5/2/2022 (H) EDUCATION at 08:00 AM DAVIS 106
5/2/2022 (H) <Bill Hearing Reschedule to 5/4/22> -- MEETING
CANCELED --
5/4/2022 (H) EDUCATION at 08:00 AM DAVIS 106
5/4/2022 (H) <Bill Hearing Canceled> -- MEETING CANCELED
5/6/2022 (H) EDUCATION at 08:00 AM DAVIS 106
WITNESS REGISTER
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HCS CSSB
34(TRB) and responded to questions.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave a sectional analysis and answered
questions on HCS CSSB 34(TRB) on behalf of Senator Stevens,
prime sponsor.
JULIE KITKA, President
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Provided invited testimony and answered
questions on HCS CSSB 34(TRB).
JOEL ISAAK, Tribal Liaison Project Coordinator
Department of Early Education and Development
Kenai, Alaska
POSITION STATEMENT: Provided invited testimony and answered
questions on HCS CSSB 34(TRB).
ACTION NARRATIVE
8:04:55 AM
CO-CHAIR HARRIET DRUMMOND called the House Education Standing
Committee meeting to order at 8:04 a.m. Representatives Cronk
(via Teams), Gillham, Hopkins (via Teams), Prax, Story, and
Drummond were present at the call to order.
SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
8:05:48 AM
CO-CHAIR DRUMMOND announced that only order of business would be
CS FOR SENATE BILL NO. 34(JUD), "An Act relating to a
demonstration state-tribal education compact; relating to
demonstration state-tribal education compact schools; and
providing for an effective date."
[Before the committee was HCS CSSB 34(TRB).]
8:06:06 AM
SENATOR GARY STEVENS, Alaska State Legislature, as prime
sponsor, stated that, after 10 committee meetings and several
versions, HCS CSSB 34(TRB) has gone through multiple changes and
compromises. He explained that education compacting is the
process which would allow state and tribal entities to enter
into a formal agreement to recognize a tribe's authority to
operate and oversee K-12 schools. He stated that through the
process it became clear that those involved would need to
negotiate for themselves, and the version of the legislation in
front of the committee would give the Alaska's federally
recognized tribes, local school districts, and the State Board
of Education and Early Development (SBOE) time to negotiate the
details of a system for state-tribal education compacting. To
begin the process, negotiations would create a formal proposal
on a model, and in the next few years this proposal would be
introduced to the legislature. He provided that state-tribal
education compacting would be a great opportunity to embrace
Alaska Indigenous history, culture, and language, and put this
into the curriculum for Alaska Native students and other
students in the state. He reiterated that this version of the
bill represents compromise and provides the time "to get it done
right."
8:08:22 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, stated that HCS CSSB 34(TRB) has gone through
several iterations, beginning with the complex approach modeled
after the State of Washington's state-tribal education compact.
After the complexity of the process had been realized, there was
a decision to step back, resulting in the pared-down version of
the original bill. He stated that [in this version of the bill]
the federally recognized tribes in Alaska have been given the
time to negotiate and develop a model to then present to the
legislature at a later time. At that later time, the
legislation would be debated, discussed, and ideally enacted.
MR. LAMKIN gave a sectional analysis of HCS CSSB 34(TRB),
[included in the committee packet], which read as follows
[original punctuation provided]:
Sec. 1: Adds uncodified law directing the state Board
of Education and Early Development (SBOE):
(a) To negotiate a demonstration state-tribal
education compact with federally recognized
tribes (FRT) and tribal organizations in the
state not to exceed a term of 5 years and for no
more than 5 schools.
(b) Have a deadline of December 31, 2022 for FRTs
to express their interest and to identify parties
of the negotiation;
(c) For negotiations to commence by March 31,
2023, which must include consultation with
existing local school boards and the collective
bargaining unit representing local teachers
during the negotiation process, where applicable;
(d) Have a deadline of January 31, 2024 for the
SBOE to file a report to the legislature on its
findings and recommendations, which may include
proposed legislation modeling a formal compact.
(e) Defines "board" as the state Board of
Education and Early Development
Sec. 2: Adds a conditional effect to uncodified law,
directing that the compacts negotiated in 1(a)
above must subsequently include legislation
enacted by June 30, 2026 authorizing the formal
establishment of state-tribal education compact
schools.
Sec.3: Establishes an immediate effective date.
8:11:38 AM
CO-CHAIR DRUMMOND, addressing the timeline, questioned whether
the five schools would be operational before July 1, 2026.
MR. LAMKIN responded in the affirmative. He said that the dates
have been negotiated, but he warned that the approach to
compacting would be deliberate and careful, and it would start
as a demonstration project. He reiterated that, because this
would be a transformational change, there would be no rush.
8:12:33 AM
REPRESENTATIVE GILLHAM, referencing AS 14.16.310, said this
statute specifies that state boarding schools are considered a
school district. He questioned whether a school district inside
of a school district would be created.
MR. LAMKIN responded that "that is a stab at what could be." He
said it is a possibility, but this would be discussed during
negotiations.
8:13:10 AM
CO-CHAIR STORY expressed the assumption that districts already
know which [tribes] would be interested. She said, as knowledge
of the program spreads, more entities could become interested.
She questioned how the first deadline was determined and whether
this should be expanded.
MR. LAMKIN responded that the last committee of referral
possibly set the deadline. He stated that he did not exactly
remember, but the federally recognized tribes negotiated to have
the process begin sooner so interested parties could come
forward. He considered that, when the timeframe had been set,
it did not seem unreasonable. He deferred to Ms. Kitka.
8:14:39 AM
JULIE KITKA, President, Alaska Federation of Natives (AFN),
thanked the committee and urged the swift passage of HCS CSSB
34(TRB). She acknowledged that the effort would be a
demonstration and multiple questions would be generated in the
process. She expressed the hope that after the demonstration
process the legislature would be presented with the "pieces of
the puzzle" to go forward. In response to whether the deadline
should be changed, she said that AFN had been guided by the
Bureau of Indian Affairs (BIA) demonstration project on
compacting. She explained that the BIA project began with 10
tribes across the country, including [the Central Council of the
Tlingit and Haida Tribes of Alaska]. She stated that in the
following year the BIA demonstration project allowed 10 more
tribes to participate. In regard to the state's compacting
demonstration, she expressed the expectation that five tribes
would initially participate. She stated that, as things
develop, AFN would report back to the legislature quickly in the
interest of other tribes or for the need to change deadlines.
To bring forward questions in a timely manner, she stated that
AFN would participate in good faith discussions with the
federally recognized tribes, the commissioner of the Department
of Education and Early Development (DEED), SBOE, and the
legislature. She added that there have been no known problems
with the initial deadline, and if so, the problems would be
brought forward.
MS. KITKA provided that passing the legislation would be a
strong benefit to the education of Alaska Native children, but
it also would be relevant to the federal government and the
federal [Indian] trust responsibility. She explained that the
trust responsibility represents a long body of federal law, and
"we are trying to hold the federal government's feet to the fire
on education, and not let the federal government walk away from
our children." She stated that federal support would be needed
for the education piece, but also for facilities, curricula,
technology, and teacher preparation. She urged the committee to
back the legislation, as it would send the important signal to
the federal government that the State of Alaska wants to work
with the federally recognized tribes. She stated that, coming
out of the [COVID-19] pandemic, some things could be improved
for Native children, and AFN would work "hand in hand" with the
state. She made the caveat that this would not be an
adversarial negotiation or "gotcha type thing;" instead, it
would relate "how can we reset these relationships, work
together, and find that common ground." She stated that the
current change in technology and expansion of broadband could be
used to develop more types of curricula for schools, and AFN is
interested in working with the state closely to see what can be
accomplished. She expressed the opinion that some of the
benefits of negotiations could also help schools not part of the
compacting process.
8:19:15 AM
MS. KITKA continued that, because of the historic levels of
federal funding from the [Infrastructure Investment and Jobs Act
(IIJA)], it is important to send a message to the federal
government to ensure the educational needs of Alaska Native
children, and all involved, are not left behind. She stated
that AFN testified to [the U.S. Senate Committee on Indian
Affairs] that a federal rider needs to be removed. She
explained that the rider prohibits federal funding for schools
coming into rural areas. The rider had been put in place when
the Alaska Permanent Fund had extensive resources, and federal
revenue had not been politically sustainable. She argued that
prohibition from federal resources for rural facilities does not
make sense, especially with the historic levels of
infrastructure funding. She stated that AFN does not have all
the answers, and this would not be a request to turn the
education system "upside down," but it would be a chance for the
state, school districts, and tribes to talk about improvement.
She stated that the proposed legislation allows flexibility, but
AFN would notify the legislature with any needed statutory
changes.
MS. KITKA indicated that the AFN convention plans to have a
major component dedicated to [state-tribal education
compacting], as this would be an opportunity to raise the
importance of innovation in education and to build bridges all
across the state. She expressed excitement that momentum is
building, but because many questions are not answered, there
would need to be a phase one and phase two. She thanked Senator
Stevens for his leadership, as the proposed legislation is
"right on the money."
8:22:07 AM
CO-CHAIR DRUMMOND expressed appreciation that Ms. Kitka
highlighted federal accountability issues. She expressed the
opinion that schools should be seen as critical infrastructure,
and, without school bond debt reimbursement, there is a long
list of school facilities with needs. She expressed the
realization that the school facility issue may not be part of
the compacting agreement, but perhaps the conversation could
move in this direction, because the facilities need to be safe
places for all students in every community. She expressed
confidence that the legislation could move forward immediately.
MS. KITKA responded in agreement on the need for safe
facilities. Noting the influence of climate change, she stated
that the melting of the permafrost has affected runways,
community buildings, housing, and schools. She agreed that the
facilities need attention, and federal resources could help.
She stated that housing is missing from IIJA, and the federal
government needs to consider this. She clarified that AFN would
not ask the federal government for more than necessary, but it
would ask to be treated fairly and not be excluded from
[benefits given] in other parts of the country.
8:24:48 AM
SENATOR STEVENS, in response to Representative Prax, stated that
Ms. Kitka has been dealing with the districts and tribes who are
ready to begin compacting. He warned that, to make sure the
tribal schools would be successful, the process should not be
"thrown open" right away. He expressed the opinion that it
would be "a terrible shame if it was a failure." He deferred to
Ms. Kitka.
MS. KITKA, in response, stated that entities have indicated
interest, but there has been no prejudgment on which areas would
be ready. She stated that the Nome area is very familiar with
the compacting model and has shown interested. She indicated
the Nome area has been in the federal system with clean audits
for a period of time and is considered a "mature compactor."
She expressed hope that the areas selected would represent a
geographic spread between small and large communities. She said
that the process would be exploratory, with the idea being that
DEED would confirm its selection and put other interested
parties in a queue on a scale of readiness. She expressed the
belief that there would be considerable interest, but many
groups may wait for the results of the initial groups and
compare their capabilities. She argued that [compacting] is
about the education of Native children and taken very seriously;
[its implementation] would not be a "kneejerk reaction" but done
carefully and cautiously. She said there has been a focus on a
solid legal foundation, analyzing the federal aspect carefully,
so nothing would fall apart.
8:28:40 AM
MS. KITKA, responding to a follow-up question, stated that AFN
has provided two documents [available in BASIS] to the
legislature as part of the legal foundation. She stated that
one of the documents explains the origins of self-determination
and the history of [the federal Indian trust responsibility].
The second legal document focuses on state-tribal education
compacting. She observed that the relationship between the
federal government and the State of Alaska has gone back and
forth "like a ping pong ball." Sometimes the federal government
has taken responsibility, and other times it pushed the
responsibility back to the state. She continued that the state
has taken responsibility and then pushed it back to the federal
government. She stated that AFN is committed to holding the
federal government responsible, stressing that AFN would not go
back to the federal government's BIA schools. She reinforced
that these relationships should be forward looking with the
intention to benefit the Native people and children. She stated
that AFN would be requesting support from the federal government
for additional curriculum development to incorporate Indigenous
knowledge. She cited that there are some amazing efforts going
on now, but a more robust effort is needed.
MS. KITKA, in addressing teacher development and preparation,
stated that providing teachers with examined, baseline
information would give them confidence in their job. She voiced
the opinion that teachers have multiple demands and are often
overworked, and "in this day and age we want our teachers to be
superstars." She stated that teachers would need to have the
materials for their jobs, so they "could love where they are at"
in remote communities and not move on in their careers. She
expressed the hope that new and interesting models would focus
on what is best for the students and help teacher retention by
enhancing the experience in Native communities.
REPRESENTATIVE PRAX questioned whether there is a written
guideline for [state-tribal education compacting]. He provided
that he had not read the documentation in BASIS.
8:32:14 AM
SENATOR STEVENS, in response, explained that because of changes
in the bill there would not be a detailed plan for state-tribal
compacting, as there would be only a few schools opening in the
beginning. He added that the proposed legislation would help
create a new form of education that has yet to be written. He
emphasized there would be no intention of "dumbing education
down." He said that the example of charter schools, which
already exist in the state, could be used, and an important step
would be getting the stakeholders together to decide on a model.
He explained that the education system created by [HCS CSSB
34(TRB)] would be structured and effective like other education
systems in the state, and, because of federal assistance, it
could be better. In response to a follow-up question, he stated
that it may be a long time before there are answers, but the
proposed legislation would bring stakeholders together for a
solution. He added that there is an advantage in doing it this
way.
8:35:02 AM
MR. LAMKIN stated that the bill would not create any compacting;
simply put, this bill would send the message to the SBOE and
federally recognized tribes to negotiate and come back to the
legislature with the "nuts and bolts" of a bill which would
setup a model. He added that the two documents previously
mentioned by Ms. Kitka are in BASIS as part of public record but
not part of the packet in front of the committee.
8:36:14 AM
CO-CHAIR STORY offered her support and appreciation that the
model may help other schools. Referencing the Alaska Reads Act,
she stated that there is momentum to add cultural relevance in
schools. She offered the opinion that Native ways of knowing
should be a part of an Alaska system of education, and western
ways blended with traditional knowledge would be better for all
students. She expressed the hope that the legislation would not
stop other efforts that incorporate traditional ways of knowing
into curriculums. She added that there may be the need for an
infusion of money from the state to support this.
8:39:28 AM
MS. KITKA responded that the intention would be to open more
opportunities and not stop current initiatives. She insisted
that the proposed legislation would be a plus, with no harmful
or distracting intentions. She expressed the expectation that,
with enough focus together, things can be incrementally
improved.
8:40:25 AM
JOEL ISAAK, Tribal Liaison Project Coordinator, Department of
Early Education and Development, in an overview of [state-tribal
education compacting], said that a statewide meeting on the
Alaska's Education Challenge brought together thousands of
diverse representatives to discuss the challenges in meeting the
department's mission statement: an excellent education for every
student every day. He stated that a committee had been formed
to specifically address "community ownership of educational
excellence," with state-tribal education compacting being the
one mechanism that showed promise. He provided that SBOE
adopted this mechanism as one of the five pieces of the
education challenge. He stated that SBOE formed a subcommittee
on interstate-tribal compacting. The subcommittee consists of
three state board members who meet monthly to work on the
board's recommendations, which includes state-tribal compacting.
MR. ISAAK provided that tribes have been compacting for decades,
but in Alaska it would be a relatively new process, so DEED
would need to learn the details. He stated that the proposed
legislation would create a way [for stakeholders] to convene and
inform DEED and the public. He clarified that compacting is
about dynamic relationships, fundamentally based on
communication, so the other critical piece of the legislation
would be the partnership between DEED and AFN. He offered the
opinion that this relationship would be a powerful tool for
education, as it would create flexibility to respond to needs
that arise. To explain why answers on compacting do not seem
specific, he gave the example of parents' concern for the future
of their five-year-old child. The parents may wonder when the
child would buy a car, build a house, go to college, get
married, and have a family. To see a successful trajectory for
the child, parents may read and play with the child. They may
teach the child to bake, fish, and other things. He stated that
this is like compacting; success is created by focusing a
student's energy and allowing for a dynamic response.
8:45:05 AM
MR. ISAAK continued that Indigenous education models result in
the highest percentage of improvement for Native students. He
provided that when tribes are able to develop and teach
curricula, students learn better, and he opined educational
funding would be more efficient in this kind of learning
environment. He explained that compacting creates an approach
which allows proven successes to have a system. He exemplified
the efficiency in healthcare systems, stating that success is
reflected in rates of life expectancy and percentages of
successful surgeries. Concerning funding, success is reflected
in a decrease in the rates of negative outcomes per services
rendered. In regard to education, he described that the rates
of graduation and attendance would reflect success in students
being present in school. He referenced that he gave a
presentation at a recent reading symposium which addressed "how
do we have students say yes to wanting to be in their learning
space." He urged that students need to see themselves reflected
in the educational environment and system, and compacting would
be a way of doing that.
MR. ISAAK acknowledged that, to understand compacting, he began
by talking with first-language speakers, like grandmothers, and
continued from there. He stated that the proposed legislation
would bring these tribal voices to the table to craft their
understanding of successful compacting, and this would be
presented to the legislature. He maintained that this
collaborative effort would be presented in a way which has not
been previously seen in the state. He expressed the belief that
[a legislative] commitment would provide a firm foundation and
send the message that the state is committed. He added that,
historically, the relationship between tribes and the public
education system in Alaska has not always been positive. He
stated that this historical knowledge would inform the process
and [enacting the proposed legislation] would create trust. He
continued that a strong legislative stance would provide clear
answers to questions by supporting a discussion on the things
which need to be changed, removed, or added. He stated that the
main reason the department is in favor of the legislation is it
would align with the board's work with tribes, educators,
parents, and students. He recounted a [First Alaskans Institute
Elders and Youth Conference] that hosted a workshop to ask
students about their educational experience; a youth group
replied that [the state] would not remove standardized testing
and western education, but it would "have space for that - and -
for Alaska Native learning language and teaching." He deduced
that the statement reveals the "and" process, which would not
put one thing above the other; instead, it brings all pieces to
the table. He stated that the process created by the proposed
legislation would be a similar thing. He concluded that the
most powerful piece would be that the students want this.
8:51:03 AM
REPRESENTATIVE PRAX provided the example that recently a mining
company entered into an agreement with a Native tribe in Nome.
He stated that the agreement had been done by the established
rules, and the state had not been involved. He said the mining
operation had been working well, until the public learned about
the mine, which resulted in an adverse reaction. Concerning the
proposed legislation, he offered that it would be helpful to
gather and understand as much information as possible by the end
of the year. He urged additional steps should be taken and all
the details worked out; otherwise, in the future, there could be
"potential blowups." He stated he is supportive of the
legislation, but if there is a lack of information his opinion
could change.
MR. ISAAK responded that there are several ways the public could
be engaged: SBOE has quarterly meetings with an opportunity for
public comment; DEED's webpage has a comment section which is
dedicated to state-tribal education compacting; DEED has plans
for a newsletter which would provide information; and the public
is invited to tribal meetings. He stated that, in correlation
with different monthly tribal council elections, he has made a
"cold call" to each of the 229 tribes in the state. He stressed
the importance of tribal leaders having information before
meetings. He stated there has been outreach to school
districts, superintendents, and local school boards. He
explained that this has been the department's workflow, with
interested people supplying feedback.
REPRESENTATIVE PRAX, in response to Representative Story's
previous comment, expressed the opinion that the deadline should
not be moved forward, and things should be done sooner to give
time before the next legislature convenes. He expressed the
understanding that interested tribes are close to being
identified. He stated that it would be better with more detail.
8:57:32 AM
SENTATOR STEVENS commented that the proposed legislation would
only be a steppingstone, not the answer. He cited that one
critique has been that [state-tribal education compacting] would
teach students subsistence issues but not educate them
otherwise. He referenced Mr. Isaak and Ms. Kitka as key players
in the process. He emphasized Mr. Isaak's statement that
[state-tribal education] would be difficult and structured, and
Ms. Kitka's remark that [compacted] schools would not teach
Native youth about their culture, rather it would teach students
through their culture. He reiterated that the legislation would
be important as a steppingstone.
8:59:15 AM
CO-CHAIR STORY corrected the comment made by Representative
Prax. She voiced that her intention had been to extend the
deadline in case more tribes would want to be part of the
compacting process. She questioned whether compacted schools in
other states had been researched.
9:00:36 AM
MR. ISAAK responded that the State of Washington's tribal
schools have been studied, and the statutes governing education
for Alaska and Washington have been compared. He stated that
there are a lot of similarities, but a major difference is
schools in Washington are more prescriptive than schools in
Alaska. He stated that Washington's tribes had been asked
whether things could have been done differently. He expressed
the understanding that, from the tribal leaders' and
administrators' standpoint, "they did not crack the code on the
teacher piece." In example, he stated that [problems arose]
when teachers moved between the public school system and the
state-tribal education compact school system. He suggested that
this would be similar to teachers in Alaska who move between
different school districts. In response to the feedback from
the Washington tribes, it has been decided that Alaska
stakeholders would be brought into the conversation from the
outset. He stated that the feedback has been reflected in some
of the adopted amendments.
MR. ISAAK noted a subtle difference between the two states is
Alaska's approach. He said, "We are going slow to go really
far." He indicated that BIA Schools already existed in
Washington, and these schools transitioned into state-tribal
education compact schools. He said that Alaska does not have
the same system. He indicated that the Chief Kitsap Academy in
Washington had been funded and built by the tribe, so it is the
only school similar to Alaska's system. To understand its
process, he visited the academy and spoke with council members.
He acknowledged the academy teaches in and through its language,
but it has not fully realized how to teach through the culture.
He expressed the understanding that, even though the academy had
been operating seven-plus years, there is still room for growth.
He explained that this reference is made to "couch realistic
expectations and what it means for a compact school to start."
He stated that, in other words, change would not be realized in
one academic year. He stated, as one of the first schools
compacted, Chief Kitsap Academy has seen improvement in
graduation rates and first language proficiency. He stated
that, when looking at success, there has to be the consideration
that student learning takes time; it takes time to build the
academic, physical, and personnel infrastructure.
MR. ISAAK stated that other feedback from the State of
Washington concerned the creation of a full licensure program
for Indigenous teachers. He stated that the SBOE compacting
committee is responding by working with regulations to meet the
need for excellent educators. He added that this teacher
pathway would be a full teacher licensure program, as an
exclusive licensure program may create problems. He considered
that, if it works for everybody, everybody succeeds. In
relation to the lessons learned from state-tribal compacting in
Washington, he stated that the SBOE compacting committee has
been understanding success by looking at statutes, regulations,
and stakeholder engagement.
9:06:22 AM
CO-CHAIR DRUMMOND conveyed that some districts in Alaska have
been teaching in Native languages for decades. She referenced
that Ayaprun Elitnaurvik School in Lower Kuskokwim School
District. She said it was reported to the legislature that
initially students were not reading proficiently by third grade,
but by sixth grade students were improving. Now students at
this school are graduating at higher rates than other schools in
its district. Because those results are important, she
questioned how state-tribal education compacting would work with
the state's existing programs. She inquired whether these
schools would be incorporated in the process sooner.
MR. ISAAK responded that the compacting committee has been in
communication with immersion-program schools to make sure the
committee's work supports and interfaces with these existing
programs. He pointed out that compacting would be an opt-in
process, and tribes would not be required to participate. He
described compacting as an engine or a thinktank; a compacted
school would answer questions using its resources and tools to
work through the process. He stated that Ayaprun Elitnaurvik
School did a presentation at the recent reading symposium which
showed the process a third-grade student would go through to
transition from a Yup'ik immersion program to explicit English
teaching. He supplied that immersion-program schools have
informed the compacting process and the committee would make
sure compacting would not limit those other "educational
positive hotspots." He expressed the opinion that the compacted
schools and immersion programs would help each other with
reading standards. He relayed the expectation that the Yugtun
and Tlingit reading standards would be examined and used to
ensure academic rigor, and compacting would support, not
supplant, immersion programs. He said that a school, as an
institution, should be able to help other schools that are doing
similar work. This would carry the process further.
9:11:30 AM
CO-CHAIR STORY questioned whether the State of Washington had
used Johnson-O'Malley Program funds or state funds to support
state-tribal compacting.
MR. ISAAK stated that the proposed legislation gives time to
work out the funding for Alaska. In Alaska, there would be
local, federal, and state contribution of funds. He provided
that the tribal schools in Washington receive state and federal
funds, including funds from the Johnson-O'Malley Program, as
these funds are allotted for education. Tribal schools in
Washington also receive funds from a federal source that Alaska
would not have access to because of the "rider" Ms. Kitka
previously spoke about. He explained that, while Washington is
a state with tribal reservations, Alaska has only one
reservation. Because of this, the State of Washington has the
federal trust responsibility piece. Per compacting, this key
piece allows federal funds, which are not allotted for
education, to flow through a [reservation]. He stated that
these are federal dollars Alaska schools cannot currently
receive, but compacting, as a legal mechanism, could open up
additional channels. He stated that compacting in Alaska would
be different because of this governmental piece.
9:14:36 AM
CO-CHAIR DRUMMOND opened public testimony on CSSB 34(JUD).
9:15:08 AM
CO-CHAIR DRUMMOND announced that CSSB 34(JUD) was held over.
9:15:25 AM
ADJOURNMENT
The House Education Standing Committee was recessed to a call of
the chair at 9:15 a.m. [The committee did not reconvene before
its next regularly scheduled meeting.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| 042922 State House Education letter.pdf |
HEDC 5/6/2022 8:00:00 AM |
|
| SB 34 Tribal-Compacting Bill Text version O.PDF |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Background AFN White Paper Dec2021.pdf |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Fiscal Note 3.23.2022.PDF |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |
| SB 34 Committee Packet HEDC 5.6.22.pdf |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Sectional version O.pdf |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting SponsorStatement.pdf |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Support Letter AFN 3.16.2022.pdf |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |
| SB034_Tribal-Compacting_Summary of Changes _from W to O.pdf |
HEDC 5/6/2022 8:00:00 AM |
SB 34 |