Legislature(2007 - 2008)CAPITOL 106
03/27/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB157 | |
| Board of Education and Early Development | |
| Professional Teaching Practices Commission | |
| State Medical Board | |
| University of Alaska Board of Regents | |
| HB181 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 157 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 181 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
March 27, 2007
3:04 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Bob Roses, Vice Chair
Representative Anna Fairclough
Representative Mark Neuman
Representative Paul Seaton
Representative Sharon Cissna (via teleconference)
Representative Berta Gardner
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Bob Lynn
Representative Carl Gatto
COMMITTEE CALENDAR
HOUSE BILL NO. 157
"An Act relating to charter school funding."
- MOVED CSHB 157(HES) OUT OF COMMITTEE
CONFIRMATION HEARING(S)
Board of Education and Early Development
Patrick Shier
- CONFIRMATION ADVANCED
Professional Teaching Practices Commission
Braxton "Eddy" Jeans
Michael Husa
Cindy Lou Aillaud
Jeffrey Hebard
- CONFIRMATION(S) ADVANCED
State Medical Board
Jean M. W. Tsigonis, M.D.
- CONFIRMATION ADVANCED
University of Alaska Board of Regents
Tim Brady
Fuller Cowell, II
Patricia Jacobson
Kirk Wickersham
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 181
"An Act relating to traffic offenses and traffic offenses
committed in a school zone; and providing for an effective
date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 157
SHORT TITLE: CHARTER SCHOOL FUNDING
SPONSOR(s): REPRESENTATIVE(s) RAMRAS
02/28/07 (H) READ THE FIRST TIME - REFERRALS
02/28/07 (H) HES, FIN
03/27/07 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 181
SHORT TITLE: TRAFFIC OFFENSES: FINES/SCHOOL ZONES
SPONSOR(s): REPRESENTATIVE(s) WILSON
03/07/07 (H) READ THE FIRST TIME - REFERRALS
03/07/07 (H) HES, JUD
03/22/07 (H) HES AT 3:00 PM CAPITOL 106
03/22/07 (H) Heard & Held
03/22/07 (H) MINUTE(HES)
03/27/07 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the prime sponsor, introduced HB 157.
EMILY STANCLIFF, Staff
to Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
157.
EDDY JEANS, Director
School Finance & Facilities Section
Department of Education and Early Development (EED);
Appointee,
Professional Teaching Practices Commission
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
157 and testified as appointee to the Professional Teaching
Practices Commission.
SAMUEL SHIELDS, Co-Chair
Ayaprun Elitnaurvk Yup'ik Immersion Charter School
Bethel, Alaska
POSITION STATEMENT: Testified in support of HB 157.
AGATHA JOHN SHIELDS, Principal
Ayaprun Elitnaurvk Yup'ik Immersion Charter School
Bethel, Alaska
POSITION STATEMENT: Testified in support of HB 157.
ELEANOR LAUGHLIN, Principal
Effie Kokrine Charter School
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 157.
ELYSE GUTTENBERG, Administrator
Fairbanks Native Association
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 157.
CATIE BURSCH, Parent
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 157.
JANET BOWEN, Administrative Specialist and Outreach Coordinator
Fireweed Academy Charter School
Homer, Alaska
POSITION STATEMENT: Speaking as an individual, testified in
support of HB 157.
BRENDA TAYLOR, Parent
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 157.
MARY HAKALA, Parent
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing of HB 157.
BARBARA THURSTON, Parent
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing of HB 157.
HARIETTE MILKS, Parent
Juneau Community Charter School
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing of HB 157.
PATRICK J. SHIER, Appointee
to the Board of Education and Early Development;
Deputy Director
Employment Security Tax
Central Office
Division of Employment Security
Department of Labor & Workforce Development
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Education and Early Development.
MICHAEL D. HUSA, Appointee
to the Professional Teaching Practices Commission
Bethel, Alaska
POSITION STATEMENT: Testified as appointee to the Professional
Teaching Practices Commission.
CINDY LOU AILLAUD, Appointee
to the Professional Teaching Practices Commission
Delta Junction, Alaska
POSITION STATEMENT: Testified as appointee to the Professional
Teaching Practices Commission.
JEAN M. W. TSIGONIS, M. D., Appointee
to the State Medical Board
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the State Medical
Board.
TIM BRADY, Appointee
to the University of Alaska Board of Regents
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the University of
Alaska Board of Regents.
FULLER A. COWELL II, Appointee
to the University of Alaska Board of Regents
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the University of
Alaska Board of Regents.
PATRICIA A. JACOBSON, Appointee
to the University of Alaska Board of Regents
Kodiak, Alaska
POSITION STATEMENT: Testified as appointee to the University of
Alaska Board of Regents.
KIRK WICKERSHAM, Appointee
to the University of Alaska Board of Regents
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the University of
Alaska Board of Regents.
ROBERT MYERS JR., Intern
to Representative Peggy Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the sectional analysis for HB 181
on behalf of Representative Peggy Wilson, sponsor.
BOB MYERS, Custodian
Fairbanks Public Schools
Fairbanks, Alaska
POSITION STATEMENT: Speaking as an individual, testified in
support of HB 181.
ACTION NARRATIVE
CHAIR PEGGY WILSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:04:57 PM.
Representatives Wilson, Gardner, Fairclough, Neuman, and Cissna
(via teleconference) were present at the call to order.
Representatives Seaton and Roses arrived as the meeting was in
progress. Also in attendance were Representatives Lynn and
Gatto.
HB 157-CHARTER SCHOOL FUNDING
3:05:29 PM
CHAIR WILSON announced that the first order of business would be
HOUSE BILL NO. 157, "An Act relating to charter school funding."
3:05:54 PM
REPRESENTATIVE JAY RAMRAS, Alaska State Legislature, introduced
HB 157, as the prime sponsor, and provided a personal story of
visiting a traditional Native school that operated on a non-
conforming schedule, as a charter school. In its second year,
the Effie Kokrine Charter School's population fell below 150
students. The result was that the school was subjected to the
large school funding formula and developed an $800,000 deficit.
Representative Ramras opined that the school has the potential
to serve a unique and special group of students. His experience
caused him to consider allowing more flexibility in the funding
process for these schools. Two solutions that were suggested
were to reduce the minimum number of students to 100, or to
establish an incubation period of three enrollment periods in
order to reach minimum enrollment. Representative Ramras
expressed his hope that the committee will support HB 157 and
provide small school funding support for charter schools through
their first two years, plus the third enrollment period.
3:13:56 PM
REPRESENTATIVE NEUMAN asked whether Representative Ramras would
accept an amendment that would strike the average daily
membership (ADM) of 100 students.
3:14:04 PM
REPRESENTATIVE RAMRAS agreed, and he quoted Representative Kevin
Meyer, Finance Committee Co-Chair, who said, "The 150 student
level is there for a reason, for efficiency purposes..."
3:14:45 PM
REPRESENTATIVE NEUMAN remarked:
... the question that I struggle with is there has to
be a way to try and find a mix in between those two
numbers, where we're not funding these schools at the
rate that the largest school in the district is
getting funded. Where if you have 500 kids in that
school, obviously, the cost per student is much less
....
3:16:16 PM
REPRESENTATIVE RAMRAS observed that the issue impacts small
schools such those in Wrangell and Petersburg, and said that the
enrollment discussion will be for another time.
3:16:27 PM
REPRESENTATIVE ROSES asked whether charter schools charge fees
to any of the students.
3:16:43 PM
REPRESENTATIVE RAMRAS noted that there are 23 charter schools,
approved by the local school districts, across the state. He
deferred the question to his aide.
3:17:07 PM
EMILY STANCLIFF, Staff to Representative Jay Ramras, Alaska
State Legislature, responded that it is unknown to her whether
charter schools are allowed to charge additional fees and she
deferred to Eddy Jeans.
3:17:36 PM
EDDY JEANS, Director, School Finance & Facilities Section,
Department of Education and Early Development (EED), informed
the committee that EED will support HB 157, with the change
raising the minimum average daily membership to 150 students.
He referred to information in the packet that listed the ADM of
each charter school for FY07 and FY08. In FY08 there are no
schools with enrollments falling between 100 and 150; therefore,
a change in the class of any school is not anticipated. Mr.
Jeans questioned the effective date on the bill, and pointed out
that the two new charter schools in Anchorage will exceed the
ADM minimum of 150 and, thereby, will not be affected by this
legislation.
3:20:05 PM
CHAIR WILSON asked whether charter schools can charge students
additional fees.
MR. JEANS answered that charter schools are public schools, and
they can only charge for special fees, such as lab or athletic
fees.
3:20:34 PM
CHAIR WILSON commented that, under normal circumstances,
children attending a charter school would have been attending a
larger school and would have been pulled out to attend a charter
school. She pointed out that this has an impact on enrollment
and funding at the non-charter schools.
3:21:30 PM
REPRESENTATIVE GARDNER referred to the list of forecasted
charter school ADMs for FY08. She noted that enrollment at two
schools indicates a large increase from the previous year.
MR. JEANS replied that those schools were approved under the
premise that they would have 150 students, but then did not meet
their enrollment projections in FY07.
REPRESENTATIVE GARDNER pointed out that the Effie Kokrine school
expects to double their enrollment.
3:23:07 PM
MS. STANCLIFF asked the committee to refer to the charter school
ADM list dated 3/27/07.
3:23:31 PM
REPRESENTATIVE NEUMAN asked whether a charter school that does
not have 150 children in the first two years is protected from
closure by HB 157.
MR. JEANS answered that the legislature has made a policy
decision that, for efficiency purposes, charter schools must
meet attendance minimums. In most areas, such as Anchorage, the
district school board will not approve a charter school that
does not project 150 students, due to the increased cost to the
school district. The current legislation allows for 60 charter
schools in the state to operate. He opined that allowing the
threshold to fall below 150 ADM will increase the cost of
education statewide.
3:25:48 PM
REPRESENTATIVE NEUMAN pointed out that, if 150 children are
taken from a neighborhood school, that school could be
dramatically impacted in a negative way.
3:26:30 PM
MR. JEANS said that charter schools usually draw from the
community at large, not from one school. He noted that the EED
does not study those statistics.
3:27:34 PM
CHAIR WILSON opined that the local school boards study the
issues before approving a new charter school.
3:27:57 PM
SAMUEL SHIELDS, Co-Chair Ayaprun Elitnaurvk Yup'ik Immersion
Charter School, stated his support for the provision in HB 157
that will lower the required ADM to 100 students. He informed
the committee that this is the first time in eight years that
the charter school enrollment has dropped, partially due to
parents failing in their contracts with the school to support
their student. He explained that when a parent violates his/her
contract, the child must be dropped from enrollment. The impact
that this charter school has had on preserving the Yup'ik
language is undeniable and Mr. Shields repeated his support for
HB 157, as originally drafted.
3:31:16 PM
AGATHA JOHN SHIELDS, Principal, Ayaprun Elitnaurvk Yup'ik
Immersion Charter School, stated her support for HB 157, and
said that this is the first year that the enrollment at her
school has declined. She cited additional factors for the
school's loss of students such as, the National Guard deployment
and residents moving to cities and villages due to the increased
cost of living in Bethel. In addition, to be enrolled, students
must be literate in Yup'ik after the completion of first grade.
Ms. Shields stressed the importance of the charter schools to
her community.
REPRESENTATIVE ROSES asked how many students have been dropped
from the school due to a breach of the parental contract.
MS. SHIELDS estimated that five students have been dropped. She
added that the parents would not help with the homework or speak
Yup'ik at home, and all efforts made to involve these parents
were to no avail. Ms. Shields pointed out that the school has
attained its No Child Left Behind goal.
3:34:50 PM
ELEANOR LAUGHLIN, Principal, Effie Kokrine Charter School,
stated her support for the original HB 157 with a minimum ADM of
100 students. She opined that it is important for a charter
school to be able to have only 100 children and to have
sufficient time to establish its reputation. Ms. Laughlin
described the accomplishments of the Kokrine School such as,
Native focus, high academic standards, and dual high school and
college courses. Her school is an Early College high school and
emphasizes future education and careers for "middle of the road"
students. Ms. Laughlin encouraged the committee to adopt the
bill without any changes to the ADM minimum level.
3:37:08 PM
CHAIR WILSON asked whether the school was aware, at its
inception, of the requirement of maintaining an enrollment of
150.
MS. LAUGHLIN said yes.
CHAIR WILSON further asked about the school's high school
students who do not maintain the required 80 percent grade
average.
MS. LAUGHLIN responded that tutoring, counseling, and individual
attention contribute to the success of most students.
3:38:41 PM
ELYSE GUTTENBERG, Administrator, Fairbanks Native Association
(FNA), informed the committee that FNA provided the financial
backing for the Effie Kokrine Charter School. She stated her
opposition to the change in HB 157 that requires a charter
school to maintain 150, not 100 students. Ms. Guttenberg opined
that two years is not enough time for a charter school to
establish a consistent population. She said that the Kokrine
School has obtained a Bill and Melinda Gates Foundation award to
establish early college courses at the high school level.
REPRESENTATIVE ROSES asked for details about the relationship
between the Fairbanks Native Association and the Effie Kokrine
Charter School.
MS. GUTTENBERG explained the FNA is the 50l c(3) financial agent
that is responsible for the school, as the school has not
established its non profit status.
REPRESENTATIVE ROSES further asked whether FNA provides
additional funds to the school.
MS. GUTTENBERG said no. The school is no different than any
other public charter school in the state.
3:43:11 PM
REPRESENTATIVE NEUMAN requested further information regarding
the effect on other public schools when charter school
enrollments fall below 150 students.
3:44:18 PM
CATIE BURSCH, speaking as an individual, and as a parent of
children who attended a charter school, expressed her support of
HB 157. She urged the committee to consider the high level of
education when discussing the numbers and efficiency. Charter
schools fill a niche with creative means to meet student's and
parent's needs. Ms. Bursch concluded by telling the committee
that supporting charter schools will benefit the students of
Alaska.
3:46:30 PM
JANET BOWEN, Administrative Specialist and Outreach Coordinator,
Fireweed Academy Charter School, speaking as an individual,
stated her support for HB 157. She informed the committee that
the Fireweed School has 65 students, but its enrollment is
limited by space availability. Small charter schools are public
schools; however, they do not receive the equivalent funding of
neighborhood schools. This bill has opened up an important area
of discussion, especially in the light of the change regarding
the ADM. Ms. Bowen pointed out that charter schools follow the
same standards of education and testing requirements of any
public school.
3:48:46 PM
CHAIR WILSON asked about the enrollment history of the Fireweed
School.
MS. BOWEN responded that the school has never been above 65
students; however, the goal is to attain 150 students for
funding purposes.
CHAIR WILSON asked whether successful charter school programs
have been introduced into non-charter public schools.
MS. BOWEN said that she was unable to respond. However, she
offered that there is a measure of cooperation and interaction
with the local school. She expressed her belief that there will
always be some parents who will want a charter school and some
who will prefer the neighborhood school.
3:50:57 PM
CHAIR WILSON opined that if all of the effort that is put into a
charter school was put into the neighborhood school, more
children would benefit.
MS. BOWEN supported that possibility.
3:51:44 PM
BRENDA TAYLOR informed the committee she is the parent of two
children at the Juneau Community Charter School. These schools
provide models for other schools and serve a particular
population that may not otherwise be served. She clarified that
small charter schools are funded at the same rate as the largest
public school in their district. She explained this formula, as
she understands it, which provides the charter school a .84 per
student funding rate. Every small charter school in the state
is getting less than other small neighborhood schools. She
opined that small charter schools desire a funding rate
comparable to that of small neighborhood schools.
3:55:05 PM
REPRESENTATIVE ROSES asked whether small charter schools are
responsible for paying for all of the school's expenses and
salaries.
MS. TAYLOR said yes. She added that choices are made to cut
costs; parents provide janitorial services in addition to lunch
and recess supervision. Ms. Taylor opined that larger schools
may not be able to have parents support the school in the same
way. When parents have experience working in a school they
become more supportive of their children as they continue their
education.
REPRESENTATIVE ROSES affirmed that the Juneau Community Charter
School is under the direction of the Juneau School District
(JSD) and the teachers are under the JSD contract.
MS. TAYLOR said yes.
3:58:05 PM
REPRESENTATIVE FAIRCLOUGH asked whether the children at the
charter school participate in activities at other schools.
MS. TAYLOR responded that the school is located downtown to be
able to access community resources.
REPRESENTATIVE FAIRCLOUGH further asked whether the school
shares gym space, or other school resources, with other district
schools.
MS. TAYLOR confirmed that the Harborview Elementary School
library and nurse are used to support the charter school.
REPRESENTATIVE FAIRCLOUGH observed that the charter school's
funding multiplier may be lower due to the fact that it accesses
other school's resources.
REPRESENTATIVE NEUMAN remarked:
... we'd all love to have smaller schools ... I am a
huge supporter of charter schools ... but, I think ...
that the efficiencies that you gain are borne by other
schools. ... Do you feel that, maybe if we hear from
the [EED], ... because you have a smaller class size
that that burden is passed along to another school.
Would you support that?...
MS. TAYLOR restated that the school is small but the class size
is comparable to other schools in the Juneau School District.
REPRESENTATIVE NEUMAN further asked whether Ms. Taylor would
support lowering the ADM to 100, if doing so places a financial
burden on other school districts.
4:02:41 PM
MS. TAYLOR responded that some charter schools are limited to a
lower enrollment by the space available.
4:03:22 PM
MARY HAKALA informed the committee that she was one of the
founders of the Juneau Community Charter School, and stated her
recognition of the importance of mainstream public schools. She
explained that the charter schools fill a different and unique
niche with strengths and challenges. Ms. Hakala stressed that a
small school is programmatically the best choice for some
situations and communities. It is important not to break up a
large school into many small schools; however, funding a small
school at the same rate as a school of 1,500 is unreasonable.
The small charter schools are asking for a balanced level of
funding through the revision of the funding formula.
4:07:02 PM
BARBARA THURSTON stated that she was a parent of a child
attending the Juneau Community Charter School and of a child in
a neighborhood school. She told the committee that there is
nothing magic about the enrollment limit of 150; in fact, the
initial charter school authorization may have been for schools
of 200. However, current legislation dictates that when a
charter school's enrollment drops from 150 to 149, it receives a
40 percent funding drop and cannot keep its doors open. Ms.
Thurston pointed out that if the charter school was closed it
would cost the district additional money to house the students
in other schools at a higher rate per student. Additionally,
every child should be funded at an equal level, regardless of
which school they attend. Ms. Thurston said that the funding
level for the Juneau Community Charter School is at the .84
level, but not because the school receives services from the
district. The charter school pays a set amount and is provided
with legal services and payroll. She opined that other district
resources are not used on this school. Ms. Thurston closed by
saying that small charter schools deserve comparable funding.
4:10:41 PM
REPRESENTATIVE GARDNER commented that charter school students
enjoy involved and motivated parents.
CHAIR WILSON acknowledged the emotional charge behind this
issue, based on the parent's involvement.
4:11:27 PM
REPRESENTATIVE NEUMAN asked Eddy Jeans for an explanation of the
basis of the 150 student ADM minimum.
MR. JEANS explained that the minimum was not a recommendation by
EED. SB 36 set the minimum at 200 for alternative and charter
schools. He said that the policy, set by the legislature, was
amended in 2000 to reduce the minimum for charter schools to
150.
4:12:50 PM
REPRESENTATIVE NEUMAN further asked whether EED would support a
reduction in the ADM.
MR. JEANS answered that it would not take money from one school
to another to fund a change in the ADM, but it would require
more state support to fund the resulting larger entitlement.
4:13:42 PM
REPRESENTATIVE NEUMAN remarked:
But, again, Eddy, you said if the state puts more
money in a pot, that if there's an amount that's
given, for schools, you know, there is only one pot
and if you take and lower it the money has to come
from somewhere else.
MR. JEANS said:
... I've been administering the foundation program
since 1986, there's only been one time that the
funding formula was underfunded intentionally by the
legislature. And actually it wasn't even by the
legislature, it was by executive order under Governor
Sheffield. The legislature has always fully funded
the entitlements based on the statutory calculation
for the foundation program. So, if you amend this,
down to 100, I would anticipate that when we come back
and do our budget request next year, that the
legislature would fully fund that request...
REPRESENTATIVE NEUMAN said:
Earlier you said that you would support this at the
150 level, ... but you didn't think you would support
it at the 100. ... Is that correct?
MR. JEANS answered:
That is correct. ... We believe that the 150 student
threshold is a good policy decision to make. Most
elementary schools in the state have over 250 students
in them. And so, you have already set a lower
benchmark for the charter schools. ... We're very
supportive of charter schools, but the state also
needs to look at the efficiencies of those operations
and how that plays out with other schools in the
communities.
4:16:03 PM
HARIETTE MILKS informed the committee that she is a parent at
the Juneau Community Charter School. She stressed that school
enrollment is unpredictable, and a drop in enrollment and in the
corresponding funding can be devastating to a school. Ms. Milks
said that the Juneau Community Charter School is small because
it cannot secure a lease for a larger space due to the
unpredictability of funding. Additionally, there are many
interactions between the charter school and the community
schools. She concluded by saying that the charter school
teachers attend the in-services and professional development
training programs required of all public school teachers.
4:18:46 PM
REPRESENTATIVE NEUMAN asked for the grade level of the students
at the Juneau Community Charter School.
MS. MILKS replied that the school population is kindergarten
through sixth grade and there are three teachers. She described
the classes.
4:19:35 PM
CHAIR WILSON closed public testimony.
4:19:50 PM
REPRESENTATIVE NEUMAN stated that the parents make a good case
for small schools. However, with strict budget constraints,
increasing funding is difficult.
REPRESENTATIVE NEUMAN, at the request of the sponsor, offered a
conceptual amendment to change HB 157, as follows
Page 1, lines 5 and 8;
Delete "100"
Insert "150"
4:20:42 PM
CHAIR WILSON announced that, hearing no objection, the
conceptual amendment was adopted.
4:20:52 PM
REPRESENTATIVE FAIRCLOUGH asked whether charter schools pay an
administrative fee to the umbrella school district.
MR. JEANS said yes. He added that there is a statutory limit
that the school district can not charge more than the indirect
rate for federal programs. Through the charter school process,
unique contracts are established with each school district.
However, the statute states that a charter school gets the state
funding that it generates, less the indirect rate. Mr. Jeans
noted that school districts and charter schools can negotiate
special education and special needs allotments.
REPRESENTATIVE FAIRCLOUGH then asked what charter schools have
access to, within the other community schools.
MR. JEANS explained that other categories, besides teacher in-
service and training, would include normal administrative
services such as, budgeting, payroll and computer services.
REPRESENTATIVE FAIRCLOUGH further asked whether there is another
reason, besides the administrative services, for the multiplier
to be different for charter schools.
MR. JEANS explained that the multiplier was established by
policy decision under SB 36. Funding the charter school the
same as the high school is not necessarily correct, but it is
the policy today. Mr. Jeans suggested a policy change for
schools with an ADM of 75 to 150 students, that would affect
four charter schools in the state. However, he stressed that
the legislature must make any changes to policy.
4:25:07 PM
REPRESENTATIVE NEUMAN asked for clarification on the funding of
charter schools.
MR. JEANS explained that the funding is the same for charter
schools and neighborhood schools with enrollments of over 150
students. However, smaller charter schools are funded at the
level of the largest school in its district. This is a policy
decision by the legislature that prevents a proliferation of
charter schools, with enrollments of 45 students, that would be
too costly to fund.
4:26:49 PM
REPRESENTATIVE SEATON observed that the Homer charter school
exists within the community school building. He then said:
The additional services that are provided to the
charter school you know, whether it's nurses ... all
those other things, are you saying that those other
services above the indirect cost could be charged to
the charter school budget or is the amount that goes
to the charter school strictly a pass through and you
can only take out ... three and one-half percent
indirect cost.
MR. JEANS said:
The statute says that the district shall allocate the
amount of money generated by that charter school less
the indirect, or those indirect services, which
typically are your personnel, payroll, budgeting,
computing, those types of services that you would do
on a district wide basis. But the statute also allows
through the contract process, negotiations for other
services. ... Over the years we've had a lot of
problems with the indirect rate. What's included in
that. ... Some years, when districts are feeling they
have the resources to support the charter school, they
provide all kinds of services ... When money gets
tight, they start backing off on those services. ...
So, what I encourage charter schools and districts to
do is be very specific, [about] what services you are
providing for that indirect cost.
4:29:05 PM
REPRESENTATIVE NEUMAN moved to report HB 157, 25-LS0556\C, as
amended, out of committee with individual recommendations and
the accompanying fiscal notes.
REPRESENTATIVE GARDNER objected, and then removed her objection.
4:29:46 PM
REPRESENTATIVE ROSES commented that charter schools are begun
for various reasons; by parents, by teachers, for philosophical
reasons, for language immersion purposes, or for scheduling
convenience. He then said:
So, we need to be very clear that not all of them were
started with the intent of having great academics, or
academics greater that where they were, but there were
other ulterior motives. ... That doesn't necessarily
mean that the kids weren't being served well ...
4:31:19 PM
REPRESENTATIVE FAIRCLOUGH stated her support for the bill;
however, the state of Alaska is facing challenges with oil
revenues on the decline. She then remarked:
... speaking for myself, there are very real issues
out there in looking at how we are going to fund many
of the programs that are out there, as well as
ensuring a quality education, which I believe is our
constitutional responsibility as the state of Alaska,
and so, just for the record, we have not received
revenue projections that show that we have any kind of
new dollars. We do know that we have a one-time
revenue stream that's coming in excess, and that there
is conversation about savings. ... I certainly don't
disregard any of the testimony that we've heard today,
from smaller charter schools. ... I'm very supportive
of looking at charter schools and what they do, but I
also have to balance what's going forward in the
budget as a whole and I believe Representative Ramras
pointed out that when we have two co-chairs of our
finance committee saying that they're supporting [the
ADM of] 150 because that's the policy decision that
has economies, I listen to that.
4:34:05 PM
REPRESENTATIVE GARDNER removed her objection.
4:34:14 PM
CHAIR WILSON announced that, there being no further objection,
CSHB 157(HES) was reported out of House Health, Education and
Social Services Standing Committee with individual
recommendations and the accompanying fiscal notes.
^CONFIRMATION HEARING(S):
^Board of Education and Early Development
4:35:35 PM
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Patrick Shier to the
Board of Education and Early Development.
PATRICK SHIER informed the committee that he is humbled and
honored to be appointed to the Board of Education and Early
Development. He noted that the governor has asked him to bring
to the board his expertise in vocational education and
educational alternatives.
4:36:07 PM
REPRESENTATIVE GARDNER asked for an explanation of "change
agent."
4:36:32 PM
MR. SHIER explained that he is often the source of new and
different ideas about shrinking budgets and other issues.
4:36:41 PM
REPRESENTATIVE ROSES noted the amount of work involved in this
appointment.
4:37:07 PM
REPRESENTATIVE FAIRCLOUGH asked about the various communities in
which Mr. Shier has lived.
4:37:21 PM
MR. SHIER answered that he has lived principally in Fairbanks
and Juneau from territorial time, and has traveled extensively
to various bush communities. In his capacity with the
Department of Labor & Workforce Development (DLWD) he has been
involved with distance education to rural students.
4:37:56 PM
REPRESENTATIVE FAIRCLOUGH asked him to comment on his union and
non-union experience, and work force development.
4:38:34 PM
MR. SHIER responded that his experience began with his family's
business and heavy-equipment operation. He said that he was
self-employed while attending the University of Alaska,
Fairbanks, where he pursued an accounting degree.
4:39:17 PM
REPRESENTATIVE GARDNER asked for Mr. Shier's opinion on being a
home educator, and on the current push for state supported pre-
kindergarten programs.
MR. SHIER stated that his children have been partially home
schooled, but home schooling is not for everyone. He cited
successes in all of the educational options in the state. He
opined that pre-kindergarten is effective for some groups;
however, it is not necessary for every child.
4:41:31 PM
CHAIR WILSON asked whether there were any objections to the
advancement of the confirmation. There being none, the
confirmation of Patrick Shier to the Board of Education and
Early Development was advanced from the House Health, Education
and Social Services Standing Committee.
4:41:44 PM
^Professional Teaching Practices Commission
4:41:56 PM
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Braxton "Eddy" Jeans to
the Professional Teaching Practices Commission.
BRAXTON "EDDY" JEANS, informed the committee that he was
nominated by the Department of Education and Early Development
(EED) with the support of the governor.
4:42:51 PM
REPRESENTATIVE GARDNER asked whether the nomination was thrust
upon the appointee.
MR. JEANS said that he did not seek this nomination, but was
requested to represent EED by the commissioner.
4:43:54 PM
REPRESENTATIVE ROSES expressed his confidence in Mr. Jeans'
ability to serve on this professional board.
4:45:00 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Braxton "Eddy" Jeans to the Professional Teaching Practices
Commission was advanced from the House Health, Education and
Social Services Standing Committee.
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Michael D. Husa to the
Professional Teaching Practices Commission.
4:45:41 PM
MICHAEL HUSA informed the committee that he was honored to be
nominated to the commission and was looking forward to the
challenge of serving, if confirmed.
4:46:15 PM
REPRESENTATIVE ROSES provided words of confidence in this
appointment.
4:46:42 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Michael Husa to the Professional Teaching Practices
Commission was advanced from the House Health, Education and
Social Services Standing Committee.
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Cindy Lou Aillaud to the
Professional Teaching Practices Commission.
4:46:55 PM
CINDY LOU AILLAUD informed the committee that it was an honor to
be appointed to the commission and expressed her desire to
serve.
4:48:11 PM
REPRESENTATIVE ROSES observed that he has worked with Cindy and
stated his support for her confirmation.
4:48:30 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Cindy Lou Aillaud to the Professional Teaching Practices
Commission was advanced from the House Health, Education and
Social Services Standing Committee.
4:48:52 PM
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Jeffrey Hebard to the
Professional Teaching Practices Commission.
REPRESENTATIVE FAIRCLOUGH offered a positive opinion based on
her review of his resume.
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Jeffrey Hebard to the Professional Teaching Practices
Commission was advanced from the House Health, Education and
Social Services Standing Committee.
^State Medical Board
4:50:12 PM
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Jean Tsigonis M. D., to
the State Medical Board.
4:50:36 PM
JEAN TSIGONIS, M.D., informed the committee that she was asked
to serve and accepted the nomination. Her understanding of the
work is to oversee the level of medical care in the state and to
support practicing physicians.
REPRESENTATIVE FAIRCLOUGH asked about the frequency of board
meetings.
DR. TSIGONIS replied that the board meets at least four times
per year for two-day sessions.
REPRESENTATIVE FAIRCLOUGH asked whether Dr. Tsigonis has the
time to participate.
DR. TSIGONIS stated that she has blocked out time for the
meetings, although the time away from her patients is a
sacrifice.
4:52:46 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Jean M. W. Tsigonis M. D., to the State Medical Board was
advanced from the House Health, Education and Social Services
Standing Committee.
^University of Alaska Board of Regents
4:52:52 PM
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Tim Brady to the
University of Alaska Board of Regents.
TIM BRADY informed the committee that he was appointed, in 2005,
to fill a vacated position. He stated that he is committed to
the mission statement of the university, to the further
development of the campuses, and to the educational
opportunities of youth.
4:53:54 PM
REPRESENTATIVE NEUMAN asked whether the current level of funding
for the university is adequate.
MR. BRADY said no. He added that the legislature should
consider the university to be an investment, not an expenditure.
The budget for this year was $70 million; however, $37 million
was dedicated to the Public Employees' and Teachers' Retirement
System (PERS/TRS), approximately $17 million was dedicated to
fixed costs, and $15 million was available for program
enhancement and growth. Mr. Brady opined that securing the
funds necessary to maintain a high level of educational
opportunities is a battle.
REPRESENTATIVE NEUMAN questioned how the state will continue to
fund the university, considering the looming budget deficit.
MR. BRADY observed that the university is doing its part by
raising tuition and holding fundraising events. He suggested
funding education on a two-year basis in order to save time and
energy.
4:57:36 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Tim Brady to the University of Alaska Board of Regents was
advanced from the House Health, Education and Social Services
Standing Committee.
4:57:52 PM
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Fuller Cowell II to the
University of Alaska Board of Regents.
FULLER COWELL II stated that the University of Alaska is one of
the state's most important assets. He said that he has
personally benefited from the university system and he is
honored to be considered for the board of regents.
4:58:39 PM
REPRESENTATIVE GARDNER commented on Mr. Cowell's history of
public service.
4:59:02 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Fuller Cowell II to the University of Alaska Board of Regents
was advanced from the House Health, Education and Social
Services Standing Committee.
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Patricia A. Jacobson to
the University of Alaska Board of Regents.
4:59:27 PM
PATRICIA JACOBSON informed the committee that she attained her
master's degree from the University of Alaska and has maintained
a relationship with the university for 37 years. She said that
the university is a worthwhile and critical institution, and
that her appointment is a honor.
5:00:37 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Patricia A. Jacobson to the University of Alaska Board of
Regents was advanced from the House Health, Education and Social
Services Standing Committee.
CHAIR WILSON announced that the next order of business would be
the consideration of the appointment of Kirk Wickersham to the
University of Alaska Board of Regents.
5:01:06 PM
KIRK WICKERSHAM stated that he is a graduate of the University
of Alaska, Fairbanks, and he praised the education he received
there. Mr. Wickersham said that he looks forward to supporting
the mission of the university, and it is a privilege to serve
the state.
5:01:58 PM
REPRESENTATIVE ROSES asked whether Mr. Wickersham believes there
is an inequitable share of funding going to the Fairbanks campus
versus the Anchorage campus.
MR. WICKERSHAM replied that there are many funding sources for
the university such as, federal, private, and business research
grants. He opined that many of these grants are garnered by the
Fairbanks campus. Mr. Wickersham expressed his intention to
study the budget during his term on the board.
REPRESENTATIVE ROSES suggested that the board discuss this
perception of inequity.
5:04:49 PM
REPRESENTATIVE SEATON asked whether members of the board have
discussed the senate bill that will separate the funding of
regional colleges and the university. The intent of the bill is
to maintain an "equal cost for credit" between schools.
MR. WICKERSHAM asked for clarification of the question.
REPRESENTATIVE SEATON explained that the tuition charges are the
same per credit for the community colleges and the university.
MR. WICKERSHAM replied that this is an issue that could be
addressed. He is not familiar with the senate bill, but
expressed his hope that the unified body of the university would
remain unified, no matter how diversified the courses and
degrees offered. As far as the charges, accessibility, and
affordability, Mr. Wickersham opined that these are issues that
the board should address.
5:08:05 PM
REPRESENTATIVE NEUMAN recalled that the sale of some of the
agricultural land at the University of Alaska, Fairbanks,
experimental farm is being considered. He expressed his concern
about the possibility.
MR. WICKERSHAM answered that, among other things, the farm
fields are some of the most beautiful lands in the state, and he
is not aware of a move to sell the experimental farms on the
Anchorage or Fairbanks campuses.
5:09:38 PM
CHAIR WILSON asked whether there were any objections to
advancing this confirmation. There being none, the confirmation
of Kirk Wickersham to the University of Alaska Board of Regents
was advanced from the House Health, Education and Social
Services Standing Committee.
5:10:21 PM
HB 181-TRAFFIC OFFENSES: FINES/SCHOOL ZONES
5:10:37 PM
CHAIR WILSON announced that the final order of business would be
HOUSE BILL NO. 181, "An Act relating to traffic offenses and
traffic offenses committed in a school zone; and providing for
an effective date."
5:10:52 PM
ROBERT MYERS JR., Intern to Representative Peggy Wilson, Alaska
State Legislature, provided the sectional analysis for HB 181.
He told the committee that, when speaking of car versus
pedestrian, slower is better. Section 1 of HB 181 provides for
double traffic fines for an infraction in a school zone.
Section 2 doubles the demerit points for multiple moving
violations in school zones. Section 3 raises the maximum fines
to $1,000. Section 4 defines "school zone". Section 5 annuls
13 AAC 02.325(d) and 13 AAC 03.325(d). Section 6 sets the
effective date for the act, if passed. Mr. Robert Myers Jr.
explained that the committee substitute (CS) adds a new section
to Section 2 that limits the multiple violations to within 24
months. In addition, the CS will change the effective date to
provide the Division of Motor Vehicles (DMV), Department of
Administration (DOA) time to update its computer systems. An
effective date of 2012, will allow for the programming time
needed and will potentially eliminate the fiscal note. Prior to
the effective date, data on moving violations in school zones
will be analyzed for effectiveness.
5:16:39 PM
REPRESENTATIVE GARDNER asked whether the double points would
mean that a person could get two moving violations in a school
zone, within 24 months, and lose driving privileges.
MR. ROBERT MYERS JR. affirmed that possibility.
REPRESENTATIVE GARDNER remarked, "That seems a little Draconian
to me if both of those offenses were when children aren't
present."
MR. ROBERT MYERS JR. explained that the definition in Section 4
specifies that the higher fines are in effect when the signs are
operational.
5:18:23 PM
REPRESENTATIVE NEUMAN asked whether the school zones signs
indicate times.
MR. ROBERT MYERS JR. responded that the Department of
Transportation & Public Facilities (DOT&PF) has three school
zone signs that define times: red lights flashing; 7a.m.-5p.m.
School Days; and When Children Present.
REPRESENTATIVE NEUMAN noted that marked crosswalks are sometimes
obscured by heavy snow.
MR. ROBERT MYERS JR. answered that HB 181 replaces the marked
crosswalk definition with speed zone signs.
REPRESENTATIVE NEUMAN referred to the $1,000 fine, and asked
whether that amount is typical for a traffic violation.
MR. ROBERT MYERS JR. informed the committee that the $1,000 fine
is a high level for a traffic fine; however, some states
require jail time for speeding when not in a school zone. This
amount is on equal footing with reckless driving. It is
conceivable that, even with current fines, if you are traveling
over 20 miles per hour in a school zone, you would be fined over
$300.
5:23:38 PM
BOB MYERS, Custodian, Fairbanks Public Schools, speaking as an
individual, stated his support for HB 181. As a part-time
crossing guard, he reported on the many dangerous driving
situations he has observed. Distracted drivers are a common
sight, and the crosswalk is not monitored in the afternoon, due
to funding constraints. Mr. Bob Myers pointed out that federal
mandates are provided for educating our children, but not for
protecting them while getting to and from school. He offered
traffic injury figures from a survey from across the nation,
with specific statistics from Yakima, Washington.
REPRESENTATIVE GARDNER observed that some of the alarming
descriptions of poor driving are already traffic infractions.
She suggested that enforcing existing laws may solve the
problem.
MR. BOB MYERS expressed his belief that incentives to increase
compliance are necessary.
[HB 181 was held over with public testimony open.]
5:30:18 PM
ADJOURNMENT
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 5:30 p.m.
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