04/14/2022 08:00 AM House TRIBAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Presentation: Tribal Compacting | |
| SB34 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 34 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
April 14, 2022
8:36 a.m.
MEMBERS PRESENT
Representative Tiffany Zulkosky, Chair
Representative Dan Ortiz
Representative Zack Fields
Representative Geran Tarr
MEMBERS ABSENT
Representative Mike Cronk
COMMITTEE CALENDAR
PRESENTATION: TRIBAL COMPACTING
- HEARD
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
01/25/21 (S) PREFILE RELEASED 1/8/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) EDC, JUD
04/21/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/21/21 (S) Heard & Held
04/21/21 (S) MINUTE(EDC)
04/23/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/23/21 (S) <Bill Hearing Canceled>
04/28/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/28/21 (S) Heard & Held
04/28/21 (S) MINUTE(EDC)
02/11/22 (S) EDC AT 9:00 AM BUTROVICH 205
02/11/22 (S) Heard & Held
02/11/22 (S) MINUTE(EDC)
02/16/22 (S) EDC AT 9:00 AM BUTROVICH 205
02/16/22 (S) Heard & Held
02/16/22 (S) MINUTE(EDC)
02/23/22 (S) EDC AT 9:00 AM BUTROVICH 205
02/23/22 (S) Heard & Held
02/23/22 (S) MINUTE(EDC)
03/03/22 (S) EDC AT 10:00 AM BUTROVICH 205
03/03/22 (S) Heard & Held
03/03/22 (S) MINUTE(EDC)
03/11/22 (S) EDC AT 9:00 AM BUTROVICH 205
03/11/22 (S) <Above Item Removed from Agenda>
03/11/22 (S) MINUTE(EDC)
03/17/22 (S) EDC AT 10:00 AM BUTROVICH 205
03/17/22 (S) Moved CSSB 34(EDC) Out of Committee
03/17/22 (S) MINUTE(EDC)
03/18/22 (S) EDC RPT CS 4DP NEW TITLE
03/18/22 (S) DP: HOLLAND, MICCICHE, STEVENS, BEGICH
03/23/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/23/22 (S) Heard & Held
03/23/22 (S) MINUTE(JUD)
03/28/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/28/22 (S) Moved CSSB 34(JUD) Out of Committee
03/28/22 (S) MINUTE(JUD)
03/30/22 (S) JUD RPT CS 3DP 1NR NEW TITLE
03/30/22 (S) DP: HOLLAND, MYERS, KIEHL
03/30/22 (S) NR: HUGHES
04/04/22 (S) TRANSMITTED TO (H)
04/04/22 (S) VERSION: CSSB 34(JUD)
04/05/22 (H) READ THE FIRST TIME - REFERRALS
04/05/22 (H) TRB, EDC
04/14/22 (H) TRB AT 8:00 AM DAVIS 106
WITNESS REGISTER
NATASHA SINGH, Vice President
Legal Affairs
Alaska Native Tribal Health Consortium
Anchorage, Alaska
POSITION STATEMENT: Gave a PowerPoint presentation on Tribal
Compacting.
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented CSSB 34(JUD).
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information during the hearing on
CSSB 34(JUD) on behalf of Senator Stevens, prime sponsor.
JOEL ISAAK, Project Coordinator/Tribal Liaison
Department of Education and Early Development
Anchorage, Alaska
POSITION STATEMENT: Gave a presentation, titled "State Tribal
Education Compacting Overview," during the hearing on CSSB
34(JUD).
ACTION NARRATIVE
8:36:51 AM
CHAIR TIFFANY ZULKOSKY called the House Special Committee on
Tribal Affairs meeting to order at 8:36 a.m. Representatives
Tarr, Zulkosky, Fields, and Ortiz were present at the call to
order.
^PRESENTATION: Tribal Compacting
PRESENTATION: Tribal Compacting
8:37:29 AM
CHAIR ZULKOSKY announced that the first order of business would
be the Presentation on Tribal Compacting.
8:39:35 AM
NATASHA SINGH, Vice President, Legal Affairs, Alaska Native
Tribal Health Consortium (ANTHC), gave a PowerPoint presentation
on Tribal compacting [hard copy included in the committee
packet]. She summarized the historical relationship between the
U.S. government and Tribes and how that relationship evolved
over the eras. President Nixon championed the self-
determination era, the only successful Indian policy in the
country's history. Best outcomes for Tribal self-determination
are achieved when Tribal citizens decide and implement programs
and services for themselves. Federal law authorizes Tribes and
Tribal organizations to contract with the federal government to
provide programs and services, otherwise known as Tribal
compacting. Contracting is the first step in compacting with
less discretion to reprogram and more oversight. The Alaska
Tribal Health Compact was a legal agreement between Alaska
Tribes, Indian Health Service (IHS), and the U.S. Department of
Health and Human Services (USDHHS). The Alaska Compact was the
first multi-party IHS compact in the nation with 25 separate co-
signer funding agreements and 221 Alaska Tribal authorizations.
This compact makes up 40 percent of the nationwide funding. The
Tirbal Child Welfare Compact was an intergovernmental agreement
between the State of Alaska and 18 federally recognized Alaska
Native Tribes and Tribal organizations to improve the life
outcomes of Alaska's children and families by transferring
negotiated child welfare services and supports along with
their respective revenue streams from the Office of Childrens
Services (OCS) to the Tribal co-signers. In response to
committee questions, she said it was possible to preserve
collective bargaining rights within the foundation of
compacting. The bulk of the federal behavioral health funding
was received through grants, not compacts, which was problematic
and lead to a lack of reprogrammed services on the ground. In
contrast, the implementation of dental health was an example of
a compact-administered program that worked.
SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
9:06:25 AM
CHAIR ZULKOSKY announced that the final 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."
9:06:47 AM
SENATOR GARY STEVENS, Alaska State Legislature, Juneau, Alaska,
as prime sponsor, presented CSSB 34(JUD). He first clarified
that the discussion relates to a state/tribal, not
federal/tribal relationship. He indicated this topic had been
brought up several years ago, with the last focus being on how
to make tribal education work in Alaska. The proposed
legislation would begin this process. He encouraged looking at
this as a stepping stone to negotiations between the State of
Alaska, the Department of Education (DEED), school boards, and
tribal entities. He acknowledged that originally, "we bit off
more than we could chew," so the version of the bill before the
committee has been reduced considerably to focus on
negotiations. He said CSSB 34(JUD) proposes that negotiations
begin immediately. He said compacting is an opportunity to
include Alaska Native culture, history, and languages "into a
process that really works." It would involve all students. He
distinguished the difference between teaching culture and
teaching "true culture."
SENATOR STEVENS would direct tribes and DEED to draft model
legislation in 2026. He indicated that Natasha [Singh] had
presented that tribes need to be given more funding, and he
added that the state and DEED also need to be involved in the
process. He stated his assumption that "sophisticated teachers"
would be involved, and emphasized there is no intention of
"dumbing education down." He speculated that there would be
collective bargaining.
9:13:54 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, on behalf of Senator Stevens, prime
sponsor of CSSB 34(JUD), echoed the comments of Senator Stevens
regarding the path the bill had taken thus far to a point of
allowing the parties involved to come up with a draft for the
legislature to consider at a later time.
9:15:11 AM
JOEL ISAAK, Project Coordinator/Tribal Liaison, Department of
Education and Early Development, as part of the hearing on CSSB
34(JUD), gave a presentation, titled "State Tribal Education
Compacting Overview" [hard copy included in the committee
packet]. He directed attention to slide 2, which read as
follows [original punctuation provided, with some formatting
changes]:
OUR MISSION
?An excellent education for every student every day.
OUR PURPOSE
?DEED exists to provide information, resources, and
leadership to support an excellent education for every
student every day.
OUR VISION
?All students will succeed in their education and
work, shape worthwhile and satisfying lives for
themselves, exemplify the best values of society, and
be effective in improving the character and quality of
the world about them.
Alaska Statute 14.03.015
MR. ISAAK said he thinks compacting is a way to carry out DEED's
mission, vision, and purpose. He continued to slide 3, which
read as follows [original punctuation provided]:
Our Strategic Priorities:
Alaska's Education Challenge
Five Shared Priorities:
1. Support all students to read at grade level by the
end of third grade
2. Increase career, technical, and culturally relevant
education to meet student and workforce needs
3. Close the achievement gap by ensuring equitable
educational rigor and resources
4. Prepare, attract, and retain effective education
professionals
5. Improve the safety and well-being of students
through school partnerships with families,
communities, and tribes
MR. ISAAK said compacting touches upon all five of the shared
priorities. He turned next to the strategic priority, shown on
slide 4, which read as follows [original punctuation provided]:
Alaska Education Challenge State Board Priority
Strategic Priority:
Inspire Tribal and Community Ownership of Educational
Excellence
Adopted Priority:
Self-Governance Compacting: Create the option for
selfgovernance [sic] compacting for the delivery of
education between the State of Alaska and Tribes or
tribally-empowered Alaska Native organizations.
MR. ISAAK said this process involved thousands of people and was
adopted by the State Board of Education. He turned to slide 5,
titled "State Board of Education Tribal Compacting Committee,"
which read as follows [original punctuation provided]:
State Board of Education Tribal Compacting Committee
Committee Mission Statement:
Support Tribal Compacting by identifying and
developing regulations that support the efforts of
Tribes throughout Alaska.
Alaska's Education Challenge Strategic Priority:
Close the achievement gap by ensuring equitable
educational rigor and resources.
MR. ISAAK explained that the mission statement on slide 5 is
that of the committee formed by the State of Washington, which
is the only state currently compacting for K-12 education. He
said DEED is considering regulations that will work when
compacting comes to fruition.
9:21:00 AM
MR. ISAAK covered slide 6, "Compacting in Education," which read
as follows [original punctuation provided]:
? Government to Government Agreement
? Tribes as Political Subdivision
? Self-Determination
MR. ISAAK proceeded to slide 7, "Partnership With Alaska
Federation of Natives," which read as follows [original
punctuation provided]:
? Identify relevant federal and state laws and
regulations
? Compile relevant material related to educating
Alaska Native students
? Engage with Alaska Native leaders and subject matter
experts on educational compacting options
MR. ISAAK said DEED has issued a grant to the Alaska Federation
of Natives (AFN), and that listed on slide 7 are the tasks of
AFN. In response to Chair Zulkosky, he said it was a $1 million
grant that originated from COVID-19 relief funds.
9:23:47 AM
MR. ISAAK talked about engaging with Alaska Native leaders and
subject matter experts on compacting options. He shared that he
has cold called every single tribe in the state to update
various contact information. He spoke about public engagement,
speaking with Alaska Native grandmothers to learn the importance
of tribes being involved. He underscored that a tribe does not
have to be part of AFN to engage in the process.
MR. ISAAK highlighted the list on slide 8, which read as follows
[original punctuation provided]:
Partnership With Alaska Federation of Natives
?Design of a comprehensive path forward
?Design seminars for educators and administrators on
the why and what of compacting
?Participate in discussions with the State of Alaska
and various committees of the Alaska State Legislature
to respond to questions on the final pathway report
9:27:14 AM
MR. ISAAK gave the link to DEED's compacting web page, as shown
on slide 9, and he said it has a comment portal for public
feedback. He added that DEED is working on a platform by which
it will be able to send information out to people who wish to be
updated regarding compacting efforts and tribal education in
general. He noted that slide 10 provides his contact
information, as well as that of Kollette Schroeder, Legislative
Liaison for DEED.
MR. ISAAK noted that DEED has issued another grant to Cook Inlet
Tribal Council (CITC), which is visualizing and articulating
what indigenous education models look like around the state. He
emphasized the important of partnership with tribes to determine
what success looks like in a tribal compacted school. He said
this is another means from which DEED can elicit tribal feedback
"in a way that is approachable and understandable." In response
to Chair Zulkosky, he said he would need to find out the amount
of the CITC grant funding, but he confirmed it was also from
COVID-19 relief funds. In response to a follow-up question,
regarding the capacity in DEED for compacting, he said this is a
new endeavor for the department, which is why the Alaska State
Board of Education created a committee. He talked about
building an historical legal framework and conferring with the
State of Washington, as well as other states.
9:34:11 AM
CHAIR ZULKOSKY observed that CSSB 34(JUD) identifies that the
Alaska State Board of Education "would negotiate the terms of
the demonstration compact." She asked what that would entail.
MR. ISAAK responded that the anticipated negotiation components
would include "operational topics," such as a collective
bargaining unit, building use, transportation, attendance
records, and data driven points - services that are rendered to
help support education. He envisioned the department delivering
this information to tribes so that they would have a framework
from which to build [a compact]. He talked about there being
variables in answers depending on areas of the state. He
emphasized the importance of not stifling the view of tribes in
terms of their determined needs, and to ensure that does not
happen by supporting an ongoing conversation as part of a
partnership. Issues yet unknown will surface through these
conversations, he remarked.
9:39:38 AM
CHAIR ZULKOSKY asked Mr. Isaak how DEED anticipates a zero
fiscal note to undertake "complicated legal preparation for a
demonstration project" relating to tribal compacting, while
tribes "are already underwriting the state's success by
volunteering their own hours, their own salaries, in essentially
putting forward expertise on the topic."
MR. ISAAK responded that the department has the capacity to
absorb the fiscal impact of CSSB 34(JUD).
9:43:52 AM
CHAIR ZULKOSKY, speaking from her experience as co-chair of the
House Health and Social Services Standing Committee and from the
viewpoint of work done in the House Special Committee on Tribal
Affairs toward understanding state and tribal compacting in
Alaska, stated the following:
Because that compact has been essentially flat funded
since inception, tribes have been a bit in a stagnant
position with respect to being in a place of constant
implementation and looking to build out capacity. And
while that speaks to ... the direct funding agreement,
as it relates to the compact, without additional
support to the Office of Children's Services for the
implementation of that work, there's been a bit of a
tricky cycle since signage of that compact where ...
they haven't been able to move the needle in the way
that it's been envisioned.
CHAIR ZULKOSKY advised that in order to set up tribes in the
state for success in pursuing this endeavor, the department
needs to question requiring tribes to consistently underwrite
the state's efforts in addressing disparities of state-funded
programs. She explained that while these constitutionally
required programs are funded by the state, without putting
forward "a meaningful potential fiscal investment in the pursuit
of this work," the cost is shifted to the tribes, "because they
would be engaging in their best interests." Chair Zulkosky said
she respects that the state has looked at the opportunity to
leverage federal/tribal resources but emphasized that it becomes
problematic when the state consistently places its burden onto
tribes. She cautioned against allowing CSSB 34(JUD) to go
unfunded, because she opined it has the potential to be
transformative. She stated, "I don't think it's the
constitutional obligation of the tribes to provide that
education, but instead the state." She encouraged DEED to take
a hard look at its potential fiscal note and what it's prepared
to invest in to ensure that "this is done right for the benefit
of all Alaska students."
9:47:01 AM
REPRESENTATIVE TARR asked Mr. Isaak about any lessons or
insights he might have gained from the State of Washington's
model.
MR. ISAAK responded that the State of Washington began a pilot
program with tribes that expressed readiness, with annual "look
backs" for six years, and a review at the end of the seven-year
pilot, at which time effort was made to bring every tribe into
the compact. He said CSSB 34(JUD) would allow for reviews. He
said he looked at Title 14 when observing Washington's plan, and
that state's mechanisms for funding education and system for
reporting are similar to that of Alaska. One difference to
consider is that the State of Washington deals with tribes on
reservations, whereas Alaska does not. He said the tribes in
Alaska have federal trust responsibility, but there are
"different legal pieces" with Alaska Native tribes than with
tribes in the Lower 48, in terms of education.
9:51:34 AM
REPRESENTATIVE TARR expressed that Mr. Isaak's comments were
encouraging, and she concurred with Chair Zulkosky's comments
about ensuring the necessary resources for a compact.
9:52:15 AM
REPRESENTATIVE FIELDS thanked the bill sponsor and DEED for
working on this issue.
9:52:25 AM
CHAIR ZULKOSKY expressed her appreciation to the bill sponsor.
9:52:58 AM
CHAIR ZULKOSKY announced that CSSB 34(JUD) was held over.
9:53:12 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
9:53 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 34 Tribal-Compacting Background AFN White Paper Dec2021.pdf |
HTRB 4/14/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Bill Text version W.PDF |
HTRB 4/14/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Sectional version W.pdf |
HTRB 4/14/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting SponsorStatement.pdf |
HTRB 4/14/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Summary of Changes version A to G.pdf |
HTRB 4/14/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Summary of Changes version G to W.pdf |
HTRB 4/14/2022 8:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting Support Letter AFN 3.16.2022.pdf |
HTRB 4/14/2022 8:00:00 AM |
SB 34 |
| 4.14.22 (H) Tribal Affairs - State Tribal Compacting Overview.pdf |
HTRB 4/14/2022 8:00:00 AM |
|
| ANTHC Tribal Compacting PowerPoint.pdf |
HTRB 4/14/2022 8:00:00 AM |