03/14/2014 08:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| SB100 | |
| Start | |
| SB139 | |
| SB100 | |
| SB139 | |
| SB208 | |
| SB113 | |
| SB147 | |
| SB100 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 139 | TELECONFERENCED | |
| += | SB 113 | TELECONFERENCED | |
| += | SB 100 | TELECONFERENCED | |
| = | SB 147 | ||
| = | SB 208 | ||
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
March 14, 2014
7:59 a.m.
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator Mike Dunleavy, Vice Chair
Senator Bert Stedman
Senator Charlie Huggins
Senator Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 139
"An Act increasing the base student allocation used in the
formula for state funding of public education; repealing the
secondary student competency examination and related
requirements; relating to high school course credit earned
through assessment; relating to a college and career readiness
assessment for secondary students; relating to charter school
application appeals and program budgets; relating to residential
school applications; increasing the stipend for boarding school
students; extending unemployment contributions for the Alaska
technical and vocational education program; relating to earning
high school credit for completion of vocational education
courses offered by institutions receiving technical and
vocational education program funding; relating to education tax
credits; making conforming amendments; and providing for an
effective date."
- MOVED CSSB 139(EDC) OUT OF COMMITTEE
SENATE BILL NO. 208
"An Act increasing the school construction debt reimbursement
percentage for certain municipalities; and providing for an
effective date."
- HEARD & HELD
SENATE BILL NO. 113
"An Act increasing the stipend for boarding school students; and
providing for an effective date."
- MOVED CSSB 113(EDC) OUT OF COMMITTEE
SENATE BILL NO. 147
"An Act increasing and providing an inflation adjustment to the
base student allocation used in the formula for state funding of
public education; and providing for an effective date."
- HEARD & HELD
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100
"An Act establishing a grant program to be administered by the
Association of Alaska School Boards for the purchase of student
equipment and technology services; establishing a grant program
for innovative approaches to learning; relating to
correspondence study programs and student allotments; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 139
SHORT TITLE: EDUCATION: FUNDING/TAX CREDITS/PROGRAMS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/24/14 (S) READ THE FIRST TIME - REFERRALS
01/24/14 (S) EDC, FIN
02/03/14 (S) EDC AT 8:00 AM CAPITOL 106
02/03/14 (S) Heard & Held
02/03/14 (S) MINUTE(EDC)
02/10/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/10/14 (S) Heard & Held
02/10/14 (S) MINUTE(EDC)
02/24/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/24/14 (S) -- MEETING CANCELED --
02/26/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/26/14 (S) Heard & Held
02/26/14 (S) MINUTE(EDC)
02/28/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/28/14 (S) Heard & Held
02/28/14 (S) MINUTE(EDC)
03/03/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/03/14 (S) Heard & Held
03/03/14 (S) MINUTE(EDC)
03/10/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/10/14 (S) Heard & Held
03/10/14 (S) MINUTE(EDC)
03/12/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/12/14 (S) Heard & Held
03/12/14 (S) MINUTE(EDC)
03/14/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
BILL: SB 208
SHORT TITLE: SCHOOL CONSTRUCTION BOND DEBT
SPONSOR(s): OLSON
02/26/14 (S) READ THE FIRST TIME - REFERRALS
02/26/14 (S) EDC, FIN
03/10/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/10/14 (S) Heard & Held
03/10/14 (S) MINUTE(EDC)
03/14/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
BILL: SB 147
SHORT TITLE: BASE STUDENT ALLOCATION
SPONSOR(s): GARDNER
01/31/14 (S) READ THE FIRST TIME - REFERRALS
01/31/14 (S) EDC, FIN
02/28/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/28/14 (S) Heard & Held
02/28/14 (S) MINUTE(EDC)
03/14/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
BILL: SB 113
SHORT TITLE: STIPEND FOR BOARDING SCHOOLS
SPONSOR(s): COGHILL
01/22/14 (S) PREFILE RELEASED 1/10/14
01/22/14 (S) READ THE FIRST TIME - REFERRALS
01/22/14 (S) EDC, FIN
03/03/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/03/14 (S) Heard & Held
03/03/14 (S) MINUTE(EDC)
03/14/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
BILL: SB 100
SHORT TITLE: EDUCATION GRANTS; CORRS STUDY; ALLOTMENTS
SPONSOR(s): SENATOR(s) DUNLEAVY
04/06/13 (S) READ THE FIRST TIME - REFERRALS
04/06/13 (S) EDC
04/10/13 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
04/10/13 (S) Heard & Held
04/10/13 (S) MINUTE(EDC)
02/07/14 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/07/14 (S) EDC, FIN
03/03/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/03/14 (S) Heard & Held
03/03/14 (S) MINUTE(EDC)
03/14/14 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/14/14 (S) EDC AT 3:00 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 139 and SB 208
on behalf of the sponsor.
DAVID SCOTT, Staff
Senator Donny Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on Section 5 of SB 139
and on SB 208 on behalf of the sponsor.
MICHAEL HANLEY, Commissioner
Department of Education and Early Development (DEED)
Juneau, Alaska
POSITION STATEMENT: Presented information related to SB 139, SB
147, and SB 100.
GRAY MITCHELL, Assistant Commissioner
Department of Labor and Workforce Development (DLWD)
Anchorage, Alaska
POSITION STATEMENT: Presented information in Section 20 of SB
139.
JOHANNA BALES, Deputy Director
Tax Division
Department of Revenue
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 139.
ELIZABETH NUDELMAN, Director
School Finance and Facilities
Department of Education and Early Development (DEED)
Juneau, Alaska
POSITION STATEMENT: Spoke to the fiscal note related to SB 208.
RYNNIEVA MOSS, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained changes to SB 113.
THOMAS PRESLEY, Staff
Senator Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information related to SB 147 on
behalf of the sponsor.
KATIE OLIVER, President
Kodiak Island School Board
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 147.
MIKE COONS, representing himself
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to SB 147.
DEBBIE EDWARDSON, President
North Slope Borough School District Board
Barrow, Alaska
POSITION STATEMENT: Testified in support of SB 147.
SHEILA PETERSON, Staff
Senator Mike Dunleavy
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented changes to SB 100 on behalf of the
sponsor.
BRUCE JOHNSON, Executive Director
Alaska Council of School Administrators
Juneau, Alaska
POSITION STATEMENT: Presented information related to SB 100.
STUART MCDONALD, Superintendent
Kodiak Island Borough School District
Kodiak, Alaska
POSITION STATEMENT: Testified in support of SB 100.
ROBERT WHICKER, Consortium for Digital Learning
Alaska Association of School Boards (AASB)
Eloy, Arizona
POSITION STATEMENT: Offered to answer questions about SB 100.
ANGELA WASHINGTON, Board of Directors
Alaska State Board of Education
Kotzebue, Alaska,
POSITION STATEMENT: Testified in support of SB 100.
MICHELLE HAND, representing herself
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 100.
PETER HOEPFNER, President
Cordova School Board
Cordova School District
POSITION STATEMENT: Testified in support of SB 100.
STEVE BRADSHAW, Superintendent
Sitka School District
Sitka, Alaska
POSITION STATEMENT: Testified in support of SB 100.
ACTION NARRATIVE
7:59:50 AM
CHAIR GARY STEVENS called the Senate Education Standing
Committee meeting to order at 7:59 a.m. Present at the call to
order were Senators Gardner, Stedman, Huggins, Dunleavy, and
Chair Stevens. He listed the five bills the committee would
hear: SB 139, SB 113, SB 147, SB 208, and SB 100.
SB 139-EDUCATION: FUNDING/TAX CREDITS/PROGRAMS
8:00:55 AM
Chair Stevens announced the consideration of SB 139. He noted a
new committee substitute (CS), Version N.
SENATOR DUNLEAVY moved to adopt the CS for SB 139, labeled 28-
GS2716\N, as the working document.
CHAIR STEVENS objected for discussion.
8:01:23 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, presented information on SB 139,
Version N, on behalf of the sponsor. He pointed out the changes
from the prior version of the bill. The first change is in
Section 5, page 5, lines 4 - 22, where the language from SB 82,
sponsored by Senator Olson and passed by committee on April 5,
is incorporated into the bill. The language would assist
districts with discounted rates for internet services under the
federal Universal Services Program.
MR. LAMKIN explained that the next change is on page 6, in the
context of charter school appeals. The words "to determine" were
changed to "to consider" on line 9. In Section 13, on page 9,
the provisions of SB 208 regarding the school construction debt
reimbursement were added. He said SB 208 will be heard later in
the meeting. He highlighted page 14, lines 19 and 20, where the
words "are less than" should be replaced by "are less than or
equal to". He recommended an amendment to that effect.
He said another change is in Section 20, page 16, lines 7 - 12.
This section is in regard to the Technical Vocational Education
Program (TVEP) and the methodology by which employers and
employees contribute to the unemployment insurance fund. It is
important to consider the "size of the pie" in the process of
changing the TVEP allocation structure. In this section the
contribution rate is changed from .15 percent to .16 percent.
Currently, the fund is increasing on its own due to the growth
in the employment sector. The change would allow the addition of
the two entities, Ketchikan and Sitka, listed on page 17, in
order to provide better representation from the Southeast
region.
8:05:24 AM
CHAIR STEVENS asked what difference that change makes to the
employee contribution rate.
MR. LAMKIN related that it should increase the entire fund by
approximately $700,000.
CHAIR STEVENS pointed out that the increase to individual
employees would be under $10.
MR. LAMKIN said it would be $9.60 annually.
He continued with a change in Section 21, page 16, line 15,
where the sunset is changed to 2017 in order to give the
department time to address performance measures and an audit.
8:06:56 AM
MR. LAMKIN described changes in Sections 25 - 36, the tax credit
sections, related to corporate donations. He referred to page
18, line 27, where the reference to intercollegiate sports
tournament is struck from the bill because it is not considered
an academic exercise. That change is consistent throughout the
tax credit sections.
He highlighted a change on page 19, lines 6 - 15, - an addition
to tax credits where a nonprofit is giving scholarships for
students to attend dual credit summer camp events, such as Rural
Alaska Honors Institute (RAHI). He said an amendment to that
effect was considered and adopted by the other body.
He reviewed a change on page 19, lines 25 - 28, - an addition to
tax credits for Alaska Federation of Native elders who might
wish to start a nonprofit that would promote public service and
leadership, an amendment proposed by the administration.
8:09:36 AM
MR. LAMKIN turned to Section 37, page 30, line 8, the repeal of
the exit exam. On page 30, line 29, there is reference to a
legislative audit of TVEP. On page 31, lines 4 - 13, uncodified
law related to school construction debt reimbursement, contains
the aforementioned proposed wording change, "is less than or
equal to." In Section 44, on line 16, the effective date is
changed to 2014, instead of 2015, in order to facilitate
developing TVEP performance measures more quickly.
CHAIR STEVENS thanked Mr. Lamkin for his work on the bill.
CHAIR STEVENS requested Mr. Scott address the change beginning
in Section 5, page 5, line 5.
8:11:54 AM
DAVID SCOTT, Staff, Senator Donny Olson, Alaska State
Legislature, Juneau, Alaska, presented information on Section 5
of SB 139 on behalf of the sponsor. He explained that Section 5
sets a minimum floor for all schools of 10 megabytes of internet
service. In doing so, the state would be leveraging four federal
dollars for each state dollar spent. The intent is to allow
rural school districts to make use of distance learning. Rural
students could then take advantage of the Alaska Performance
Scholarship due to more course offerings.
CHAIR STEVENS asked if this provision is in another bill.
MR. SCOTT said it is in SB 82.
CHAIR STEVENS asked for the status of SB 82.
MR. SCOTT said it is in the Senate Finance Committee.
8:14:03 AM
SENATOR HUGGINS asked about the fiscal note.
MR. SCOTT said the 10 percent escalator has been removed and
would reduce the fiscal note.
CHAIR STEVENS noted the bill is in Senate Finance.
SENATOR HUGGINS voiced concern about the fiscal note.
MR. SCOTT related that to bring all schools to the level of 10
megabytes would cost between $7 million and $8 million.
CHAIR STEVENS presented Mr. Scott with the fiscal note.
MR. SCOTT explained that the base rate the state would pay this
year would be almost $14 million, with an additional cost of $7
million to bring all schools up to the 10 megabyte level, minus
10 percent. This year it would cost roughly $22 million.
SENATOR DUNLEAVY asked if the increase is $22 million.
MR. SCOTT said he would need to discuss it with the department.
CHAIR STEVENS said the options are to leave it in the bill or
remove it.
8:17:43 AM
SENATOR HUGGINS said he is inclined to not support something
that will not work financially.
CHAIR STEVENS asked for a motion.
SENATOR HUGGINS moved to strike Section 5 from SB 139.
SENATOR DUNLEAVY said he agreed with Senator Huggins.
CHAIR STEVENS asked if there were any objections. Seeing none,
[Conceptual Amendment 1 was adopted.]
SENATOR HUGGINS said he is not trying to carve up the bill.
SENATOR DUNLEAVY noted that debt reimbursement for school
construction was the other proposal by Senator Olson.
CHAIR STEVENS asked Mr. Scott to comment. He inquired about the
status of SB 208.
8:20:06 AM
MR. SCOTT said SB 208 will be heard later in the Senate
Education Committee.
CHAIR STEVENS questioned how to deal with SB 208.
MR. SCOTT addressed funding school construction. He said there
are two ways to fund construction, with a grant from the state
or through debt reimbursement. Those schools eligible for 20
percent or lower participation share in the grant program would
be eligible for 80/20 debt reimbursement, rather than 70/30. A
precedent has been set with the 90/10 reimbursement. There is a
five-year side bar.
CHAIR STEVENS asked about the fiscal note.
MR. SCOTT said in the first year the fiscal note is for $128,910
from a retroactivity clause only one school district is eligible
for. The following years have indeterminate costs.
SENATOR HUGGINS recommended that the bill stand alone.
SENATOR HUGGINS offered Conceptual Amendment [2] to remove
Section 13 from SB 139. There being no objection, [Conceptual
Amendment 2 was adopted.]
8:23:41 AM
At ease
8:24:39 AM
CHAIR STEVENS brought the meeting back to order. He turned to
Section 7 on page 6 and asked Commissioner Hanley to comment.
MICHAEL HANLEY, Commissioner, Department of Education and Early
Development (DEED), Juneau, Alaska, presented information
related to SB 139. He concurred with Mr. Lamkin's statement that
simply changes the wording of the appeal that comes to the
commissioner, on line 9, to "consider." He discussed Section 7
as it applies to the charter school application appeal. He said
the purpose and the Governor's intent of this section is to
recognize some of the challenges charter schools have of just
"getting the ball rolling." It provides additional scrutiny and
opportunities for a charter school to plead their case.
SENATOR GARDNER asked, with the new language, if the
commissioner or the board can overturn a school board's decision
or concur with the findings of fact and law.
COMMISSIONER HANLEY clarified that the commissioner would
"review and then forward," and the State Board would have
opportunity to do those three things.
SENATOR GARDNER requested clarification if the district would
have to administer a proposed charter school that they had
denied.
COMMISSIONER HANLEY said it appears that the seven individuals
of the state board, not the commissioner, have the ability to
approve a charter school that has been denied by the district.
8:29:02 AM
CHAIR STEVENS noted that has never happened.
COMMISSIONER HANLEY agreed.
SENATOR HUGGINS called it an appeal process if there was a
denial. He gave an example of parents getting together to form a
school and now having an appeal process. He spoke in support of
this provision. He assumed the appeal process is more of a
facilitation procedure.
SENATOR DUNLEAVY asked what the original intent of the Governor
was.
COMMISSIONER HANLEY said it was to allow another set of eyes and
add integrity to the local process.
SENATOR DUNLEAVY asked if this language changes that intent.
COMMISISONER HANLEY said it is an added opportunity for parents
to be heard. He did not anticipate a lot of appeals. He
concluded that the process brings integrity.
CHAIR STEVENS noted it brings a conclusion to the process.
CHAIR STEVENS addressed Section 20, the TVEP provision beginning
on page 16.
8:33:55 AM
GRAY MITCHELL, Assistant Commissioner, Department of Labor and
Workforce Development (DOLWD), Anchorage, Alaska, presented
information on Section 20 of SB 139. He said the changes add
participants to the TVEP program and provide a way to fund them
without significantly changing the allocations that exist for
current TVEP recipients. He noted there would be a fiscal impact
to DOLWD from Section 20 associated with the .01 percent
increase to the TVEP set-aside, from .15 percent to .16 percent.
He pointed out that a $9.60 per employee contribution increase
is not accurate. The impact on the employee tax rate is zero;
the impact on the employer tax rate would be approximately $2.40
per employee. An annual tax increase for an employer with four
employees would be approximately $9.66 per year. As the number
of employees is increased, the amount per employee is decreased.
CHAIR STEVENS summarized the previous information. He noted that
workforce development is an important issue and it has a cost.
8:37:46 AM
CHAIR STEVENS pointed out that an audit would be required.
He turned to page 18, line 27, - tax credits. He asked if there
was any discussion of the removal of the sporting events tax
credit. Hearing none, he addressed the dual credit issue on page
19. He requested comments from the commissioner.
COMMISSIONER HANLEY addressed line 6, page 19, and said that,
previously, one of the tax credits was to defray the costs of
dual credit. The Governor's intent in SB 139 is to broaden that
provision to allow on-campus room and board for post-secondary
institutions and transportation costs to and from residential
schools. Another component would allow students to access
programs such as Rural Alaska Honors Institute (RAHI) out of
Fairbanks and Alaska Native Science and Engineering Program
(ANSEP) operated out of the university, for summer institutes.
This section allows for corporations to receive tax credits when
paying for the abovementioned costs.
CHAIR STEVENS requested information about page 19, line 25, the
AFN elders program.
COMMSSIONER HANELY explained that it is another opportunity for
a corporation to receive a tax credit for promoting educational
opportunities for leadership. He noted an institution called the
Ted Stevens Organization which allows legacy materials to be
used for educational and leadership purposes - it is itemized
separately.
8:41:23 AM
CHAIR STEVENS turned to the exit exam on page 30.
COMMISSIONER HANLEY related that the ultimate goal is to remove
the exit exam, something that is no longer relevant. He said he
would rather see transition language in the bill, but he called
it the lesser of the evils as to how it gets to having the exit
exam removed. The Governor's bill required WorkKeys or the
ACT/SAT and that component has been removed in Version N. He
noted that WorkKeys will still be required in 11th grade.
8:43:26 AM
SENATOR GARDNER pointed out that for all tax credits, public
schools have public disclosure requirements. She asked if
private entities have to do the same and whether the state knows
those costs. She wondered if the state knows total costs for a
student to attend a program if it is paying only a part of the
costs.
COMMISSIONER HANLEY said the state does know the operating costs
of public schools, including private donations, but not
necessarily who the private donors are.
CHAIR STEVENS suggested hearing from Ms. Bales.
SENATOR GARDNER noted one of the values of Alaskans is
accountability and public disclosure of money spent in public
schools. She inquired if tax credits from corporations or other
donors are public information.
JOHANNA BALES, Deputy Director, Tax Division, Department of
Revenue, Anchorage, Alaska, answered questions related to SB
139. She explained that the department provides aggregate
information of all tax credits, but does not identify the name
of the tax payer or the recipient. The report shows the total
aggregate received by the university, colleges, vocational
technical programs, and other small programs. There is a
provision under the education tax credit law in current statute
that states that each public college and university has to
report in their annual operating budget the contributions they
received through the education tax credit and how they were
used. She offered to provide that information.
8:47:41 AM
SENATOR GARDNER inquired about data showing that residential
schools are performing better than other public schools that
serve students through boarding home arrangements or the use of
existing facilities. She asked if there a cost/benefit analysis
that shows it is a better, less costly option. She requested
that information. She spoke in favor of residential schools, but
wished to see their costs.
COMMISSIONER HANLEY offered to provide that information. He
suggested comparing boarding schools to schools where students
have come from. He agreed that there is an added cost for
boarding students, but also that there is added value for
students.
8:49:45 AM
CHAIR STEVENS closed public testimony.
He removed his objection to adopting Version N.
SENATOR GARDNER said she has a conceptual amendment about a
situation where a local school board has denied a charter school
application. She said she likes that the board must put their
response in writing and that the commissioner could agree that
the findings of fact are a valid reflection of the application,
and she has no objection to the referral to the state board of
education. However, she maintained it is wrong to leave open the
possibility that the board could override a school district's
decision to reject an application, forcing the school district
to run the charter school. She said it creates conflict. She
noted it has never happened.
She offered Conceptual Amendment [3] that when the process goes
through and reaches the state board of education, the board can
disagree with the findings of fact and law and send the
application back to the district, but they cannot require the
district to accept the charter school.
SENATOR GARDNER reiterated Conceptual Amendment [3] saying the
most that the state board of education can do is dispute the
findings of fact and law and tell the school board to go back to
the drawing board.
8:52:34 AM
CHAIR STEVENS agreed there is a strong belief in local control
and the local school board should have a say as to what happens
in their district. He suggested that the denied charter school
could come under the jurisdiction of the state board of
education.
SENATOR HUGGINS pointed out that the state board has the
authority to disapprove of a district's decision to accept a
charter school application. He maintained that it is not an even
playing field.
CHAIR STEVENS agreed it is a problem. He asked the commissioner
for his opinion.
8:54:58 AM
COMMISSIONER HANLEY addressed the issue. He agreed it would be
an untenable situation. He summarized that the state board can
deny or approve of a local approval. The public process of
putting all cards on the table would require the state board to
consider the findings of fact and law. He could not imagine a
denial under that scenario.
SENATOR HUGGINS said some school districts put a conceptual cap
on charter schools. He maintained that the intent of charter
school laws is for parents to be empowered to start a school. He
recalled that in the Mat-Su there was a conceptual cap on
charter schools. The bill says it is not in school districts'
authority to say that.
8:57:30 AM
SENATOR GARDNER agreed that there was suspicion originally
surrounding charter schools and now they have proved themselves
and are beloved by families that support them. However, there
are some financial risks, and she said she has several
proposals, as does SB 139, to ameliorate some of them. She
emphasized that if a district, on findings of fact and law, has
turned down a charter school application, there is no dispute of
the findings, and the state school board wants it to go forward,
the school board should run it.
SENATOR STEDMAN thought the next committee of referral could
deal with this issue.
CHAIR STEVENS pointed out that the community elects the school
board and can vote it out if they don't agree with its
decisions. He requested that Senator Gardner clarify the
conceptual amendment.
SENATOR GARDNER reiterated the conceptual amendment's intent; if
the state board of education approves a charter school
application over the objections of the school board, which has
presented undisputed findings of fact and law, the state board
of education should run the charter school the same way it runs
Mt. Edgecumbe.
CHAIR STEVENS repeated the amendment.
SENATOR GARDNER added "assuming there was no dispute about the
findings of fact and law."
9:00:38 AM
SENATOR HUGGINS objected. He said it is a radical thing and
creates a new structure. He did not think Mt. Edgecumbe could be
replicated around the state. He agreed the issue could be
tightened up.
CHAIR STEVENS said he was concerned, as a former school board
member, about having another school district within a school
district.
A roll call vote was taken. Senator Gardner voted in favor of
Conceptual Amendment 1 and Senators Stedman, Huggins, Dunleavy,
and Chair Stevens voted against it. Therefore, Conceptual
Amendment [3] failed by a 1:4 vote.
9:02:21 AM
SENATOR GARDNER moved to adopt Conceptual Amendment [4]: "The
board of education cannot approve a charter school that has been
denied by a local district, unless they find a flaw in the
findings of fact and law."
SENATOR HUGGINS encouraged a positive statement.
SENATOR GARDNER appreciated the suggestion.
SENATOR HUGGINS encouraged waiting for the Senate Finance
Committee hearing to propose the amendment.
SENATOR GARDNER pointed out that the Education Committee is the
education policy committee and the topic is an education policy;
this is the appropriate place to deal with the issue.
She withdrew Conceptual Amendment [4] and offered Conceptual
Amendment [5]: "If the board of education finds flaws with the
finding of fact or law, they can approve the charter school."
SENATOR HUGGINS objected.
9:05:25 AM
A roll call vote was taken. Senator Gardner voted in favor of
Conceptual Amendment [5] and Senators Stedman, Huggins,
Dunleavy, and Chair Stevens voted against it. Therefore,
Conceptual Amendment [5] failed by a 1:4 vote.
SENATOR GARDNER moved to adopt Conceptual Amendment [6], drafted
to Version U, regarding the BSA. She said the amendment
increases the BSA by $404. This number was generated by
legislative research as a response as to what it would take to
bring school districts "whole" from the years they have been
flat funded.
SENATOR STEDMAN suggested that the Finance Committee deal with
this issue.
SENATOR DUNLEAVY asked about the fiscal note.
SENATOR GARDNER said she would look it up.
SENATOR HUGGINS objected.
9:07:32 AM
A roll call vote was taken. Senator Gardner voted in favor of
Conceptual Amendment [6] and Senators Stedman, Huggins,
Dunleavy, and Chair Stevens voted against it. Therefore,
Conceptual Amendment [6] failed by a 1:4 vote.
SENATOR DUNLEAVY moved to report the CS for SB 139, as amended,
from committee with individual recommendations and attached
fiscal notes.
SENATOR GARDNER objected for discussion purposes. She said the
bill is missing quality, optional preschool programs and efforts
to support highly effective teachers. She opined that there are
three stools that provide great outcomes for kids; involved
parents, high quality teachers, and a high quality preschool
program. She withdrew her objection and stated support for the
bill.
9:09:54 AM
There being no further objection, CSSB 139(EDC) was reported
from the Senate Education Standing Committee.
9:09:59 AM
At ease
SB 208-SCHOOL CONSTRUCTION BOND DEBT
9:12:31 AM
Chair Stevens announced the consideration of SB 208. He noted
the intent to move the bill from committee. He noted the new
committee substitute (CS), Version U.
SENATOR DUNLEAVY moved to adopt the CS for SB 208, labeled 28-
LS1527\U, as the working document.
CHAIR STEVENS objected for discussion purposes.
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, explained that Version U is
identical to language contained in Version N of SB 139. The main
thrust of the bill is on pages 6 and 7. The bill changes the
structure by which school districts might qualify for
construction reimbursement. An amendment would be needed before
moving forward with the bill on page 7, line 2 and line 13, the
words "or equal to" would follow "less than." He understood that
the language targets only the Lake and Peninsula School
District.
DAVID SCOTT, Staff, Senator Donny Olson, Alaska State
Legislature, Juneau, Alaska, presented information regarding SB
208 on behalf of the sponsor. He explained the legislation is
designed to encourage all rural schools to address facility
improvements by issuing debt, versus waiting for a state grant.
9:16:35 AM
SENATOR STEDMAN asked why the ratio is 80/20 instead of 70/30,
which districts are affected, and what tax base would be
required.
MR. SCOTT said there are seven districts that are at the 20
percent level and there are several that are at 5 percent, but
they may not have the necessary economy to bond.
SENATOR STEDMAN said he did not understand the difference
between Klawock's and Craig's percentages.
MR. SCOTT said Craig is at 10 percent.
SENATOR STEDMAN questioned how they could have different debt
reimbursement levels.
MR. SCOTT explained that they both would fall under the 80/20
provision of the bill. They have different local participating
shares. Craig is at 10 percent; Hydaburg is at 20 percent. The
formula is in law and districts move in and out of different
levels.
9:19:46 AM
CHAIR STEVENS asked about the wording change in the amendment.
MR. SCOTT said the first language was very broad. It needed to
include those at a lower percentage rate if they were able to
participate.
SENATOR HUGGINS asked if there is a fiscal projection.
MR. SCOTT referred to Section 2, which relates to only one
project - Port Alsworth.
SENATOR HUGGINS asked what the project consists of.
MR. SCOTT said it is a major maintenance project for Port
Alsworth's school.
SENATOR HUGGINS inquired further about maintenance details.
MR. SCOTT said he does not have that information.
SENATOR DUNLEAVY said Port Alsworth's expansion is due to a
population growth.
9:22:28 AM
ELIZABETH NUDELMAN, Director, School Finance and Facilities,
Department of Education and Early Development (DEED), Juneau,
Alaska, spoke to the fiscal note for SB 208. She related that
those districts in the state grant program with a participating
share of 20 percent or less would be eligible for debt
reimbursement at 80 percent, rather than 70 percent. Of the 12
districts that fall into that category, three have participated
in the debt program in the last ten years: Northwest Arctic,
Lake and Peninsula Borough, and Dillingham. She said the
retroactive language is specifically for Lake and Peninsula. The
voters have approved 70 percent debt at $16.8 million and $15
million of that is for renovation and expansion of the Port
Alsworth School.
She commented that the correction "equal or less than" matches
the intent of the bill.
SENATOR DUNLEAVY said it would be hard to make a decision on the
bill. He suggested holding the bill.
CHAIR STEVENS agreed. He maintained his objection and held SB
208 in committee.
SB 113-STIPEND FOR BOARDING SCHOOLS
9:25:52 AM
CHAIR STEVENS announced the consideration of SB 113.
9:25:57 AM
At ease
9:26:43 AM
CHAIR STEVENS brought the meeting back to order. He noted the
committee has passed the wording of SB 113 as it is found in SB
139. He inquired if there were any differences between SB 113
and the similar provisions in SB 139.
RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, explained changes to SB 113. She
noted a new CS, Version U, which adds the annual application
period to SB 113. She explained that SB 113 was pre-filed and
then the Governor came out with SB 139, inserting SB 113 and
adding the open application period to his bill. Section 1 in SB
113 inserts the application period.
9:27:52 AM
SENATOR DUNLEAVY moved to adopt the CS for SB 113, labeled 28-
LS1126|U, as the working document before the committee.
CHAIR STEVENS objected.
He opened public testimony. Seeing no one to testify, he closed
public testimony.
CHAIR STEVENS withdrew his objection.
SENATOR DUNLEAVY moved to report the CS for SB 113 from
committee with individual recommendations and attached fiscal
note.
CHAIR STEVENS announced that without objection, CSSB 113(EDC)
was reported from the Senate Education Standing Committee.
9:28:58 AM
At ease
SB 147-BASE STUDENT ALLOCATION
9:30:41 AM
CHAIR STEVENS announced the consideration of SB 147. He noted
Version U committee substitute (CS) was before the committee.
9:31:09 AM
THOMAS PRESLEY, Staff, Senator Berta Gardner, Alaska State
Legislature, Juneau, Alaska, presented information related to SB
147 on behalf of the sponsor. He said there were no changes to
Version U since the first hearing of it. He explained that the
bill changes the formula foundation to say that the BSA is
increased by $404 on a per student basis. It ties future
increases to the Anchorage Consumer Price Index.
CHAIR STEVENS requested comments from the Department of
Education and Early Development (DEED).
MICHAEL HANLEY, Commissioner, Department of Education and Early
Development (DEED), Juneau, Alaska, presented information
related to SB 147. He said the Governor has put three years of
modest increments in SB 139, which recognizes Alaska's current
fiscal situation. He said the department supports the Governor's
bill.
CHAIR STEVENS opened public testimony.
9:33:16 AM
KATIE OLIVER, President, Kodiak Island School Board, Kodiak,
Alaska, testified in support of SB 147. She described the Kodiak
district and the results of four years of flat funding of the
BSA. She detailed the successes of the school district. She said
the $404 increase would eliminate the deficit and prevent cuts
in staff and programs. She opined that the $85 BSA increase, as
seen in SB 139, would not accomplish those things. The annual
adjustment for inflation included in SB 147 would bring a much
needed level of predictability for the budget development
process.
9:36:11 AM
MIKE COONS, representing himself, Palmer, Alaska, testified in
opposition to SB 147. He questioned where the monies would come
from. He agreed with Senator Dunleavy that funds should not be
spent on adult education. He agreed with Senator Stedman's
comment that inflation proofing violates the constitution. He
applauded the cuts the Anchorage District is making. He
addressed teacher/student ratio. He testified in support of the
BSA increase in SB 139.
9:40:01 AM
DEBBIE EDWARDSON, President, North Slope Borough School District
Board, Barrow, Alaska, testified in support of SB 147. She
described the effects of flat funding on the district. She
talked about rising costs of living and the costs of education
in Barrow. She shared a personal perspective. She related the
successes and needs of the district. She projected a $622,000
deficit for the upcoming fiscal year. She requested that the
legislature increase the BSA by a minimum of $250 per student in
order to continue to provide a high quality of education for
children.
9:44:42 AM
CHAIR STEVENS closed public testimony and held SB 147 in
committee.
9:45:07 AM
CHAIR STEVENS recessed the meeting to a call of the chair.
SB 100-EDUCATION GRANTS; CORRS STUDY; ALLOTMENTS
3:37:19 PM
CHAIR STEVENS brought the meeting back to order. Present were
Senators Gardner, Dunleavy, and Chair Stevens.
CHAIR STEVENS announced that the final order of business would
be SB 100.
3:38:02 PM
SENATOR DUNLEAVY moved to adopt the CS for the Sponsor
Substitute for SB 100 ("SB 100"), labeled 28-LS0425\G, as the
working document.
CHAIR STEVENS objected for discussion.
SHEILA PETERSON, Staff, Senator Mike Dunleavy, Alaska State
Legislature, Juneau, Alaska, presented changes to SB 100 on
behalf of the sponsor. She began with the change on page 3, line
28, that says that the individual learning plan (ILP) that is
with the correspondence program must be developed with the
assistance "and approval" of the certified teacher assigned to
the student. The next change is on page 4, line 8, that makes
sure that the progress of the student's work is monitored by the
certified teacher.
CHAIR STEVENS asked if it is for correspondence study.
MS. PETERSON said yes. She noted all changes relate to a
correspondence study program.
She turned to page 4, line 19, where it says materials purchased
from a "public", private, or religious organization, must be
"non-sectarian" in nature, an addition that the committee voted
to approve at the last meeting. The new Version G also includes
that the vendors are "public" - an oversight.
CHAIR STEVENS asked for a definition of non-sectarian.
SENATOR DUNLEAVY said "not religious."
3:41:16 PM
MS. PETERSON described the next change on page 4, line 24, where
it talks about the textbooks, services, and other curriculum
that will be used in the learning plan following guidelines that
are appropriate for the public school system. This language was
taken from regulation. It says that textbooks must go with the
course of study, appropriate to the course of study, have been
approved by a school district, are appropriate for the age and
learning plan of the student, aligned with state standards, and
that they comply with AS 14.03.090 and AS 14.18.060, sections in
statute that deal with materials not being partisan, sectarian,
or advocating for a doctrine. They also must be non-
discriminatory.
MS. PETERSON addressed the last major change in the CS on page
5, line 8, which deals with the allotment. The allotment can no
longer be rolled over but must return to the school district and
not to the correspondence program. She said line 11 requires the
correspondence program to maintain a record of expenditures and
allotments, which may not be used to pay for services provided
by a family member. This language also was taken from
regulations.
3:44:21 PM
MICHAEL HANELY, Commissioner, Department of Education and Early
Development (DEED), Juneau, Alaska, provided information on SB
100. He noted that many of the changes in the CS were as a
result of conversations with the sponsor and strengthen the
bill. He said the sponsor's intent is to provide flexibility for
students who are proficient. He said he had concerns about
spending public money for things that were not educational. The
adjustments to the bill, including on page 3, the approval of
the certificated teacher, are already in current language.
COMMISSIONER HANLEY said the biggest change is on page 4, line
10, that allows flexibility. The department is to not impose
additional requirements and the focus should remain on outcomes.
He said the key is on line 17 in regard to student allotments,
where money can be spent for the purpose of meeting
instructional expenses for the student enrolled in the program.
Many changes brought back language already in regulations.
3:47:14 PM
CHAIR STEVENS inquired about page 4, line 24, a reference to the
regulations of the department. He requested clarity on "non-
partisan" and "non-discriminatory" materials.
COMMISSIONER HANLEY replied that it aligns with what is
currently expected in the public education system regarding
curriculum materials, which do not advocate for a particular
religion or party and are not discriminatory.
BRUCE JOHNSON, Executive Director, Alaska Council of School
Administrators, Juneau, Alaska, presented information related to
SB 100. He said the vast majority of superintendents in Alaska
are in support of SB 100. He spoke favorably of the changes in
the bill. One of the major concerns regarding the purchasing of
services and materials was assuaged by the addition of "non-
sectarian." He concluded that the bill increases opportunity and
choice.
3:50:05 PM
CHAIR STEVENS removed his objection. There being no further
objection, Version G was before the committee.
3:50:28 PM
STUART MCDONALD, Superintendent, Kodiak Island Borough School
District, Kodiak, Alaska, testified in support of SB 100,
especially of the 1.0 funding factor and how it would make a
difference to his district. He spoke of the difficulties of
serving correspondence students in remote areas. He said the
funding will give parents better access to certified, highly
qualified teachers. He spoke of the advantages of AASB's
Consortium for Digital Learning Initiative. The bill provides an
opportunity for a technology grant.
CHAIR STEVENS asked about page 4 regarding textbooks, services,
and curriculum. He inquired if the district is doing these
things now.
MR. MCDONALD said yes. He added that they recently went through
an audit of the correspondence program and made corrections
under existing regulations.
3:53:25 PM
ROBERT WHICKER, Consortium for Digital Learning, Alaska
Association of School Boards (AASB), Eloy, Arizona, offered to
answer questions about SB 100's personalized learning
opportunity grant. He addressed local choice of vendor in the
Alaska 1:1 Digital Learning Initiative. Vendors need to provide
a device that is full-featured, has storage, and can provide
creativity, but not limited to specific size or details. This
would allow multiple vendors to participate and provide
professional development and technical services.
CHAIR STEVENS asked how vendors would be chosen.
MR. WHICKER said the 1:1 Initiative is meant for the regular
teacher to integrate technology within the classroom. The
district would choose the vendors for hardware, professional
development and technical services. The curriculum would also be
determined by the district, the school, and the teacher in the
classroom.
3:57:07 PM
ANGELA WASHINGTON, Board of Directors, Alaska State Board of
Education, Kotzebue, Alaska, testified in support of SB 100. She
stressed how important this bill is to students, especially in
rural areas. Teachers will have the ability to use technology
throughout the curriculum, such as in a science lab.
MICHELLE HAND, representing herself, Palmer, Alaska, testified
in support of SB 100. She spoke in favor of the flexibility of
using allotment funds and choosing vendors, which would provide
for making long-term ILP's. She gave an example of planning a
curriculum that would include welding, a science lab, and music
lessons. She shared that she is a home school mom.
CHAIR STEVENS thanked Ms. Hand.
4:01:03 PM
PETER HOEPFNER, President, Cordova School Board, Cordova School
District, testified in support of SB 100. He spoke also as a
parent and shared his experience with home school programs and
technology. He said students who travel have been able to keep
up with coursework due to technology. He stressed the importance
of technology and the 1:1 initiative.
4:03:36 PM
STEVE BRADSHAW, Superintendent, Sitka School District, Sitka,
Alaska, testified in support of SB 100. He said the Sitka School
Board stands in support of the bill. The district is looking
forward to the opportunity to receive a 1:1 grant.
SENATOR DUNLEAVY said SB 100 is a bill that attempts to
incentivize and support individualized learning approaches. It
recognizes a variety of correspondence school models. The bill
will engage many more students and parents at a lower cost.
4:05:27 PM
CHAIR STEVENS held SB 100 in committee. Public testimony was
open.
4:05:33 PM
There being nothing further to come before the committee,
Senator Stevens adjourned the Senate Education Standing
Committee at 4:05 p.m.