04/21/2021 09:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB94 | |
| SB34 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 10 | TELECONFERENCED | |
| *+ | SB 34 | TELECONFERENCED | |
| += | SB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
April 21, 2021
9:05 a.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Gary Stevens, Vice Chair
Senator Shelley Hughes
Senator Peter Micciche
MEMBERS ABSENT
Senator Tom Begich
COMMITTEE CALENDAR
SENATE BILL NO. 94
"An Act relating to the education loan program and Alaska
supplemental education loan program; and providing for an
effective date."
- MOVED CSSB 94(EDC) OUT OF COMMITTEE
SENATE BILL NO. 34
"An Act providing for the establishment of public schools
through state-tribal compacts."
- HEARD & HELD
SENATE JOINT RESOLUTION NO. 10
Proposing an amendment to the Constitution of the State of
Alaska relating to in-person public education.
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 94
SHORT TITLE: EDUCATION & SUPPLEMENTAL LOAN PROGRAMS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/24/21 (S) READ THE FIRST TIME - REFERRALS
02/24/21 (S) EDC, FIN
03/03/21 (S) EDC WAIVED PUBLIC HEARING NOTICE,RULE
23
03/05/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/05/21 (S) Heard & Held
03/05/21 (S) MINUTE(EDC)
04/19/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/19/21 (S) Heard & Held
04/19/21 (S) MINUTE(EDC)
04/21/21 (S) EDC AT 9:00 AM BUTROVICH 205
BILL: SB 34
SHORT TITLE: STATE-TRIBAL EDUCATION COMPACT SCHOOLS
SPONSOR(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
WITNESS REGISTER
CHAD HUTCHINSON, Director of State Relations
University of Alaska
Anchorage, Alaska
POSITION STATEMENT: Presented SB 94 on behalf of the University
of Alaska.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 34
on behalf of the sponsor.
NATASHA SINGH, General Counsel
Tanana Chief's Conference (TCC)
Fairbanks, Alaska
POSITION STATEMENT: Provided invited testimony on SB 34.
RICHARD PETERSON (Chalyee ?esh); President
Central Council
Tlingit and Haida Indian Tribes of Alaska
Juneau, Alaska
POSITION STATEMENT: Provided invited testimony on SB 34.
ELIZABETH MEDICINE-CROW, President;
Chief Executive Officer (CEO)
First Alaskans Institute
Kake, Alaska
POSITION STATEMENT: Provided invited testimony on SB 34.
MICHAEL JOHNSON, Ph.D., Commissioner
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Provided invited testimony on SB 34.
ACTION NARRATIVE
9:05:05 AM
CHAIR ROGER HOLLAND called the Senate Education Standing
Committee meeting to order at 9:05 a.m. Present at the call to
order were Senators Hughes, Stevens, Micciche, and Chair
Holland.
SB 94-EDUCATION & SUPPLEMENTAL LOAN PROGRAMS
9:05:40 AM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 94
"An Act relating to the education loan program and Alaska
supplemental education loan program; and providing for an
effective date."
[SB 94 was previously heard on 3/5/21 and 4/19/21.]
9:05:52 AM
CHAIR HOLLAND opened public testimony on SB 94.
9:06:12 AM
CHAD HUTCHINSON, Director of State Relations, University of
Alaska, Anchorage, Alaska, presented SB 94 on behalf of the
administration. He stated that the University of Alaska (UA)
supports SB 94. UA believes it is wise for the Alaska Student
Loan Corporation (ASLC) to have flexibility in determining loan
amounts for eligible borrowers. SB 94 will also allow borrowers
more opportunities to finance their loans. Further, this bill
aligns with UA President Pitney's vision to boost enrollment and
reduce the university's dependency on state funding moving
forward. He characterized it as a win-win for all parties.
9:07:15 AM
CHAIR HOLLAND, after first determining no one wished to testify,
closed public testimony on SB 94.
9:07:32 AM
CHAIR HOLLAND solicited amendments to SB 94.
9:07:38 AM
SENATOR HUGHES moved to adopt Amendment 1, [work order 32-
GS1644\A.1].
AMENDMENT 1
32-GS1644\A.1
Klein
4/20/21
OFFERED IN THE SENATE BY SENATOR HUGHES
TO: SB 94
Page 3, following line 9:
Insert a new bill section to read:
"* Sec. 6. AS 14.43 is amended by adding a new
section to read:
Sec. 14.43.940. Economies of scale. When
administering the education loan program under
AS 14.43.091 - 14.43.160 and the Alaska
supplemental education loan program under
AS 14.43.170 - 14.43.175, the commission shall
attempt to achieve economies of scale."
Renumber the following bill section accordingly.
9:07:43 AM
CHAIR HOLLAND objected for discussion purposes.
9:07:47 AM
SENATOR HUGHES explained that Amendment 1 makes it clear that
the goal of the loan program expansion is to achieve economies
of scale. During the first hearing on SB 94, members expressed
concern about extending eligibility to students who were not
currently Alaska residents. She said at the 4/19/21 hearing and
through conversations with Ms. Efird, it became clear that this
will help Alaska residents because expanding the pool achieves
economies of scale that can help keep rates lower. It will also
help boost ASLC's revenues, she said. She acknowledged that she
would prefer that the Amendment 1 language was crafted
differently but there was limited time to work on it.
CHAIR HOLLAND noted that his office had not received the
amendments from Legislative Legal Services in time to post them
to BASIS prior to this meeting.
9:09:10 AM
SENATOR MICCICHE asked what Amendment 1 will accomplish except
to clarify the reason for the bill.
SENATOR HUGHES answered that it also would help keep the
commission mindful of what is beneficial to Alaskan students.
SENATOR STEVENS offered his understanding that the overall
effect of having more students in the loan program would be to
lower student loan rates.
SENATOR HUGHES deferred to Ms. Efird, but offered her belief
that the primary reason was to ensure that revenue flows through
the ASLC to help Alaskan students.
9:10:46 AM
CHAIR HOLLAND related his understanding that the state does not
want to increase the state's expenses to expand the loan program
but SB 94 would achieve the goal of making the program more
economical.
SENATOR HUGHES agreed. She pointed out that due to the high
credit score requirement for this program, it would not put the
state at risk but could expand the pool.
9:11:27 AM
CHAIR HOLLAND removed his objection. There being no further
objection Amendment 1 was adopted.
9:11:39 AM
SENATOR HUGHES moved to adopt Amendment 2, [work order 32-
GS1644\A.2]:
AMENDMENT 2
32-GS1644\A.2
Klein
4/20/21
OFFERED IN THE SENATE BY SENATOR HUGHES
TO: SB 94
Page 3, following line 9:
Insert a new bill section to read:
"* Sec. 6. AS 14.43 is amended by adding a new
section to read:
Sec. 14.43.940. Report to the legislature. Not
later than December 31 of each year, the commission
shall submit to the legislature a report evaluating
the benefit provided to Alaska students by the
education loan program under AS 14.43.091 - 14.43.160
and the Alaska supplemental education loan program
under AS 14.43.170 - 14.43.175. The commission shall
deliver the report to the senate secretary and the
chief clerk of the house of representatives and notify
the legislature that the report is available."
Renumber the following bill section accordingly.
9:11:44 AM
CHAIR HOLLAND objected for discussion purposes.
9:11:48 AM
SENATOR HUGHES explained that Amendment 2 was developed as a
result of the last hearing and in conversations with Ms. Efird.
She explained that it is similar to Amendment 1 such that it
would help ensure benefits go to Alaska students. It would
require ASLC to evaluate and report benefits to the legislature.
This essentially will trigger an annual review which Ms. Efird
indicated was likely to happen.
9:12:31 AM
CHAIR HOLLAND removed his objection. There being no further
objection, Amendment 2 was adopted.
9:12:47 AM
CHAIR HOLLAND asked for the will of the committee.
9:12:55 AM
SENATOR STEVENS moved to report SB 94, work order 32-GS1644\A as
amended, from committee with individual recommendations and
attached fiscal note(s).
CHAIR HOLLAND found no objection and CSSB 94(EDC) was reported
from the Senate Education Standing Committee.
9:13:39 AM
At ease
SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
9:16:26 AM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 34 "An Act providing for the
establishment of public schools through state-tribal compacts."
9:16:41 AM
SENATOR STEVENS, sponsor of SB 34, stated this bill resulted
from several Alaska Education Challenge meetings several years
ago that highlighted the need to find a solution to the state's
tribal education compacting. The Alaska Native Studies Council
[Proceedings from the Alaska Native Studies Conference] April 4-
6, 2013, report in members' packets provides background for the
issue. It shows that the high school dropout rate for village
Native students is much higher than for other students in
Alaska.
9:18:08 AM
SENATOR STEVENS explained that education compacting is a
complicated process that will allow tribal entities to formally
enter into an agreement with the state that recognizes tribal
authority to operate and oversee K-12 schools. These State-
Tribal Education Compact (STEC) schools are public schools that
will be open to all students but would offer culturally rich and
millennia-old tribal educational models. This bill would set up
a process for Alaska tribes to contract directly with the
commissioner of the Department of Education and Early
Development (DEED) to allow them control over their schools.
This direct relationship would allow tribes to leverage funds
that previously were paid to the school districts for
educational enrichment to directly benefit Native students. The
benefits of tribal compact schools include curriculum changes to
emphasize the history of indigenous people, including culture
and language. It could also provide a more intimate community
experience for Native students.
9:19:33 AM
SENATOR STEVENS pointed out that tribal education compacting
appears to be successful in the State of Washington since more
Native students are graduating from high school. Thus, dropout
rates are lower, he said.
9:20:03 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 34. He stated the bill is modeled after the state
boarding school statutes in AS 14. He reviewed the sectional
analysis for SB 34, which read:
Sec. 1: AS 14.07.165(a) relating to the duties of the
State Board of Education, is amended to include the
Board adopting regulations associated with state-
tribal compact schools.
Sec. 2: AS 14.16.300, is established, State-Tribal
Education Compact Schools (STEC).
(a) The Commissioner of Education may enter into
compacts with federally recognized tribes (FRT),
through an application process.
(b) The application process must include a
resolution passed by the locally governing board
of a FRT and include provisions for specific
grade levels to be taught, compliance, dispute
resolution, recordkeeping and similar standard
terms of contracting.
AS 14.16.310: Specifies that a STEC school will be
considered a school district (SD) and must follow
existing statutory requirements as other SD's do
for:
1. District Operations:
(a) defining the school term, days in session,
and school holidays School terms, days in
session;
(b) miscellaneous provisions for SD's;
(c) follow state board regulations, unless the
board specifically exempts STECs from a
regulation;
(d) authorizing school districts to establish and
participate in the services of a regional
resource center;
(e) requiring an annual audit;
(f) authorizing cooperation with other school
districts;
(g) prohibits employment of a relative of the
chief school administrator;
(h) prohibits discrimination based on sex or race
in public education.
MR. LAMKIN continued to review the sectional analysis for SB 34,
which read:
2. Public School Funding and receipt and expenditure
of that funding:
(a) relating to student count estimates;
(b) relating to school operating fund balances;
(c) setting out the procedure for payment of
public school funding and imposing general
requirements and limits on money paid.
3. Teacher employment and retirement
(a) relating to sick leave;
(b) relating to the employment and tenure of
teachers;
(c) relating to the salaries of teachers;
(d) relating to sabbatical leave provisions for
teachers;
(e) authorizing collective bargaining by
certificated employees, except with regard to
teachers who are administrators and except that
the board may delegate some or all of its
responsibilities under those statutes;
(f) regarding the teachers' retirement system.
4. Students and educational programs
(a) relating to educational services for children
with disabilities;
(b) establishing health education program
standards;
(c) relating to bilingual and bicultural
education.
9:23:46 AM
AS 14.16.320 specifies that a STEC school may not
charge tuition, with some exceptions for over school
age persons and extracurricular activities, and that
school admissions may not discriminate against race,
school age, or grade level. If a STEC school has
applicants that exceed their capacity, they may
prioritize enrollment of tribal members;
AS 14.16.330 establishes financial provisions for STEC
schools consistent with existing foundation formula
funding for a school district and for purposes of
applying for federal funding AS 14.16.340 regards
employees of the STEC as being state employees and
provides for employment preferences for those who are
member of a FRT.
Sec. 3: AS 14.17.300(a), relating to the public
education fund, is amended to allow for appropriations
to be made to STEC schools.
Sec. 4 AS 14.17.400(b) in the instance of a shortage
of funds for public education, the department of
education is directed reduce school district funding
on a pro rata basis, amended to include a similar pro
rata reduction for STEC schools.
9:25:17 AM
MR. LAMKIN continued to review the sectional analysis for SB 34,
which read:
Sec. 5: 14.17.445 adds a new subsection to include
funding for STEC schools inside the foundation formula
for purposes of calculating its basic need
Sec. 6: 14.18.110(b) relating to anti-discrimination
laws, adds a new subsection to allow, in the event a
STEC school has applicants in excess of its capacity,
to prioritize employment and student enrollment
firstly to members of the FRT under the compact.
Sec. 7: 14.30.010(b), relating to compulsory school-
age attendance, and which has a number of exemptions
from compulsory attendance, is amended to include an
exemption for student enrolled in a STEC school.
Sec. 8: 14.30.186(a), relating to special education
services, is amended to include STEC schools being
required to provide such services to for children with
disabilities enrolled in the STEC school.
Sec. 9-12: AS 14.30.350(8), 14.43.849(5),
14.43.915(f)(2), AS 21.96.070(g)(1), are conforming
definition references, being amended to include STEC
schools as being considered a "school district."
Sec. 13-14: AS 23.40.200(c), relating to provisions
under which a union may strike, is amended to include
a STEC school.
Sec. 15: AS 39.35.160(c), relating to the retirement
system, is a conforming amendment to include both the
employees of a STEC school, and the STEC school as the
employer, being required to contribute to the
retirement system.
Sec. 16: AS 39.35.160(d), relating to the retirement
system, is a conforming amendment to include a STEC
employer paying a member's PERS contribution in the
event the member is assaulted while on the job and
subsequently on unpaid leave.
9:27:43 AM
MR. LAMKIN continued reviewing the sectional analysis for SB 34,
which read:
Sec. 17-19: AS 39.35.300(c), AS 39.35.310(c), and AS
39.35.330(d), relating to the retirement system, are
conforming amendments to include STEC school employees
as state employees and contributing time served under
the retirement program.
Sec. 20-21: AS 43.20.014(g)(3) and AS 47.07.063(D)(3),
relating to Medicaid eligibility and education tax
credits, are conforming definition references, being
amended to include STEC schools as being considered a
"school district."
Sec. 22: Gives regulatory authority to the Dept. of
Education and Early Development (DEED) to help
implement the STEC program, and includes transition
language to give DEED one year to implement following
its enactment.
9:28:37 AM
CHAIR HOLLAND turned to invited testimony.
9:29:16 AM
NATASHA SINGH, General Counsel, Tanana Chief's Conference (TCC),
Fairbanks, Alaska, stated that TCC is a tribal health and social
services consortium that provides services to Alaskans living in
Interior villages and tribal members living in Fairbanks. TCC is
one of 25 cosigners of the Alaska Tribal Health Compact (ATHC)
with the Indian Health Service, which she characterized as one
of the most successful compacts in the history of the Indian
Self Determination Act.
MS. SINGH said Alaska, the nation and the world learned how
effective TCC's health delivery system is due to the efficiency
in distributing COVID-19 vaccines to Alaskans. ATHC is the most
successful compact because it is reversing severe health
disparities for Alaska Natives in the most remote areas of the
country even though it faces significant underfunding by
Congress. The Alaska Tribal Health System (ATHS) is made
possible because of ATHC, which is a legal agreement between the
federal government and the Alaska Tribal health entities and
tribal nations.
9:30:59 AM
MS. SINGH highlighted that tribal leaders are planners,
strategists, decision makers, and implementers of Native
healthcare. Prior to the compact, the chronic underfunding,
remote nature of villages and the absence of locally-driven
decision making resulted in a lack of quality provided by the
Indian Health Service (IHS). Lower 48 tribes were experiencing
similar outcomes from IHS. In 1988 Congress passed the Indian
Self Determination Act education amendment. The original act
provided the necessary authority for tribes to enter into
agreements to carry out the responsibilities of the federal
government. The 1988 amendment addressed the inflexible
bureaucracy and federal inefficiencies by increasing the tribes'
ability to redesign and tailor services to the specific needs of
their communities. The takeaway is that agencies and
bureaucracies resist implementing compacts despite proven
success, she said. Thus, tribes continue to need federal
legislative support to fully implement the intent of self-
determination.
MS. SINGH said soon after the federal amendment passed, Alaska
was offered a chance to participate in an IHS demonstration
project. Alaskan tribes and health entities quickly joined
together to create a multi-party compact. This had never been
done before with IHS but with the support of the Alaska IHS
office and the determination of tribal leaders, Alaska Tribal
Health Compact (ATHC) was created.
9:33:06 AM
MS. SINGH said the true beauty of health compacting is that
tribal leaders have the full authority to determine the best way
to address Native health needs. She said ATHC is accountable to
the people. Through the compact, Alaska Natives own their own
health care information and can change their practices or
redesign program service functions, services and activities to
meet regional needs. When a program is not properly funded, ATHC
has the flexibility to reallocate funds as needed. The compact
can cobble together funding streams to deliver services
efficiently and effectively.
MS. SINGH highlighted that the health compact comes with strings
attached. Cosigners are obligated to provide to the Health and
Human Services (HHS) National Audit Review Center an annual
single organization-wide audit as prescribed by the Single Audit
Act Amendments of 1996 (Single Audit Act). A copy is sent to the
IHS and Federal Audit Clearinghouse. Each year the secretary of
HHS submits a report to the U.S. Senate Committee of Indian
Affairs and the U.S. House Resources Committee detailing the
level of need presently underfunded. The TCC and its Board of
Directors are well versed in the audit process and take pride in
the lack of adverse findings. TCC's robust accounting division
includes an internal auditor to make sure federal funds are
properly spent.
9:34:52 AM
MS. SINGH stated that the compact has 25 diverse cosigners,
ranging from small villages with less than 50 members to the
Alaska Tribal Health Consortium serving the entire state.
Financially, the cosigners range from a small community health
program under $60,000 per year to a large statewide medical
center with over 2,000 employees and a budget over $400 million
per year. Together, the cosigners, IHS, and other partners make
up the Alaska Tribal Health System (ATHS). The system is rooted
in community and tribally driven, she said. The health care
compact provides services to community clinics, subregional
clinics and regional services. This system is interconnected
through the system's sophisticated patterns of referrals and
TCC's primary and common mission, which is to improve the health
status of Alaska Native people. This includes a coordination of
care from local health clinics to subregional and regional
facilities, which can also be referred to the Alaska Native
Medical Center (ANMC) in Anchorage.
MS. SINGH said as a cosigner, TCC relies on the common ATHC
perpetual agreement that sets the general terms of the nation-
to-nation relationship between the U.S. and Alaska tribes as it
relates to the implementation of health care services. All
cosigners fall under one health compact. The compact speaks with
one voice during negotiations. In order to do this, all final
common decisions affecting the compact must be made through the
consensus process with tribal representatives of the cosigners.
MS. SINGH stated that once the cosigners agree, TCC has a strict
protocol of negotiation rules, which govern the annual
negotiation process between the IHS and cosigners. The
negotiations are built on a foundation of faith, trust and
government-to-government relationships. Shared goals of TCC's
negotiations include holding productive negotiations, by being
prepared and sharing information early and often, executing
agreements as quickly as possible and committing to being
prepared for negotiations. These rules seek to ensure that the
parties stay transparent and honest with one another. Doing
otherwise does not result in better health outcomes for the
Native people, she said. The continued relationship between the
parties is just as important as the final outcome of the
negotiations. Because of the compact and the system's success,
TCC is literally changing the smiles of children in rural
Alaska. The Dental Therapy Educational Program has allowed some
children in rural Alaska to be cavity free.
9:38:10 AM
MS. SINGH reported that the Alaska Tribal Health System (ATHS)
generates 18,000 jobs for Alaskans and contributes a total
economic output of $2.4 billion in the state. Due to its service
population and statewide reach, the system represents a large
part of Alaska's economy. In 2017 the system represented five
percent of the entire Alaska economy. She reported that the
system comprises a larger sector of the state economy than the
retail trade, the construction industry, the professional
business and technical services sector, all arts and
entertainment, manufacturing, information sector, utilities and
agriculture forestry sectors combined. As a vital part of the
Alaska public health system, ATHS has served as a pillar for the
state's economy and as a partner with the State of Alaska. That
partnership generates a net economy for the state and results in
massive savings for the state budget in the form of Medicaid
federal offsets. In closing, she stated that tribes across the
nation are reversing health care disparities.
9:40:00 AM
CHAIR HOLLAND said he hoped the school compact would be as
successful as the Alaska Tribal Health Compact (ATHC).
9:40:14 AM
SENATOR MICCICHE asked Ms. Singh to forward the figures she
referenced that highlight the benefits to Alaska's economy.
MS. SINGH agreed to do so. She identified the Alaska Native
Health Board as the advocacy arm of the system. She stated that
ANHB compiled an economic study several years ago that she
offered to provide to the committee.
9:41:16 AM
SENATOR STEVENS expressed appreciation for the information on
the health compact but advised Ms. Singh that SB 34 relates to
tribal compacting of education. He asked whether she could
provide any information related to an education compact.
9:41:40 AM
MS. SINGH responded that her testimony on the health compact was
intended to illustrate the model for what could be done. TCC
supports compacting education for tribes. She offered her belief
that legislation is necessary to push the administration to
continue to support self-determination and locally-driven
decisions for tribes. First, the legislature could recognize
tribes, which has not yet been done. Second, tribes are
political entities that act as the third sovereign in the state,
which makes compacting education different from establishing
charter schools or other entities.
MS. SINGH said TCC supports SB 34 because tribes should be given
authority to address their educational needs. Tribal entities
are familiar with the reasons that tribal members do not
graduate at better rates and why tribal members sometimes have
issues within the school system. Tribal compacting for the
delivery of education provides authority at the local level to
improve the school system. She related that Representative
Cronk, an educator from the TCC's region in Tok and Northway,
stated in a House committee earlier this session that graduation
rates for Native students in his district were good. TCC's
responded that it was unlikely that tribes would want to
establish compacts in schools that are successful but some
tribes in Alaska will want STEC schools. She pointed out that
the federal demonstration projects were successful because they
started out small. She said if SB 34 were to pass, she did not
anticipate that all tribes would immediately seek to establish
STECs. Instead, she envisioned that education compacting would
be a slow process with a few tribes entering into compacts and
other tribes could follow. TCC would like to apply the lessons
learned in federal [compacting for health care in Alaska] to
potentially adopt tribal compacting of education.
9:45:22 AM
SENATOR STEVENS agreed that it would likely be a slow process
since state-tribal compacting for education is complex. He
acknowledged that the process would not be appropriate for all
tribal entities. However, he did not believe that tribal
compacting for education would be limited to remote communities.
He envisioned that Native students in Anchorage or Fairbanks may
want to learn the languages of their ancestors and achieve an
education that fits with their family values.
9:46:13 AM
SENATOR HUGHES said she appreciated the analogy and description
of tribal health since it has been very successful. She
attributed its success in part to innovation and flexibility.
She pointed out that tribal entities are not required to adhere
to state restrictions. For example, the federal model allows for
the health aide and dental health therapist models, which are
not allowed under state law. She said if Alaska decides to have
STEC schools, the state will want them to meet or exceed the
standards required for all public schools in Alaska. It is
possible that the innovation and flexibility TCC achieved in
health care might be more restrictive in education, she said.
SENATOR HUGHES stated that she was exposed to the tribal health
model during the period when her husband supervised health aides
in 50 villages. He was the medical director of TCC when the
council operated the clinic at Fort Yukon. Her husband worked to
implement the medical home model, which looked at dental,
medical and behavioral health. She characterized it as a very
successful effort in part because TCC had the freedom to do
things not allowed under state law. She said she would be open
to this concept if it is innovative and will improve academic
output and work for students.
9:48:20 AM
SENATOR HUGHES recalled years ago when her family lived in rural
Alaska, the tribal clinics did not accept non-Native patients.
That meant her family needed to fly to Anchorage or Fairbanks
for medical treatment. Subsequently, tribal clinics incorporated
the health center model. In order to receive funding, the
clinics had to accept all patients. She expressed concern that
this bill establishes a preference for Alaska Native teachers
and students. If the capacity was not large enough to include
all students, the school could be limited to Alaska Native
students. She said she hopes the goal would be for the schools
to accept all students, just as the health center model accepts
all patients. She wondered if this would create any
constitutional issues. She offered support for the concept of
tribes taking ownership and responsibility for communities as
well as the innovative and flexible aspects of the proposed
STECs.
9:51:16 AM
RICHARD PETERSON, (Chalyee ?esh), President, Central Council of
Tlingit and Haida Indian Tribes of Alaska, Juneau, Alaska, began
his comments by recognizing the traditional Native lands where
the Capitol is located and by giving thanks "Gunalch?esh." He
said he echoes Ms. Singh's comments.
MR. PETERSON stated that Tlingit and Haida Indian Tribes of
Alaska (Tlingit and Haida) is the largest tribe in Alaska with
just under 33,000 tribal citizens enrolled in Alaska. Tlingit
and Haida is a member of the Alaska Regional Coalition, a
consortium of four Native regional tribal non-profits
representing 65,000 Alaskans ranging from Ketchikan to Kotzebue.
Collectively, the coalition represents 100 rural communities and
provides services to everyone in the communities.
MR. PETERSON stated that compacts are government-to-government
agreements that administer programs. The U.S. Supreme Court has
recognized the inherent authority of tribes to serve their
citizens. Tlingit and Haida already executes federal compacts at
the Bureau of Indian affairs (BIA) on behalf of several
communities in Southeast Alaska. It currently administers
sophisticated programs for employment and training, natural
resources, childcare and economic development. Tlingit and Haida
is proud to have signed on to the historical Tribal Child
Welfare Compact between the State of Alaska and tribes in 2017.
MR. PETERSON said it is important to note that Tlingit and Haida
already delivers early care and learning services through the
Head Start program. Although Head Start is not delivered through
compacting, this educational program is offered in coordination
with the state and federal government. This could serve as a
model for a partnership to provide educational services to
Native and non-Native students. The state supports local control
in many ways including for education. He offered his belief that
tribal compacting is the epitome of local control. Tribal
contacting has the potential to enhance delivery for education.
Ms. Singh outlined the Alaska Tribal Health Compact delivery
system that demonstrates tribal experience and expertise. The
tribes could expand on this by delivering education via STECs.
As with so many other programs, the details will determine
educational compacting's success. Currently, approximately 18
percent of Alaska's children are Alaska Native. No one is more
vested in the success of Alaska Native students than Tlingit and
Haida, he said. Tlingit and Haida stands ready to partner with
the state to design systems to improve educational outcomes for
all children in Alaska, which could be done by using STECs.
9:55:25 AM
At ease
9:56:03 AM
CHAIR HOLLAND reconvened the meeting.
9:56:23 AM
ELIZABETH MEDICINE-CROW, President and Chief Executive Officer
(CEO), First Alaskans Institute, Kake, Alaska, began by saying
"Gunalch?esh." Ms. Singh and Mr. Peterson have deep knowledge
about how compacting works, she said. She offered support for
compacting public education in Alaska. She offered her belief
that First Alaskans can help address some provisions in the
bill. She highlighted her perspective on what might be possible.
MS. MEDICINE-CROW stated that she served on the Tribal and
Community Ownership Committee as part of Alaska Education
Challenge. Commissioner Johnson tasked the committee to identify
three innovative ideas for transforming Alaska's schools. The
committee came up with one innovative idea that members felt was
included in State-Tribal Education Compacting (STEC). The
committee found that other innovative ideas the committee
discussed, such as improved student success and values were
addressed through STEC government-to-government relationships.
The State Board of Education and Commissioner Johnson supported
their work and included their recommendations in their report.
MS. MEDICINE-CROW acknowledged the importance of using a
thoughtful, trusting, state-tribal government negotiation
process to establish authority and develop an educational system
that has continued to fail Alaska Native students. The goal
should be to develop a system that serves all students in
Alaska.
10:01:22 AM
MS. MEDICINE-CROW offered her belief that tribal partners are
equipped to determine how STEC schools should operate, including
making hiring decisions, developing curriculum, and determining
the values the school will impart. STEC provides an opportunity
to change the paradigm of schools from one that fails students
to one that nourishes them. She stated that tribal communities
help one another, address issues, and create intergenerational
opportunities to share and strengthen members' knowledge and
abilities to achieve success despite enormous challenges. She
said it is essential for SB 34 to merge the power and authority
inherent in tribal government with the power and authority of
state government to amplify the outcome of educational
compacting. She cautioned against holding tribes to the current
structure and state standards because it won't change student
outcomes. Instead, she viewed compacting as an agent for change.
She said she welcomes fleshing out the compacting process. She
recalled that Mr. Lamkin indicated SB 34 was modeled after the
state boarding school and charter school statutes. While this
provides a good starting point, those models are completely
different from compacting, she said. She stated that she
welcomes holding robust discussions on the bill.
10:04:06 AM
CHAIR HOLLAND directed attention to language in the bill that
spoke to cooperation with school districts regarding district
operations. He asked whether there would be any coordination
with the Department of Education and Early Development (DEED) or
school districts. He wondered whether a compact school could put
a local school at risk.
MR. LAMKIN answered that the key words are negotiation, trust,
transparency, partnership and in particular, considering the
success of healthcare compacting being applied to education
compacting. He suggested that coordinating with school districts
was in the spirit of partnership for sharing curriculum and
maintenance. He stated that those things would be jointly
negotiated. He pointed out two Memorandums of Understanding
(MOUs) exist for TCC and the Knik Tribe Council related to
education.
CHAIR HOLLAND acknowledged that the bill used the charter school
model so some things may already be addressed.
10:06:39 AM
MICHAEL JOHNSON, Ph.D., Commissioner, Department of Education
and Early Development (DEED), Juneau, Alaska, highlighted that
tribal compacting is one of the State Board of Education
priorities. He provided three reasons to pursue STEC schools.
First, the current results demand it, he said. The achievement
gap in Alaska is tragic and ongoing. Far too many students find
themselves on the wrong side of the achievement gap. The state
cannot continue to hold on to the current education system. The
state needs to be bold. Government-to-government compacting
agreements providing excellent education is sorely needed.
DR. JOHNSON continued with the second point, that the character
and conscience of Alaskans demands it. The public education
system began without the proper understanding, respect and
vision for Alaska Native students. Thus, the educational system
in Alaska has not had a positive impact on Alaska Native
languages and culture. The state must demonstrate its respect
for Alaska Native values and language by entering into compacts
so students can restore and revitalize what has been diminished
by ineffective education outcomes.
DR. JOHNSON said the third point is that the pandemic has given
the state proof that this is an appropriate path forward. He
predicted that when the history of the pandemic is written,
tribes will get credit for the care given to all Alaskans. Many
schools remained open all year because of tribal health. Many
Native and non-Native teachers, students and their families were
treated and vaccinated through tribal health. Tribes have proven
that when the state lets go of its systems and coordinates with
tribal government, good things can happen for all Alaskans, he
said.
10:10:03 AM
SENATOR STEVENS remarked that Commissioner Johnson has a
tremendous vision for Alaska education. He agreed that being
bold is key. Even with all the studies the committee has seen,
things have not improved in smaller villages in terms of
graduation rates. The commissioner hit on the important issue,
which is to take action. He acknowledged that it may not work.
However, there is a chance compacting will work since it has
worked in health delivery. According to SB 34, the tribal
schools would fall in their own school district and report to
the commissioner just as all districts do. He recalled that
Senator Hughes commented on the importance of serving all people
in small communities. Chair Holland raised the question whether
a local school might close due to a tribal school being built in
the area. He asked Commissioner Johnson to comment.
10:11:53 AM
COMMISSIONER JOHNSON informed members that STEC will be open to
all students just as tribal health entities served all Alaskans
during the pandemic. He advised members that effective schools
do not put other schools at risk. Instead, ineffective schools
put other schools at risk, he said. He noted that he is
confident that tribal compacted schools will improve student
outcomes.
10:12:40 AM
SENATOR HUGHES remarked that ineffective schools put students at
risk. She asked whether there were any requirements currently
imposed on schools that STEC schools would not have to meet.
COMMISSIONER JOHNSON replied that it would depend on the
legislation. The state and tribal entities must work together to
determine requirements or guardrails, which will dictate
provisions for STECs. He highlighted some things to consider,
such as hiring more indigenous teachers. The compacting process
will consider if its teachers would be subject to the same
training or if they will adhere to another process, curriculum
or assessment. These issues must be addressed before he could
fully answer her question.
10:14:36 AM
SENATOR HUGHES acknowledged that dental health therapists and
the health aide model do not abide by state law but have been
very successful for tribal health. She asked whether he
envisioned the possibility of developing similar innovative and
flexible options that are not currently permissible under state
law. She acknowledged that the types of certifications needed in
villages might be different.
10:15:20 AM
COMMISSINER JOHNSON emphasized that the state needs to let go of
some of these things. He offered his view that there are great
opportunities and justification for exploring and pushing the
edge of those types of requirements.
10:15:50 AM
CHAIR HOLLAND held SB 34 in committee.
10:16:09 AM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Education Standing Committee
at 10:16 a.m.