03/13/2023 03:30 PM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB13 | |
| Presentation Constitutional Requirements and Legal Precedents for Public Education Funding in Alaska | |
| Presentation Pupil Transportation Program | |
| SB52 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 13 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 52 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
March 13, 2023
3:33 p.m.
MEMBERS PRESENT
Senator Löki Tobin, Chair
Senator Gary Stevens, Vice Chair
Senator Jesse Bjorkman
Senator Jesse Kiehl
Senator Elvi Gray-Jackson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 13
"An Act relating to costs of and charges for textbooks and other
course materials required for University of Alaska courses; and
providing for an effective date."
- HEARD & HELD
PRESENTATION CONSTITUTIONAL REQUIREMENTS AND LEGAL PRECEDENTS
FOR PUBLIC EDUCATION FUNDING IN ALASKA
- HEARD
PRESENTATION PUPIL TRANSPORTATION PROGRAM
- HEARD
SENATE BILL NO. 52
"An Act relating to education; increasing the base student
allocation; and providing for an effective date."
- MOVED CSSB 52(EDC) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 13
SHORT TITLE: UNIVERSITY: TEXTBOOKS/MATERIALS COST
SPONSOR(s): SENATOR(s) MYERS
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) EDC
03/13/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 52
SHORT TITLE: INCREASE BASE STUDENT ALLOCATION
SPONSOR(s): EDUCATION
02/01/23 (S) READ THE FIRST TIME - REFERRALS
02/01/23 (S) EDC, FIN
02/01/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
02/01/23 (S) Bills Previously Heard/Scheduled
02/03/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
02/03/23 (S) -- MEETING CANCELED --
02/08/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
02/08/23 (S) Heard & Held
02/08/23 (S) MINUTE(EDC)
02/10/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
02/10/23 (S) Scheduled but Not Heard
03/08/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
03/08/23 (S) Heard & Held
03/08/23 (S) MINUTE(EDC)
3/13/23 (S) MOVED OUT OF COMMITTEE
WITNESS REGISTER
SENATOR ROBERT MYERS, District Q
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 13 as the sponsor of the bill.
DAWSON MANN, Staff
Senator Robert Myers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the sectional analysis for SB 13.
DENISE RUNGE, Provost
University of Alaska Anchorage
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 13.
PAUL LAYER, Vice President
Academics, Students & Research
University of Alaska Anchorage
Anchorage, Alaska
POSITION STATEMENT: Answered questions on SB 13.
HOWARD TRICKEY, Attorney
Schwabe, Williamson & Wyatt
Anchorage, Alaska
POSITION STATEMENT: Provided a presentation on the
constitutional requirements and legal precedents for public
education funding in Alaska.
ELWIN BLACKWELL, School Finance Manager
Department of Education and Early Development (DEED)
Juneau, Alaska
POSITION STATEMENT: Provided a presentation on the Pupil
Transportation Program.
ACTION NARRATIVE
3:33:06 PM
CHAIR LÖKI TOBIN called the Senate Education Standing Committee
meeting to order at 3:33 p.m. Present at the call to order were
Senators Gray-Jackson, Bjorkman, Stevens, and Chair Tobin.
Senator Kiehl arrived thereafter.
SB 13-UNIVERSITY: TEXTBOOKS/MATERIALS COST
3:33:51 PM
CHAIR TOBIN announced the consideration of SENATE BILL NO. 13
"An Act relating to costs of and charges for textbooks and other
course materials required for University of Alaska courses; and
providing for an effective date."
3:34:52 PM
SENATOR ROBERT MYERS, District Q, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 13, introduced the bill speaking
to the following sponsor statement:
[Original punctuation provided.]
For decades a major roadblock to the acquisition of
higher education in this country has been costs.
Students in Alaska and throughout the United States
often find themselves in difficult situations
attempting to balance the various costs of higher
education such a tuition, room and board, and course
materials. For many students cost of material can be a
deciding factor in the decision to take a course due
to the sometimes-exorbitant prices of required course
materials. Students often find themselves as consumers
subject to a captive market that has experienced a
colossal growth in price over the last several
decades. The costly and unique nature of the textbook
and course material market has led to many students
being forced to "shop around" and attempt to engage
the market as informed consumers.
The Textbook Cost Transparency Act provides students
with vital information about their textbook and course
materials while they are registering for classes,
allowing them to make informed choices and financially
plan. The goal of this legislation is to provide
students with as much information regarding cost as
early as possible in the registration process with
clearly defined definitions integrated into the
University of Alaska's shared online course catalog
(UAOnline). By allowing students to see which classes
come at "zero-cost" or "low-cost" they will be able to
make more informed financial decisions more easily.
While faculty will remain the paramount deciders of
class materials, we believe that by providing students
this information we will be building towards a more
equitable and cost-effective University System for
students at the class level.
3:37:19 PM
DAWSON MANN, Staff, Senator Robert Myers, Alaska State
Legislature, Juneau, Alaska, provided the sectional analysis for
SB 13, version A:
[Original punctuation provided.]
SB 13 v. A Sectional Analysis
TEXTBOOK COST TRANSPARENCY ACT
"An Act relating to costs of and charges for textbooks
and other course materials required for University of
Alaska courses; and providing for an effective date."
Section 1: Page 1, Lines 4-6 This section establishes
that this act may be known as the "Textbook Cost
Transparency Act".
Section 2: Page 1, Lines 7-14, Page 2, Lines 1-16 This
section outlines the information that the University
of Alaska must provide in the University systems
online course schedule relating to class materials and
automatic fees required for the materials. This
section provides statute definitions for "course
materials", "online course schedule", "zero-cost
resources", and "low-cost resources".
This section also directs that the universities online
course schedule must include search functions to
identify courses with only zero-cost or low-cost
materials required.
Section 3: Page 2, Line 17 This section establishes an
effective date for the bill of July 1st, 2026.
MR. MANN mentioned that the University of Alaska Anchorage
Textbook Affordability co-chairs helped guide the definitions in
Section 2, and the verbiage "to the extent practical" was added
to page 1, line 13, to ensure ease of compliance for the
university.
3:39:38 PM
SENATOR GRAY-JACKSON asked why SB 13 requires a textbook cost
estimate instead of the actual cost.
3:39:53 PM
SENATOR MYERS replied that although the university possesses the
cost information, it is not in control of costs. For example,
from spring semester to fall semester a company could change the
cost of a textbook. Requiring a cost estimate recognizes the
university is subject to third party changes.
3:40:56 PM
SENATOR STEVENS asked for more information about the textbook
affordability group.
3:41:14 PM
MR. MANN replied that the two co-chairs of the textbook
affordability group were part of a Fall 2021 online meeting.
Approximately 17 students from the university attended.
Following the meeting, the co-chairs submitted recommendations
for SB 13. He suggested that representatives from UAA could
share more about the group.
3:42:30 PM
DENISE RUNGE, Provost, University of Alaska Anchorage,
Anchorage, Alaska, stated the University of Alaska Anchorage
(UAA) has a committee of students that has done a phenomenal job
helping students obtain less expensive course materials. The
most substantial effort has been increasing the number of free
textbooks, also referred to as zero cost or open educational
resources, that students can search for as they register for
classes.
3:43:28 PM
SENATOR STEVENS asked if textbook recommendations are for the
entire university system or if schools retain control over
departments.
3:43:51 PM
MS. RUNGE replied that each university has faculty that selects
materials. In some cases, an entire department may agree on a
single item. For example, Writing 111 at UAA is a required class
for most students. The department decided to create and use a
free textbook which saves students money. However, faculty can
select the materials for the courses they teach.
3:44:43 PM
SENATOR GRAY-JACKSON asked why the three UA campuses have
different reactions to the concept of textbook transparency.
3:45:12 PM
PAUL LAYER, Vice President, Academics, Students & Research,
University of Alaska Anchorage, Anchorage, Alaska, replied
textbook transparency is a concept that began at the grassroots
level at each campus. The three campuses had their own
committees and ideas, but the objective of providing zero-cost
or low-cost materials to students was the same. He opined that
as the University of Alaska revisits its information and Banner
system, there will be more standardization and establishment of
best practices.
3:47:12 PM
CHAIR TOBIN asked why SB 13 has a zero fiscal note.
3:47:21 PM
SENATOR MYERS said the university was requesting funds for its
new computer systems when the legislature held the first
textbook transparency bill hearing. He opined that the
university received capital funding for the new computer
systems, which will include a textbook transparency program.
3:49:00 PM
CHAIR TOBIN held SB 13 in committee.
^PRESENTATION CONSTITUTIONAL REQUIREMENTS AND LEGAL PRECEDENTS
FOR PUBLIC EDUCATION FUNDING IN ALASKA
PRESENTATION
CONSTITUTIONAL REQUIREMENTS AND LEGAL PRECEDENTS
FOR PUBLIC EDUCATION FUNDING IN ALASKA
3:49:13 PM
CHAIR TOBIN announced the consideration of a presentation on the
constitutional requirements and legal precedents for public
education funding in Alaska.
3:49:58 PM
HOWARD TRICKEY, Attorney, Schwabe, Williamson & Wyatt,
Anchorage, Alaska, said he has practiced law in Alaska for 47
years and has represented school districts in Alaska for most of
his career. However, he is not representing anyone at this
hearing.
CHAIR TOBIN asked what consequences the state might experience
if the legislature does not fund small schools as required by
the consent decree.
3:51:25 PM
MR. TRICKEY stated he has not consulted with his clients but
opined that it would violate the Kasayulie consent decree if the
legislature or the executive branch refused to fund the
obligations of the settlement agreement. The Kasayulie case
arose from a long-standing practice of the state automatically
funding the debt reimbursement program for city and borough
school districts which have taxing authority but not funding
Regional Education Attendance Area (REAA) construction projects.
For over a decade, the legislature was unwilling to fund the
Construction Improvement Program (CIP) because the top 10 - 15
projects on the list were all in REAAs. The dual system of
funding new school construction and major maintenance was at the
core of the Kasayulie case. Rural schools were substandard and
overcrowded. The case lasted several years and was resolved
through a consent decree. The key aspect of the consent decree
that made the settlement possible was the legislature's
willingness to pass Senate Bill 237, codified as AS 14.11.025
and .030. The law provided that the state would deposit money
into the rural construction fund under the terms of the consent
decree. Funding for the rural construction fund would continue
as long as the debt reimbursement program received funds. A
prospect of the consent decree was that funding would be regular
to satisfy what the court ruled was the state's duty under art.
VII, sec. 1, Constitution of the State of Alaska, which says the
state must establish and maintain a system of schools open to
all children. He said there is an affirmative duty to fund
schools and school projects so that students can learn in an
environment where they can be successful. He opined that the
state's failure to continue to fund the rural school
construction fund would violate the intent and terms of the
Kasayulie consent decree.
3:56:06 PM
SENATOR STEVENS asked what the legislature's track record is for
funding rural and urban schools.
3:56:27 PM
MR. TRICKEY replied that the legislature's track record since
2014 is spotty at best and precariously close on an annual basis
to violating the terms of the consent decree.
3:58:26 PM
CHAIR TOBIN asked if the Moore lawsuit created a template for
how Alaska should meet its constitutional obligations to
establish and maintain a system of public schools.
3:58:46 PM
MR. TRICKEY replied that it did more than create a template. The
state's constitutional duty, under the education clause, to
establish and maintain a system of education was the central
issue of the Moore case. The case primarily focused on a decade
of flat funding, the terrible achievement and performance gaps
between urban and rural schools, and the ability to generate
funds beyond the state basic need formula. In 2007, Judge
Gleason found that the education clause imposed a framework of
four requirements on the state for meeting its obligation to
provide a basic education for students:
• The state must adopt standards that define expected
learning. The standards must meet or exceed a
constitutional floor of an adequate knowledge base.
• There must be an adequate method of assessing learning.
• There must be adequate funding for schools to provide
instruction in the standards.
• The state must have adequate accountability and oversight
of local school districts to ensure districts can fill the
state's constitutional responsibility.
Judge Gleason also found that students are entitled to the
following corresponding rights:
• Meaningful opportunities to become proficient in the areas
covered by the state's basic assessment, such as reading,
writing, and math.
• Meaningful access to the areas covered by the state's
content standards, such as geography, government, and art.
4:03:22 PM
SENATOR STEVENS asked how the achievement gap was determined.
4:03:35 PM
MR. TRICKEY reiterated that his response was not on behalf of a
client. Nationwide there have been about 30 educational funding
adequacy cases. In general, the case evidence presented was
educational inputs and outputs. He provided funding, curriculum,
and teacher training as examples of inputs and state-adopted
standardized test results as an example of an output.
4:05:47 PM
CHAIR TOBIN stated the committee has been receiving testimony
and insight into local contribution and the Ketchikan case. She
asked Mr. Trickey if he had any case insights that would help
the committee adequately fund public education.
4:06:23 PM
MR. TRICKEY said the Alaska Supreme Court heard the Ketchikan
case. The Ketchikan Gateway Borough School District advanced
several claims that local contribution was unconstitutional. The
court rejected the arguments and determined it was
constitutional for local governments to contribute to the cost
of local education. He stated there is no constitutional limit
or prohibition on the legislature considering a local
contribution as part of a funding formula.
4:07:40 PM
SENATOR BJORKMAN asked what recourse is available to people if
the legislature does not align with consent decrees and court
decisions. He noted that the court does not control how the
legislature spends money.
4:08:39 PM
MR. TRICKEY replied that the court cases that were mentioned
took years to settle because the judiciary cannot order the
legislature to appropriate specific amounts of money. The
judiciary respects that the legislature is a separate branch of
government with the final say in appropriating state funds.
Conversely, the legislature should respect and recognize the
authority of the court to interpret the law. Legislators take an
oath to uphold the Constitution. When the judiciary rules that
the legislature is violating constitutional rights, the
legislature should take action to correct the violation. In an
extreme case, the Kansas judiciary ordered the education system
to shut down until the legislature achieved constitutional
compliance by fixing funding deficiencies.
4:12:36 PM
CHAIR TOBIN thanked the presenter.
^PRESENTATION PUPIL TRANSPORTATION PROGRAM
PRESENTATION
PUPIL TRANSPORTATION PROGRAM
4:13:12 PM
CHAIR TOBIN announced the consideration of a presentation titled
Pupil Transportation Program.
4:13:33 PM
ELWIN BLACKWELL, School Finance Manager, Department of Education
and Early Development (DEED), Juneau, Alaska, began the
presentation on slides 2-4:
[Original punctuation provided.]
Mission, Vision, and Purpose
Mission
An excellent education for every student every day.
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.
Purpose
DEED exists to provide information, resources, and
leadership to support an excellent education for every
student every day.
- Alaska Statute 14.03.015
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.
Agenda
• Pupil Transportation Program History
Pupil Transportation Program
• Department Responsibilities for the Pupil
Transportation Program
4:14:56 PM
MR. BLACKWELL moved to slide 5:
[Original punctuation provided.]
Pupil Transportation Program History
• Prior to FY2004, the program was a reimbursement
program.
• In FY2004, the program moved to a formula program
using a per student amount unique to each district
multiplied by the brick and mortar Average Daily
Membership (ADM).
• The per student amount for FY2004 was derived by
taking the actual school transportation cost in
FY2003 divided by the brick and mortar ADM.
• In 2012, SB 182 (Chapter 19, SLA 2012) recalibrated
the per student amount for FY2012 and FY2013. In
2013, SB 57 (Chapter 69, SLA 2013) provided for
consumer price index (CPI) adjustments for FY2014 to
FY2016.
CHAIR TOBIN asked why the state moved from a reimbursement to a
formula-based program.
4:17:05 PM
MR. BLACKWELL replied it was an attempt to encourage districts
to contain costs by looking for less expensive opportunities.
Before 2004 DEED saw costs in the transportation program quickly
increasing. Therefore, the department removed regulations and
gave school districts ownership through a transportation block
grant program. DEED tasked the districts with running economical
transportation programs.
4:17:55 PM
CHAIR TOBIN asked if the formula-based program helped districts
contain costs or if school districts used other funding to
offset increased transportation costs since 2016.
4:18:02 PM
MR. BLACKWELL said DEED has seen costs continue to increase.
Most districts transfer money from other funds to cover the
shortfall in the transportation program.
4:18:27 PM
MR. BLACKWELL turned to slide 6 and spoke to the following
points:
Pupil Transportation Grant Program
• The Department of Education and Early Development
distributes the Pupil Transportation grants in three
payments.
• Payments are distributed in August, December, and
March.
• The March payment balances the grant so districts
only receive the per student cost times the actual
brick and mortar Average Daily Membership (ADM) for
the year.
4:19:37 PM
SENATOR GRAY-JACKSON asked what the per-student transportation
cost is in Anchorage.
4:19:58 PM
MR. BLACKWELL replied he did know the cost but would provide it
to the committee.
4:20:18 PM
SENATOR STEVENS asked for a schedule of district transportation
funding.
MR. BLACKWELL replied he would provide the information to the
committee.
4:20:44 PM
CHAIR TOBIN said she would like to know how much drivers earn on
average.
MR. BLACKWELL said he does not know how much drivers earn and
would have to poll the school districts. However, statute
requires drivers be paid at least double the minimum wage. He
stated his belief that most districts pay more than double the
minimum wage.
4:21:41 PM
MR. BLACKWELL turned to slide 7:
[Original punctuation provided.]
Responsibilities for Pupil Transportation
• Pursuant to AS 14.09.030(b) the department is
responsible for the following items:
1. The department must establish school bus equipment
standards used to transport students to and from
school. (4 AAC 27.110)
2. Provide for the inspection of every school bus at
least twice per year.
3. Must maintain a record of accidents involving a
school bus or other vehicle owned or provided
under contract to a school district. (4 AAC
27.056(3))
• The department works with the Alaska Vocational and
Technical Education Center (AVTEC) to train school
bus driver trainers. These trainers are responsible
to train the bus drivers that transport Alaska
school children each day. (4 AAC 27.210)
4:23:43 PM
SENATOR KIEHL joined the meeting.
4:24:36 PM
SENATOR GRAY-JACKSON asked if school districts are responsible
for school bus costs mentioned in statute, such as inspections
every two years.
4:24:44 PM
MR. BLACKWELL replied that it is the responsibility of DEED, not
the school districts. The school finance budget provides money
to issue the contracts and pay the contractors.
4:25:22 PM
SENATOR BJORKMAN asked whether the department has considered
distributing pupil transportation money based on how far buses
must travel to transport students instead of basing distribution
on a district's student population.
MR. BLACKWELL opined that it would be better to revert to a
reimbursement program if districts used a calculation based on
distance. The department would receive specific information from
districts, such as the number of miles traveled and students
transported, to determine the reimbursement amount. The idea
behind the per-student amount was the department would determine
the cost of a standard route and the distance traveled at a
specific point in time for each district. As student population
fluctuated, districts would receive an adequate amount to fund
their transportation program. An argued fault of the system is
the cost of running a specific route is the same regardless of
the number of students on the bus. The legislature decided to
operate this way in 2004 to bring efficiency to the
transportation program. In 2014 the legislature passed a bill to
encourage the department to work with districts in bringing more
national bus contractors to the state by aligning contracts so
more buses were available during the contracting period.
Increasing contractor competition appeared to be working until
one main provider bought out another.
4:28:33 PM
CHAIR TOBIN said the department's current system does not lend
itself to innovation, such as electric, smaller, or more
efficient buses. She asked how the department could support the
ability to innovate.
MR. BLACKWELL said he was not qualified to answer the question.
He stated one contractor in the Tok area operates an electric
bus, and other districts have discussed getting electric buses.
He said the Environmental Protection Agency (EPA) has a clean
bus program encouraging school districts to use electric buses
through a subsidy program.
4:29:41 PM
MR. BLACKWELL turned to slide 8 and provided his contact
information.
4:29:54 PM
CHAIR TOBIN thanked Mr. Blackwell for the presentation.
SB 52-INCREASE BASE STUDENT ALLOCATION
4:30:18 PM
CHAIR TOBIN announced the consideration of SENATE BILL NO. 52
"An Act relating to education; increasing the base student
allocation; and providing for an effective date."
CHAIR TOBIN said the committee previously heard extensive
testimony and a review of the fiscal notes for SB 52.
4:30:34 PM
CHAIR TOBIN found no further questions or comments on SB 52 and
solicited a motion.
4:30:52 PM
SENATOR STEVENS moved to report SB 52, work order 33-LS0369\S,
from committee with individual recommendations and attached
fiscal note(s).
4:31:02 PM
CHAIR TOBIN found no objection and CSSB 52(EDC) was reported
from the Senate Education Standing Committee.
4:32:05 PM
There being no further business to come before the committee,
Chair Tobin adjourned the Senate Education Standing Committee
meeting at 4:32 p.m.