03/22/2021 09:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB10 | |
| SB80 | |
| SB6 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 72 | TELECONFERENCED | |
| += | SB 20 | TELECONFERENCED | |
| += | SB 80 | TELECONFERENCED | |
| += | SB 10 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 6 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
March 22, 2021
9:03 a.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Shelley Hughes
Senator Tom Begich
MEMBERS ABSENT
Senator Gary Stevens, Vice Chair
Senator Peter Micciche
COMMITTEE CALENDAR
SENATE BILL NO. 10
"An Act establishing a grant program to provide to essential
workers the tuition and fees to attend a state-supported
postsecondary educational institution."
- MOVED CSSB 10(EDC) OUT OF COMMITTEE
SENATE BILL NO. 80
"An Act relating to mental health education."
- MOVED CSSB 80(EDC) OUT OF COMMITTEE
SENATE BILL NO. 6
"An Act relating to retirement incentives for members of the
defined benefit retirement plan of the teachers' retirement
system and the defined benefit retirement plan of the Public
Employees' Retirement System of Alaska; and providing for an
effective date."
- MOVED CSSB 6(EDC) OUT OF COMMITTEE
SENATE BILL NO. 72
"An Act relating to civics education, civics examinations, and
secondary school graduation requirements; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 20
"An Act relating to recognition of certificates of out-of-state
teachers."
- BILL HEARING CANCELLED
PREVIOUS COMMITTEE ACTION
BILL: SB 10
SHORT TITLE: FREE/REDUCED TUITION FOR ESSENTIAL WORKER
SPONSOR(s): SENATOR(s) BEGICH
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) L&C, EDC, FIN
02/08/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/08/21 (S) Moved SB 10 Out of Committee
02/08/21 (S) MINUTE(L&C)
02/10/21 (S) L&C RPT 4DP 1NR
02/10/21 (S) NR: COSTELLO
02/10/21 (S) DP: GRAY-JACKSON, STEVENS, HOLLAND,
REVAK
03/17/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/17/21 (S) Heard & Held
03/17/21 (S) MINUTE(EDC)
03/22/21 (S) EDC AT 9:00 AM BUTROVICH 205
BILL: SB 80
SHORT TITLE: PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION
SPONSOR(s): SENATOR(s) GRAY-JACKSON
02/12/21 (S) READ THE FIRST TIME - REFERRALS
02/12/21 (S) EDC, HSS, FIN
03/10/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/10/21 (S) Heard & Held
03/10/21 (S) MINUTE(EDC)
03/19/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/19/21 (S) -- Invited & Public Testimony --
03/22/21 (S) EDC AT 9:00 AM BUTROVICH 205
BILL: SB 6
SHORT TITLE: RIP FOR PUBLIC EMPLOYEES/TEACHERS
SPONSOR(s): SENATOR(s) KAWASAKI
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) EDC, L&C, FIN
03/15/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/15/21 (S) Heard & Held
03/15/21 (S) MINUTE(EDC)
03/22/21 (S) EDC AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
ED KING, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Co-presented the changes in the committee
substitute for SB 10.
LOKI TOBIN, Staff
Senator Tom Begich
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Co-presented the changes in the committee
substitute for SB 10.
SANA EFIRD, Executive Director
Alaska Commission on Postsecondary Education
Juneau, Alaska
POSITION STATEMENT: Available for questions about the fiscal
note.
ED KING, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the changes in the committee
substitute for SB 80.
ED KING, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the changes in the committee
substitute for SB 6.
SENATOR SCOTT KAWASAKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 6.
JOHN HOLST, Superintendent
Sitka School District
Sitka, Alaska
POSITION STATEMENT: Described Sitka's experience with a
retirement incentive.
JOE HAYES, Staff
Senator Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions about SB 6.
ACTION NARRATIVE
9:03:36 AM
CHAIR ROGER HOLLAND called the Senate Education Standing
Committee meeting to order at 9:03 a.m. Present at the call to
order were Senators Hughes, Begich, and Chair Holland.
At ease
SB 10-FREE/REDUCED TUITION FOR ESSENTIAL WORKER
9:05:30 AM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 10 "An Act establishing a grant
program to provide to essential workers the tuition and fees to
attend a state-supported postsecondary educational institution."
He solicited for a motion to adopt the committee substitute
(CS).
9:05:42 AM
SENATOR HUGHES moved to adopt the work draft CS for SB 10, work
order 32-LS0127\G, as the working document.
9:05:58 AM
CHAIR HOLLAND objected for purposes of discussion.
9:06:08 AM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, explained the changes in the committee
substitute for SB 10:
Change #1:
On page 1, line 8 of version A, the word
"undergraduate" is deleted to account for trade
school students. Graduate school is still
disallowed by subsection (a) paragraph (8).
MR. KING said change #2 is a substantial change that expands the
eligible pool to include anyone who was laid off due to the
pandemic.
Change #2:
Subsection (a) paragraph (2) is adjusted to allow
any worker that was laid off to be eligible for a
grant.
Version A:
(2) was employed as an essential worker in the state
when the federal government declared a public health
emergency on January 31, 2020, and
(A) maintains employment as an essential worker
for the duration of the public health emergency; or
(B) was temporarily or permanently laid off;
Version G:
(2) was,
(A) employed as an essential worker in the state
when the federal government declared a public health
emergency on January 31, 2020; or
(B) temporarily or permanently laid off in the
state as a direct consequence of the public health
emergency declared by the federal government on
January 31, 2020;
MR. KING deferred to the sponsor to speak to change #3.
SENATOR BEGICH asked his staff to explain change #3.
9:07:49 AM
At ease
9:08:09 AM
LOKI TOBIN, Staff, Senator Tom Begich, Alaska State Legislature,
Juneau, Alaska, said that this change disqualifies someone from
receiving additional funding once the person has completed a
program.
Change #3:
Inserts a paragraph (4) under subsection (b),
which disqualifies a student from additional
funding once they complete the curriculum,
degree, or program for which they received a
grant for the previous term.
SENATOR BEGICH added that someone cannot use four years to get
two different degrees. It is only the opportunity for one
degree.
MR. KING said #4 changes the definition of essential workers.
Instead of being an enumerated list, the definition will be
developed as described below.
Change #4:
A new subsection is added under section 1
(subsection (e) of version G), which directs the
commission on Postsecondary Education to consult
with HSS and use the Alaska Essential Services
and Critical Workforce Infrastructure Order to
define an "essential worker." The definition of
"essential worker" in version A (on page 3, lines
6-17) was deleted.
Change #5:
The words "or private" are deleted from the
definitions of "half-time" and "full-time"
student (page 3, lines 22 and 26 of version A),
as only state-supported institutions are
authorized by this bill (page 1, line 8).
Change #6:
Changes to a hard repeal date of December 31,
2025 (previously set to expire at the end of the
federal declaration).
9:10:08 AM
CHAIR HOLLAND removed his objection. He asked if there was
further objection.
SENATOR HUGHES asked why this program does not allow the funds
to be used at a private institution when it is allowed in the
student loan program.
SENATOR BEGICH replied the primary reason is that the student
loan program is a loan program that is designed to be paid back
and this is a grant program. It would violate the constitution
to provide the money with no element to pay it back. His office
initially intended to have this apply to all institutions but
Legislative Legal said that would not be possible because of the
constitutional prohibition on using public money for a private
institution.
SENATOR HUGHES said that does make sense, but she still has a
problem with those essential workers who worked the entire time
during the declaration period vs. the restaurant worker who did
not get laid off. The essential workers are eligible for the
grant whereas the restaurant workers who might be able to pull
themselves up to a better state if given this opportunity are
not eligible. She said that is a problem but she would be part
of the quorum to move the bill from committee.
CHAIR HOLLAND asked if there was further objection to adopting
version G. Finding no further objection, version G was adopted.
SENATOR BEGICH advised that his office made an error in the
report date on page 4, line 11, and requested the committee
change it to December 31, 2026. As it reads now, the report will
be produced the day after the grant program ends, which would
not provide time to calculate things like whether people
completed their degrees.
9:14:43 AM
At ease
9:14:51 AM
CHAIR HOLLAND reconvened the meeting and solicited a motion.
9:15:27 AM
SENATOR BEGICH moved conceptual Amendment [1].
Page 4, line 11:
Delete "January 1, 2025."
Insert: "December 31, 2026."
9:15:48 AM
CHAIR HOLLAND found no objection and conceptual Amendment [1]
was adopted.
SENATOR BEGICH thanked the chair for hearing the bill.
SENATOR HUGHES asked if the bill title should be adjusted in the
next committee of referral since the committee substitute allows
a nonessential worker who was temporarily unemployed or
permanently laid off to participate. She added that she believes
all workers are critical and essential. She would be more apt to
vote for the bill if subparagraph (A) on page 1 were removed.
She said her individual recommendation on the committee report
will be to amend the bill as she described.
CHAIR HOLLAND asked Sana Efird if she had any comment as invited
testimony.
9:18:00 AM
SANA EFIRD, Executive Director, Alaska Commission on
Postsecondary Education, Juneau, Alaska, said she was asked to
be available to answer questions on the fiscal notes.
9:18:42 AM
CHAIR HOLLAND found no questions, comments, or amendments and he
solicited a motion.
9:18:56 AM
SENATOR HUGHES moved to report the work draft committee
substitute (CS) for SB 10, work order 32-LS0127\G as amended,
from the committee with individual recommendations and attached
fiscal note(s).
CHAIR HOLLAND found no objection, CSSB (10)EDC as amended was
reported from the Senate Education Standing Committee.
9:19:30 AM
At ease
SB 80-PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION
9:21:10 AM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 80
"An Act relating to mental health education."
He noted the proposed committee substitute (CS) and solicited a
motion.
9:21:24 AM
SENATOR HUGHES moved to adopt the work draft CS for SB 80, work
order 32-LS0514\B, as the working document.
9:21:38 AM
CHAIR HOLLAND objected for purposes of discussion.
9:21:46 AM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, stated that committee members recommended the
changes that appear in version B. during the last hearing. He
reviewed the following changes from version A to version B for
SB 80:
Change #1:
Within the intent language of section 1, the list
of mental health organizations is replaced with a
more general reference.
• Page 1, Lines 5-10 of version A, are amended
to read:
LEGISLATIVE INTENT. It is the intent of the
legislature that the Board of Education and Early
Development develop guidelines for instruction in
mental health in consultation with the department of
Health and Social Services, regional tribal health
organizations, and representatives of national and
state mental health organizations. [REPRESENTATIVES OF
MENTAL HEALTH ORGANIZATIONS AND REGIONAL TRIBAL HEALTH
ORGANIZATIONS, INCLUDING THE NATIONAL COUNCIL FOR
BEHAVIORAL HEALTH, PROVIDENCE HEALTH AND SERVICES
ALASKA, THE SOUTHCENTRAL FOUNDATION, ANCHORAGE
COMMUNITY MENTAL HEALTH SERVICES, INC., THE NORTH STAR
BEHAVIORAL HEALTH SYSTEM, AND THE NATIONAL ALLIANCE ON
MENTAL ILLNESS ALASKA.]
Change #2:
Within AS 14.30.360(b), section 3 of the bill,
the added language was adjusted for clarity and
consistency with the intent language, and to
address the concern of developmentally
appropriate curriculum.
• On page 2, line 7 of version A, the phrase
"Health guidelines must provide standards
for instruction in mental health" is changed
to "Guidelines for instruction in mental
health" to match the intent language. The
words "developmentally appropriate" are also
inserted.
• On page 2, line 9 of version A, the words
"regional tribal health organizations" are
inserted to match the intent language.
SENATOR BEGICH said the bulk of the suggestions were made by
staff to the Mental Health Board, the Suicide Prevention
Council, and the Alcohol and Substance Abuse Prevention Council
because they are more consistent with current policy.
9:23:18 AM
CHAIR HOLLAND removed his objection. There being no further
objection, version B was adopted.
SENATOR HUGHES observed that the bill now states that the
Department of Health and Social Services (DHSS) will be
consulted to ensure curriculum is developmentally appropriate.
The Department of Education and Early Development (DEED) is also
involved in providing technical assistance. She expressed hope
that DEED will be involved with technical assistance regarding
what is developmentally appropriate, but she acknowledged that
the way the language is written it falls on DHSS. She asked if
anyone from DEED can speak to that.
SENATOR BEGICH said fiscal note speaks to that in the last
paragraph on page 2. It says, "Transition language provides the
State Board of Education and Early Development two years to
develop mental health guidelines." DEED is the primary mover,
but will consult with DHSS. The consultation language was in the
original bill as well.
SENATOR HUGHES said that is in the intent language, but in
Section 3, the guidelines are with DHSS. She is confident that
they will work together, but there is some disconnect because
one is intent language and the other says DHSS will establish
guidelines.
MR. KING said that in Section 3 of the bill, the first sentence
of that refers to the state board of DEED that will work in
consultation with DHSS and the other organizations. The
transition language states that the DEED state board shall
develop the mental health guidelines, so in the bill it does
fall on DEED.
SENATOR HUGHES said that is helpful and reassuring. It is good
to get the discussion on the record so that it is clear that the
committee is expressing the importance of both departments being
involved.
9:27:43 AM
CHAIR HOLLAND solicited a motion.
9:27:50 AM
SENATOR HUGHES moved to report the proposed committee substitute
(CS) for SB 10, work order 32-LS0514\B from committee with
individual recommendations and attached fiscal note(s).
CHAIR HOLLAND found no objection and CSSB 10 (EDC) was reported
from the Senate Education Standing Committee.
9:28:11 AM
At ease
SB 6-RIP FOR PUBLIC EMPLOYEES/TEACHERS
9:29:45 AM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 6 "An Act relating to
retirement incentives for members of the defined benefit
retirement plan of the teachers' retirement system and the
defined benefit retirement plan of the Public Employees'
Retirement System of Alaska; and providing for an effective
date."
He noted that there was a work draft committee substitute (CS)
and solicited a motion.
9:30:07 AM
SENATOR HUGHES moved to adopt the work draft CS for SB 6, work
order 32-LS0028\B, as the working document.
9:30:20 AM
CHAIR HOLLAND objected for purposes of discussion.
9:30:24 AM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
noted two changes in the committee substitute.
Change #1:
To address the concern regarding losing teachers
in districts already facing teacher shortages,
language was added to direct the commissioner of
administration to deny an application by a
teacher if doing so would create undue hardship
for the school district. The change is in section
2, subsection (b), which appears on page 2, lines
14-15 of version B.
Change #2:
To acknowledge the fact that there may be
financial benefits even in situations that do not
result is a permanent reduction to positions, the
last line of the intent language was deleted.
MR. KING noted that Senator Micciche expressed concern that
allowing teachers to retire in school districts that already
have recruitment and retention problems might be problematic, so
language was added to attempt to address that.
9:31:26 AM
CHAIR HOLLAND removed his objection. There being no further
objection, version B was adopted. He invited bill sponsor
Senator Kawasaki to address the committee.
9:31:41 AM
SENATOR SCOTT KAWASAKI, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 6, thanked the committee for bringing the
bill forward. He said retirement incentive programs have been
used since the '80s in both the private and public sectors. In
Alaska, RIP bills were used in '86, '89, and '96. A bill in 2004
did something similar to what SB 6 proposes. The cost savings
are tremendous. In '86 the estimated savings was over $25
million in year one. According to Legislative Audit, the '89
retirement incentive program demonstrated $23 million in
savings, representing 1,700 employees. In '96, the fiscal note
for an identical bill showed a $41 million savings in year one.
He said this is a time to find savings and prevent layoffs, and
SB 6 does that.
SENATOR HOLLAND invited John Holst, the Sitka superintendent, to
testify.
9:33:40 AM
JOHN HOLST, Superintendent, Sitka School District, Sitka,
Alaska, said that he has read through the bill several times. It
is similar to bills in the past, but it seems unduly
complicated. Sitka is in the middle of a reduction and is
offering a bonus of $10,000 that is not connected to the Teacher
Retirement System (TRS). Four teachers are going to take
advantage of that. It is a simple and straightforward thing for
Sitka. The bill could allow for more local control if the
legislature instructed TRS to count any bonuses as earned
income. Right now, a bonus the district offers is outside of TRS
and does not qualify as earned income. That one change would
help Sitka immensely. People always want to know if a bonus will
count for retirement. The intent of this bill is aimed at the
right target. In the past these bills were related to a
significant downturn in population and as such allowed removal
of positions in an orderly fashion. The current situation is the
need for pruning budgets and making reductions in positions. In
most situations, the people taking the bonus will have to be
replaced. Inside the bill, in at least once case, it says the
position cannot be filled and must remain vacant.
CHAIR HOLLAND clarified that Mr. Holst is invited testimony.
9:37:43 AM
SENATOR BEGICH pointed out that the bill says the retirement
incentive program is not mandated, it is a "may." Sitka has the
wherewithal to go beyond this retirement program, so it is doing
so. The bill is provided as a tool to give guidance to districts
that cannot offer a substantial bonus. The bill will have no
material effect on Sitka if it chooses not to enter this
particular state retirement incentive program.
SENATOR BEGICH described the following as a critical component
of the bill: "RETIREMENT INCENTIVE PROGRAM (a) An employer
including a state agency, a political subdivision of the state,
a public organization, and the University of Alaska may elect to
adopt a retirement incentive program under this Act." It is not
designed to negatively impact the Sitka School District. It is
designed to provide a tool for those districts that don't have
the tax base or wherewithal that Sitka enjoys. There are "shall"
retirement incentive programs that are dangerous for local
jurisdictions that he would never support. This is not one of
those.
9:39:35 AM
MR. HOLST said he understands this is voluntary. Whenever
teachers want to tack on three years to their service in order
to retire and get a larger benefit, the pressure will be on the
district to participate. If it is a year of negotiation with the
teacher union, it will be on the table for discussion and may be
part of the agreement. There are significant financial impacts
on districts. The intent is wonderful, but it is unduly
complicated and going to create problems for local districts. He
understands it is a choice to participate, but the pressure will
come from teachers and their unions to force districts to
participate.
SENATOR HUGHES questioned the need for the bill if a district
can choose to participate and structure the program in a way
that works for the particular district.
9:41:33 AM
SENATOR KAWASAKI answered that it seems that Sitka is offering a
one-time $10,000 payment to retire. By contrast, the school
district in Fairbanks has a $25 million deficit next year and
there may be 200 layoffs throughout the system, from custodial
staff to certified teachers. Fairbanks does not have the cash to
pay an incentive to retire.
SENATOR HUGHES asked, should become law, if the Sitka
superintendent could continue to offer a monetary incentive to
retire or if that district would have to follow the process
structured in the bill.
SENATOR KAWASAKI answered that nothing prevents a school
district from offering a signing bonus or retirement incentive.
SB 6 codifies the retirement incentive program for school
districts, the university, and state service. It includes
everyone in the TRS or PERS (Public Employee Retirement System).
SENATOR HUGHES recalled that either last year or the year
before, Senator Micciche introduced a bill to rehire retired
teachers. She asked how that law would mesh with SB 6 and if it
had a two-year wait period like SB 6.
SENATOR KAWASAKI responded that the retiree rehire bill, which
was Senate Bill 185, passed the Senate 19-1. Its conditions are
different from SB 6. A retired educator can be rehired if they
have been retired for at least six months and are 62 years of
age or younger. If older than age 62, they have to wait for 60
days. If people want to retire with the retirement incentive
program in SB 6, they would be under a different part of law
than the retire rehire system. He deferred to Mr. Hayes to
discuss the particulars.
9:45:02 AM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, explained that under SB 6, the district can bring
educators back under contract or as substitute teachers, but
they cannot come back under TRS.
SENATOR HUGHES recalled that under Senator Micciche's bill,
retired educators cannot return under TRS. She noted the
different waiting periods for the two bills and asked, since
there is a teacher shortage, if it would make more sense to
bring the early retired teachers back in six months rather than
two years.
SENATOR KAWASAKI advised that under Senator Micciche's bill,
retirees have to come back under TRS and school districts will
be required to pay 12.56 percent of base salary to TRS.
CHAIR HOLLAND noted that the next committee of referral is Labor
and Commerce and then Finance. The committee has resolved the
education aspect of the bill. There will be time for additional
discussion.
SENATOR HUGHES asked the sponsor to entertain the idea of
shortening the waiting period for teachers because the problem
is not going to go away, especially in rural communities.
9:47:56 AM
CHAIR HOLLAND opened public testimony on SB 6; finding none, he
public testimony. He solicited a motion.
9:48:22 AM
SENATOR HUGHES moved to report the work draft CS for SB 6, work
order 32-LS0028\B, from committee with individual
recommendations and attached fiscal note(s).
CHAIR HOLLAND found no objection and CSSB 6(EDC) was reported
from the Senate Education Standing Committee.
9:49:07 AM
There being no further business to come adopted, Chair Holland
adjourned the Senate Education Standing Committee at 9:49 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB6 ver. B.pdf |
SEDC 3/22/2021 9:00:00 AM |
SB 6 |
| SB 80 version B.pdf |
SEDC 3/22/2021 9:00:00 AM |
SB 80 |
| SB 10 Committee Substitute (SEDC).pdf |
SEDC 3/22/2021 9:00:00 AM |
SB 10 |
| SB 80 Explanation of Changes in version B.pdf |
SEDC 3/22/2021 9:00:00 AM |
SB 80 |
| SB 6 Explanation of Changes in version B.pdf |
SEDC 3/22/2021 9:00:00 AM |
SB 6 |
| SB 10 Explanation of Changes in version G.pdf |
SEDC 3/22/2021 9:00:00 AM |
SB 10 |