Legislature(1997 - 1998)

03/03/1998 08:40 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
MINUTES                                                                        
SENATE FINANCE COMMITTEE                                                       
3 March 1998                                                                   
8:40 a.m.                                                                      
                                                                               
                                                                               
TAPES                                                                          
                                                                               
SFC-98, #59, Side A                                                            
                                                                               
                                                                               
CALL TO ORDER                                                                  
                                                                               
Senator Bert Sharp, Co-chair, convened the meeting at                          
approximately 8:40 a.m.                                                        
                                                                               
                                                                               
PRESENT                                                                        
                                                                               
In addition to Co-chairman Sharp, Senators Phillips, Donley,                   
Torgerson and Adams were present when the meeting was                          
convened.  Senators Parnell and Pearce arrived respectively                    
thereafter.                                                                    
                                                                               
                                                                               
Also Attending:  Senator Gary Wilken; Jim Baldwin, Assistant                   
Attorney General, Department of Law; Richard Cross, Deputy                     
Commissioner, Department of Education; Eddy Jeans, Manager,                    
School Finance Section, Education Support Services,                            
Department of Education; John Cyr, President, NEA-Alaska;                      
Linda Frank, Carl Rose, Ashley Reed; Eric McDowell, Senior                     
Partner, McDowell Group, Juneau;  David Teal, Project                          
Manager, McDowell Group, Juneau;  Dave Tonkovich, Fiscal                       
Analyst, Legislative Finance Division; aides to committee                      
members and other Legislative members.                                         
                                                                               
Via Teleconference:  Teleconference was "listen only" for                      
the cities of Anchorage, Barrow, Cordova, Delta Junction,                      
Fairbanks, Glennallen, Tok, Kenai, Valdez and Unalaska.                        
                                                                               
                                                                               
SUMMARY INFORMATION                                                            
                                                                               
 SENATE BILL NO. 36                                                            
                                                                               
"An Act relating to transportation of public school                            
students; relating to school construction grants;                              
relating to the public school foundation program and to                        
local aid for education; and providing for an effective                        
date."                                                                         
                                                                               
(The beginning of this tape is distorted by interference                       
from the teleconference equipment.)                                            
                                                                               
Co-chair Sharp introduced Eric McDowell, who provided the                      
committee with the McDowell Group Study.  He said he did not                   
anticipate getting to any amendments this morning.  He                         
further advised that teleconference this morning was "listen                   
only".  He noted the cities of Anchorage, Barrow, Cordova,                     
Delta Junction, Fairbanks, Glennallen, Tok, Kenai, Valdez                      
and Unalaska were on line.                                                     
                                                                               
Senator Phillips offered opening remarks and invited Eric                      
McDowell to join the committee.  He said the McDowell Group                    
had provided a study of the schools within Alaska.  This                       
report dealt with the actual cost of the schools.  He said                     
Mr. McDowell was present to answer questions either                            
previously submitted or those that would be asked today                        
during the meeting.                                                            
                                                                               
Co-chair Sharp asked that Mr. McDowell identify the                            
questions earlier presented and answer those first.                            
                                                                               
Senator Adams thanked the co-chair and committee for                           
allowing him to submit questions on this study.  He felt the                   
study did not do justice to SB 36.  There had been an                          
increase in student population and the State therefore had                     
to give more money.  He asked that specific questions raised                   
by him (contained in blue packet submitted to committee                        
members) be answered.  These were, in particular, about the                    
study, information on teacher salaries and non-personal                        
service costs.  He noted the chart on page seven and page                      
seventy-six.  There was further concern of the number of                       
disclaimers included in the study.  It was repeatedly stated                   
that the purpose of the study was to develop new adjustment                    
factors for size and location and not to develop a model to                    
allocate education aid to school districts.  That means no                     
robbing from one school district to give to another school                     
district, or to perhaps tax unorganized boroughs by four                       
percent and move that money into urban areas.  He felt that                    
the study was being used to reallocate funds which, along                      
with other proposals rolled into SB 36, would have dire and                    
he hoped unintended consequences in his district and most                      
rural Alaska.  He included comments and questions from the                     
Northwest Arctic Borough, North Slope Borough, Lower                           
Kuskokwim, Southeast Island School, Skagway School District                    
and the SEAC Commissioner.  These were contained in his memo                   
of 28 February 1998 to Co-chair Sharp.  He felt there were                     
many questions and hoped they could be answered and worked                     
through.  He noted two addendum and hoped they could be                        
gotten into later.                                                             
                                                                               
Eric McDowell was invited to join the committee.  He said he                   
was the senior partner of the McDowell Group and the author                    
or the Alaska School Operating Study.                                          
                                                                               
(Mr. McDowell moved to the front of the committee room and,                    
making use of a flip chart, commenced his testimony.)                          
                                                                               
He thanked Senator Adams for his questions and said they                       
were questions they had asked themselves before and during                     
the course of the study.  He referred to the supplemental                      
summary of 12 February 1998 and the draft report of 31                         
January 1998.  A final report was due by the end of the                        
week.                                                                          
                                                                               
It was important to recognize what the study was limited to.                   
School operating costs rather than deferred maintenance,                       
capital or school buses.  The assignment was to look at the                    
actual cost of operating schools, the influence of size and                    
of geographic location and then to suggest an allocation                       
based on those costs.  They were not involved in any                           
complication of local shares or Federal funding.  He briefly                   
reviewed previous school cost studies done in 1981; then in                    
1988 a household cost of living study.                                         
                                                                               
He noted that for some districts the size factor was more                      
important.  These districts paid their teachers                                
substantially, even though there was a low cost of living.                     
Another district, with the highest cost of living in the                       
State, paid twenty percent less than Anchorage.  However,                      
they had one aide per seven children.  That was a choice                       
they made.  In order to avoid rewarding overspenders and                       
penalizing those who had been frugal, they indicated the                       
real difference in instruction is in size and there was lots                   
of compensation for that.                                                      
                                                                               
They also researched salaries in all other fields, going                       
through some 230,000 state employment records, twenty-five                     
sample occupations from engineers to secretaries and did not                   
find any actual cost differential paid and the answer was                      
no.  If anything, it was in the reverse.  Other states                         
surveyed tended to pay less in rural than in urban, but                        
Alaska was different because our rural was remote and costs                    
were higher.  Even though the costs are higher in Senator                      
Adams' district as related to property and household, but it                   
is not known to operate school districts.  The Federal                         
government does pay an "Alaska differential" but it does not                   
pay one for being in Nome as opposed to Anchorage.  They                       
concluded that no one had severe recruitment and retention                     
problems.  Smaller districts had teachers that averaged nine                   
years experience; larger districts had teachers that                           
averaged twelve years of experience.  He further explained                     
that there was not a lot of relationship between costs in                      
areas and what people were actually getting paid there.                        
They decided the salary should be the same because everyone                    
else pays the same or less in the rest of the economy with                     
the sole exception being State government employees because                    
they get the old loaf of bread differential.  That was the                     
basis for their recommendation there.  However, it is only a                   
blanket recommendation.                                                        
                                                                               
In reviewing all the numbers such as teachers' salaries,                       
cost of oil, etcetera did not make a whole lot of                              
difference.  He explained the curve in compensating the                        
schools for size.  He felt that their study was more                           
favourable to smaller schools that the only size factor                        
system.  He explained non personal services (NPS) and how                      
they were different from  personnel costs.   They felt that                    
whatever it was costing the schools they must be spending.                     
But how the monies were spent was left up to the individual                    
school districts.  This study told exactly where cost really                   
were.  He said there should be a transitional period for                       
districts that may get less funding.                                           
                                                                               
At the conclusion of his presentation he offered to answer                     
questions from committee members.                                              
                                                                               
Senator Phillips asked about the how and where of the data                     
that was used.  Mr. McDowell said the information was                          
gathered from the Department of Education.  They took each                     
district's report, crunched in every number and then making                    
use of three different methods of NPS costs they came up                       
with their recommendations.                                                    
                                                                               
Senator Adams referred to page one of the study and asked                      
where the data was obtained from and how did it compare to                     
the existing formula?  The second question was that school                     
size had an enormous influence on operating costs per                          
students.  On page thirty-four, using the efficiency curve,                    
what was the basis used for providing the same front-loading                   
for small schools and large schools alike?                                     
                                                                               
Mr. McDowell asked that Mr. David Teal, Project Manager,                       
McDowell Group assist in the response to these two                             
questions.  Mr. McDowell reiterated that all school                            
districts have to report annually to the Department of                         
Education and it was from these reports they obtained their                    
information.  They were able to come up with average figures                   
using these reports.                                                           
                                                                               
Senator Torgerson requested Mr. McDowell to walk the                           
committee through the calculation used for small, medium and                   
large schools.  Senator Adams also asked Mr. McDowell to                       
explain data used showing the small and large schools would                    
not be hurt so much, but the middle schools would be hurt as                   
shown on his chart.                                                            
                                                                               
Mr. McDowell deferred to Mr. Teal for this response.                           
                                                                               
David Teal, Project Manager, McDowell Group responded.  He                     
said the lines on the chart could not be compared because                      
one was a funding community concept, which was the current                     
law, and the new one operated under school concept.  He said                   
a funding community would always be at least as large as the                   
school and could even be much larger.  However, it would                       
never be smaller.  Therefore, the position of the lines on                     
the chart did not necessarily indicate hurt and help.  He                      
explained a school of 71 and how it would be converted                         
running it through the formula they used.  There may be                        
certain points as regards to the chart that one would be                       
better or worse off than under the current formula, but                        
precisely where those points were was hard to tell.  It was                    
true that every school, even the large ones, get front-                        
loaded.  They get the benefit of being small and climbing up                   
the curve.  He noted that the only way one could avoid a                       
loss of funding as schools got additional students was to                      
front load every school.                                                       
                                                                               
Senator Adams asked if it could be guaranteed that they                        
would not lose any money, community versus a school concept,                   
considering three buildings in a community.                                    
                                                                               
Mr. McDowell responded and explained how the adjusted                          
student count would work.  Senator Phillips referred to the                    
Skagway school system.  Mr. McDowell said that with all the                    
students in one building they would still be on the same                       
basis as before.  They would not benefit from multiple                         
schools.  Previously, districts were penalized for having                      
multiple schools under one funded community.  Now, it was on                   
the same basis as everyone else regardless of the school                       
size.                                                                          
                                                                               
Senator Torgerson commented on three schools of two hundred                    
students as compared to one school of six hundred students.                    
He noted there was a substantial amount of adjustment                          
recognizing the inefficiencies of the smaller schools versus                   
the larger school.  Mr. McDowell concurred.                                    
                                                                               
Senator Torgerson referred to the single site schools.  Mr.                    
McDowell indicated that the single site school was beyond                      
the scope of their study.                                                      
                                                                               
Mr. Teal said they treated the single site schools the same                    
as any other school.                                                           
                                                                               
(Tape #59, Side A switched to Side B at log #590.)                             
                                                                               
Mr. Teal continued in response to a question from Senator                      
Adams as to why rural schools lost.  He said it was not                        
related to the size factor.  He and the superintendents                        
were surprised at how close size conversion was.  The real                     
issue, he felt, was the change from funding community count                    
to school count.  They were asked to allocate a fixed amount                   
of basic need, which was influenced by the size factor, size                   
and location adjustments.  The real driver was the amount of                   
money appropriated per unit per student.  It was not the                       
size factor but the way the students were counted.                             
                                                                               
Senator Adams asked Mr. Teal to explain how to get a higher                    
student count.  Every Alaska student was entitled to get an                    
education.                                                                     
                                                                               
Mr. McDowell responded saying the NPS count was critically                     
important in this issue.  The important thing was that                         
districts with a high NPS count did the best job of                            
accounting.  He said the way to get a higher student count                     
was to make sure they were getting credit for expenditures                     
under NPS because the multiplier was four times as high.                       
For example, he noted housing, which was an NPS cost.                          
                                                                               
Senator Torgerson noted that his office had criticized Mr.                     
McDowell for not visiting school sites.  He asked if his                       
report or their numbers would have changed had they actually                   
visited the school sites?  Mr. McDowell said he would have                     
liked to visit all the sites.  However, they had several                       
conversations with a number of superintendents in addition                     
to four experts working on their team.  He felt they had                       
enough information and were not doing things in ignorance of                   
the school systems.                                                            
                                                                               
Senator Phillips asked that the four experts be identified.                    
Mr. McDowell said they were:  Andy Warwick, Bob Weinstein,                     
Jim Paul and Tom Freeman.  Their job was to look at the                        
financial reports.                                                             
                                                                               
Senator Donley referred to the State Constitution, Article                     
7, section 1 and asked if there was any other section that                     
applied to the duty of the State to provide education?  Mr.                    
Adams indicated that he would have to look at the lawsuit                      
filed by Mat-Su vs. State of Alaska.  The current formula                      
was found to be constitutionally correct.                                      
                                                                               
Senator Donley felt that Senator Adams overstated his case.                    
He said the Constitution only required that it be                              
established by general law a system of public schools open                     
to all children of the State.   The system would also                          
frequently require local contributions.  That meant the                        
State was not the only one responsible for providing                           
education.  Local people also assist in providing education                    
for their children.  Senator Adams said he concurred with                      
that statement.  He reminded the committee that the North                      
Slope provided the second highest local contribution in the                    
State.  Therefore, everything should not be taken away from                    
them and then try to steal from the balance of that, also.                     
But he asked, how was area cost differential calculated in                     
the study so the committee could understand it.                                
                                                                               
Mr. McDowell said he would like to refer to the old area                       
cost differential.  The way the costs were incurred was the                    
basis.  The other difference was that in the old formula the                   
area cost differential was applied to everything across the                    
board.  However, this study says that is not the way the                       
costs are incurred.  The differential they applied was only                    
to the portion being spent on NPS statewide.  For instance,                    
in the Kenai district, the area cost differential was no                       
longer based on the price of a loaf of bread, but rather on                    
the per student cost being spent on the students in the NPS                    
category.                                                                      
                                                                               
Senator Torgerson said the criticism regarding the area cost                   
differential under the old study.  However, in the draft                       
report, there was a conflict noted that his district was                       
having a difficult time understanding.  He asked                               
specifically about a 1.249 figure that was not reflected in                    
the bill.  That figure was 1.004 and Senator Torgerson                         
wanted this explained on record.                                               
                                                                               
Mr. McDowell asked Mr. Teal to respond because he thought it                   
involved the sites factor.  Mr. Teal explained the numbers                     
and said even though they were different they gave the same                    
result.  This work was done in consultation with the                           
Legislative Budget and Audit committee.  They felt if they                     
separated the figures out they could get more information                      
and be able to see the difference in administrative and NPS                    
services.  He referred to their report of 12 February 1998.                    
They were then asked to work with Senator Gary Wilken to put                   
together a simple bill.  There was no way, however, to call                    
the system simple.  He explained it to the superintendent in                   
Kenai and felt it was understood.                                              
                                                                               
Mr. McDowell further explained that included in the draft                      
and the summary there were three reports:  draft, summary                      
and final.  In the draft there were three cost factors:                        
instructional, administration and NPS.  After investigating                    
these three factors, they found those three cost factors                       
were wildly different in their behaviour based on school                       
size and district size.  That is why it was recommended to                     
separate them.  The second level in the summary, for                           
simplicity, was instructional (based on size) and then they                    
combined administration and NPS and came up with the area                      
cost differential.  The third level, which will be in the                      
final, was down to one number, called district cost                            
differential.  Their recommendation was to continue to track                   
data by these three factors so better decisions could be                       
made on what the proper allocations for each district should                   
be.                                                                            
                                                                               
Senator Adams referred again to the area cost differential.                    
He said REAA's could not support extra funding in the same                     
manner as boroughs and cities.  He asked if the McDowell                       
Study locked the inequity of the area cost differential into                   
any future formula?  Mr. McDowell said one of the biggest                      
questions was what about a district that does not have the                     
capability to generate a significant local share compared to                   
someone else that has plenty to chip in.  By allocating what                   
one was really spending would that give them more?  He felt                    
that the answer was "no".  It was not the amount that was                      
spent but rather how it was spent.                                             
                                                                               
Senator Adams asked if money was being shifted from an area                    
cost differential to school size?  Mr. Teal said that cost                     
differential was higher than it used to be.  He agreed that                    
size factor affected districts.  However, he felt there was                    
truth in both arguments that urban says rural gets more                        
money and rural says urban gets more money.  He could not                      
answer further.                                                                
                                                                               
Senator Adams asked, with that answer, would he work a                         
foundation formula utilizing this study?  Mr. Teal responded                   
saying he did not get to vote on this matter, but said he                      
would ask for a higher differential.  He reiterated that                       
rural districts do come out with higher district cost                          
factors.  He noted there were further provisions in SB 36                      
that the study did not address that affect the districts in                    
Senator Adams' area.                                                           
                                                                               
Senator Adams asked if the report was slanted because of the                   
way the RFP was written to take in size and location rather                    
than the basic need of funding education throughout the                        
State of Alaska?  Mr. Teal said he did not agree because                       
they were not asked to determine basic need.  Rather they                      
were asked to reallocate basic need.  This would make it                       
appear as though the report would take from one district and                   
give to another.  He said they had nothing to do with the                      
amount of money the legislature appropriated nor do they                       
have anything to say about the local contributions and the                     
treatment of PL874 or the way in which correspondence                          
students and special education is funded.  The RFP only told                   
them to look at size and location, which are only two of the                   
many factors that are included.  It was their own look at                      
funding communities that caused them to propose going to                       
school level instead of funding community.                                     
                                                                               
Senator Adams asked for a definition of what the study said                    
about "basic need".  Mr. Teal said "basic need" was based on                   
mathematical or legal terms.  It has nothing to do with                        
quality and how a student will be educated.  In referring to                   
the formula from the Department of Education he quoted:                        
"Basic need equals instructional units times an area cost                      
differential times sixty-one thousand dollars."  That has                      
nothing to do with the quality of education nor what it                        
takes to educate a student.  It only has to do with how much                   
money is going to be appropriated.  Senator Adams said                         
"basic need" was the amount of money needed to provide                         
education for all children in Alaska.  He also said he                         
differed with some of the disclaimers in the study.  He said                   
there was no equity or fairness.                                               
                                                                               
Mr. McDowell finalized his presentation.  He said he was                       
born, raised and educated in Haines, Alaska and had                            
travelled the State of Alaska extensively during the past                      
twenty-five years.  This had been one of his most difficult                    
assignments because they were the first to base a suggested                    
allocation method on what it actually cost to operate                          
schools.  He thanked the committee for their cooperation and                   
said he hoped they had been able to help take a giant step                     
towards a soundly based system for allocating funds for                        
public education.                                                              
                                                                               
Co-chair Sharp thanked Mr. McDowell for the group's time and                   
effort.  He said the study was long overdue.                                   
                                                                               
(10:00 a.m. - 10:10 a.m.  at ease)                                             
                                                                               
                                                                               
Co-chair Sharp gavelled the meeting back to order.                             
                                                                               
Co-chair Sharp indicated that he would entertain amendments                    
from members in his office no later than 3:00 p.m. today.                      
If the calculation of the State distribution of school funds                   
are changed they would ask the Department of Education to                      
run the new CS as amended and then begin again tomorrow                        
morning with the results of whatever the amendments might                      
be.  The meeting would continue again at 4:30 p.m.                             
                                                                               
Richard Cross, Deputy Commissioner, Department of Education                    
was invited to join the committee.  In response to a                           
question by Senator Phillips he said due to the complexity                     
of the amendments he does not know how the figures may or                      
may not change.  They had not been asked to do a fiscal note                   
yet to the new CS.  Co-chair Sharp said he would make any                      
amendments available to the department immediately after                       
3:00 p.m. and he would also distribute them to committee                       
members.                                                                       
                                                                               
Senator Adams, noting disparity on PL874 asked for an                          
opportunity to seek legal testimony.                                           
                                                                               
Mr. Cross thanked the co-chair and said they would make                        
every effort to be ready for the 4:30 p.m. meeting.                            
                                                                               
                                                                               
ADJOURNMENT                                                                    
                                                                               
Co-chair Sharp recessed the committee at 10:15 a.m. until                      
4:30 p.m.                                                                      
                                                                               
SFC-98 -9- 3 March 1998                                                        

Document Name Date/Time Subjects