Legislature(2019 - 2020)BELTZ 105 (TSBldg)
04/10/2019 01:30 PM Senate JUDICIARY
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| Start | |
| SJR9 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 9 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 10, 2019
1:33 p.m.
MEMBERS PRESENT
Senator Shelley Hughes, Chair
Senator Lora Reinbold, Vice Chair
Senator Peter Micciche
Senator Jesse Kiehl
Senator Mike Shower
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 9
Proposing amendments to the Constitution of the State of Alaska
relating to an appropriation bill funding public education for
grades kindergarten through 12.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SJR 9
SHORT TITLE: CONST.AM: APPROP. BILL FOR PUBL EDUCATION
SPONSOR(s): SENATOR(s) COSTELLO
03/06/19 (S) READ THE FIRST TIME - REFERRALS
03/06/19 (S) EDC, JUD, FIN
03/14/19 (S) EDC AT 9:00 AM BUTROVICH 205
03/14/19 (S) Heard & Held
03/14/19 (S) MINUTE(EDC)
03/29/19 (S) EDC AT 9:00 AM BUTROVICH 205
03/29/19 (S) Moved SJR 9 Out of Committee
03/29/19 (S) MINUTE(EDC)
04/01/19 (S) EDC RPT 3NR 1DP
04/01/19 (S) NR: STEVENS, BIRCH, HUGHES
04/01/19 (S) DP: COSTELLO
04/10/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR MIA COSTELLO
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as sponsor of SJR 9.
TOM WRIGHT, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
presentation of SJR 9.
WILLIAM MILKS, Attorney
Labor & State Affairs
Civil Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered constitutional questions during the
hearing on SJR 9.
LISA SKILES PARADY, Ph.D.
Executive Director
Alaska Council of School Administrators (ACSA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
NILS ANDREASSEN, Executive Director
Alaska Municipal League (AML)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion on SJR 9 on
the importance of early funding and stability in funding.
TOM KLAAMEYER, Teacher; Vice-President
National Education Association, Alaska
Eagle River, Alaska
POSITION STATEMENT: Testified in support of SJR 9 to provide
stability for school funding.
SHAWN ARNOLD, Superintendent
Valdez City Schools;
President-Elect
Alaska Superintendents Association
Valdez, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
JIM ANDERSON, Chief Financial Officer
Anchorage School District
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SJR 9.
DAN CARSTENS, President
Alaska Association of Secondary School Principals;
Principal
Nikiski High School
Nikiski, Alaska
POSITION STATEMENT:
ACTION NARRATIVE
1:33:26 PM
CHAIR SHELLEY HUGHES called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Reinbold, Kiehl, and Chair Hughes. Senators
Shower and Micciche arrived as the meeting was in progress.
SJR 9-CONST.AM: APPROP. BILL FOR PUBL EDUCATION
1:33:43 PM
CHAIR HUGHES announced that the only order of business would be
SENATE JOINT RESOLUTION NO. 9, Proposing amendments to the
Constitution of the State of Alaska relating to an appropriation
bill funding public education for grades kindergarten through
12.
1:34:49 PM
SENATOR MIA COSTELLO, Alaska State Legislature, Juneau, as
sponsor of SJR 9, stated that this resolution is a
constitutional Amendment that would fund education early during
the legislative session. She paraphrased the following sponsor
statement:
State statute, AS 14.14.060(c), requires school
districts to submit their funding requests to their
municipal governments by May 1st. However, municipal
ordinances vary in the date in which school districts
must submit a budget, varying from March 1 to early
May. Typically, the Legislature passes the operating
budget, containing K-12 funding, anywhere from mid-
April to late May. The passage of the budget at such
late dates causes uncertainty for school districts as
they develop their budgets. In most instances, this
uncertainty forces school districts to have to issue
pink slips to educators then rehire them once the
educational funding is finalized by the Legislature.
Not only are the school districts impacted,
municipalities and local government officials also
bear the brunt of this uncertainty when attempting to
develop their budgets.
Senate Joint Resolution 9, would require, if approved
by the Legislature and the voters, a separate
appropriation bill funding K-12 education to be passed
by the 45th day of each regular session. This change
occurs within Article 9, Section 12 of the Alaska
Constitution.
SENATOR COSTELLO identified one of the problems Alaska currently
has is the churning of talented teachers who come to teach in
schools, but within the first year they are given pink slips.
1:35:59 PM
SENATOR COSTELLO explained that SJR 9 could save $20 million by
funding education earlier in the year. This figure also includes
the school districts' costs to train teachers. She said that
rural districts have reported that losing teachers is
significant for students because teachers are coming and going
each year. The legislature has a role to create more stability,
she said. The testimony given by teachers at a hearing before
the Senate Education Standing Committee related that teachers
are hired, work one year, then they receive pink slips, and must
move. This resolution would pass the education funding within
the first 45 days of the legislative session. However, it does
not set a certain level of funding for education.
1:37:25 PM
TOM WRIGHT, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, referred to a legal memo from Legislative
Legal Services in members' packets that discusses the reason the
sponsor chose to introduce a constitutional amendment rather
than a statute change.
MR. WRIGHT said that some efforts have previously been made to
address education funding. He referred to a memo from Meera
Caouette, Legislative Legal Services, dated February 19, 2019,
that indicates legislative entrenchment, or binding one
legislature to another, is prohibited by the U.S. Supreme Court
and the Alaska Supreme Court (ASC). This constitutional
amendment was drafted as a result. He has also researched early
educational funding and although many bills have been introduced
none were successful.
MR. WRIGHT said that SJR 9 would require a separate
appropriation bill to fund K-12 public education. It would
require the legislature to pass an appropriation bill and
transmit it to the governor by the 45th day of each regular
legislative session. Currently, school districts by statute are
required to submit their budgets to municipal governments by May
1, although the dates vary from March 1 to sometime in May,
depending on the municipal ordinance. He said that the
legislature typically passes its operating budget from mid-April
to late May. However, passage of the operating budget after May
1 would create uncertainty for school districts and also for
municipalities. This uncertainty forces school districts to
issue pink slips to tenured teachers if the budget is not
finalized by May 15 and non-tenured pink slips on or before the
last day of school per AS 14.21.040. An Institute of Social and
Economic Research (ISER) study shows the turnover rate
throughout communities in Alaska. This study quantifies the
turnover rate for rural areas at over 30 percent, hub
communities at 22 percent, and more populated areas at 14-16
percent.
He said that the Institute of Social and Economic Research
report indicates high teacher turnover hurts student
achievement. The latest figures from the NEA [National Education
Association] indicated that of the approximately 8,900 teachers
in the state, turnover was approximately 1,000 teachers per
year. The cost to train teachers is approximately $20,000 per
teacher or $20 million per year.
MR. WRIGHT said that SJR 9 would also solve uncertainty in the
municipal budget process. He referenced numerous e-mails and
letters of support in members' packets from school districts and
organizations, including the Alaska Council of School
Administrators, the Association of Alaska School Boards, and
NEA. Passage of SJR 9 would also help alleviate any end of
session negotiations, he said.
1:42:29 PM
CHAIR HUGHES asked for further clarification how many teachers
are in Alaska.
MR. WRIGHT answered 8,900.
CHAIR HUGHES related her understanding that turnover rates can
be as high as 100 percent turnover or even higher in school
districts if a teacher does not stay for the full academic year.
She referred to page 2 of the Legislative Research Services
paper dated March 11, 2019, by Chuck Burnham, Manager, which
asked, "Do any states have constitutional provisions requiring
the passage of state K-12 funding measures by a specific date?"
The agency's response was, "We located no state constitutional
provisions that require school districts to submit a budget to
local governments by a certain date." She recalled that she may
have been the one who asked that question. However, what she
really would like to know is whether any states have adopted any
constitutional provisions, such as this one, requiring the
legislature to pass K-12 funding by a certain date.
MR. WRIGHT answered that he also posed that question to the
Legislative Research Services. The agency could not find any
other states that had that requirement.
CHAIR HUGHES wondered if other states have the same pink slip
problem or how they have avoided it.
MR. WRIGHT said he did not know.
CHAIR HUGHES said that the representatives from the Department
of Education and Early Development (DEED) in the audience were
nodding their heads no. She commented that it would be helpful
to find out how other states have addressed this issue.
1:44:53 PM
SENATOR REINBOLD remarked that she abhors how teachers are
"politicized." She recalled that she offered an amendment on the
House floor several years ago to the operating budget that would
have prioritized teacher layoffs and cuts last. However, the
floor amendment did not pass, although it failed by a small
margin. She asked whether local school boards can currently
prioritize teacher [layoffs].
MR. WRIGHT deferred to the Alaska Council of School
Administrators or the Association of Alaska School Boards.
SENATOR REINBOLD expressed concern that constitutional
amendments could take years to approve. She offered her belief
that funding for teachers should have priority and an amendment
to the budget is needed.
MR. WRIGHT related that the sponsor considered a number of ways
to address this issue. He offered his belief that the problem is
related to state and municipal funding. It would not address the
issue if the state held teachers until July and then gave them
pink slips.
SENATOR REINBOLD asked whether teacher's contracts require them
to be notified.
MR. WRIGHT referred again to the statutory language for
notification of non-tenured and tenured teachers.
SENATOR REINBOLD related her understanding that it would be
possible to address prioritizing teacher layoffs by statute.
MR. WRIGHT agreed it is possible, but the issue was predicated
on funding. At some point, teachers need to know if they have
jobs, so they can look for other jobs in Alaska or out of state
if they receive pink slips.
1:48:37 PM
SENATOR KIEHL reiterated that May 15 is the statutorily required
date for tenured teachers to receive layoff notices. He agreed
that teachers must be given time to seek employment
opportunities if the state is not going to fund their positions.
He remarked that he likes the concept of SJR 9. He related his
understanding that the legislature must pass a bill by the first
week of March.
MR. WRIGHT agreed.
1:49:22 PM
SENATOR KIEHL recalled that municipal school districts must
submit their budgets to the assemblies by May 1. He asked how
the process would work during the two months between the
legislature finishing its funding and school districts
submitting their budgets to the municipal assembly.
MR. WRIGHT deferred to Dr. Parady. He said that the deadlines to
submit school district budgets to municipalities vary between
districts. For example, the deadline in Juneau is April 5th,
Anchorage is the first Monday in March, the Mat-Su is the last
Tuesday in March, he said.
1:50:29 PM
SENATOR KIEHL asked whether it would be more efficient if the
funding was advance funding for one year ahead rather than early
in the legislative session to give school districts and
municipalities some additional planning time.
SENATOR COSTELLO responded that the timing of education funding
across the legislative narrative has depended on the priority of
the individual legislature. She pointed out that the legislature
forward funded education this year and yet issues still exist.
1:51:31 PM
SENATOR SHOWER joined the meeting.
1:51:38 PM
SENATOR COSTELLO pointed out that although she has previously
supported forward funding for education, it would not address
the delay in funding that districts experience. Typically,
education funding is either fully funded or the legislature adds
funding. However, putting an end to the havoc in the schools is
more valuable than any last-minute negotiations that might take
place. She reiterated that SJR 9 would not affect the level of
funding but only the timing.
1:52:45 PM
CHAIR HUGHES expressed concern about a separate appropriation
bill solely for education since the state must fund many other
important functions, including public safety. This committee has
spent significant time on how to reduce crimes in Alaska and to
ensure that law enforcement, prosecutors, and the courts have
adequate tools. The state is currently experiencing a time of
limited revenues, she said.
1:53:14 PM
SENATOR MICCICHE joined the meeting.
1:53:24 PM
CHAIR HUGHES said if this proposal were in the Constitution of
the State of Alaska that she could support forward funding since
it would not entrench future legislatures. It would be part of
the whole process to ensure adequate funds are available for
public safety, and road maintenance. It would eliminate the
problem because the schools would know the funding a year in
advance. The trick would be the transition since it would
require funding two years of education in one budget cycle.
However, she could still support that because it would take into
consideration all of the different obligations of the state. She
suggested that the legislature might fund things differently
when all things are considered together.
SENATOR COSTELLO pointed out that SJR 9 only pertained to early
funding. She acknowledged the point that the state has other
important responsibilities, so she would not be averse to having
the entire budget passed in the first 45 days of the legislative
session. Nor would she object to a biennial budget, in which the
legislature funds government in one year and works on
legislation the next, she said.
She pointed out one difference is that police officers and
troopers are not "pink slipped." One of the things the committee
will find, based on the testimony presented today, is that the
delay in education funding is damaging and devastating to the
state. In order to improve student results in Alaska's schools,
schools must have qualified, dedicated, and prepared teachers in
front of the students. This is one of the main indicators of
success for students, she said. Essentially, the state allows
1,000 professionals to leave school districts, she said. She
said that she speaks from the perspective of a parent, a product
of the Anchorage School District, and as a former teacher who
taught in three school districts. Further, she also has family
members who are in classrooms.
She said she shares Senator Reinbold's frustration with teachers
receiving pink slips. She has previously introduced legislation
to address this issue, but the bill did not pass the
legislature. The state continues to work to improve classroom
results, so it would behoove the legislature to address the
timing of the education budget. That budget timing alone has
created tremendous issues for school districts. In fact, many
school districts prepare three budgets, one for full funding,
one for additional funding, and one for reduced funding, which
means the districts are essentially writing budgets in the dark.
Further, teacher dissatisfaction is significant. She related
that her sister-in-law was a first-year teacher in a rural
community who received a pink slip. She wondered if she was let
go because she was not a good teacher. She said she told her
that the reason she was pink slipped is that is what happens in
Alaska.
SENATOR COSTELLO stated that she initially had considered a
statutory remedy since passing a constitutional amendment is a
higher bar. She reiterated the vicious cycle that puts the
districts on hold when teachers are given pink slips, that
teachers take other jobs. At that point the hiring pool changes,
she said. This resolution would highlight the question of
whether it is worth creating the adverse childhood experiences.
1:59:18 PM
SENATOR KIEHL emphasized the importance of stabilizing education
funding and making it predictable. He asked for clarification on
how SJR 9 would interact with the confinement clause of the
Constitution of the State of Alaska. He wondered if it would be
confined to education or if it could have other appropriations
such as the supplemental funding for education. He wondered if
the legislature could provide early baseline funding and add
additional funding later or if this resolution would require all
of the education funding be passed at 45 days.
SENATOR COSTELLO answered that SJR 9 would not expand to other
issues. She offered her belief it would be possible to provide
early funding and subsequently add funding later. However, she
deferred to Legislative Legal Services to respond.
2:00:52 PM
SENATOR MICCICHE related his understanding that this resolution
would require transmitting an education appropriation bill to
the governor by the 45th day of the legislative session. He
wondered if the sponsor has considered other mechanics for
passage of the bill. He could envision some funding being
redlined and perhaps a veto override process that might stretch
beyond 90 days.
SENATOR COSTELLO answered that this resolution would not change
the governor's power to veto or the ability of the legislature
to override the governor's vetoes. She maintained her interest
in starting the discussion earlier in the legislative session.
2:02:08 PM
SENATOR SHOWER said he understands part of the problem that [SJR
9] would address is the wild spending swings in education. In
reviewing the broader scope, he acknowledged that the
legislature has also been considering a suite of constitutional
amendments, including SJR 6, to address a constitutional
spending limit. He wondered if constitutional changes to the
permanent fund structure this year were to pass, whether it
would provide the necessary stability for educational funding.
If so, SJR 9 might not be needed, he said. He wondered if deeper
structural problems may exist that are causing pink slips to be
issued, which causes a reaction.
SENATOR COSTELLO responded that she participated in the Senate
Finance Committee when the Percent of Market Value legislation
was heard. That bill passed the legislature and established a
structured draw designed to assure that savings grow without
spending more than the state earns, which she supports. Instead,
this is a timing issue, she said. She did not believe that this
approach would address this issue. The timing issue has fiscal
impacts, whereas the other issues do not have fiscal
ramifications that require laying people off due to the timing
of the bill, she said.
2:04:55 PM
SENATOR SHOWER said he was contemplating the effect of the
legislature being held to a 90-day session. However, he decided
to further contemplate the timing issue.
CHAIR HUGHES suggested that the legislature could convene in
November and take a Christmas break and pass the entire budget
[earlier].
CHAIR HUGHES said she liked the idea of a biennial budget
process for advance planning. She reiterated her request to
determine if other states have the same timing problem, and if
not, how they avoid educational funding issues. Further, she
asked the sponsor to consider a constitutional amendment for
forward funding, so education could be part of the entire budget
process. For example, if such a change were in place this year,
the legislature would consider the FY 2020 funding for public
safety and transportation along with all the other state
responsibilities. At the same time, the legislature would
consider education funding for FY 2021, she said. She asked
whether the sponsor would consider this proposal in lieu of SJR
9. She expressed concerned about teasing this out when the
legislature does not know its other obligations.
SENATOR COSTELLO added that the budgetary questions do not
change between the 45th, the 90th, or the 120th day. She said
that SJR 9 would move the funding decision to an earlier
timeframe. As far as being open to changing the language in the
resolution, it is up to the will of the committee, she said. She
expressed a willingness to hold discussions on other ideas to
address the issue.
MR. WRIGHT said that even if the legislature prepared a biennial
budget, the first year would still have uncertainty about
funding.
CHAIR HUGHES explained that her suggestion is to put it in the
Constitution of the State of Alaska so that every year the
legislative budget process would be working one year ahead.
MR. WRIGHT acknowledged her suggestion. His point was related to
the earlier discussion of potential issues for education funding
in a biennial budget process.
2:09:43 PM
WILLIAM MILKS, Attorney, Labor & State Affairs, Civil Division,
Department of Law, Juneau, related his understanding that the
question is whether this is appropriate as a constitutional
amendment. Other constitutional amendments have been proposed
this legislative session. One question that arises is whether it
is appropriate to change the Constitution of the State of Alaska
by a resolution, an amendment, or if the change is so
substantial it would be considered a revision by the Alaska
Supreme Court and require a constitutional convention.
MR. MILKS stated that the Department of Law has reviewed SJR 9
and believes it is appropriate. As the sponsor described SJR 9,
it would amend Article IX, Section 12, which is the budget
provision of the Constitution of the State of Alaska, to provide
for a separate appropriation bill for education. It further
would provide a timeline for the legislature to enact that
resolution. He reiterated that in the Department of Law's view,
SJR 9 would not propose a sweeping change in the constitutional
framework that would trigger a revision.
2:11:14 PM
SENATOR MICCICHE asked whether it would be viewed in the same
way if a year of forward funding was included in the resolution.
MR. MILKS answered that the department limited its review to SJR
9, so if SJR 9 were to change, the department would need to
consider the specific language and facts. He clarified that the
budget article in the Constitution of the State of Alaska
already requires an appropriation for general spending. This
resolution would add a second one for the subset of education,
he said.
CHAIR HUGHES requested that the Department of Law consider
whether forward funding education would pose any constitutional
issues.
2:12:24 PM
SENATOR KIEHL expressed his concern about the confinement clause
and asked whether SJR 9 posed any issues.
MR. MILKS responded that SJR 9, as currently drafted, would
require an additional appropriation bill each year for
education. However, it would not change the powers of other
branches of government. It would also provide a timeframe. He
concluded that it seemed to meet the Bess v. Ulmer test as an
appropriate amendment to the Constitution of the State of
Alaska, he said.
2:13:40 PM
SENATOR MICCICHE recalled last year a forward funding bill
passed the legislature. The Constitution of the State of Alaska
talks about the appropriation power of the legislature, that it
cannot be bound by future legislatures. However, it does not
speak to the appropriation power of the governor. He said that
the legislature can change any bill at will, so future
legislatures would not be bound. He expressed interest in the
Department of Law's interpretation on whether that would change
if the provision were in the Constitution of the State of Alaska
instead of in statute. It is one reason why it may be
problematic to put forward funding in the constitution, he said.
MR. MILKS agreed to do so. He recapped the questions, that the
sponsor described [SJR 9] as not affecting other constitution
powers. Second, he was interested in whether forward funding
would cause any other constitutional issues.
CHAIR HUGHES asked whether the administration supports SJR 9.
MR. MILKS responded that he cannot speak to that.
2:16:18 PM
LISA SKILES PARADY, Ph.D., Executive Director, Alaska Council of
School Administrators (ACSA), Juneau, said that the ACSA
represents the Alaska Superintendents Association, the Alaska
Association of Elementary School Principals, the Alaska
Association of Secondary School Principals, and the Alaska
Association of School Business Officials, and all school
administrators. She said that the ACSA supports SJR 9 because it
would result in early funding notification for K-12 education.
MS. PARADY said that the Alaska Council of School Administrators
(ACSA) undertakes a several month process to identify key policy
positions for the legislature's consideration. The organization
prepares joint positions to inform the legislature on issues it
believes are the most important ones in education. Two of the
highest ranked position statements are, first, that the state
provides timely, reliable, and predictable revenue for schools,
funding the true cost of education in all districts. The ACSA
would like the legislature to provide full funding for
initiatives, laws, and mandates that require additional
services. Early notification of funding is crucial to sound
financial management as well as recruitment and retention of
quality educators.
She said that the second ACSA priority is preparing, attracting,
and retaining qualified educators. She said that retaining
effective educators and leaders is essential to closing
achievement gaps and increasing student performance in all
subjects across all grade levels. She indicated that of the
myriad of issues in education, those two issues rise to the top
as priorities for the ACSA.
DR. PARADY acknowledged that the sponsors, the members, and
educators must collectively be focused on those two issues. She
said that the ACSA is focused on stability. The state faces an
education shortage in Alaska that has not previously occurred in
the history of Alaska. The national education shortage is as
prevalent. She said the ACSA had a robust discussion in the
Senate Education Standing Committee about whether teacher
shortages are happening in the Lower 48 or if this issue is
confined to Alaska. She confirmed that it is a national crisis.
Typically, Alaska's position is worsened because the state
relies so heavily on recruiting educators from the Lower 48, she
said.
She provided some figures, including that currently the state
has a 25 percent teacher turnover rate and a 26 percent
principal turnover rate throughout Alaska, but it is highest in
rural areas. In fact, it can reach 100 percent staff turnover.
As previously stated, student achievement is tied to having
quality teachers in the classroom, followed by having principal
continuity. This highlights the need for the state to do
whatever it can to stabilize the school districts.
2:21:05 PM
DR. PARADY reported that superintendent turnover in Alaska in
the last four years is over 70 percent. The ACSA views SJR 9 as
a means to help stabilize schools. She pointed out that the
legislature requires school districts to be accountable.
However, as previously mentioned, ISER indicates that it costs
districts $20,000 for each teacher turnover and $75,000 for
principals. She emphasized that she shares these figures because
it adds another element of importance to stabilize school
district funding. The districts want all of the funding to flow
to the classroom, she said.
She explained the process, that school districts start their
recruitment in early spring since the districts struggle to
staff their classrooms. She said that stable funding for school
districts is essential, which is why SJR 9 would have a
substantial positive impact on K-12 school districts throughout
the state. It would bring certainty, stability, and budget
planning. It would eliminate the nonproductive work of preparing
various budget scenarios while education funding is debated to
the bitter end of the legislative session. As Senator Shower
mentioned, it is an age-old problem. The legislature wants the
schools to be productive and in order to do so, they must have
stable funding.
DR. PARADY said that some members are online to provide more
detail. As previously mentioned, the timing of signing contracts
for tenured teachers is May 15 and at the end of the school year
for nontenured teachers. She emphasized the need to tell quality
educators that they have jobs, so they do not leave. While some
issues related to teacher retention are not relevant to SJR 9,
it would provide the needed budgetary stability. In closing she
indicated that the ACSA supports SJR 9.
2:25:04 PM
CHAIR HUGHES asked her earlier question, whether other states
are facing similar problems.
DR. PARADY said that she works with the Northwest Regional
Education Lab, a federal lab that receives funding to support
the Northwest region. She said that the organization is working
to address the educator shortage that everyone in the U.S.
faces. Although she did not have specific information on these
states, she was aware that Washington increased their teachers'
salaries.
CHAIR HUGHES asked to hone on the issue related to pink slips
rather than on teacher shortages.
DR. PARADY offered to research it and report back to the
committee.
2:26:34 PM
SENATOR MICCICHE asked what happens in other jurisdictions in
terms of teacher [pink slips] and the level of salaries and
benefits. He hoped to use this information as a tool for hiring
and retention. He understood that these vary in other states,
but he would like to determine the extent of the obstacle.
DR. PARADY offered to provide the information to the committee.
2:27:17 PM
SENATOR SHOWER acknowledged that the state has constitutional
and statutory obligations to provide education. The timing seems
critical, so he currently supports SJR 9. In terms of funding,
he recalled the lack of tenure. He suggested that the youngest
teachers coming in are likely the ones who are cut first. It
seems that the districts would want to keep them. He asked the
percentage of [tenured versus non-tenured teachers] who are
affected.
DR. PARADY related her understanding that he is speaking of
tenured versus non-tenured teachers. She responded that 30
percent of the teachers who are not retained are non-tenured.
These are the teachers who receive notification or pink slips on
the last day. She acknowledged that some of these teachers are
fantastic teachers who are energetic and resourceful that the
districts would like to retain. These teachers can leave and
work anywhere.
2:29:28 PM
NILS ANDREASSEN, Executive Director, Alaska Municipal League
(AML), Juneau, spoke on the importance of early funding and
stability in funding. The National Conference of State
Legislatures (NCSL) notes that states bear the burden of
ensuring a statewide education finance system is founded on
sound governance principles. According to NCSL a sound state
school finance system promotes predictability and stability of
education revenues and expenditures over time.
He referred to an earlier question on how other state
legislatures approach funding. He did a quick review and found
that many other legislatures adjourn in April, May, June, and
July. He surmised these jurisdictions must similarly struggle
with these issues. He offered to ask his counterparts in leagues
throughout the nation.
Every state constitution contains a clause that requires that
the state must provide a system of free public education. The
Alaska Municipal League (AML) has been a strong proponent of
forward funding, early funding of education budgets, including
support for school bond debt reimbursement and school
construction. In 2006 and 2007, the AML adopted resolutions
advocating for stable and predictable funding. Since then the
AML's position statements have reflected its support for early
funding to give school districts the lead time needed to recruit
and retain qualified and high performing teachers. The AML is
opposed to decreasing funding for schools since dramatic shifts
in funding levels or timing creates havoc for districts to
implement programs, and because it also leads to deferred
maintenance on school facilities.
MR. ANDREASSEN urged that something must be done to find
solutions that are predictable and sustainable. These solutions
cannot come at the cost of student achievement and should be
implemented over time and correspond to local conditions,
planning, and negotiated agreements.
He said that passing SJR 9 is a critical step for school
districts to improve educational attainment in Alaska. It would
allow municipalities to plan and budget accordingly, especially
since local taxes can shift. This resolution would improve the
quality of the local contribution by building in this
responsiveness. In FY 2017, local governments contributed $486
million to school districts, or 40 percent of the state
contribution toward its constitutional obligation to provide
public education. In addition, federal impact aid, a form of
local contribution, added millions to the total. Local
contributions can be more effective when the state's support is
predictable and identified early enough in the planning process
for local governments to effectively plan. In closing, he said
that AML applauds this effort to improve the timeliness of state
decision making as it relates to education in Alaska.
2:33:27 PM
TOM KLAAMEYER, Teacher; Vice-President, National Education
Association, Alaska (NEA Alaska), Eagle River, spoke in support
of SJR 9 since it creates the additional stability and certainty
for students, educators, and the families who depend on the
public schools every day. Stability improves student outcomes.
As a social studies teacher at the Eagle River High School, he
also serves as the president of the Anchorage Education
Association. He spoke on behalf of the NEA Alaska. Educators
includes not only teachers, but the administrators, bus drivers,
cafeteria workers, and nurses who work in the school community
to nurture its students.
2:36:10 PM
MR. KLAAMEYER thanked the sponsor and the committee for its
efforts and support. As teachers and professionals, student
learning is the focus and top priority. He emphasized the
importance of having well-trained, highly qualified teachers in
the classroom, in conjunction with other support staff including
teacher assistants, counselors, and school psychologists. He
emphasized this is key to their success. This helps develop
trust.
He expressed concern with the current system, which creates an
annual element of disruption during the legislative budget
process. The Anchorage School District cannot generate revenue
but relies on the state funding. The ASD's deadline to submit
its budget to the municipality is in March, which means the
state budget decisions for education are out of synch with the
local process. Last year, the bipartisan effort created
temporary forward funding. Educators are scared about class
sizes, jobs, families, and pink slips. Seven former teachers of
the year wrote an opinion published in the Anchorage Daily news
recently that illustrates the problems teachers face in Alaska
as compared with other states. Alaska is the only state without
a defined benefit program, he said. He shared anecdotes that
highlighted the problems, including that the Anchorage School
District has eighty openings with no applicants. The five-year
attrition rate is 50 percent in Anchorage. In closing he offered
the NEA Alaska's support for SJR 9.
2:41:40 PM
SENATOR MICCICHE asked for verification that Alaska is the only
state without a defined benefit plan.
2:42:35 PM
SENATOR SHOWER responded that he has not seen any willingness
[by NEA Alaska] to work to reduce school districts or buildings.
He emphasized that the legislature wants educators to have
stability, but it needs NEA and other groups to help find
solutions and efficiencies. He understands that the issues are
complicated, but he has not found a cooperative environment.
MR. KLAAMEYER said he and Mr. Parker are willing to engage in
conversations to improve student outcomes.
2:45:28 PM
CHAIR HUGHES stated that she welcomes the public to submit
written comments to senate.judiciary@akleg.gov.
2:46:02 PM
SENATOR KIEHL said that returning to a defined benefit system
would lower the upfront cost and keep costs neutral in the long
term. He commented that it provides efficiency in the system.
2:46:35 PM
CHAIR HUGHES opened public testimony on SJR 9.
2:46:43 PM
SHAWN ARNOLD, Superintendent, Valdez City Schools; President-
Elect Alaska Superintendents Association, Valdez, spoke in
support of SJR 9. He echoed the importance of predictable
funding, timely, and reliable funding, which is crucial to sound
financial management and recruitment and retention of quality
educators. As Dr. Parady previously mentioned, this is the key
component in their 2019 joint statement. He emphasized that
school districts cannot operate efficiently and effectively
without knowing revenue for the school year. As a school
superintendent, he said that his goal is to provide a globally
competitive education to enable students to be successful. His
school district must submit its budget to the local municipality
by May 1. The district prepares four budgets to be prepared for
any outcome. Although the district has hired its teachers for
next year, it is possible the district would need to spend its
reserves to make up any difference.
He urged members to consider timely, reliable, and predictable
funding for K-12 school districts to create stability and
improve student outcomes.
2:50:15 PM
JIM ANDERSON, Chief Financial Officer, Anchorage School
District, Anchorage, spoke in support of SJR 9 in order to
provide timely, reliable, and predictable funding throughout
Alaska. He indicated that several years of flat funding is
taking its toll on the school districts' ability to retain
talented teachers, implement programmatic changes and to focus
on student needs and outcomes. It is challenging to create a
multi-year strategy to improve student outcomes when the
districts' administrators do not know the level of funding the
districts will receive 45 days prior to the beginning of the
school year. For example, implementing curriculum changes
requires professional development to improve the level of
instruction. Further, continually assessing data for student
outcomes requires predictable resources. He reiterated the
deadline for budget submittals to the Anchorage Assembly is
March 1. Last January, the district felt confident it would not
need to issue pink slips in May due to forward funding that
passed in House Bill 287. In fact, for the first time in three
years, the school district was able to keep the same pupil to
teacher ratio. However, without any certainty of the district's
budget, by statute the district must issue pink slips to tenured
teachers in 34 days and to non-tenured teachers in 42 days. He
said that historically 10 percent of the teachers who receive
pink slips either leave the state, take a job in another
district, or are no longer available for hire. The Anchorage
School District enjoys some economies of scale, such that 79.3
percent of spending is for instruction. At this point, any cuts
are cuts to teachers. He urged the committee to strongly
consider SJR 9. Alaska's children are its most precious
resource. Any failures to educate students are often not
apparent for eight or nine years, he elaborated. "Their future
is our future," he said.
2:56:18 PM
DAN CARSTENS, President, Alaska Association of Secondary School
Principals; Principal, Nikiski High School, Nikiski, spoke in
support of SJR 9. Currently, the school district cannot offer
contracts to five non-tenured teachers. These five teachers are
ones who give "above and beyond." He characterized them as "some
of our best and brightest." It is hugely important to keep this
generation of teachers to avoid gaps when other teachers retire,
he said. When teachers leave the area, they often do not return.
He emphasized that early education funding would help retain
teachers. He urged members to pass SJR 9 to allow the district
and schools to adequately plan and so it can retain its new
teachers.
2:59:04 PM
CHAIR HUGHES, after first determining no one else wished to
testify, closed public testimony on SJR 9.
2:59:29 PM
SENATOR MICCICHE said that he appreciated the sponsor bringing
SJR 9 forward. He acknowledged that education funding is a
primary issue that is exacerbated by challenging budgets and
Alaska's children are paying the price. He said that he supports
this approach. He said he has discussed this issue with Mr.
Carsens, who confirmed that the district works hard to bring
people into the district, but it is especially difficult to
retain them. Often times, these teachers prove during their one
year in the classroom that they are excellent teachers, which
makes it easier for them to find better jobs and pay elsewhere.
Alaska never gets them back, he said.
[SJR 9 was held in committee].
3:00:46 PM
There being no further business to come before the committee,
Chair Hughes adjourned the Senate Judiciary Standing Committee
meeting at 3:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR009A.PDF |
SJUD 4/10/2019 1:30:00 PM |
|
| Sponsor Statement-SJR 9.pdf |
SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 01_SJR9_EarlyEdFunding_BillText_VersionA.PDF |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 02_SJR9_EarlyEdFunding_SponsorStatement_13March2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 04_SJR9_EarlyEdFunding_FiscalNote01_DEED_Foundation.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 05_SJR9_EarlyEdFunding_FiscalNote02_DEED_PubEdFund.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 06_SJR9_EarlyEdFunding_Research_Constitutional References.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 07_SJR9_EarlyEdFunding_Research_AK Budget Passage History_22Jan2018.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 08_SJR9_EarlyEdFunding_Research_Ed Budget Timelines_11March2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 09_SJR9_EarlyEdFunding_Research_LAA Legal Memo_19Feb2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 10_SJR9_EarlyEdFunding_Research_CAEPR_Teacher Turnover Costs.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 11_SJR9_EarlyEdFunding_SupportLetter_Costello_Press Release_06March2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 12_SJR9_EarlyEdFunding_SupportLetter_ASCA_08March2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 13_SJR9_EarlyEdFunding_SupportLetter_AASB_11March2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SB 11 SJR 9 |
| 14_SJR9_EarlyEdFunding_SupportLetter_NEA_12March2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| 15_SJR9_EarlyEdFunding_SupportEmails_13March2019.pdf |
SEDC 3/14/2019 9:00:00 AM SJUD 4/10/2019 1:30:00 PM |
SJR 9 |
| SJR009A.PDF |
SJUD 4/10/2019 1:30:00 PM |
SJR 9 |