01/30/2008 08:00 AM Senate SPECIAL COMMITTEE ON EDUCATION
| Audio | Topic | 
|---|---|
| Start | |
| SB240 | |
| SCR15 | |
| Adjourn | 
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= bill was previously heard/scheduled
| *+ | SCR 15 | TELECONFERENCED | |
| *+ | SB 240 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
             SENATE SPECIAL COMMITTEE ON EDUCATION                                                                            
                        January 30, 2008                                                                                        
                           8:07 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Gary Stevens, Chair                                                                                                     
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Bettye Davis                                                                                                            
Senator Donald Olson                                                                                                            
Senator Gary Wilken                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 240                                                                                                             
"An Act relating to school  funding, the base student allocation,                                                               
district  cost   factors,  and  the  adjustments   for  intensive                                                               
services   and  average   daily   membership  calculations;   and                                                               
providing for an effective date."                                                                                               
     MOVED SB 240 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 15                                                                                             
Proposing an amendment to the Uniform Rules of the Alaska State                                                                 
Legislature relating to standing committees.                                                                                    
     MOVED CSSCR 15 (SED) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: SB 240                                                                                                                  
SHORT TITLE: EDUCATION FUNDING                                                                                                  
SPONSOR(S): SENATOR(S) STEVENS BY REQUEST OF JT LEG EDUCATION                                                                   
FUNDING TASK FORCE                                                                                                              
                                                                                                                                
01/18/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/08       (S)       SED, FIN                                                                                               
01/30/08       (S)       SED AT 8:00 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SCR 15                                                                                                                  
SHORT TITLE: AMEND UNIFORM RULES: STANDING COMMITTEES                                                                           
SPONSOR(S): SENATOR(S) STEVENS BY REQUEST OF JT LEG EDUCATION                                                                   
                         FUNDING TASK FORCE                                                                                     
                                                                                                                                
01/18/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/08       (S)       SED, STA                                                                                               
01/30/08       (S)       SED AT 8:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TIM LAMKIN, Staff                                                                                                               
Senator Stevens                                                                                                                 
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented an overview of SB 240                                                                           
                                                                                                                                
EDDY JEANS, Director                                                                                                            
School Finance                                                                                                                  
Department of Education and Early Development                                                                                   
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented overview of the education task                                                                  
force                                                                                                                           
                                                                                                                                
JOHN ALCANTRA, Government Relations Director                                                                                    
NEA-ALASKA (National Education Association-Alaska)                                                                              
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported SB 240 and SCR 15                                                                               
                                                                                                                                
MARY FRANCIS, Executive Director                                                                                                
Council of School Administrators                                                                                                
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 240                                                                                          
                                                                                                                                
BRUCE JOHNSON, Director                                                                                                         
Alaska Association of School Boards (AASB)                                                                                      
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 240                                                                                          
                                                                                                                                
DAVE JONES                                                                                                                      
Kodiak, AK                                                                                                                      
POSITION STATEMENT: Supported SB 240                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
CHAIR GARY STEVENS called the Senate Special Committee on                                                                     
Education meeting to order at 8:08:07 AM. Present at the call to                                                              
order were Senators Wilken, Olson, Davis, Huggins and Stevens.                                                                  
                                                                                                                                
                    SB 240-EDUCATION FUNDING                                                                                
                                                                                                                                
8:08:58 AM                                                                                                                    
CHAIR STEVENS announced the consideration of SB 240.                                                                            
                                                                                                                                
TIM LAMKIN, staff, Senator Stevens,  sponsor of SB 240, presented                                                               
an  overview. He  said the  Joint  Legislative Education  Funding                                                               
Task Force (JLEFT) that met  this summer forwarded five pieces of                                                               
legislation. The  first a three-year step-down  funding mechanism                                                               
for  schools  that  face  a   decrease  in  their  Average  Daily                                                               
Membership  (ADM). The  second component  is an  increase in  the                                                               
current  multiplier [of  5 times  Base Student  Allocation (BSA)]                                                               
for  intensive services  to  9, 11  and 13  over  the next  three                                                               
years.  The third  component is  a phase-in  of the  Institute of                                                               
Social and  Economic Research (ISER)  District Cost  Factor (DCF)                                                               
numbers and finally an increase of  $100 per year to the BSA over                                                               
the next three fiscal years.                                                                                                    
                                                                                                                                
8:11:05 AM                                                                                                                    
EDDY  JEANS, Director,  School Finance,  Department of  Education                                                               
and Early  Development, presented an  overview of the  task force                                                               
conclusions  and said  the  governor is  supportive  of the  task                                                               
force's  work. He  said that  adopting  the results  of the  ISER                                                               
study means  adopting the increases  over a five-year  period, 50                                                               
percent the first  year and then 12.5 percent  the following four                                                               
years.  It  also  proposed  that  declining  enrollment  be  held                                                               
harmless.  He said  the piece  that's  missing from  the bill  is                                                               
people transportation re-calibration.                                                                                           
                                                                                                                                
He said the  governor announced her education  funding package in                                                               
December and basically  endorses the work of the  task force with                                                               
one minor adjustment. She would like  to see the BSA increased to                                                               
$200 per  student over the  three year period. The  $100 increase                                                               
represents about a 2 percent  annual increase. Inflation has been                                                               
running 3 percent or more. The  $200 level represents a 4 percent                                                               
increase so it would be slightly ahead of inflation.                                                                            
                                                                                                                                
CHAIR  STEVENS said  he appreciated  the  governor's interest  in                                                               
increasing the BSA  but he said he would be  comfortable with the                                                               
$100  increase. He  said he  also prefers  not to  include people                                                               
transportation at this  time since it will probably  find its way                                                               
into the bill in the Finance Committee.                                                                                         
                                                                                                                                
8:15:05 AM                                                                                                                    
SENATOR HUGGINS asked what the  growth trend line was for funding                                                               
and  said  he  was  concerned  that   it  does  not  seem  to  be                                                               
sustainable over time.                                                                                                          
                                                                                                                                
MR. JEANS  replied that  the state  had pro-rated  the foundation                                                               
program only once  in 1987, when all state funding  was pro rated                                                               
10 percent due  to oil prices dropping. He  said education should                                                               
be the budget's highest priority.                                                                                               
                                                                                                                                
8:18:03 AM                                                                                                                    
JOHN   ALCANTRA,   Government  Relations   Director,   NEA-ALASKA                                                               
(National Education  Association-Alaska), said this  past weekend                                                               
400 of the 13,000 members met  in Anchorage and the members would                                                               
like  to  see  the  $200  increase. He  recalled  growing  up  in                                                               
Anchorage  when there  were no  fees  for public  school and  for                                                               
things  that provide  a well-rounded  education, for  example, to                                                               
play sports, buy science equipment  or join the band. His widowed                                                               
mother with  10 kids could not  have afforded any of  those fees.                                                               
This bill could address those problems.                                                                                         
                                                                                                                                
CHAIR  STEVENS  reiterated that  he's  not  opposed to  the  $200                                                               
level,  but that  it's more  appropriate to  be addressed  by the                                                               
Finance Committee.                                                                                                              
                                                                                                                                
8:22:27 AM                                                                                                                    
MARY   FRANCIS,    Executive   Director,   Council    of   School                                                               
Administrators,   said  the   council's   Resolution  Number   16                                                               
supported the  task force's recommendation.  It also  supported a                                                               
$200 BSA  with a three-year  implementation of the  District Cost                                                               
Factor (DCF).                                                                                                                   
                                                                                                                                
CHAIR STEVENS  commented that he  was blown  away by the  cost of                                                               
special education.                                                                                                              
                                                                                                                                
8:24:53 AM                                                                                                                    
SENATOR WILKEN said  he appreciated the fact that  the Council of                                                               
School  Administrators  is  one  of the  few  organizations  that                                                               
supported  using the  earnings from  the Permanent  Fund to  fund                                                               
government.                                                                                                                     
                                                                                                                                
8:25:27 AM                                                                                                                    
BRUCE  JOHNSON, Director,  Alaska  Association  of School  Boards                                                               
(AASB), said his organization supports the bill.                                                                                
                                                                                                                                
8:28:24 AM                                                                                                                    
SENATOR  HUGGINS asked  him what  he  recommended concerning  the                                                               
audit of the special needs component.                                                                                           
                                                                                                                                
MR.  JOHNSON  replied   that  the  association  sees   it  as  an                                                               
appropriate  role  for  the Department  of  Education  and  Early                                                               
Childhood  Development. Districts  need  time  frames that  allow                                                               
enough lead  time to implement  audits effectively. Their  job is                                                               
to secure as much money as  they can within the guidelines. It is                                                               
more punishing  to children  than it is  to districts  when there                                                               
are errors.                                                                                                                     
                                                                                                                                
8:31:02 AM                                                                                                                    
DAVE  JONES, Kodiak,  said as  a participant  of the  task force,                                                               
that he supported moving the bill.                                                                                              
                                                                                                                                
8:33:20 AM                                                                                                                    
SENATOR  WILKEN said  that  when  the bill  gets  to the  Finance                                                               
Committee, they should have Mr.  Jeans talk about the Moore study                                                               
[Moore, et  al. v.  State of  Alaska]. The  judge found  that the                                                             
state was  funding education  adequately although  some districts                                                               
were found  to need  better student  preparation for  exit exams.                                                               
The judge  who ruled on  the conclusions  based on the  study has                                                               
scheduled a final hearing for June.                                                                                             
                                                                                                                                
SENATOR HUGGINS  said he  is looking  forward to  finally funding                                                               
early education this session.                                                                                                   
                                                                                                                                
SENATOR  HUGGINS  moved to  report  SB  240 from  committee  with                                                               
individual recommendations and the attached fiscal note(s).                                                                     
                                                                                                                                
SENATOR WILKEN  objected and added  that he agreed  with changing                                                               
the BSA with the proviso that funding  is from new money  and not                                                               
taken  from someplace  else. He  also agreed  with the  step-down                                                               
provision. He  didn't agree with the  basis for the BSA.  He also                                                               
said the  ISER study is  not understandable or defendable  and he                                                               
did not support the bill moving forward.                                                                                        
                                                                                                                                
8:39:17 AM                                                                                                                    
CHAIR STEVENS  said the  bill may  not be  perfect but  moves the                                                               
issue forward.                                                                                                                  
                                                                                                                                
8:39:40 AM                                                                                                                    
SENATOR OLSON joined the meeting  and said that he fully supports                                                               
moving the bill forward.                                                                                                        
                                                                                                                                
8:40:38 AM                                                                                                                    
CHAIR  STEVENS  called for  a  roll  call vote.  Senators  Davis,                                                               
Olson, Huggins and  Stevens voted yea; Senator  Wilken voted nay;                                                               
and SB 240 moved out of committee.                                                                                              
                                                                                                                                
        SCR 15-AMEND UNIFORM RULES: STANDING COMMITTEES                                                                     
                                                                                                                              
8:40:51 AM                                                                                                                  
CHAIR STEVENS announced the consideration of SCR 15.                                                                            
                                                                                                                                
TIM LAMKIN,  staff, Senator Stevens,  sponsor of SCR 15  said the                                                               
most immediate recommendation of  the Joint Legislative Education                                                               
Funding Task  Force (JLEFT)  was to  create a  standing education                                                               
committee.  Referring to  a spread  sheet  of standing  education                                                               
committees among  state legislatures, he said  he discovered that                                                               
there are  only three  states in  the country  that don't  have a                                                               
stand-alone  education committee  in  at least  one  body of  the                                                               
legislature.                                                                                                                    
                                                                                                                                
8:42:55 AM                                                                                                                    
CHAIR STEVENS  said he thought  the state should have  a standing                                                               
committee. He said the biggest  objection has been finding a time                                                               
to  meet and  members, but  pointed out  that there  has been  no                                                               
difficulty in filling the special committee.                                                                                    
                                                                                                                                
SENATOR WILKEN said  he didn't think having  a standing education                                                               
committee  was  a  good  idea.   He  said  he  speaks  with  some                                                               
experience having  chaired the  HES committee  for six  years. He                                                               
said he  never thought it  was over-worked  and, in the  world of                                                               
90-day  sessions,  it's  going  to   be  a  lot  easier  to  stop                                                               
legislation. A  standing committee would give  a senate president                                                               
opportunity to  make it difficult  for legislation he or  she may                                                               
not agree  with. He also  believed it  would be difficult  to man                                                               
the  committee and  noted that  Alaska  has one  of the  smallest                                                               
senates in the US.  He suggested that if it is  passed, it have a                                                               
mandatory sunset clause that can be revisited.                                                                                  
                                                                                                                                
CHAIR  STEVENS  pointed  out  that  in the  past  few  years  the                                                               
university  only reports  to the  Finance Committee.  He said  he                                                               
thought the  legislature should  look at  what the  university is                                                               
doing, not  just what  it is spending,  another reason,  he said,                                                               
for a standing committee.                                                                                                       
                                                                                                                                
8:46:44 AM                                                                                                                    
SENATOR DAVIS  said she  has wanted to  see a  standing education                                                               
committee since  she first  joined the  legislature in  1991. She                                                               
said HES  has a lot  of responsibility  for one person  to chair.                                                               
She said she has no problem with a sunset clause.                                                                               
                                                                                                                                
8:48:58 AM                                                                                                                    
SENATOR OLSON asked if educators will be presenting testimony.                                                                  
                                                                                                                                
EDDY  JEANS,  Director,  School  Finance,  Alaska  Department  of                                                               
Education and Early  Development, said the reason  the task force                                                               
recommended  the  standing  committee is  because  it  recognized                                                               
other issues that needed to  be addressed, issues considered this                                                               
summer on  which the task  force could not reach  consensus. Much                                                               
more research and  committee meetings will be required  to get an                                                               
understanding  of those  issues. That  includes charter  schools,                                                               
correspondence and  home schooling,  special needs  block grants,                                                               
vocational technology programs, required  local effort, the Moore                                                               
Vs  Alaska  case,  innovative  and  best  practices  grants,  and                                                               
voluntary pre-K  programs. The administration is  supportive of a                                                               
standing committee and the concept of a five-year review.                                                                       
                                                                                                                                
CHAIR  STEVENS said  he would  add university  oversight to  that                                                               
list.                                                                                                                           
                                                                                                                                
8:51:13 AM                                                                                                                    
JOHN ALCANTRA,  Director, Government Relations,  NEA-Alaska, said                                                               
this past weekend  the members passed a resolution  in support of                                                               
this  legislation.  With  the  new  90-day  session,  a  standing                                                               
committee  on  education  will  allow  five  senators  and  seven                                                               
representatives to focus  on the issues that Mr.  Jeans spoke of,                                                               
and  it will  give everything  longer hearings.  As mentioned  by                                                               
other senators,  there was no  problem filling the five  spots on                                                               
this special committee. This is important, he concluded.                                                                        
                                                                                                                                
8:53:00 AM                                                                                                                    
SENATOR  HUGGINS  moved to  report  SCR  15 from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
SENATOR WILKEN  proposed preparing  a committee substitute  to be                                                               
heard on Friday that would include the sunset amendment.                                                                        
                                                                                                                                
SENATOR OLSON  said he wanted  this to  move as soon  as possible                                                               
and was concerned about having a quorum on Friday.                                                                              
                                                                                                                                
8:56:35 AM                                                                                                                    
SENATOR  HUGGINS  said with  90-day  sessions,  he was  concerned                                                               
about creating more committees for people to participate in.                                                                    
                                                                                                                                
SENATOR WILKEN said that if a  majority member asks for a bill to                                                               
be assigned  to their committee,  he can't imagine that  it would                                                               
be refused.  He believed  that a new  committee would  present an                                                               
opportunity  for taking  advantage of  the ability  to hold  up a                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR DAVIS  said that could  happen in a special  committee as                                                               
easily as  in a standing committee.  If you want something  to be                                                               
killed it can be done the way things are now.                                                                                   
                                                                                                                                
CHAIR STEVENS said  he's seen this happen mostly on  the floor if                                                               
someone is  chairing a committee  and they realize that  the bill                                                               
has not  been assigned to  them, they take  an 'at ease'  and ask                                                               
the President to add their committee to the referrals.                                                                          
                                                                                                                                
SENATOR DAVIS agreed that that was  what she does as chair of the                                                               
HES Committee when bills with an education component.                                                                           
                                                                                                                                
SENATOR HUGGINS withdrew his motion [to move SCR 15].                                                                           
                                                                                                                                
9:01:26 AM                                                                                                                    
SENATOR OLSON said that the  Department of Health, Education, and                                                               
Social  Services  has such  big  budgets  and broad  issues  that                                                               
having a  standing education  committee allows  people to  have a                                                               
single committee  they can go to  and allows the chair  of HES to                                                               
focus  more on  health and  social services.  He said  because of                                                               
that he wanted to  move the bill as soon as  possible. He said if                                                               
it moves today, it needs to have Senator Wilken's amendment.                                                                    
                                                                                                                                
SENATOR OLSON moved  to bring SCR 15 before  the committee again.                                                               
There were no objections.                                                                                                       
                                                                                                                                
9:03:51 AM                                                                                                                    
SENATOR WILKEN moved  conceptual Amendment 1 calling  for a five-                                                               
year mandatory sunset.                                                                                                          
                                                                                                                                
SENATOR DAVIS  cautioned that if  this amendment is  adopted, the                                                               
resolution  will have  to go  back to  the House  for concurrence                                                               
because this bill was already passed.                                                                                           
                                                                                                                                
CHAIR STEVENS asked for a  roll call vote on conceptual Amendment                                                               
1. Senators Wilken,  Huggins, Olson and Davis  voted yea; Senator                                                               
Stevens voted nay; and conceptual Amendment 1 was adopted.                                                                      
                                                                                                                                
CHAIR STEVENS called  for a roll call vote to  move CSSCR 15(SED)                                                               
from  the committee.  Senator Davis,  Olson,  Wilken and  Stevens                                                               
voted yea;  Senator Huggins voted  nay. Therefore,  CSSCR 15(SED)                                                               
moved from committee.                                                                                                           
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
CHAIR STEVENS adjourned the meeting at 9:07:18 AM.                                                                            
                                                                                                                                
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