Legislature(2023 - 2024)GRUENBERG 120
01/17/2024 04:00 PM House RULES
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| Audio | Topic |
|---|---|
| Start | |
| SB140 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 140 | TELECONFERENCED | |
SB 140-INTERNET FOR SCHOOLS
[Contains discussion of SB 52, HB 139, HB 144, HB 111, and HB
106.]
4:03:39 PM
CHAIR C. JOHNSON announced that the only order of business would
be CS FOR SENATE BILL NO. 140(FIN), "An Act relating to funding
for Internet services for school districts; and providing for an
effective date." [Before the committee was HCS CSSB 140(FIN).]
CHAIR C. JOHNSON outlined his plans to hear the bill today and
recess to continue on Saturday, 1/20/24, to hear public
testimony, consider amendments, and decide the will of the
committee on the legislation.
4:05:32 PM
MARIDON BOARIO, Staff, Senator Lyman Hoffman, Alaska State
Legislature, reviewed the original version of SB 140 on behalf
of Senator Hoffman, prime sponsor. She said SB 140 would
provide additional funding to eligible schools through school
broadband assistance grants (BAG) to help schools reach 100
megabits (mb) per second of Internet download speed, an increase
from the 25 mb per second currently in statute.
4:06:42 PM
BRODIE ANDERSON, Staff, Representative Neil Foster, Alaska State
Legislature, explained the two changes that were made to CSSB
140(FIN) by the House Finance Committee on 5/15/23. The first
change added a section to include an increase to the pupil
transportation formula funding to "about half of the cost of
inflation." He added, "At that point in time the fiscal note
was going to reflect roughly $7.5 million." The second change
was to include language from the Senate Education [Standing
Committee's] CSSB 52(FIN), "Version D," with the exception of
the pupil transportation formula funding since that had already
been incorporated by way of the previous amendment. This change
resulted in what Mr. Anderson called "Version U," [HCS CSSB
140(FIN)] before the House Rules Standing Committee today.
4:08:51 PM
REPRESENTATIVE TILTON moved to adopt the proposed House
committee substitute (HCS) for CSSB 140(FIN), Version 33-
LS0687\D, Bergerud, 1/15/24, as a working document.
4:09:01 PM
CHAIR C. JOHNSON objected for the purpose of discussion.
4:09:22 PM
TOM WRIGHT, Staff, Representative Craig Johnson, Alaska State
Legislature, explained the changes that would be made under the
proposed (HCS) for CSSB 140(FIN), Version 33-LS0687\D, Bergerud,
1/15/24, presented through a summary of changes document
included in the committee packet, which read as follows
[original punctuation provided]:
This summary explains the changes between this draft,
LS-330687\D, and the version that was passed out of
House Finance, HCS for CSSB (FIN), draft 33-LS0687\U.
Section 1: No change.
Section 2: No change.
Section 3: Adds a new section to AS 14.03, Public
Schools Generally. This new section gives the
board of Education the authority to authorize a
charter school in a district under regulations
adopted by the board. The regulations must include an
application procedure and provisions for
the establishment of an academic policy committee.
The local school boards shall operate a charter school
under this section as provided in AS 14.03.255-
14.03.290.
Section 4: Same as found in section 3 of the Finance
CS.
Section 5: Same as found in section 4 of the Finance
CS.
Section 6: Amends AS 14.07.165(a), Duties. Adds a new
subsection stating regulations regarding establishment
of charter schools be made by the board of education.
Section 7: Same as found in section 5 of the Finance
CS.
Section 8: Same as found in section 6 of the Finance
CS.
Section 9: Amends AS 14.17.430, State funding for
correspondence study. Adds subsection 2 that adds the
special needs factor to the ADM of the correspondence
program.
Section 10: Amends AS 14.17.470, Base student
allocation. Adds a $300 increase to the BSA.
Section 11: Adds new subsections to AS 14.30.272,
Procedural Safeguards. Adds provisions for deaf and
hearing impaired that must be adopted by school
districts. Basically, it is a deaf and hard of
hearing children's bill of rights that establishes
consistency in the information provided to parents by
the school district, allows parents to choose the best
method of communication for their child and requires
the school district to provide services using the
parent's chosen method of communication.
Section 12: Adds a new subsection to AS 14.30.276,
Least restrictive environment. Requires the
department to establish and operate a centralized
program for students whose primary language is
American Sign Language, provide residential services
as part of the program, establishes that a school
district my operate the program under specific
requirements, and provide funding for the students who
attend the program operated by a school district.
Section 13: Same as found in section 8 of the CS.
Section 14: Repeals Sections 1, 2 and 21, chapter 61,
SLA 2014, and sec. 38(b), ch.101, SLA 2018. This
language proposes to keep the same structure of tax
deductions and tax credits that began in 2021, while
removing the sunset provision.
Section 15: Uncodified law. Provides subject to
appropriation, a lump sum payment to eligible teachers
as a retention and recruitment incentive. The
criteria for eligibility is contained within this
provision.
Section 16: Uncodified law. Allows the State Board of
Education to adopt regulations to implement the
changes made in sections 3 and 6 of this bill.
Section 17: Repeals the education tax credit statutes
as noted in Section 14.
Section 18: Section 5 is affected by the adoption of
Sections 4, 6, 8, 11, 12, 16, 20, 23, 28, 30, 33, and
47 of ch. 40, SLA 2022, and takes effect on June 30,
2034.
Section 19: Section 16 takes effect immediately.
Section 20: All sections with the exception of
Sections 18 and 19 take effect on July 1, 2024.
4:15:34 PM
REPRESENTATIVE JUSTIN RUFFRIDGE, Alaska State Legislature, as
co-chair of the House Education Standing Committee, discussed HB
139 and HB 144, as they relate to SB 140. He said he is the
sponsor of both the House bills, which address correspondence
study programs and "a slight change to the way that is funded."
He explained that currently those programs are funded at 90
percent of average daily membership, with no special needs
factors included. He indicated that [HB 139] would increase
that to be "just the average daily membership multiplied by the
special needs factor found in AS 14.17.420(a)(1)." He said that
was amended in [the House Education Standing Committee] "to be
slightly different - back down to the current rate of 90
percent," and he remarked that he would welcome discussion by
the House Rules Standing Committee regarding "that component of
this bill."
REPRESENTATIVE RUFFRIDGE said HB 144 was a repeal of the sunset
of the education tax credit "due to sunset at the end of this
calendar year." He said the program was established in 1987 to
encourage private businesses to make charitable contributions to
Alaska's schools, and it has been "quite successful" and
"consistently extended." He offered his understanding that "the
components of this is to make this be a program that can be
established for quite some time, to repeal the current sunset
provision thus making the program that exists currently
available without a sunset."
4:18:27 PM
REPRESENTATIVE ALLARD, who is co-chair of the House Education
Standing Committee, discussed Sections 11 and 12 of the proposed
House committee substitute, Version D, which she said are based
on HB 111, a bill addressing the deaf and hard of hearing,
sponsored by Representative Allard. She said Sections 11 and 12
"aim to establish consistency in the information provided to
parents by school districts, allow parents to choose the best
method of communication for their children, and require school
districts to provide services in the parents' chosen method of
communication." She said services currently offered by school
districts vary. She reported that seventeen states have already
passed the Deaf and Hard of Hearing Children's Bill of Rights.
She noted that while there is a school for the deaf in
administrative code, it is not established in statute.
REPRESENTATIVE ALLARD stated that deaf and hard of hearing
children possess the same inherent ability to acquire language
as other children and have the right to graduate and pursue
further education and embark on careers. Further, she stated
that they have the right "to have their ability to communicate
and acquire language treated as a priority." She talked about
the detrimental effects of a lack of access in the classroom.
She spoke about the unique nature of rural Alaska and how some
children who are deaf or hard of hearing may require residential
services as part of their educational program. She said
Sections 11 and 12 would establish that children be provided
instruction, services, and assessment in their primary language.
Further, these sections would mandate that that the Department
of Education and Early Development (DEED) establish and operate
a centralized program for students whose primary language is
American Sign Language (ASL) and provide residential services.
Representative Allard concluded by emphasizing that it is time
to end the segregation of deaf and hard of hearing children.
4:21:45 PM
CHAIR C. JOHNSON noted those available online for questions.
4:22:23 PM
CHAIR C. JOHNSON removed his objection to the motion to adopt
(HCS) for CSSB 140(FIN), Version 33-LS0687\D, Bergerud, 1/15/24,
as a working document.
4:22:31 PM
REPRESENTATIVE FIELDS objected. He spoke about the importance
and impact of public schools and how they are fundamental and
patriotic. He said he would like to retain, if not grow, the
population of "working age families." He said he supports the
inclusion of "the governor teacher bonuses" since it makes sense
"to marry a priority of the executive with our priority of
raising the BSA."
REPRESENTATIVE FIELDS opined that the language in Version D
relating to charter schools is problematic. He explained there
is a prohibition on using state funds for religious schools, and
"the charter language is effectively a voucher program" where
charter schools with "nearly no oversight" are using public
funds for potentially religious material. He suggested
considering the possibility of narrowing that language so that
"what we're supporting is true public charters." That leads to
the question of what the best uses of the state's resources are.
Using his district as an example, Representative Fields pointed
out that there is a charter school in Chugach, and student
population comprises approximately half the number of minority
students as "the closest neighborhood school." It is mostly an
upper income bracket, which he said is true of most charter
schools. He stated that he is happy to support charter schools
but not at the expense of [public] schools.
REPRESENTATIVE FIELDS addressed the BSA, which he said is data-
driven. He said he is optimistic that it eventually would be
raised to "not less than 680." He said he thinks the $300 in
Version D "would leave us a long way from meeting our bare
minimum constitutional mandate to maintain a system of public
education.
4:28:07 PM
CHAIR C. JOHNSON announced an amendment deadline of 4:00 p.m.
Friday, 1/19/24.
4:28:21 PM
A roll call vote was taken. Representatives Tilton, Allard,
Sumner, Shaw, and C. Johnson voted in favor of the motion to
adopt (HCS) for CSSB 140(FIN), Version 33-LS0687\D, Bergerud,
1/15/24, as a working document. Representatives Fields and
Schrage voted against it. Therefore, Version D was adopted as a
working document by a vote of 5-2.
4:29:25 PM
ALEXEI PAINTER, Legislative Fiscal Analyst, Legislative Finance
Division, Legislative Agencies and Offices, presented cost-
estimates for the proposed HCS for CSSB 140(FIN), Version D. He
said Sections 1, 4, 5, and 13 have to do with data on school
outcomes; the sections were originally in SB 52; DEED originally
had a fiscal note for this that was $1,029,800; and $900,000 of
that was included in the governor's budget and was not actually
approved. Section 2 addresses BAG changing from 25 mb to 100
mb; the Senate Finance Committee zeroed out this fiscal note and
made it indeterminate because of concerns that the number was
"not sufficiently refined"; the number in the original fiscal
note was $19,835,800; this still may be the best estimate or the
department may have an updated number; it was not to be
effective until 1/1/24, so it would have been possible to fund
it later on; and the way this bill is structured, it would be
effective 7/1/24 and would need to be funded, so it cannot be
left indeterminate if the goal is to fund it.
MR. PAINTER said Section 6 is a new section that relates to
charter school applications, with a placeholder of $6,000.
Section 7, regarding pupil transportation, had an original
fiscal note of $7.5 million, which was recalculated to $7.3
million based on the student count projected for fiscal year
2025 (FY 25). Section 8, boarding school increase, was at
$4,036,300 based on the department's fiscal note of last year.
Section 9, relating to correspondence schools and HB 139, had no
fiscal note updated for Version D; [HB 139] "passed out of
committee with a multiplier of .9 still, but then multiplying by
1.2, so still a 20 percent increase"; and Legislative Finance
Division's estimate, based on the number of correspondence
students in the FY 25 projected student count, is $23,452,900,
with the existing statutory BSA. Section 10 would increase the
BSA by $300 to $6,260 based on the FY 25 student count; it would
increase state costs by $77,044,200. The cost of Sections 9 and
10, with the higher BSA and correspondence multiplier, would be
an additional $1,180,500. Sections 11 and 12 relate to DEED's
fiscal note for HB 111, for $6,000; Section 12 may have a
longer-term impact when a school is established, and that
consideration is not included by DEED because potentially there
would be a process to establish the school.
MR. PAINTER stated that Section 14, the education tax credit,
would have no fiscal impact on the budget; the Department of
Revenue (DOR) said that it would have a negative effect on
revenue compared to the baseline of allowing the credit to
expire; it would be $1.6 million in the first half year and then
$3.2 million a year in the full years in which that credit would
have otherwise expired; and although it would have no fiscal
impact, it would impact the state's fiscal position. Section
15, regarding lump sum payment to teachers, comes from HB 106;
DEED's fiscal note for that last year was $58,111,000; and that
number may shift if the number of teachers changes this year.
4:34:49 PM
CHAIR C. JOHNSON noted that he had spoken with the
administration, which issued a request for proposals (RFP)
related to the increase in Internet speed, and he expressed his
hope that that number would be available to the committee by
Saturday.
[SB 140 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| D Draft-SB 140.pdf |
HRLS 1/17/2024 4:00:00 PM |
SB 140 |
| Cost Estimate for HCS CS SB140.pdf |
HRLS 1/17/2024 4:00:00 PM |
SB 140 |
| SB 140 Rls Legal Memo.pdf |
HRLS 1/17/2024 4:00:00 PM |
SB 140 |
| SB 140 Rules Sectional Analysis.docx.pdf |
HRLS 1/17/2024 4:00:00 PM |
SB 140 |
| Summary of Changes Rules.pdf |
HRLS 1/17/2024 4:00:00 PM |
SB 140 |
| SB 140-HFIN-U version.PDF |
HRLS 1/17/2024 4:00:00 PM |
SB 140 |