Legislature(2023 - 2024)DAVIS 106

04/17/2024 08:00 AM House EDUCATION

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Audio Topic
08:01:14 AM Start
08:02:30 AM Alaska State Board of Education & Early Development
09:51:03 AM HB165
10:13:02 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor’s Appointees: Board of TELECONFERENCED
Education and Early Development - Bob Griffin
-- Invited Testimony --
-- Public Testimony <Time Limit May Be Set> --
+ HB 165 CHARTER SCHOOLS; CORRESPONDENCE PROGRAMS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SJR 17 EXTEND DEADLINE FOR ARP-HCY FUNDS TELECONFERENCED
Scheduled but Not Heard
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        HB 165-CHARTER SCHOOLS; CORRESPONDENCE PROGRAMS                                                                     
                                                                                                                                
9:51:03 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE announced  that the  final order  of business                                                               
would be  HB 165, "An  Act relating to charter  schools; relating                                                               
to correspondence study programs;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
9:51:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BEN CARPENTER, Alaska  State Legislature, as prime                                                               
sponsor, introduced HB 165 and  paraphrased the sponsor statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided:                                                                                                 
                                                                                                                                
     HB 165 would allow Parents  to have a greater choice in                                                                    
     their child's education.                                                                                                   
                                                                                                                                
     Parents  in   several  states   can  choose   the  best                                                                    
     education  option  for  their  child.  That  may  be  a                                                                    
     neighborhood  public  school  for   one  child,  but  a                                                                    
     charter  school or  correspondence program  for another                                                                    
     child.                                                                                                                     
                                                                                                                                
     HB  165 would  allow the  state Board  of Education  to                                                                    
     authorize  charter  public   schools  anywhere  in  the                                                                    
     state. Charter  public schools authorized by  the state                                                                    
     Board of Education would be  operated by a local school                                                                    
     board.  The   bill  also  allows  the   Board  to  make                                                                    
     available a  state correspondence  study program  if it                                                                    
     finds the necessity for one.                                                                                               
                                                                                                                                
     Currently,   school   districts   have   the   decision                                                                    
     authority  over   the  existence  of   these  entities.                                                                    
     Currently,  correspondence  study  programs  receive  a                                                                    
     fraction  of  the funding  for  a  student than  for  a                                                                    
     student in  any type of public  school. Alaska statutes                                                                    
     require   schools  to   meet  the   same  instructional                                                                    
     standards, provide  the same  level of  curriculum, and                                                                    
     meet  the  needs  of students,  regardless  of  if  the                                                                    
     student is  receiving their  education from  a physical                                                                    
     school, or a home-based school.                                                                                            
                                                                                                                                
     There are  28 thousand students enrolled  in charter or                                                                    
     correspondence schools  in Alaska,  or 20%  of Alaska's                                                                    
     students. 22  thousand correspondence students  are 17%                                                                    
     of total  students in Alaska,  but only account  for 5%                                                                    
     of total funding.                                                                                                          
                                                                                                                                
     The  current  funding   formula  for  a  correspondence                                                                    
     student  is 90%  (0.9) of  the BSA  with no  additional                                                                    
     multipliers.  HB  165  would  change  that  formula  to                                                                    
     121.5% (1.215)  of the BSA,  which the  same multiplier                                                                    
     in the  public school funding  formula that is  tied to                                                                    
     every student, regardless of school .                                                                                      
                                                                                                                                
     HB  165  also  allocates  an 11  times  multiplier  for                                                                    
     intensive needs students. HB 165  allows parents of all                                                                    
     income levels to determine  the most appropriate method                                                                    
     of  schooling for  their  child. HB  165  is likely  to                                                                    
     incentivize   more  parents   to   choose  charter   or                                                                    
     correspondence programs for  their children, which will                                                                    
     have an additional benefit of saving the state money.                                                                      
                                                                                                                                
9:56:46 AM                                                                                                                    
                                                                                                                                
KENDRA  BROUSSARD, Staff,  Representative  Ben Carpenter,  Alaska                                                               
State Legislature,  on behalf of Representative  Carpenter, prime                                                               
sponsor, gave the sectional analysis  for HB 165 [included in the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 1                                                                                                                
                                                                                                                                
     Adds intent language to uncodified  law to be clear the                                                                    
     legislature  intends that  school  districts spend  the                                                                    
     increase  in  funding  for  correspondence  schools  on                                                                    
     allotments  to parents  and  not  on administering  the                                                                    
     program.                                                                                                                   
                                                                                                                                
     Section 2                                                                                                                
                                                                                                                                
     Creates  a new  section  of law  under charter  schools                                                                    
     that allows  the State Board of  Education to establish                                                                    
     a charter school in a  school district under procedures                                                                    
     established  by  the   Board.  Procedures  include  the                                                                    
     establishment   of   an   academic   policy   committee                                                                    
     consisting  of   parents  of  students   attending  the                                                                    
     school,  teachers, and  school employees.  The district                                                                    
     local school  board will operate the  charter under the                                                                    
     charter school law (AS 14.03.255 -14.03.290).                                                                              
                                                                                                                                
     Sections 3 and 4                                                                                                         
                                                                                                                                
     Amends  to the  duties of  the department  of education                                                                    
     (AS 14.07.020 (a))  to offer and make  available to any                                                                    
     Alaskan through  a centralized office  a correspondence                                                                    
     study program if  required to do so by  the State Board                                                                    
     of Education.  Calculate the  amount allocated  to each                                                                    
     district  that offers  a correspondence  study program,                                                                    
     the amount allocated to the  district under the program                                                                    
     and inform the district of the calculation.                                                                                
                                                                                                                                
     Section 5                                                                                                                
                                                                                                                                
     Adds  to the  duties of  the State  Board of  Education                                                                    
     that  the  Board   shall  adopt  regulations  regarding                                                                    
     establishment of charter schools by the Board.                                                                             
                                                                                                                                
     Section 6                                                                                                                
                                                                                                                                
     Amends    the    state    funding    calculation    for                                                                    
     correspondence program  by adding together  the results                                                                    
     of  multiplying  the  ADM   (student  count)  by  1.215                                                                    
     (121.5%)  instead  of  0.9 (90%)  and  multiplying  the                                                                    
     correspondence intensive student count by 11.                                                                              
                                                                                                                                
     This  new calculation  takes into  account that  public                                                                    
     school funding formula for every  ADM adds to the BSA a                                                                    
     special  needs factor  of 1.2  and a  school vocational                                                                    
     and technical instruction factor  of 1.015, for a total                                                                    
     multiplier of 1.215.                                                                                                       
                                                                                                                                
     In addition  to the  1.215 BSA  multiplier, as  well as                                                                    
     school related factors, every  ADM with intensive needs                                                                    
     receives  an  additional  multiplier  of  13  from  the                                                                    
     public  school funding  formula.  This new  calculation                                                                    
     provides  for  intensive   needs  correspondence  study                                                                    
      program students but leaves some of their funding in                                                                      
     the district for administration.                                                                                           
                                                                                                                                
     Section 7                                                                                                                
                                                                                                                                
     Adds  a  new  subsection  of  the  calculation  of  the                                                                    
     calculation for state  funding for correspondence study                                                                    
     by  defining  intensive   services  and  correspondence                                                                    
     intensive student.                                                                                                         
                                                                                                                                
     Section 8 and 9                                                                                                          
                                                                                                                                
     Provide effective dates                                                                                                    
                                                                                                                                
9:59:45 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE drew  attention to Section 7 and,  in light of                                                               
recent court  decisions, asked Representative Carpenter  to speak                                                               
to the inclusion of the language in the section.                                                                                
                                                                                                                                
REPRESENTATIVE CARPENTER stressed  the importance of transparency                                                               
and that  state law  is clear  to what  the expectations  are for                                                               
charter,  correspondence, and  "brick and  mortar" schools.   The                                                               
language helps to bring transparency to the process, he said.                                                                   
                                                                                                                                
10:02:04 AM                                                                                                                   
                                                                                                                                
DONNA ARDUIN,  Staff, Representative Ben Carpenter,  Alaska State                                                               
Legislature,  on   behalf  of  Representative   Carpenter,  prime                                                               
sponsor, added that a strong  suggestion was to make sure records                                                               
were kept  on how  allocations were being  spent.   She proffered                                                               
that if the legislature had  the opportunity to make sure records                                                               
are  kept regarding  how  reimbursements have  been  made by  the                                                               
districts  to the  correspondence programs  and parents,  then it                                                               
may help with "the lawsuit."                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER added  that  the  parents might  assume                                                               
great records  are being  kept, which  may be  the case  for most                                                               
schools but  not for all schools.   The state is  required by the                                                               
constitution to provide, and conversations  should be had on what                                                               
the minimum requirements for recordkeeping  are and to "level the                                                               
playing field."                                                                                                                 
                                                                                                                                
MS. AUDUIN noted  to also provide the information to  DEED, as it                                                               
was not a current requirement, she said.                                                                                        
                                                                                                                                
10:03:51 AM                                                                                                                   
                                                                                                                                
CO-CHAIR ALLARD said she was alarmed  in reference to the lack of                                                               
the  "intensifier"  for  correspondence   children.    She  asked                                                               
whether it  was an application that  had to be put  in, or simply                                                               
not available.   She said some children may be  home schooled due                                                               
to a  disability and  considered they are  not getting  the extra                                                               
help.  She requested to hear from DEED to elaborate.                                                                            
                                                                                                                                
MS. AUDUIN  clarified that  there was  no intensive  needs factor                                                               
for correspondence programs.                                                                                                    
                                                                                                                                
10:05:53 AM                                                                                                                   
                                                                                                                                
DEBORAH RIDDLE,  Director, Division  of Innovation  and Education                                                               
Excellence,  Department  of   Education  and  Early  Development,                                                               
affirmed   that  intensive   categorization  for   correspondence                                                               
students is not available currently.                                                                                            
                                                                                                                                
CO-CHAIR ALLARD expressed  her shock and offered  her belief that                                                               
that could  be a vehicle for  its own piece of  legislation.  She                                                               
thanked  Representative Carpenter  for  bringing  the subject  to                                                               
light.                                                                                                                          
                                                                                                                                
10:07:22 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   PRAX  asked   whether   parents  thought   their                                                               
available school  was not  providing the  best service  for their                                                               
child.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  CARPENTER  replied that  one  could  argue it  is                                                               
discrimination, but  he said the  funding formula does  not apply                                                               
to  special needs  children  that  participate in  correspondence                                                               
programs.   He suggested that  perhaps the list of  special needs                                                               
definitions needed  to be addressed  because of the  large number                                                               
of parents choosing distance education.                                                                                         
                                                                                                                                
REPRESENTATIVE  PRAX  said  he brought  it  up  because  limiting                                                               
choice is  inherently discriminatory, and it  should be minimized                                                               
by maximizing the choices available to individuals.                                                                             
                                                                                                                                
10:09:57 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STORY  offered  her   belief  that  it  would  be                                                               
important  to have  someone in  the department  walk through  the                                                               
levels  of   special  education  funding,  with   level  3  being                                                               
intensive students, and that further explanation is needed.                                                                     
                                                                                                                                
REPRESENTATIVE   CARPENTER  commented   that  special   education                                                               
funding  is not  just for  children who  are struggling,  but for                                                               
children  who excel  above  standards and  who  may need  special                                                               
attention due to surpassing standards.                                                                                          
                                                                                                                                
10:11:50 AM                                                                                                                   
                                                                                                                                
CO-CHAIR RUFFRIDGE extended his agreement to Representatives                                                                    
Story and Carpenter and stated that he would like further                                                                       
discussions in future hearings.                                                                                                 
                                                                                                                                
[HB 165 was held over.]                                                                                                         

Document Name Date/Time Subjects
CSHB 165 - Explanation of changes v.R.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
HB 165 Fiscal Note_DEED K12 Aid to School Districts as of 2.23.24.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
HB 165 Fiscal Note_DEED_Ed support and Admin services as of 2.23.24.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
HB 165 Fiscal Note_Fund Capitalization_Public Education Fund as of 2.23.24.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
HB 165 Sectional Analysis Ver R.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
HB 165 Sponsor Statement Ver R.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
HB 165 Supporting Document FY24_FinalADM_Schools_03-18-2024.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
HB 165 Supporting Document Public school funding statute.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
CSHB 165 v.R.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
SJR 17 Fiscal Note LEG-SESS 3.11.2024.pdf HEDC 4/17/2024 8:00:00 AM
SJR 17
SJR 17 3.11.2024.pdf HEDC 4/17/2024 8:00:00 AM
SJR 17
SJR 17 Research NCHE 2023 Student Homelessness in America 3.11.2024.pdf HEDC 4/17/2024 8:00:00 AM
SJR 17
SJR 17 Testimony - Kelly King 03.11.2024.pdf HEDC 4/17/2024 8:00:00 AM
SJR 17
SJR 17 Sponsor Statement 2.26.2024.pdf HEDC 4/17/2024 8:00:00 AM
SJR 17
HB 165 oppose emails as of 4.15.24_Redacted.pdf HEDC 4/17/2024 8:00:00 AM
HB 165
Bob Griffin BEED resume_redacted.pdf HEDC 4/17/2024 8:00:00 AM
Bob Griffin handout 3.pdf HEDC 4/17/2024 8:00:00 AM
Nominee Bob Griffin handout 1.pdf HEDC 4/17/2024 8:00:00 AM
Bob Griffin handout 2.pdf HEDC 4/17/2024 8:00:00 AM