Legislature(2021 - 2022)DAVIS 106
03/07/2022 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB173 | |
| HB335 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 173 | TELECONFERENCED | |
| *+ | HB 335 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 335-RAMPART SCHOOL: YUKON-KOYUKUK DISTRICT
CO-CHAIR DRUMMOND announced that the final order of business
would be HOUSE BILL NO. 335, "An Act providing that Rampart
School is located within the Yukon-Koyukuk School District
regional educational attendance area; and providing for an
effective date." [Not on the recording, but reconstructed from
the committee secretary's log notes, was Co-Chair Drummond
announcement of HB 335.]
9:14:04 AM
HEIDI TESHNER, Acting Deputy Commissioner, Department of
Education and Early Development, presented HB 335 on behalf of
the sponsor, House Rules by request of the governor. She stated
that the Rampart School is currently within the school
boundaries of the Yukon Flat School District (YFSD). However,
since fiscal year 2017 (FY 17), a memorandum of agreement (MOA)
authorized the Yukon-Koyukuk School District (YKSD) to
administer and operate the Rampart School. In April 2019 both
the commissioner of DEED and the commissioner of the Department
of Commerce, Community & Economic Development (DCCED) signed a
decisional memorandum that effectively permitted the Rampart
School to operate under YKSD. She stated that despite the
Rampart School functioning under YKSD, residents of the
community discovered they were not legal to vote on Yukon-
Koyukuk School Board elections. She explained that under
Article X, Section 6, of the Alaska State Constitution, the
legislature serves as the assembly for the regional education
attendance areas (REAAs) that are part of unorganized boroughs.
Furthermore, she explained that [the decisional memorandum]
cannot change school district boundaries, pursuant to AS
29.03.020, which would allow for maximum local participation,
and allow the legislature to "establish, alter, or abolish
school service areas within the unorganized borough".
MS. TESHNER stated that HB 335 allows for the maximum local
participation within the Yukon-Koyukuk School Board, and the
legislature is the appropriate entity to authorize the Rampart
School to become part of the YKSD. The community of Rampart
aligns culturally and historically with communities in YKSD, and
both school districts back placing the Rampart School within
YKSD. The passage of HB 335 would result in a boundary change
for the two REAAs, allowing parents of students at the Rampart
School to participate in school board elections applicable to
their community school.
9:17:34 AM
REPRESENTATIVE CRONK stated that he is aware of this issue and
is "thrilled" that the sponsor has put this forward. He
recommended that the bill be passed quickly so the school
districts can [proceed with their agenda]. In response to Co-
Chair Drummond, he confirmed that the legislation directly
affects the district he represents.
9:18:13 AM
REPRESENTATIVE HOPKINS stated his support for HB 335. He
acknowledged that the need for this school district change has
been ongoing. He inquired whether this situation has previously
happened in the state and whether the community has any say in
the move.
9:18:50 AM
MS. TESHNER answered that this situation is the only one she is
aware of in the state, and the representatives from both
districts and the community met and agreed to this move.
9:19:21 AM
MS. TESHNER, in response to a question from Co-Chair Drummond,
stated that the MOA has been in existence since 2017. The
Rampart School reopened in 2016 under YFSD and in FY 17
transferred to YKSD. In response to a follow-up question, she
stated that the funding goes with the school, not to the
original district. Based on the MOA, DEED pays the school's
funding to YKSD.
9:20:26 AM
KERRY BOYD, Superintendent, Yukon-Koyukuk School District,
Fairbanks, Alaska, stated her support for HB 335. She shared
that she has worked in YKSD for 15 years and that both YKSD and
YFSD support the bill. She stated that the discussion began
when the Rampart Village Council sent a letter on April 19,
2016, requesting the school move from YFSD to YKSD. The chief
of the village council, the school staff, and the members of
community reached out to the YKSD, and since, she stated that
the two districts have discussed the issue multiple times. The
discussions resulted in both districts signing an MOA that
called for YKSD to manage, administer, and operate the Rampart
School. At yearly board meetings the two boards discussed the
issue and posted public notices. She stated that the
communities are culturally aligned and not opposed to the
change. She said that since 2017, the MOA must be renewed
annually by a time-consuming process; thus, a commitment now
exists for a permanent boundary change to move the Rampart
School into YKSD. Even so, she argued that the main reason for
the permanent boundary change is the Alaska Division of
Elections cannot use [the decisional memorandum] to recognize
the village of Rampart as part of YKSD, therefore Rampart
residents are not allowed to vote in the Yukon-Koyukuk School
Board elections. She stated that due to the closure of the
Rampart School, the facilities and buildings need updating and
improvement. She indicated that YKSD would be responsible for
this maintenance. She stated that the permanent boundary change
would remove any property ownership or title questions. She
suggested that the school boards and DEED have spent many hours
on the process of annually approving the MOA and, she stated,
"now your time" is being spent.
MS. BOYD stated that since 2008 there has been a great deal of
work and questions on how to make this boundary change. She
stated the districts thought that they had found a solution when
the commissioners of DEED and DCCED signed the decisional
memorandum in 2019. However, that year, the director of the
Alaska Division of Elections sent a letter invalidating the
decisional memorandum. She stated that the Department of Law
(DOL) nullified the decisional memorandum, announcing that the
memorandum did not have the force of law. She stated that over
the past few years the districts have been in contact with DOL
in order to accomplish the permanent school district boundary
change. She stated that for years the districts and communities
have posted notices and had meetings; now HB 335 is in front of
the this committee seeking a permanent resolution for the
Rampart School. She voiced appreciation to the committee
members for their public service and to the governor and his
team for sponsoring the bill.
9:26:00 AM
CO-CHAIR DRUMMOND stated she understood that the Rampart School
closed for many years due to lack of population. She inquired
whether the school had representation on the board of YFSD and
would continue to have the representation.
9:27:12 AM
MS. BOYD responded that at that time, the school did have
representation in YFSD, and the residents were able to vote for
board members; due to the MOA, they have looked to YKSD for
representation. In response to a follow-up question, she stated
that, as superintendent of YKSD, the Rampart School has been
under her supervision. Responding to a subsequent follow-up
question, she stated that once the bill passes, the Rampart
School will have representation on the Yukon-Koyukuk School
Board.
9:28:25 AM
CO-CHAIR DRUMMOND opened public testimony on HB 335. After
ascertaining that there was no one who wished to testify, she
closed public testimony.
CO-CHAIR DRUMMOND announced that HB 335 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS for HB 173 Version G.pdf |
HEDC 3/7/2022 8:00:00 AM |
HB 173 |
| HB 173 Explanation of changes Version G.pdf |
HEDC 3/7/2022 8:00:00 AM |
HB 173 |
| HB 335 Committee Packet 3.7.22 DEED.pdf |
HEDC 3/7/2022 8:00:00 AM |
HB 335 |
| HB 335 - Sponsor Statement 2.15.2022.pdf |
HEDC 3/7/2022 8:00:00 AM |
HB 335 |
| HB 335 6.1.2017_MOA_YFSD_YKSD_DEED_DCCED_Rampart_School.pdf |
HEDC 3/7/2022 8:00:00 AM |
HB 335 |
| HB 335 FN EED FP 2.11.22.pdf |
HEDC 3/7/2022 8:00:00 AM |
HB 335 |
| HB335 - Sectional Analysis 2.17.2022.pdf |
HEDC 3/7/2022 8:00:00 AM |
HB 335 |