Legislature(2021 - 2022)BUTROVICH 205
02/16/2022 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB174 | |
| SB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 34 | TELECONFERENCED | |
| *+ | SB 174 | TELECONFERENCED | |
| *+ | SB 112 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
9:53:15 AM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 34 "An Act providing for the
establishment of public schools through state-tribal compacts."
9:54:07 AM
CHAIR HOLLAND solicited a motion to adopt the proposed committee
substitute (CS) for SB 34.
9:54:11 AM
SENATOR STEVENS moved to adopt SB 34, work order LS-0309\B, as
the working document.
9:54:23 AM
CHAIR HOLLAND objected for purposes of discussion.
9:54:31 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, stated that when collaborating with
Ms. Kitka and the Alaska Federation of Natives' team, six
requirements were considered essential to tribal education
compacting. These six elements were then sent to Legislative
Legal Services for rendering. He said the CS is intended to
streamline and simplify the project. It is meant to be flexible
and maximize autonomy while maintaining accountability. It is
silent on several statutes other school districts in Alaska must
follow. The six elements are:
First, the Department of Education and Early Child Development
(DEED) commissioner would establish a demonstration project or
pilot program that would sunset.
Second, the commissioner would use that project to enter
compacts with tribes and tribal organizations to operate
schools.
Third, those schools would observe non-discrimination laws.
Fourth, the annual reporting for the project would include the
number of schools participating, enrollment, attendance, student
performance through assessments, and recommendations for compact
changes.
Fifth, compact schools should be formed into districts. Being
termed a district is key for calculating school funding, Title
1470, basic daily membership, and area cost.
Sixth, federal, state, and tribal funding would be held
harmless.
MR. LAMKIN stated SB 34 is not a finished product, but it
fulfills his obligation to provide a working document to the
committee. He emphasized that the use of the term school
district triggers many of the definitions throughout statute.
9:57:16 AM
MR. LAMBKIN provided the sectional analysis as follows:
Overall Summary:
Version B of SB34 is intended to simplify the proposed
State-Tribal Education Compacting program. This
version attempts to be less prescriptive, to set up a
pilot program, or demonstration project, with general
authority for the state and tribes to negotiate
individualized and culturally responsive education
compacts, and to periodically review and possibly
sunset the program over time.
A. Sections 1 and 2: Creates within a year of the
effective date, and sunsets state-tribal education
compacting in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to review
its efficacy over time.
9:58:09 AM
SENATOR BEGICH questioned whether a sunset date of 2028 would be
enough time for a demonstration project to show change. He
stated the Finance Committee debated yesterday the time needed
to show improvement regarding SB 111. He asked if the year 2028
would be long enough for the project to exhibit significant
change.
MR. LAMKIN replied that Ms. Kitka specifically requested five
years.
9:58:55 AM
SENATOR BEGICH replied that he would like to hear from Ms. Kitka
because SB 34 will go to the Finance Committee, where there will
be concern about the time needed to show progress and how
progress will be determined.
9:59:41 AM
At ease.
10:00:34 AM
CHAIR HOLLAND reconvened the meeting.
10:00:39 AM
SENATOR STEVENS stated he thought Ms. Kitka's recommendation of
five years was wise. The point of the pilot program is expansion
if it is successful. Waiting too long to ascertain success could
slow progress for other schools.
SENATOR BEGICH stated that the early education pilot program was
12 years. It has still not been adopted. He said he would like
to know the criteria.
10:02:15 AM
JULIE KITKA, President, Alaska Federation of Natives (AFN),
Anchorage, Alaska, stated she supports a five-year project. The
AFN would like a chance to prove the concept of tribal
compacting in education. She said she is amenable to an optional
five-year extension if that addresses legislators' concerns. She
said that the desire is to build great support for the concept,
so it does not take more than five years.
10:03:28 AM
MR. LAMKIN continued the sectional analysis:
B. Section 3, Page 2, line 15: AS 14.16.300(a), Adds
that the commissioner may enter into compacts with
federally recognized tribes or tribal
organizations.
Rationale: To allow for a tribal organization,
like a consortium or regional non-profit native
organization, which may not itself be a
federally recognized tribe, to be empowered by
a federally recognized tribe or tribes, to
participate in the education compacting
program.
C. Deleted from version A (page 2, lines 8-20):
strikes the requirement of a detailed application
process for initiating a compact.
Rationale: consistent with the overall intent
of Version B, to simplify the program and
direct such processes to be determined by
regulation.
D. Page 2, line 19: changed that compacts may, rather
than shall, include provisions for compliance,
notices of violation, dispute resolution, record
keeping, auditing, and other common terms of a
contract.
Rationale: to make the program more simple and
flexible.
E. Deleted from version A (page 3, lines 5-8):
regarding AS 14.03.030-050 and AS 14.03.083-400,
removed the requirement for compacts to specify
provisions pertaining to setting school term, days
in sessions, school holidays, contracting,
procurement, advocacy of partisan, sectarian or
denominational doctrines, part-time school
attendance, use of school facilities, search of
school lockers, administering survey and
questionnaires, the AK Performance Scholarship
eligibility, parental access to school records,
annual reporting and participation in the "School
District Report Card," the Improving School
Performance scholarship program, funding for
internet services, display of U.S. flag and Pledge
of Allegiance, and conducting emergency drills.
Rationale: to simplify the program; to keep
the program flexible, improve autonomy, and be
culturally responsive. Removing the
requirement does not necessarily mean such
terms cannot or will not be manifested either
in a compact or by tribal policy.
F. Page 3, line 20, relating to AS 14.14.140(b),
employment of a superintendent's family, adds
"except by written approval of the commissioner."
Rationale: primarily a conforming change,
aligned with the existing statute, but
substituting commissioner in lieu of local
governing school board.
10:06:04 AM
G. Deleted from version A (page 3, line 30 to page 4,
lines 1-12): Struck requirements relating to
teacher employment, retirement, sick leave,
tenure, salaries, sabbatical leave, collective
bargaining.
Rationale: to simplify the program; to keep
the program flexible, improve autonomy, and be
culturally responsive. Removing the
requirement does not necessarily mean such
terms cannot or will not be manifested either
in a compact or by tribal policy.
H. Deleted from version A (page 4, lines 13-19):
Struck requirements relating to student
educational programs, services for students with
disabilities, health education standards, and
bilingual and bicultural programs.
Rationale: to simplify the program; to keep
the program flexible, improve autonomy, and
culturally responsive. Removing the
requirement does not necessarily mean such
terms cannot or will not be manifested either
in a compact or by tribal policy.
I. Page 4, lines 15-18, relating to financial
provisions, added: (e).."A compact school may
accept federal funds through federal programs.
Nothing in this section prohibits the department
from receiving federal funds for state-based
functions that support the provisions of AS
14.16.300-350." [state-tribal education compact
schools].
Rationale: to hold any existing state-federal-
tribal funding harmless.
J. Deleted from version A (page 5, lines 11-12): "The
employee of a state-tribal education compact
school are state employees."
Rationale: to conform with other provisions of
the program relating to teacher employment and
retirement, and to avoid likely loopholes
created by not striking this reference.
10:07:43 AM
K. Page 4, line 21, relating to Employment, adding
that a compact may provide employment preference
to members of a federally recognized tribe or
tribal organizations.
Rationale: Conforming with the change
described in B above, to allow for a tribal
organization, like a consortium or regional
non-profit native organization, which may
itself not be a federally recognized tribe,
to be empowered by a federally recognized
tribe or tribes, to participate in the
education compacting program, and be able to
apply an employment preference accordingly.
L. Page 4, lines 22 to Page 5, lines 1-7, adds a new
subsection [AS 14.16.350] establishing a reporting
requirement. The report is to be submitted to the
Legislature annually and include information such
as the number of participating compact schools,
attendance levels, assessments and student
performance.
M. Sections 4 and 5: At the effective date, includes
state-tribal compact schools as eligible
recipients of school funding appropriated from the
Public Education Fund, and sunsets their
eligibility along with the whole program in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to review
its efficacy over time.
N. Sections 6 and 7: Conforming amendment, includes
state-tribal compact school funding being prorated
in the event of the Public Education Fund being
underfunded, and sunsets this provision along with
the whole program in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to
review its efficacy over time.
10:04:12 AM
O. Sections 10 and 11: Conforming amendment relating
to compulsory school age, exempts students of
state-tribal education compact schools, and
sunsets the exemption along with the whole program
in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to
review its efficacy over time.
P. Sections 12-18: Conforming amendment relating to
the definition of "school district" generally, so
as to include state-tribal education compact
schools as a "school district" except for those
policy areas described under R, below, and sunsets
the definition along with the whole program in
2028.
Q. Deleted from version A (page 8, lines 1-16):
Strikes requirements related to special education
and related services for children with
disabilities.
Rationale: to conform with other provisions of
the program relating to student services, to
avoid likely loopholes created by not striking
this reference. Removing the requirement does
not necessarily mean such terms cannot or will
not be manifested either in a compact or by
tribal policy.
R. Deleted from version A Sections 12-21
Strikes reference to a state-tribal education
compact school for purposes of:
1. the insurance education tax credit program (AS
21.96.070);
2. arbitration for employees under collective
bargaining agreements (AS 23.40.200);
3. contributions to and service in the Public
Employee Retirement System (AS 39.35);
4. Corporate Income Tax Credit for educational
program investments (AS 43.20.014);
5. Relating to school district reimbursement for
certain medical services furnished to students
with disabilities (AS 47.07.063).
Rationale: To establish compacting as a pilot
program or demonstration project, and to
review its efficacy over time. These
considerations may already be captured by
tribal entities using alternative approaches,
and may also be revisited either as we go
through the legislative process or when the
program is reviewed in the future.
S. The State-Tribal Education Compacting program is
repealed June 30, 2028.
10:10:30 AM
MR. LAMKIN stated that the sunset of a program is like an audit.
A review of the program is done with the program's board. The
tribal education pilot project would likely be reviewed in 2027,
and then bills would be used to extend the program until the
sunset provision was repealed.
SENATOR STEVENS reminded the committee that Commissioner Johnson
brought the Alaska Challenge Group together two years ago to
recommend where Alaska public education should be headed. One of
the recommendations was tribal compacting. Pursuing the
recommendation has proven that it is a highly complex issue. He
appreciates Mr. Lamkin's work in determining what to include and
exclude. Ms. Kitka then recommended that a pilot program be
tried. He stated it is important to understand how SB 34 has
progressed.
10:12:04 AM
CHAIR HOLLAND asked if Ms. Kitka would like to make any comments
regarding the sweeping changes to SB 34. He asked if she and the
AFN had time to discuss the changes and if she believed the
committee substitute would satisfy the stakeholders' goals.
MS. KITKA stated that the AFN supports the committee substitute,
excepting minor technical changes. She fully supports using the
compacting mechanism to create greater efficiencies and
resources. However, the primary purpose would be the
transformative change in innovation. Innovation needs to be
incentivized to benefit Native students. Commissioner Johnson
and the AFN are 100 percent in alignment that the interests of
children should come first. Coming out of the pandemic is an
opportune time to push forward with the transformation and
improve tribal compacting over time. She stated that she
appreciates the input to increase the sunset date of the
project. However, the real need is legislation granting the
commissioner permission to engage in compacting negotiations.
The AFN is also seeking the federal government to be engaged.
10:14:31 AM
MS. KITKA stated that the Senate Indian Affairs Committee would
hold a field hearing on February 24. There are items the AFN
would like the federal government to change that will have
implications on SB 34. For example, there are prohibitions
against using federal resources for school facilities. She
declared that is wrong, federal resources should be allowed to
help village schools. Tribal compacting of schools needs
legislative permission to enable the commissioner to open
negotiations on the demonstration process with as much
flexibility as possible. She maintained that the federal
government must step in with its responsibility and allow
support for incorporating indigenous knowledge into curriculum,
teacher training, and facility funding. She said compacting can
be viewed as a hybrid of the federal government upholding its
agreement to support indigenous people and the state taking the
leadership role in launching the demonstration project.
10:15:49 AM
SENATOR BEGICH clarified that he did not prefer to extend the
time for the demonstration project. He only wanted to ensure
stakeholders were satisfied with the five-year timeframe for the
project.
10:16:26 AM
SENATOR HUGHES asked if the demonstration project would be more
than one school.
MS. KITKA replied that it would involve multiple schools. There
is statewide interest in participating, so the demonstration
could be a community, region, or diverse school locations. She
stated that the Bureau of Indian Affairs model for compact
funding would be used. Ten demonstration projects were opened in
the first year, with ten more added each year. She stated the
commissioner and education board would decide the number of
schools to start the program.
10:17:40 AM
CHAIR HOLLAND removed his objection.
10:17:55 AM
CHAIR HOLLAND found no further objection, and CSSB 34, work
order 32-LS0309\B, was adopted.
10:18:09 AM
SENATOR BEGICH stated he had numerous questions regarding SB 34.
CHAIR HOLLAND replied that the questions could be asked at the
next meeting on SB 34.
10:19:04 AM
CHAIR HOLLAND held SB 34 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Kimberly Bergey Resume_Redacted.pdf |
SEDC 2/16/2022 9:00:00 AM |
|
| Kimberly Bergey Application_Redacted.pdf |
SEDC 2/16/2022 9:00:00 AM |
|
| SB 174 Sectional Analysis v. G 2.10.2022.pdf |
SEDC 2/16/2022 9:00:00 AM SEDC 2/23/2022 9:00:00 AM |
SB 174 |
| SB 174 Sponsor Statement v. G 2.10.2022.pdf |
HL&C 4/11/2022 3:15:00 PM SEDC 2/16/2022 9:00:00 AM SEDC 2/23/2022 9:00:00 AM |
SB 174 |
| CS for SB 112.pdf |
SEDC 2/16/2022 9:00:00 AM |
SB 112 |
| SB034_Tribal-Compacting_Summary of Changes _from A to B.pdf |
SEDC 2/16/2022 9:00:00 AM SEDC 2/23/2022 9:00:00 AM |
SB 34 |
| SB 34 Tribal-Compacting_Draft CS_ version B.pdf |
SEDC 2/16/2022 9:00:00 AM SEDC 2/23/2022 9:00:00 AM |
SB 34 |