Legislature(2021 - 2022)BUTROVICH 205
03/17/2022 10:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 34 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
10:05:28 AM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 34
"An Act providing for the establishment of public schools
through state-tribal compacts."
CHAIR HOLLAND stated that this is the eighth hearing on SB 34.
10:05:40 AM
CHAIR HOLLAND noted there was a committee substitute (CS) for
the committee to consider.
10:05:44 AM
SENATOR STEVENS moved to adopt the CS for SB 34, work order 32-
LS0309\G, as the working document.
10:05:56 AM
CHAIR HOLLAND objected for purposes of discussion.
10:06:03 AM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, presented a summary of changes from Version A to
Version G of SB 34. He stated that the CS for SB 34, work order
32-LS0309\G, was a complete rewrite because of the complex
issues raised in various committee meetings. It directs the
involved parties to negotiate terms and submit a report to the
legislature of statute changes necessary for its enactment. The
CS also outlines a timeline to ensure negotiations occur on
pace. The first deadline, December 31, 2022, prescribes that
tribes must indicate their desire to participate in the compact.
March 31, 2023, prescribes the board to initiate negotiations.
January 31, 2024, specifies that parties submit a report of
recommended legislation to the legislature to enact the compact.
Finally, the legislature must approve the enabling legislation
by January 31, 2029.
10:07:22 AM
SENATOR BEGICH stated he had three questions. He asked what
would happen if the legislature did not approve the legislation
by 2029.
10:07:30 AM
MR. KING replied that the temporary law would expire unused.
10:07:34 AM
SENATOR BEGICH asked whether elected school boards have the
authority to negotiate. He questioned whether legislation was
necessary for tribal compacting to occur. He wondered if,
legally, anything prevents a locally elected school board from
entering into an agreement with a tribe.
10:08:13 AM
MR. KING replied that a school board could negotiate with a
tribe through the charter school program. However, the
legislature would need to act if there were issues in state law
preventing a tribal compact school from fully accomplishing its
mission. Committee discussions have been very complex, and too
little time remains in the legislative session to complete
complex negotiations. Furthermore, it could be argued that the
tribes, and DEED are better situated to negotiate which statutes
need to be changed, which is why the Board of Education was
given direction to negotiate the terms and take those to the
legislature. He stated that the question of whether compacting
could be done at the state level is appropriate. SB 34 is
uncodified law. It is a legislative affirmation that provides
guidance and support to DEED.
10:09:36 AM
SENATOR BEGICH opined that the legislature is the right place to
set policy, and members should not forego their responsibility
to focus on tribal compacting and making it a success. He said
the committee is postponing the legislation to next year. He is
willing to move the bill out of committee but believes nothing
has been done.
10:10:26 AM
CHAIR HOLLAND interjected that there were eight meetings on
tribal compacting, and each meeting presented new unresolved
issues. He stated it was uncertain that SB 34 could progress by
the end of the session but added that he was willing to work on
it again in 2023. He stated that the Alaska Federation of
Natives (AFN) considered the changes to SB 34 as a way to make
immediate progress.
10:11:05 AM
SENATOR STEVENS said that tribal compacting started as one of
the requirements of the Alaska Education Challenge. It is a
transformative change and, therefore, very complex. He is
disappointed that a stronger statement was not made about its
importance and need. The committee's plans were ambitious but
unattainable. He opined that SB 34 is not the answer but is a
baby step in addressing the problem. He thanked AFN and everyone
involved for the attention the issue received.
10:12:45 AM
CHAIR HOLLAND noted he received a letter of support from Alaska
Federation of Natives President Julia Kitka.
10:13:02 AM
CHAIR HOLLAND removed his objection. He found no further
objection and CSSB 34 was adopted.
10:13:23 AM
BENJAMIN MALLOTT, Vice President, Alaska Federation of Natives,
Anchorage, Alaska, thanked committee members for their hard work
on SB 34 because it is a very complex issue. AFN supports the
changes to SB 34 and looks forward to the next steps in tribal
compacting.
10:14:59 AM
SENATOR HUGHES asked if AFN agreed to the change of five
projects in five years. She wondered if the time allotted was
adequate.
10:15:29 AM
MR. MALLOTT deferred the question to Chair Holland.
10:15:35 AM
CHAIR HOLLAND replied that the time was discussed and negotiated
with President Kitka.
10:15:47 AM
SENATOR HUGHES said she recalled a meeting where the number of
demonstration projects had been higher and is glad an agreeable
number was determined.
10:16:07 AM
SENATOR STEVENS suggested Mr. Lamkin might have input regarding
the number of demonstration projects.
10:16:23 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, said that in the context of approaching tribal
compacting as a charter school model, the history of charter
schools in the late 1990s began with a cap. In a meeting with
President Kitka, the agreement was to start small and scale up
over time.
10:17:17 AM
JOEL ISAAK, Project Coordinator, Department of Education and
Early Development, Kenai, Alaska, said tribal compacting is
complex but can be expressed simply as a living relationship. He
compared the development of tribal compacting to the growth of a
child. Decisions and adjustments are made as the child grows. He
opined that SB 34 as a concept is complex but is simplified when
seen as a process. The negotiation process in SB 34 allows the
involvement of tribal leadership through upfront conversation,
which is critical to success. Tribal involvement under the
confines of the State Board of Education and the legislature is
the first step to successful tribal compacting. Parties working
together will bring well-crafted plans before the legislature
for questioning. He stated that the time frame is adequate. SB
34 provides clarity to the tribes regarding what will be
expected and what will be received.
10:20:46 AM
SENATOR BEGICH said many legislators incorrectly thought SB 34
would not move forward from last year, which would have been a
mistake because it is important to be moving forward constantly.
The committee had many meetings negotiating SB 34. He
understands that tribal compacting will be an ongoing process
and that a proposal will be brought before the legislature next
year. He asked Mr. Isaac to describe what would happen if a
proposal was made and the legislature pushed back. He said he
wants to take advantage of an opportunity to help the indigenous
population move forward.
10:22:47 AM
MR. ISAAK said that there is always a risk when looking to the
future. However, SB 34 provides for legislative involvement in
educational tribal compacting throughout the development process
to ensure accountability and resolve potential issues before
they become problems. He further described participation from
the public and the State Board of Education. He stated that when
tribal governments have been at the helm of solving rural or
statewide issues, they have been able to do so without
sacrificing tribal identities. He would expect to see the same
with educational tribal compacting. Preparation to move forward
would be determined partly by the reality of a tribe's capacity,
location, and readiness. SB 34 is a small first step in a long
tribal compacting process, which helps bring people along. There
is a critical mass that cannot move yet. SB 34 signals to the
tribes that Alaska wants to proceed, so they will begin to align
available resources such as federal funding and community
members.
10:26:10 AM
SENATOR BEGICH opined that involving the education department in
the negotiation process would be critical if tribal compacting
had broad inclusion. A successful outcome will be more likely if
the legislative body making the decision has a level of
expertise. There are 229 tribes in Alaska. He encouraged
inclusion to avoid pushback. The more knowledge the various
bodies have, the better it will be for tribal compacting.
10:27:30 AM
MR. ISAAC said that inclusion highlights the reason for the high
level of success in Indian health service tribal compacting. He
described how transparency and inclusion create efficiency. The
goal of educational compacting is to be inclusive. Some tribes
are not ready to compact but want to witness and provide input
for when they become ready. Therefore, inclusion is critical.
10:30:35 AM
SENATOR HUGHES said the State Board of Education launched the
Alaska Education Challenge in 2017, inspiring tribal and
community ownership of education excellence. That was five years
ago. She said Mr. Isaac mentioned five years for the compact to
evolve and it being hard to know the future. There is a sense
that tribal compacting will be good for students. She opined
that a timeline and vision for readiness would be helpful and
asked for his opinion on whether demonstration school doors
would open in Fall 2024 or 2025 if the legislature took action
in January 2024.
10:32:20 AM
CHAIR HOLLAND commented that the dates in SB 34 are deadlines;
it might be possible to move faster.
10:32:26 AM
MR. ISAAK replied that two years is a quick timeframe but also a
very realistic timeframe for a new school to come online. The
Knik charter school partnered with the state through a federal
grant and was operational in two years. Mr. Isaac said that he
provides consultation and support to the tribes. He stated his
belief that two years was a realistic and proven timeframe for a
demonstration school to open its doors. SB 34 signals tribes to
be ready and allows two years for the process, which is an
achievable goal.
10:34:24 AM
SENATOR STEVENS stated that SB 34 addresses an important issue
identified through the Alaska Education Challenge. Tribal
compacting was so complex that it was difficult to move forward
as initially anticipated. He stated that he appreciated Senator
Begich's question about whether districts could organize without
the legislature. However, to see the bigger picture, everyone
had to be brought together to determine if tribal compacting
could work and, if so, how it would work. He opined that school
boards could not accomplish the task in the same way as a
statewide focus. SB 34 is a baby step. He looks forward to the
process and success of tribal compacting in the future.
10:35:41 AM
CHAIR HOLLAND stated there were no further comments or
amendments.
10:35:52 AM
CHAIR HOLLAND solicited a motion.
10:35:55 AM
SENATOR STEVENS moved to report CSSB 34, work order 32-LS0309\G,
from committee with individual recommendations and attached
fiscal note(s).
10:36:10 AM
CHAIR HOLLAND found no objection and CSSB 34(EDC) was reported
from the Senate Education Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 34 CS (SEDC).pdf |
SEDC 3/17/2022 10:00:00 AM |
SB 34 |
| SB 34 Summary of Changes A to G.pdf |
SEDC 3/17/2022 10:00:00 AM SJUD 3/23/2022 1:30:00 PM |
SB 34 |
| SB34_AFN_Support.pdf |
SEDC 3/17/2022 10:00:00 AM SJUD 3/23/2022 1:30:00 PM |
SB 34 |