Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/12/2014 08:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB107 | |
| SB139 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 107 | TELECONFERENCED | |
| + | SB 139 | TELECONFERENCED | |
SB 139-EDUCATION: FUNDING/TAX CREDITS/PROGRAMS
8:28:03 AM
CHAIR STEVENS announced that the final order of business would
be SB 139.
8:28:08 AM
SENATOR DUNLEAVY moved to adopt the CS for SB 139, labeled 28-
GS2716\U, as the working document.
CHAIR STEVENS objected for discussion purposes.
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, presented changes to SB 139 on
behalf of the sponsor. He began with Section 1, page 2, which is
unchanged from the original version of the bill. It allows
students to challenge a course for credit. Section 2 is also
unchanged from version A. It provides for the removal of the
Exit Exam and its reporting requirements. Section 3 remains the
same and deals with the Exit Exam.
He said Section 4 remains the same and addresses the
accountability system related to the Exit Exam repeal. At the
bottom of page 4, a section was deleted which made reference to
requiring an assessment in order to graduate. A student now does
not have to take the ACT, SAT, or WorkKeys in order to graduate.
At the regulatory level, it is required for students in the 11th
grade to take WorkKeys and is paid for by the department. The
bill provides for the option for students to take an assessment
and the option for the department to pay for it.
CHAIR STEVENS asked if the diploma would still have WorkKeys on
it.
MR. LAMKIN thought it was a district-level decision to include a
WorkKeys score on the diploma.
He continued to explain that Section 5, on page 5, addresses the
application of a charter school. The policy change in version U
is that if a local school district denies a charter school
application, rather than the Commissioner of Education having
the final approval or denial, the Commissioner would instead
review the application and forward the recommendation to the
State Board of Education, who then would make the final decision
on the application.
8:31:22 AM
He said that Section 7, on page 6, is the same as the original
bill and repeals the requirement that charter schools report on
the Exit Exam. Section 8, on page 6, is the same except for the
deletion of the requirement for pupil transportation. Later in
the bill is an option for the local school board to provide for
pupil transportation. Section 9, on page 7, is the same except
for the removal of duties of the board to establish regulations
for an assessment - ACT, SAT, and WorkKeys.
He explained that Section 10 is the same as the original bill.
Section 11, on pages 7 and 8, is the section that gives school
districts the opportunity to negotiate with charter schools to
provide pupil transportation services. It is an attempt to adapt
a policy that would allow for some means of pupil transportation
to be addressed. It is consistent with an amendment that was
adopted in the other body. Section 12 remains the same and
regards applications for residential boarding schools. Section
13 remains the same and regards the boarding school stipends. He
understood that the Senate Finance Committee would determine the
level of funding.
CHAIR STEVENS commented on the importance of allowing the
Finance Committee to decide the level of funding.
8:33:29 AM
He said Section 14, on page 9, is a new section and addresses
"equitable" charter school funding, a policy area that has been
explored over a number of years. It regards having charter
schools being considered a separate school within a district for
funding purposes. Currently, their average daily membership
(ADM) has to be 150 students or more to be considered a separate
school; the change would lower the ADM to 75 students and would
significantly increase the number of charter schools eligible
for separate school funding.
He related that Sections 15-17 have to do with the Base Student
Allocation (BSA). The chair is electing not to address changes
in BSA funding at this time. The funding amount will be
determined by the Senate Finance Committee at a later date.
He addressed Sections 18 and 19, the Technical Vocational
Education Program (TVEP). In the original bill, the sunset date
was in 2014, and version U would extend the sunset 4 years until
2018. Historically, the extension has been five years. The new
CS also slightly changes the allocation structure of the
regional training centers. Four of the current technical
training centers have changed their names since the statute was
originally adopted. The current names of those entities are now
included in the bill. It merges the University of Alaska -
Southeast (UAS) with the University of Alaska - statewide (UA),
since the funding actually flows through UA. It also allows for
improved Southeast Alaska representation of regional training
centers.
He said Section 19 follows up with the TVEP funding in (8), on
page 11, lines 16 and 17, to give the Department of Labor more
teeth in requiring other performance and financial information
from institutions. There is also intent to set up more
performance measures and an audit of the institutions before the
next sunset. Sections 20 and 21, regarding articulation
agreements and dual credits for the training centers, remain the
same.
He explained that Sections 22 - 33 have to do with tax credits.
The change is at the request of the Association of Village
Council Presidents and is found on page 12, line 6. The words
"and operations" were added to accommodate non-profit tribal
organizations' involvement. On page 12, lines 13 and 14, the
words "or a nonprofit tribal organization" were added. The same
language is added throughout the bill in the tax credit section.
On the bottom of page 12 and the top of page 13, the bill
provides that if a corporate entity provides monies for early
childhood programs, it can be applied as a tax credit. This
language reflects amendments by the other body and applies
throughout the tax section.
8:38:16 AM
MR. LAMKIN moved on to Section 34, page 20, line 20, where
statutes establishing regulations for the Exit Exam are
repealed. This is the same as in the original bill. Section 35
was transition language to allow for phasing out of the Exit
Exam. Version U provides for retroactively awarding diplomas to
students who passed all local requirements, but failed the exit
exam. A student could contact the district to receive their
diploma.
SENATOR DUNLEAVY questioned if it is retroactive to all students
who have ever taken the exam.
MR. LAMKIN reiterated that it would be retroactive to those who
have taken and failed the exam and passed all their course
requirements.
SENATOR DUNLEAVY asked how many years it would go back to.
MR. LAMKIN said it would go back to 2004 when the Exit Exam was
first offered. He noted that the number of students who failed
the test after three attempts declined; he guessed there would
be about 1,000 students.
SENATOR DUNLEAVY he asked if it would go back to the concept of
the Exit Exam.
MR. LAMKIN said yes. He repeated the answer.
CHAIR STEVENS explained that making this change was difficult.
He said it is a strange situation "if we say the Exit Exam is no
longer necessary, we don't find it important, and we're doing
away with it, yet we're forcing students to keep taking it." He
said the change is an attempt to find the right way to make the
provision retroactive.
8:41:15 AM
MR. LAMKIN continued with Section 36. He said the language
stayed the same regarding the transition for charter school
applications and appeal process. Section 37 is the same as in
the original bill. Section 38 has the effective date for TVEP
funding, which is the same as in the original bill. Section 39
regards the BSA 1 increase effective date and remains unchanged.
Section 40 contains the effective dates for course challenging,
BSA 2, and the TVEP reporting. He recommended that in Section
40, effective dates for Sections 19 and 21 regarding TVEP
reporting should take effect immediately or July 1, 2014, due to
the need to gather information about the new performance
measures.
He said Section 41 is the effective date for BSA 3 and is the
same as in the original bill. Section 42 contains the effective
dates for the tax credits which are unchanged. Section 43 is the
effective date of the bill.
8:42:41 AM
CHAIR STEVENS said it is a very comprehensive bill.
SENATOR GARDNER thanked Mr. Lamkin. She asked if the requirement
for SAT/ACT and WorkKeys is removed.
MR. LAMKIN said correct.
SENATOR GARDNER referred to letters regarding a proposed TVEP
site in Southeast Alaska asking for 5 percent funding to come
out of UAS TVEP funding. She asked if that specific facility is
included in Section 18, on page 10, with the sites whose names
have changed or been added.
MR. LAMKIN replied that Southern Southeast Alaska Technical
Education Center has been added.
SENATOR GARDNER asked if that is the group that has been
contacting the legislature.
MR. LAMKIN believed so. He noted they were online to testify.
SENATOR GARDNER referred to Section 22, page 12, regarding
funding a scholarship by a nonprofit organization to a dual
credit student. She inquired if there are any such scholarships
in place now and if they are open to all students or only to
tribal members.
MR. LAMKIN said he could not speak about tribal scholarships,
but he expected that there are such scholarships. The bill would
add an incentive for there to be more.
SENATOR GARDNER voiced concern about providing a state tax
benefit for tribal scholarships. She wanted everyone in the
region to be able to qualify.
8:45:36 AM
MICHAEL HANELY, Commissioner, Department of Education and Early
Development (DEED), Juneau, Alaska, provided information related
to SB 139. He began with an explanation for the removal of the
requirement for the ACT, SAT, or WorkKeys. Currently, the
requirement for WorkKeys in the 11th grade is in regulation and
will still be required.
CHAIR STEVENS clarified that the diploma for all kids will have
a WorkKeys score.
COMMISSIONER HANLEY said it would be on the student's
transcript, not diploma. The added that the three assessments
are qualification tools for the Performance Scholarship.
8:48:40 AM
SENATOR GARDNER questioned whether students would graduate if
they don't take WorkKeys in 11th grade.
COMMISSIONER HANLEY said he would have to look at the
regulations.
SENATOR GARDNER commented that she was opposed to the test
requirement in order to receive a diploma.
COMMISSIONER HANLEY addressed the charter school application on
page 5 and 6. In the original bill the appeal would go to the
Commissioner who had three choices; to remand the appeal back to
local school board for further review, to approve the
application, in which case it would go to the state board with a
recommendation for approval from the Commissioner, or to confirm
a denial and the state board would ultimately make the final
decision. In version U, the three choices are still in place. He
said he is not clear on how that has changed.
8:51:34 AM
MR. LAMKIN explained that the intent is to allow the State Board
of Education to have the final say; the original bill said the
Commissioner would have the final say on a denial. He related
that if a local school board denies a charter school
application, the appeal is made to the Commissioner who would
then come up with a recommendation to the State Board, who would
ultimately decide. In the original bill, if the Commissioner
said no, it would end there.
COMMISSIONER HANLEY said they are very close in language and
intent. In current statutory language if a Commissioner denies
an appeal, that stops the process, but it still goes to the
State Board, but not for the opportunity to approve. He
suggested the intent of the new version of the bill might be
that the Board would review the Commissioner's decision
independently. He maintained that, ultimately, all denials and
approvals go to the Board. Approvals receive final approval;
denials are for information's sake.
CHAIR STEVENS suggested working on the language.
COMMISSIONER HANLEY offered to work with the sponsor on it.
8:53:55 AM
CHAIR STEVENS brought up page 9 in the CS, changing the student
count to 75 students instead of 151. He requested Commissioner
Hanley's response.
COMMISSIONER HANLEY stated that the change removes a size
restriction barrier for some charter schools. He described
Ketchikan's charter schools and their efforts to hit the 151
mark. The mark is a barrier that is starting to drive programs.
The change to 75 students allows a charter school to receive 95
percent of the funding and it provides additional flexibility
for smaller schools. If put into practice today, the total cost
would be $200,000 of additional funding and it would impact two
charter schools.
8:56:30 AM
COMMISSIONER HANLEY spoke to the Exit Exam on page 20, line 23,
the retroactive issuance of a high school diploma. He said
everyone agrees that at this point in time in the educational
system, the Exit Exam no longer has a value. However, the
retroactive policy decision seems to state that in 2004 it had
no purpose. He stated that the Exit Exam did have a purpose and
met an important requirement to set measureable standards. He
suggested the committee consider previous powerful testimony
from parents who shared stories of students who failed the Exit
Exam, but worked hard and came back to pass it, and who now see
that their peers do not have to take it. He did not see a legal
challenge to the provision, but disappointment for those who had
to come back to re-take it.
CHAIR STEVENS agreed there once was a value to it. He questioned
how to deal with it now; still require the test.
COMMISSIONER HANLEY offered the suggestions to minimize the
transition language or minimizing the retroactive part - only go
back a few years.
SENATOR GARDNER agreed that there is no way to be completely
fair. She suggested doing the best outcome for the most people.
9:01:01 AM
COMMISSIONER HANLEY addressed the removal of charter school
pupil transportation on page 8. He read, "A school district that
provides transportation services under this section shall
provide transportation services to students attending a charter
school operated by the district under a policy adopted by the
district." He stressed the idea is equity and this language
changes what was in the original bill but still meets the
intent.
SENATOR GARDNER said she is troubled by the fact that districts
are going to provide transportation to neighborhood schools and
anticipate a path for transportation to charter schools, but do
nothing for the non-charter alternative schools.
COMMISSIONER HANLEY agreed. He said if he was a parent of a
student in an alternative school that received no transportation
there should be a strong local conversation or a state level
conversation.
9:03:14 AM
COMMISSIONER HANLEY said the other changes mentioned fit the
intent of the bill.
CHAIR STEVENS asked for his thoughts on TVEP.
COMMISSIONER HANLEY turned to TVEP on page 10. He pointed out
that the original bill did not address the recipients of TVEP
funds, which falls to Department of Labor and Workforce
Development. He said the component added on page 11, line 16,
fits into language that was originally in the bill. Line 8 and
line 12 recognize that dual credits should be offered and there
should be an articulation agreement with high schools. It adds
requirements for entities that receive TVEP funds.
9:05:11 AM
CHAIR STEVENS requested comments on the tax credit.
COMMISSIONER HANLEY turned to pages 12 and 13 and stated that
childhood early learning and development programs are
appropriate for the use of tax credits. He noted it is up to the
Department of Revenue to oversee. He added that "educational
support to childhood programs" is a corporation applying for a
tax credit and the Department of Revenue understanding that it
fits the intent of the bill. He opined that it seems broad and
appropriate and would allow not only nonprofit preschools, but
also educational support programs like Best Beginnings and
Parents as Teachers.
SENATOR GARDNER asked if there are any existing scholarship
programs for students going to residential schools.
COMMISSIONER HANLEY said he was not aware of any.
9:07:27 AM
CHAIR STEVENS withdrew his objection. There being no further
objection, the motion carried.
He opened public testimony.
9:08:43 AM
CHARLENE ARNESON, President, Chugach School Board, Chugach
School District, Anchorage, Alaska, testified in support of an
increase in the BSA. She said the success of schools depends on
a proposed funding increase in the BSA found in SB 139. This
funding will help to pay for rising transportation, energy, and
personnel costs. If the BSA remains unchanged, district funds
will be stretched thin and it will result in cuts.
9:11:36 AM
JOEY ESKI, Chair, Academic Policy Committee, Aquarium Charter
School, Anchorage, Alaska, testified in support of charter
school funding. She noted that charter schools run on tight
budgets due to inconsistent interpretation of the law. She
provided the history of charter school laws. She listed two
areas where charter school laws would benefit from being
updated; program funding and facilities. She maintained that SB
139 creates equal access to funding for charter schools. She
suggested adding a per pupil facilities allowance to the bill.
9:16:15 AM
DEBORAH WILLIAMS, Executive Director, Anchorage Youth
Development Coalition, Anchorage, Alaska, testified in support
of raising and inflation proofing the BSA. She read a resolution
stressing the importance of funding education and in raising the
BSA to reflect inflation to ensure success of students and to
prevent cuts. She listed the signers of the document.
9:20:21 AM
LISA REGER, Cook Inlet Tribal, Anchorage, Alaska, testified in
support of SB 139. She addressed transportation needs of charter
schools and the barrier that lack of transportation funding is.
She also stated support for equity in facilities.
9:21:27 AM
MARIE MARX, representing herself, Juneau, Alaska, testified in
support of an annual increase in the BSA. She said she graduated
from Juneau Douglas High School and is a parent of two children
currently in the Juneau School District. She noted she has
served on school site councils for about seven years and
currently chairs the DZ Middle School Site Council. She thanked
the legislature for investments made in education. She
maintained that schools need a predictable, annual increase to
the BSA to allow schools to keep up with rising costs. The
current system, a one-year boost in funding, undercuts the
schools district's ability to do long-range financial planning.
She listed the successes in the Juneau School District including
increased graduation rate and a decreased dropout rate. At DZ
Middle School, the test results are the highest they've ever
been. Because of the current flat funding model, programs and
services will be lost. She requested an annual, predictable
increase in public education funding sufficient to keep up with
rising costs. It is crucial for long-range financial planning.
9:23:13 AM
DAVID BRIGHTON, Teacher, Kenai Peninsula Borough School
District, Tyonek, Alaska, testified in support of increasing and
inflation proofing the BSA. He described the difficulties in the
RTI program because there was not a teacher the first semester
of the year. He asked for inflation proofing of the BSA and an
increase in funding in order to prevent similar cuts. It would
make a difference in a small village school.
9:24:45 AM
TODD HINDMAN, Principal Teacher, Anvil City Science Academy,
Nome, Alaska, testified in support of increasing charter school
funding. He said he was thankful and happy to see proposed
legislation that provides flexibility for the implementation of
new charter schools and continued operation of well-established
programs. Two of the more common challenges charter schools face
are beginning to be addressed - facilities and financing.
He echoed previous comments that more needs to be done to ensure
charter school funding makes its way directly to charter school
classrooms and students. He hoped the Governor and the
legislature would continue to seek ways to strengthen current
charter school statutes that provide accountability that charter
schools should be held to by local school districts. He thanked
the committee for the time to speak.
9:25:52 AM
WES ANDREWS, School Counselor, Kenai Peninsula School District,
Kenai, Alaska, testified in favor of increasing the BSA and
inflation proofing. He said school counselors are often in the
position where cuts are made. He stressed that counselors
provide an essential service.
9:27:35 AM
GREG REYNOLDS, Executive Director, Southeast Career Consortium,
Sitka, Alaska, testified on TVEP as found in SB 139. He
addressed Section 18 - the TVEP portion - and said he agrees
with the changes, with one exception. The Southeast Career
Consortium is not included in the list, even though it is a
regional training center for Southeast Alaska. He said TVEP was
set up to support regional training centers and SCC was there at
TVEP's inception. As of yet, SCC has not been able to
participate. He noted the last two organizations on the TVEP
list are not regional training centers. He requested to be
included.
CHAIR STEVENS thanked Mr. Reynolds and said he would continue to
work on ways to bring new organizations into TVEP. He thanked
him for his comments.
9:29:44 AM
TAMMI GANGULI, representing herself, Fairbanks, Alaska,
testified in favor of increasing and inflation proofing the BSA.
She described the effects of flat funding district schools
resulting in increased class size. She asked if the BSA increase
on page 9, line 25, is the Governor's proposal.
CHAIR STEVENS said it is the Governor's proposal. Other bills
have a higher amount. The intention is to send all of those on
to the Finance Committee to decide the dollar amount.
MS. GANGUIL requested that the dollar amount for the BSA
increase should be much higher - over $400 - and sustained from
year to year and inflation proofed. The Governor's proposal in
SB 139 is a step in the right direction, but not high enough.
She noted there is an $8 million shortfall in Fairbanks and a
loss of over 30 teachers. She described the difficulties of the
magnet school's ability to function, such as losing eight course
offerings and support staff.
9:35:45 AM
CHAIR STEVENS closed public testimony and held SB 139 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 07_SB107_K3_Reading_BillText_VersionU_02042014.pdf |
SEDC 3/12/2014 8:00:00 AM |
SB 107 |
| 15_SB139_WestHigh_PTSA_Resolution_BSA_Increase.PDF |
SEDC 3/12/2014 8:00:00 AM |
SB 139 |
| 16_SB139_BillText_VersionU_03122014.pdf |
SEDC 3/12/2014 8:00:00 AM |
SB 139 |
| 17_SB139_Parent-Teachers_AnchSchoolDistrict_Resolution_BSA_Increase.pdf |
SEDC 3/12/2014 8:00:00 AM |
SB 139 |
| 18_SB139_CentralMiddle_PTO_Resolution_BSA_Increase.pdf |
SEDC 3/12/2014 8:00:00 AM |
SB 139 |
| 19_SB139_VillageCouncilPresidents_Support_TaxCreditAmendments.pdf |
SEDC 3/12/2014 8:00:00 AM |
SB 139 |