Legislature(2021 - 2022)BUTROVICH 205
02/25/2022 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB198 | |
| SB146 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 198 | TELECONFERENCED | |
| *+ | SB 146 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 198-RAMPART SCHOOL: YUKON-KOYUKUK DISTRICT
9:06:01 AM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 198
"An Act providing that Rampart School is located within the
Yukon-Koyukuk School District regional educational attendance
area; and providing for an effective date."
9:06:24 AM
HEIDI TESHNER, Administrative Services Director, Department of
Education and Early Development, Juneau, Alaska, said
Commissioner Johnson had hoped to be present but was traveling.
She noted that Commissioner Johnson expressed wholehearted
support for SB 198 and urged its quick passage to help the
students of Rampart.
MS. TESHNER stated that the Rampart school is currently part of
the Yukon Flats School District because it is located within its
boundary. However, by a memorandum of agreement (MOA), the
Yukon-Koyukuk School District (YKSD) has been administering and
operating the Rampart school since FY 2017. The administration
attempted to change the boundary through a decisional memorandum
in April 2019, but school district boundaries cannot be changed
by administrative agreement. This leaves residents in the
Rampart area unable to vote for Yukon-Koyukuk School Board
members. Yukon Koyukuk and Yukon Flats are regional educational
attendance areas that are part of the unorganized borough.
According to the Alaska State Constitution, Article 10, Section
6, legislative action is required to change the boundary. AS
29.03.020 states, "Allowing for maximum local participation, the
legislature may establish, alter, or abolish service areas
within the unorganized borough to provide special services, that
may include schools." SB 198 allows for maximum local
participation with the Yukon-Koyukuk School Board. The
legislature is the appropriate entity to provide authorization
for Rampart to be part of the Yukon-Koyukuk School District
(YKSD). Furthermore, the community of Rampart is culturally and
historically aligned with the communities in the Yukon-Koyukuk
district, and both school districts favor the change.
9:10:04 AM
CHAIR HOLLAND opened invited testimony on SB 198.
9:10:29 AM
LAURIE THOMAS, President, Yukon Flats School Board, Fort Yukon,
Alaska, stated that she knows the history of Rampart school well
from serving on the school board for 20 years. The Yukon Flats
school board closed Rampart many years ago. The Rampart
community approached the board about reopening several years
ago. School board members met with the community and tribal
administrators before voting to reopen the school. It was
determined following enrollment that it was logistically prudent
for Rampart to be in the Yukon-Koyukuk School District. A
memorandum of agreement was penned and voted on. The memorandum
was upheld every fall; therefore, SB 198 was put forward. She
stated she approves of the request on behalf of the Yukon Flat
School District to redistrict Rampart to the Yukon-Koyukuk
School District.
9:14:09 AM
KERRY BOYD, Superintendent, Yukon-Koyukuk School District
(YKSD), Fairbanks, Alaska, stated she has worked for the Yukon-
Koyukuk School District for 15 years and is in favor of SB 198
permanently moving Rampart into the Yukon-Koyukuk School
District. Rampart is currently in Yukon Flats School District.
Rampart Village Council requested to move the school boundary to
Yukon-Koyukuk in a letter dated April 9, 2016. Discussions were
held, and all entities were in favor of redistricting. A
memorandum of agreement (MOA) was signed, and school district
attorneys ensured proper procedure was followed.
MS. BOYD said that since July 1, 2017, the MOA has been in
effect through the annual approval of both school boards. It
became apparent that a permanent boundary change was needed to
clarify ownership and maintenance of the school and its
facilities. The change would also allow Rampart residents to
vote in Yukon-Koyukuk's school board elections since the
Division of Elections could not use the MOA to recognize an
official boundary change. Searching for a way to make a
permanent change has been time-consuming. Since 2018 both school
districts have worked with local legislators, the executive
branch, and other agencies. On April 11, 2019, the commissioners
from the Department of Commerce, Community and Economic
Development (DCCED), and Department of Education and Early
Development (DEED) signed a decisional memorandum to recognize a
permanent school district boundary change. On August 1, 2019,
the director of elections determined that the memorandum did not
have the force of law and could not be used to change the
boundary. Both school districts have worked with the Department
of Law for two years on how to proceed. SB 198 is a simple
straight forward permanent resolution. She asked for the
committee's assistance in establishing a permanent boundary
change and expressed appreciation to Governor Dunleavy and his
administration for sponsoring SB 198.
9:18:57 AM
SENATOR BEGICH asked if SB 198 did not pass would she continue
working as the superintendent for YKSD.
MS. BOYD responded that she has a few good years left, hopes the
committee does not say no.
9:19:17 AM
SENATOR HUGHES recalled that Rampart is located southwest of the
Yukon River. She said she is concerned about setting a precedent
and asked whether the boundary change would be a borderline
expansion or a carve-out.
MS. BOYD replied the change would slightly enlarge YKSD's
boundary. She stated that Rampart is culturally similar to YKSD,
which is 99 percent Athabaskan. It is what started the border
change discussion. Rampart wanted to participate in the Native
language and other courses YKSD offers. It is not a problem for
YKSD, and school board members want to support Rampart school
students.
9:20:46 AM
SENATOR HUGHES asked if someone from DEED could answer whether
the border change would be contiguous and adhere to any rules
that may exist regarding school district boundaries. She stated
she did not oppose the change.
MS. TESHNER replied the change would be contiguous. The
borderline expands to include Rampart and nothing would be cut
out of the middle.
SENATOR HUGHES asked if there were any rules or guidelines
regarding school district boundaries, such as not cutting out of
the middle.
MS. TESHNER stated this is the only district she knows that
needs to shift a boundary for a school. She speculated that if
the census of a community were affected, then a limit would need
to be set on how much area could be carved out. She stated that
she would want clear language limiting the amount of area that
could be cut from the middle of a district if the situation
arose.
9:22:27 AM
SENATOR MICCICHE said he had no concerns with SB 198 after
learning about the five-year trial period and talking to people
from those districts; without the change, it is education
without representation. The people of Rampart should be able to
vote for YKSD board members.
9:23:28 AM
SENATOR STEVENS commented that the boundary change seemed
reasonable but asked if there was any opposition to the request.
MS. TESHNER responded that she had heard of no opposition. The
administration and both districts are in support of SB 198.
SENATOR BEGICH showed a map of the districts on his cell phone
and opined that the boundary change is logical because it
straightens the boundary line and puts Rampart in the same
school district as a village to the east.
9:24:43 AM
CHAIR HOLLAND opened public testimony on SB 198; he found none
and closed public testimony.
9:25:07 AM
CHAIR HOLLAND found no objection to SB 198 and solicited a
motion.
9:25:22 AM
SENATOR STEVENS moved to report SB 198, work order 32-GS2062\A,
from committee with individual recommendations and attached
fiscal note(s).
9:25:36 AM
CHAIR HOLLAND reported SB 198 from the Senate Education Standing
Committee.