Legislature(2021 - 2022)DAVIS 106
05/10/2022 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB111 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 111 | TELECONFERENCED | |
SB 111-EARLY EDUCATION; READING INTERVENTION
8:06:36 AM
CO-CHAIR DRUMMOND announced that the only order of business
would be CS FOR SENATE BILL NO. 111(FIN) am, "An Act relating to
the duties of the Department of Education and Early Development;
relating to public schools and school districts; relating to
early education programs; relating to funding for early
education programs; relating to school age eligibility; relating
to reports by the Department of Education and Early Development;
relating to reports by school districts; relating to
certification and competency of teachers; relating to screening
reading deficiencies and providing reading intervention services
to public school students enrolled in grades kindergarten
through three; relating to textbooks and materials for reading
intervention services; establishing a reading program in the
Department of Education and Early Development; relating to the
definition of 'parent' in education statutes; relating to a
virtual education consortium; and providing for an effective
date."
CO-CHAIR DRUMMOND presented a letter [included in the committee
packet] in support of the proposed House committee substitute
(HCS) to CSSB 111(FIN), Version 32-LS0485\F, Klein, 5/8/22
("Version F"). The letter read as follows [original punctuation
provided]:
We submit this letter concerning the House
Education Committee Substitute to Senate Bill 111. We
believe the additions and changes in our CS strengthen
SB 111's intent to support the reading achievements of
Alaska's students.
Our committee heard many concerns this year
regarding the effectiveness of the available reading
curriculum for all Alaska students. What we found is
that students must be able to relate and connect to
their lessons in order to learn, a sentiment that is
strongly supported by the science of reading
principles. This means that to help many of our
students succeed, we need to be teaching with local,
place-based, and culturally relevant tools.
The example has been brought before our committee
many times that "there are no busses, subways,
sidewalks or street curbs" in most rural Alaska
villages. However, these are often the examples found
in textbooks and assessment tools that are being used
to teach our children. Our version of the Alaska Reads
Act takes this, and many of the unique cultural
differences found across our vast state, into account
by writing in a strong level of local control and
acknowledging the Alaska Native cultural heritage that
informs over twenty percent of our student population.
To support this effort, this bill creates a Division
of Alaska Cultural Education in DEED to assist
districts in making certain that available curriculum,
screening tools, and professional development will
help effectively educate all of Alaska's children.
Our schools must work with our students and meet
them where they are for them to succeed. While some
individual districts may have developed culturally
relevant curricula and screening tools, these assets
are not available to all, and will take time and
resources to develop for more districts, and the
Division of Alaska Cultural Education can help. This
version of SB 111 adds support for districts to create
their own Alaska cultural and language immersion
schools. Place-based knowledge is important for all of
Alaska's students. The lack of awareness of the
strength of traditional knowledge in our curricula is
a gap in our instruction. Correcting this will help
all students to better connect with their studies.
Additionally, this version adds more district
reading specialists and fiscal supports to aid
teachers and paraprofessionals in professional
development, development of the reading program, use
of screening tools, implementing reading improvement
plans, and adaptive curriculum. Putting this forth as
an unfunded mandate would risk overextending already
strained classrooms leaving our children, who are
already struggling, at a disadvantage as their
learning tools and supports are stretched even
thinner.
We want to move more quickly to expand access to
universal optional Pre-K. This CS accelerates access
to Pre-K so that more four-year-olds are ready to
learn in kindergarten, and adds fiscal supports to do
this.
This bill also increases student funding in the
Base Student Allocation (BSA) for the first time in
six years. We recognize districts are already working
to improve reading skills with our students. By
providing a BSA increase, this allows districts to
address rising fixed costs and leaves funding in place
for reading program training, and interventions, or
other district needs.
In addition, we have added a return to a defined
benefits option to aid in teacher and paraprofessional
retention. We heard in testimony that the districts
with the five highest reading scores have the longest
teacher retention, and the districts with the lowest
reading scores have some of the lowest teacher
retention rates in the state.
We have heard it argued that this isn't a
retention bill, and so our version of SB 111 makes
certain of this by removing the retention language.
Years of research shows that holding back students
does not improve academic performance and can actually
be harmful for children over time socially,
emotionally, and academically. Instead of retention,
additional supports and summer school programs are to
be made available to families and students who choose
to utilize extra supports to help kids make reading
gains through their districts.
Our children need champions. It is our belief
that together we can build a brighter future for our
children and Alaska. Thank you for giving us the
opportunity to work together on this historic
legislation.
8:11:53 AM
ARIEL SVETLIK, Staff, Representative Andi Story, Alaska State
Legislature, presented the summary of changes [included in the
committee packet] for the proposed HCS to CSSB 111(FIN) am,
Version F, on behalf of House Education Standing Committee, on
which Representative Story serves as co-chair. She stated that
the written copy of the summary of changes should be a helpful
comparison tool, adding that any bill sections not listed in the
summary have not been changed. She stated that, because of the
bulk of added material to the bill, there would be an undated
title to represent the changes. She presented the summary of
changes which read as follows [original punctuation provided]:
Section 2 Adds a new section declaring the legislative
intent.
Section 4 AS 14.03.060(e)
• Removes "a pre elementary" and inserts "an
early education."
• Removes Head Start language to clarify
that Head Start programs operate
independently from the department.
Section 5 AS 14.03.060(e)
• Removes "approved or," conforming with the
changes in Section 4.
Section 6 AS 14.03.072(a)
• Inserts "including the parents as teachers
program" in paragraph (a)(2).
Section 7 AS 14.03.072(a)
• Conforms with changes to Section 6.
Section 8 AS 14.03.078(a)
• Inserts "employ data analyst and" to
complete the report.
• Removes paragraph (a)(8) as added in
version 32-LS0485\R.A
• This also removes Sections 8 and 9 that
appeared in 32-LS0485\R.A because the sunset
clauses were no longer needed.
Section 9 AS 14.03.078(a)
• This is a new section conforming with
changes to Section 8.
Section 10 AS 14.03.080(c)
• Removes "who is at least four years of age
at the beginning of the school year" and
inserts "and a child who is at least four
years of age at the beginning of the school
year may be admitted to an early education
program" to conform with changes in Section
4.
Section 11 AS 14.03.080(c)
• Conforms with changes to Section 10.
Section 13 AS 14.03.120
• Removes subparagraphs (h)(2)(C),
(h)(2)(D), (h)(2)(F), (h)(2)(G), and (h)(3)
as added in version 32-LS0485\R.A, so the
department no longar shall publish certain
information regarding grade three literacy
performance and retention.
• Removes "The department shall post the
information a single downloadable comma-
separated values file or a similar single
downloadable file that allows data storage
in tabular format" from subsection(i).
Section 14 AS 14.03.127(a)
• Adds a new section that increases school
district internet download speed to a
minimum of 25 megabits per second.
Section 15 AS 14.03
• Removes "$3,000,000" and inserts
"$5,000,000" in subsection (b) to increase
pre-K grants so more children have access to
early learning.
8:16:31 AM
MS. SVETLIK continued with the summary of changes, which read as
follows [original punctuation provided]:
Section 16 AS 14.03.127(a)
• Adds new language in paragraph (a)(3),
"including culturally responsive advisory,
supportive, and consultative services,"
clarifying that culturally responsive
support is necessary.
• Adds new language in paragraph (a)(18)
"oversee and support the division of
cultural education, including in developing
culturally responsive curricula,
assessments, and professional training for
teachers;" referring to the new division.
• Adds new language in paragraph (a)(21)
"annually convene an in-person or digital
reading convention that includes support for
reading in Alaska Native and other non-
English languages."
Section 17 AS 14.03.127(a)
• Conforms with changes to Section 16.
Section 18 AS 14.07.020(c)
• Inserts a new section to distinguish a
Head Start program from an early education
program.
Section 19 AS 14.07.020
• Inserts a new section that conforms with
culturally responsive language.
Section 20 AS 14.07.050
•Adds "including culturally responsive
textbooks and materials," to paragraph (2).
Section 21 AS 14.07.050
• Conforms with changes to Section 20.
Section 22 AS 14.07.165(a)
• Replaces "adapt" with "develop" in
subparagraph (a)(5)(C).
• Adds paragraph (a)(7) which establishes
duties for the Commission on Cultural
Education.
Section 23 AS 14.07.168
• Removes "consortium" and inserts "library"
in paragraph (4).
Section 24 AS 14.07.168
• Removes "consortium" and inserts "library"
in paragraph (4).
Section 25 AS 14.07.180(a)
• Adds new language requiring the board to
establish standards for culturally
responsive education.
Section 26 AS 14.07
Creates Article 3. Cultural Education, adding new
sections:
AS14.07.200 establishing the division of
cultural education.
AS14.07.210 describing the duties of the
division of cultural education.
AS14.07.220 establishes the Commission on
Cultural Education.
Section 27 AS 14.17.410(b)
• Adds a culturally based school factor into
the foundation formula.
Section 28 AS 14.17.420
Clarifies requirements for culturally
based schools to qualify for additional
formula funding.
Section 29 AS 14.17.430
• Increases the formula factor for funding
to correspondence schools from 90% of
average daily membership to 100% of average
daily membership.
Section 30 AS 14.17.470
• Inserts a new section increasing the base
student allocation to $6,153.
Section 31 AS 14.17.470
• Inserts a new section increasing the base
student allocation to $6,208.
Section 32 AS 14.17.500
• Inserts a new subsection (g), which adds
all district students to the ADM. This
allows for formula school transportation
funding for Pre-K.
Section 33 AS 14.17.500(d)
• Conforming language to sunset Section 32.
Section 34 AS 14.17.905(a)
Inserts language to subparagraph (a)(2)(A)
to allow funding for Pre-K students.
Section 36 AS 14.20.015(c)
Adds culturally responsive requirements.
• Allows a teacher two years to receive a
certificate after beginning teaching
kindergarten.
8:21:35 AM
MS. SVETLIK continued with the summary of changes, which read as
follows [original punctuation provided]:
Section 37 AS 14.20.015(c)
• Conforms with changes to Section 36.
Section 39 AS 14.20.020
• Adds culturally responsive requirements.
• Allows a teacher two years to receive a
certificate after beginning teaching.
Section 40 AS 14.25.009
• Repeals and reenacts this section of law
providing that teachers are eligible to be
part of the Defined Benefit (DB) retirement
plan. Also requires that employers will
continue to offer the Defined Contribution
plan for public employees.
Section 41 AS 14.25.040(a)
• Amends statutes to include the ability for
a teacher to participate in the Defined
Benefit retirement plan if they are not
participating in the university plan or the
Defined Contribution plan.
Section 42 AS 14.25.050(a)
• Referencing the new subsection in statute
which established the employee contribution
rate for the DB pension option plan unless
they are on unpaid leave or receiving
workers compensation.
Section 43 AS 14.25.050
• Establishes a variable contribution rate
for teachers starting at 8% and rising to
12% if the Defined Benefit plan becomes
underfunded. Permits the employer to deduct
that contribution from the employee's
compensation prior to tax computation.
Section 44 AS 14.25.087
• Establishes that each teacher will have an
individual Health Reimbursement Arrangement
(HRA) account to assist the former employee
with the costs of health care in retirement.
Section 45 AS 14.25.110(a)
• Add language that a Post Retirement
Pension Adjustment (PRPA) shall be provided
to retired teachers under certain
circumstance.
Section 46 AS 14.25.110
• Providing an adjustment to pension amounts
for those dependents who are receiving
benefits as the result of the death of a
former member.
Section 47 AS 14.25.143 (e)
• Establishes that a Post Retirement Pension
Adjustment (PRPA) can be provided to retired
former teachers if the unfunded liability in
the Defined Benefit trust funds is
determined to be at equal to or greater than
90% funded.
Section 48 AS 14.25.157(a)
Removes the requirement that the death or
disability of a teacher be related to an "on
the job injury" prior to the beneficiary
receiving a 40% pension amount based upon
the deceased former member's salary.
Section 49 AS 14.25.157(c)
• Ensures that not more than one benefit is
being paid to a beneficiary of a deceased
former member.
Section 50 AS 14.25.162(b)
• Likewise, limits the survivor to a single
benefit payment as a result of a former
member's death.
Section 51 AS 14.25.164(b)
• Likewise limits the spouse's benefit
payment to a single benefit amount based
upon the death of a former teacher.
Section 52 AS 14.25.167(a)
• Ensures that benefit payments under the
Joint and Survivor options are in place
of other Death and Disability benefits.
Section 53 AS 14.25.167(e)
• Removes the requirement that the death or
injury of the former member be sustained
while working on the job for the public
employer if the spouse is receiving Survivor
benefits.
Section 54 AS 14.25.168(a)
• Limits the survivor to medical insurance
benefits provided under new section 56 of
this legislation (medical benefits.)
Section 55 AS 14.25.169
• Allows benefits to be paid to a surviving
spouse when the surviving spouse is also a
former member of the State of Alaska
retirement plan.
Section 56 AS 14.25.171
• Creates a new medical benefits program
establishing that an employee who selects to
receive benefits under DB is entitled to
medical benefits as well. This also includes
medical benefits for the surviving spouse
and requires that the recipient make the
selection for medical benefits on or before
the person turns 70.5 years old.
Section 57 AS 14.25.220(5)
• Establishes that new employees in the
pension option plan calculate pension
benefits amounts based upon the salary
earned over five consecutive years' service.
Section 58 AS 14.25.310
• Establishes that teachers who do not
select to transfer to the new Defined
Benefit plan shall remain part of the
Defined Contribution plan.
Section 59 AS 14.25.167(e)
Requires all Alaskan public employers who
participate in the Defined Benefit plan to
also participate in the Defined Contribution
plan for the benefit of those teachers who
select to join the Defined Contribution
plan.
8:26:33 AM
MS. SVETLIK continued with the summary of changes, which read as
follows [original punctuation provided]:
Section 60 AS 14.25.167(e)
• Provides that a newly hired teacher may
make the irrevocable choice to switch from
the Defined Benefit plan to the Defined
Contribution plan and may make the choice
retroactive to the time of first hire. This
section provides a 90-day window for
existing participants to join the Defined
Contribution plan after the date of hire.
Section 61 AS 14.25.350(e)
• Requiring the employer to make actuarially
determined annual contributions to the
trust funds to provide death and disability
coverage for teachers. Also removes the
occupational requirement for death and
disability coverage.
Section 62 AS 14.25.487(a)
Removes the requirement that the death or
disability of a teacher be proximately
caused by injury suffered while on the job.
Section 63 AS 14.25.490(a)
• Ensures that vested benefits cannot be
diminished or impaired in accordance with
the Alaska State Constitution, Article 12,
section 7.
Section 64 AS 14.25.490(b)
• Ensures that accrued benefits of teachers
cannot be diminished or impaired in
accordance with the Alaska State
Constitution, Article 12, section 7.
Section 65 AS 14.25.490(c)
• Likewise ensures that the constitutional
protections for teachers apply to any
termination of the retirement plan by the
employer.
Section 66 AS 14.25.490(d)
Permits a one-year window for the refund
of funds paid to the plan by an employer if
there was a mistake made on that payment.
Section 67 AS 14.30
• Adds a new section to article 10
establishing a cultural grant program
• Districts can request assistance to build
and develop a culturally based school.
• One-time grants of up to $150,000 can be
used for this.
Section 68 AS 14.30
Section 14.30.760 changes:
• Removes "statewide" from paragraph (a)(1).
• Adds "culturally responsive" to paragraph
(a)(1).
• Adds a new paragraph (a)(2) calling for
districts to be able to adopt evidence based
and culturally responsive screening tools.
• Adds a new paragraph (a)(3) to develop a
screening to template to assist districts in
developing culturally responsive screeners.
• Adds a new paragraph (a)(4) that the
department will help districts with the
development of screening tools upon request.
• Replaces "a statewide" with "an approved"
in paragraph (a)(5).
• Replaces "training" with "professional
development", replaces "the statewide" with
"an approved", and adds "cultural
responsiveness" to paragraph (a)(6).
• Added a new paragraph (a)(8) that replaces
language from paragraphs (a)(5) and (a)(6)
of Section 33 of version 32-LS0485\R.A. This
paragraph removes the waiver and allows for
a comparison of performance between third
and sixth grade in cultural schools.
• Adds a new paragraph (b)(5) concerning
school district calendars.
8:30:32 AM
MS. SVETLIK continued with the summary of changes, which read as
follows [original punctuation provided]:
Section 14.30.765 changes:
• Removes "a statewide" and inserts "an
approved" in paragraph (a)(1).
• Adds "culturally responsive" in paragraph
(a)(2).
• Removes "within a single school year" from
paragraph (a)(3).
• Removes "a statewide" and inserts "an
approved" in paragraph (a)(8).
• Adds "older siblings" to paragraph(a)(10).
• Removes "a statewide" and inserts "an
approved" in subsection (b).
• Removes subsection (c) through subsection
(m) of Section 33 of version 32-LS0485\R.A.
Section 14.30.770 changes:
• Removes "25 percent" from subsection (a).
• Subsection (a) adds language to allow a
school to opt out from district support,
passing that support to the next
qualifying school.
• Language in paragraph (a)(2) conforms with
changes in subsection (a).
• Removes subparagraph (a)(4)(E) from
Section 33 of version 32- LS0485\R.A.
• Adds "cultural responsiveness" to
subparagraph (a)(8)(B).
• Removes the requirement from subsection
(c) that every school's application for the
program be published.
• Removes "for the preparation of a reading
specialist" and adds "approved by the
department" to paragraph (d)(2).
• Removes "teaching" from subparagraph
(d)(2)(B).
• Adds "cultural responsiveness" to
subparagraph (d)(3)(A).
• Removes "indigenous" and inserts "Alaska
Native" in paragraph (d)(4).
Section 14.30.775 new section:
• Inserts a new section that provides $1,000
grants for teacher supports for students in
grades kindergarten through three who have
reading deficiencies based on approved
screening tools.
Section 14.30.780 new section:
• Creates ten annual grants for districts to
apply for reading specialists, defines award
and use parameters.
Section 14.30.790
• Adds "and cultural responsiveness" to the
definition for "evidence-based reading
intervention" in paragraph (2).
Section 69 AS 14.30.
Section 14.30.800 changes:
• Removes "consortium" and inserts "library"
in subsection (a) on lines 18 and 20.
• Removes "consortium" and inserts "the
department" in subsection (a) on line 20.
• Changes intent so the database is
accessible to all school districts who
partake in "virtual education" rather than
"participate in the consortium" in
subsection (a).
• Removes "through the consortium database,
the consortium" and inserts "the library
shall provide" in subsection (b).
• Removes "consortium" and inserts "library"
in paragraph (b)(1).
• The district determines a teacher's
readiness rather than the consortium in
paragraph (b)(2).
• Removes "consortium" and inserts "library"
in subsection (c).
• Removes "consortium" and inserts "library"
throughout subsection (d).
• Changes language in subsection (d)
allowing the department to determine fees.
• Removes "consortium" and replaces with
"the department" in subsection (f).
Section 70 AS 14.06.010
• Adds a new paragraph (9) defining "cross-
cultural."
• Adds a new paragraph (10) defining
"culturally based school."
• Adds "Alaska Native" to subsection (11).
8:35:10 AM
MS. SVETLIK continued with the summary of changes, which read as
follows [original punctuation provided]:
Section 71 AS 37.10.220(a
• Permits the Alaska Retirement Management
(ARM) Board to make adjustments to the
participants contribution rates (8% rising
potentially to 12%) and allowing for a Post
Retirement Pension Adjustments (PRPA).
Section 72 AS 37.10.220(b)
• Expands the power of the Alaska Retirement
Management Board to establish the amount of
the Post Retirement Pension Adjustment and
to adjust the employee contribution rate
when the actuary determines that the Defined
Benefit trust account is underfunded.
Section 73 AS 39.30.090(a)
• Permits the employer to obtain health
insurance coverage for teachers under AS
14.25 and all other employees under AS
39.35, who participate in the pension option
or DC plan.
Section 74 AS 39.30.097(a)
• Permits the employer to prefund the health
insurance trust funds that will provide
public employees health insurance under the
medical plan once these retirees are
Medicare eligible. Before these retirees are
Medicare eligible, they must pay 100% of the
health insurance premium if they chose to
participate.
Section 75 AS 37.30.097(b)
• Permits the employer to prefund the Health
Reimbursement Arrangement (HRA) accounts for
the benefit of retirees to pay supplemental
health insurance costs such as co-pays and
deductibles.
Section 76 AS 37.30.300
• Establishes the HRA accounts are part of
the health insurance retirement plan for all
public employee and retiree participants in
the future.
Section 77 AS 37.30.380
• Expands the loss of rights for non-vested
employees to include medical benefits and
HRA account access when the employee fails
to work enough years (10 years for
medical/HRA) to vest in the plan.
Section 78 AS 39.30.390
• Provides that once an employee meets the
vesting requirements for medical and HRA
benefits they are eligible for
reimbursements from the individual accounts
establish for the employee.
Section 79 AS 39.30.400(a)
• Allows the state to deduct payments from
the individual accounts of the employee for
the medical premium payments for the medical
coverage provided by the state.
Section 80 AS 39.30.420(a)
• Ensure that the retirement benefits are
protected from diminishment or impairment
but leaves in place the ability for the
administration to make changes to the plan.
Section 81 AS 39.30.420(b)
• Provides constitutional protections for
accrued benefits for all retirees who
participate in the retirement plan.
Section 82 AS 39.30.420(c)
• Provides constitutional protection for
vested benefits and individual accounts
even when the plan has been terminated by
the employer.
Section 83 AS 39.30.420(d)
• Provides a one-year grace period for the
State of Alaska to return contributions that
were mistakenly provided by an employer,
such as a municipality.
Section 84 AS 39.30.495(d)
• Expands the definition of "Eligible
Person" to include employees who select
benefits under this plan.
Section 85 AS 39.35.095
• Expands the Defined Benefit retirement
benefits to include those employees who
either convert to the DB plan and those
that select the DB plan at the time of hire.
Allows those employees who select Defined
Benefits the ability to join the plan.
Section 86 AS 39.35.160(a)
Allows those employees who select Defined
Benefits the ability to join the plan.
Section 87 AS 39.35.160
• Establish contribution rate for police and
fire starting at 8% and rising to 12% if an
unfunded liability is created.
Section 88 AS 39.35.282
Ensures that funds provided by the
employer for the HRA be computed for each
individual employee and accounting for the
medical benefits provided to survivor in the
event of an employee's death or disability.
8:39:13 AM
MS. SVETLIK continued with the summary of changes, which read as
follows [original punctuation provided]:
Section 89 AS 39.35.340(g)
• Ensures that a spouse who is receiving
death benefits derived from credit for the
deceased member's military service,
continues to receive those benefits.
Section 90 AS 39.35.370(a)
• Establishes which employees are entitled
to benefits in retirement.
Section 91 AS 39.35.370(a)
• This new section establishes the age for
retirement after defined years of service.
Employees must have five years of service
and be 60 years old to receive a pension
benefit. For Police/Fire they must be 55
years old with 20 years of service. Others
can retire any age with 30 years of service.
Section 92 AS 39.35.381(e)
• This section limits the benefits provided
for elected public officials, including the
medical benefits provided under this
legislation.
Section 93 AS 39.35.430(b)
• Removes the requirement that the death of
an active employee occur as a result of an
injury that occurred on the job.
Section 94 AS 39.35.430(f)
• Removes the requirement that the death of
the employee be the result of occupational
injury when that employee designates a
beneficiary other than the spouse or
dependents of the deceased employee.
Section 95 AS 39.35.440(b)
• Removes the occupational death requirement
from this section for employees first hired
prior to July 1, 2006 in the prior Defined
Benefit plan.
Section 96 AS39.35.450(e)
• Removes the reference to both occupational
and nonoccupational causes of death from the
statute.
Section 97 AS 39.35.475(a)
• This section provides a Post Retirement
Pension Adjustment (PRPA) but would limit
the award of a PRPA when the retirement
trust accounts are 90% funded. Please refer
to Section 100 of this legislation for more
information.
Section 98 AS 39.35.475(e)
• Removes the occupational requirement when
providing a PRPA to a surviving spouse.
Section 99 AS 39.35.475
• Establishes that a PRPA may only be
provided to those employees who meet the
vesting requirements and allows the ARM
Board to suspend those adjustments when
the trust fund in below 90% full funding.
Section 100 AS 39.35.485(a)
• Ensures that nonoccupational death
benefits continue to be paid even though
that section of the statute has been
repelled for those employees in the prior
DB plan.
8:43:41 AM
MS. SVETLIK continued with the summary of changes, which read as
follows [original punctuation provided]:
Section 101 AS 39.35.530
• Permits a retiree to receive both the
benefits earned by that employee and the
benefits provided because of the death of
a spouse who was also a public employee.
Section 102 AS 39.35.535(a)
• Adds access to medical benefits for
Police/Fire who were employed after June 30,
2006 and for surviving spouses if the former
member was retired at the time of death.
Section 103 AS 39.35.535(c)
• Establishes that an employee first hired
before July 1, 2006, or the surviving
spouse of that employee, may elect major
medical coverage in retirement.
Section 104 AS 39.35.535
• Allows a peace officer or firefighter or
their surviving spouse who first was
employed after June 30, 2006, to select
major medical coverage under this plan.
Section 105 AS 39.35.537
• New section creating the medical benefits
plan for all other public employees except
teachers. (See Section 56 for the medical
plan for teachers.) This medical plan is
identical to the medical plan offered to
prior Defined Contribution employees.
(Teachers medical plan is covered in AS
14.25.171).
Section 106 AS 39.35.680(4)
• Establishes that new employees in the
pension option plan calculate pension
benefits amounts based upon the salary
earned over five consecutive years of
service.
Section 107 AS 39.35.680(26)
• Ensures normal retirement is calculated
based upon minimum years of service.
Section 108 AS 39.35.700
• This section provides an option for
employees to remain in the Defined
Contribution plan rather than the Defined
Benefit plan and for those that select DC at
the time of hire or 90 days thereafter.
Section 109 AS 39.35.700 (b)
• Requires employers who offer the Defined
Contribution plan to also offer the option
for employees to participate in the Defined
Benefit retirement plan.
Section 110 AS 39.35.720
• This section offers the newly hired public
employee the option of selecting and
participating in the Defined Contribution
plan within 90 days of first being hired.
Funds deposited in Defined Benefit plan on
behalf of the employee will be transferred
the employees individually managed Defined
Contribution account.
Section 111 AS 39.35.750(e)
• Removes the reference to occupational
death of disability as a requirement before
the dependents can receive a survivor's
benefit and requires employers to make
contributions to a trust fund to cover this
benefit.
Section 112 AS 39.35.892(a)
• Removes the requirement that the death of
an employee be the result of an on-the-job
injury for survivors to receive benefits.
Section 113 AS 39.35.892(e)
• Removes the occupational requirement for
benefit calculations.
Section 114 AS 39.35.895(a)
• Adds reference to the Alaska State
Constitution, Article 12. Section 7, which
protects the retirement plans from
diminishment of impairment. Also removes
language that provides the State of Alaska
the ability to change the retirement plan.
Section 115 AS 39.35.895(b)
• Adds a reference to the Alaska State
Constitution and ensures that accrued
benefits are protected.
Section 116 AS 39.35.895(c)
• Adds a reference to the Alaska State
Constitution and sets the date at which
investments are calculated at the time of
termination.
Section 117 AS 39.35.895(d)
• Provides a one-year window for the state
to refund an incorrect contribution by the
employer.
Section 118 AS 39.35.958(c)
• Removes the occupational requirement for
Death and Disability coverage.
Section 120 AS14.25.012(c), 14.25.155, 14.25.157(d),
14.25.487(d), 14.25.540; AS 39.35.420,
39.35.430(h), 39.35.892(d), and 39.35.940
Repeals sections of statute that are no
longer applicable including nonoccupational
death benefits, death caused by assault
exceptions and the option to convert from
Defined Benefit to Defined Contribution plan
of a non-vested member. This final repealed
section is no longer necessary since the new
employee will have option of joining either
plan at the time of hire or within 90 days
thereafter.
Section 122 AS 14.03.120(h), 14.03.410, 14.03.420;
AS 14.17.500(e), 14.17.500(f), 14.17.500(g);
AS 14.20.020(l); AS 14.30.760, 14.30.765,
14.30.770, 14.30.775, 14.30.780, 14.30.785,
14.30.790, and 14.30.800
• Adds an additional repealer for subsection
(g) of Section 32 relating to school
transportation funding.
• Adds additional repealers for Section 68
relating to establishing new reading
interventions.
Section 123 Uncodified law of the State of Alaska
• Non-statutory provisions (uncodified) that
provide all existing public employees
(teachers, police/fire, and all others) a
90-day window to decide if they want to
convert to the new DB plan or remain the
DC plan. If the employee decides to convert
to DB, the DC account balance will be
transferred to the DB plan to purchase that
credited time.
Section 124 Uncodified law of the State of Alaska
• Uncodified rules for conversion from
Defined Contribution to Defined Benefit
plan. Adds a consent requirement for that
conversion from the spouse of the employee.
If the DC account is not sufficient to cover
the actuarily determined cost of that
conversion, a payment formula will be
established to pay for the additional costs
of conversion to DB. Also defines terms used
in this uncodified section.
Section 125 Uncodified law of the State of Alaska
• Conforming changes.
Section 126 Uncodified law of the State of Alaska
• Inserts "additional teacher training" per
legislative legal fix.
Section 127 Uncodified law of the State of Alaska
• Inserts "Virtual Education Library" on
line 17.
Section 128 Uncodified law of the State of Alaska
• Uncodified rules that permit the ARM Board
and Commissioner of Administration to adopt
regulations to implement the changes
contained in this legislation. Any adopted
regulations do not take effect until the
Defined Benefit Pension Option law goes
into effect.
Section 129 Uncodified law of the State of Alaska
• Inserts "Early Education Programs" on line
20.
• Removes "$3,000,000" and inserts
"$5,000,000" on lines 22 and 25.
Section 130 Uncodified law of the State of Alaska
• Removes "Transition" and replaces with
"Education" on line 15.
Section 131 Uncodified law of the State of Alaska
• Addresses regulation authority Sections
129 and 130.
Section 132
• Effective dates for Sections 29 and 30,
relating to the base student allocation,
40 - 66, 71 - 118, 120, 123, and 124 for the
implementation of the Defined Benefit
Pension Option program for July 1, 2022.
Section 133
• Sets ten-year sunsets on the reading
intervention programs on June 30, 2034.
Section 134
• Sets an effective date clause of July 1,
2023.
MS. SVETLIK made comments throughout the summary of changes, as
follows: Section 2 added language that had been previously put
forth in HB 164; Section 5 has been adjusted to follow the
changes in another section, which inadvertently follows changes
in Section 18; Section 6 would make sure that families know home
reading is available to them; Section 22 would create more
latitude for the development of new learning content; and
Section 23 would make a conforming change from "consortium" to
"library" throughout the legislation. She referenced that
Section 27 would be similar to the career and technical
education factor in the formula, allowing any district with a
culturally-based school to receive a similar estimated 1.25
factor increase per the average daily membership (ADM); Section
29 would increase the funding increment so it would no longer be
a partial ADM to fund correspondence schools; and Section 36
would remove the requirement that kindergarten teachers have
certificates before they begin teaching. She added that because
of the teacher shortage, this would help create good teachers
without putting hurdles in the way, and Section 39 would be
similar to Section 36, but for teachers.
MS. SVETLIK continued with comments, as follows: Section 40-66
would be new sections; Section 54 contains an error in the
summary, and a correction will be provided to the committee at a
later date; and Section 68, in reference to the testing and
screening tools, would replace "a statewide" with "an approved".
She said that, from this change, instead of a single statewide
test, districts could choose their own testing model, or, with
the approval from the Department of Education and Early
Development (DEED), districts could develop a more culturally
appropriate model for their region. She continued that also in
Section 68, under AS 14.30.770, "indigenous" would be replaced
by "Alaska Native," making the legislation more prescriptive;
under AS 14.30.765 all retention language would be removed; and
under AS 14.30.775 grants would be provided for classroom and
teacher development. She stated that Sections 71-119 would be
added as new sections. She continued that because the Senate
version had been designed to be a 10-year program, many of the
new sections would be repealed on June 30, 2034. This sunset
clause would affect Sections 7, 9, 11, 17, 21, 33, 37, 122, and
125.
8:49:34 AM
CO-CHAIR DRUMMOND expressed appreciation for Ms. Svetlik's hard
work.
8:50:01 AM
REPRESENTATIVE PRAX remarked that some additions to this version
had not been discussed before the committee. He expressed the
opinion that some of the additions would go beyond the scope of
the subject of education. He questioned whether Legislative
Legal Services had reviewed the proposed HCS on the single-
subject rule.
8:50:43 AM
CO-CHAIR STORY responded that Legislative Legal Services had
been questioned, and the memorandum can be supplied to the
committee. In response to a follow-up question, she stated that
Legislative Legal Services had expressed concern on the single-
subject rule.
8:51:17 AM
CO-CHAIR DRUMMOND expressed the importance of addressing
difficulties with teacher retention in Alaska. She stated that
teacher retention is critical to the success of students in
Alaska, and teachers would need to be able to "get comfortable
in their community," so they would stay.
8:51:48 AM
REPRESENTATIVE HOPKINS questioned Representative Prax which
section of the summary concerns the single-subject issue.
REPRESENTATIVE PRAX responded that fire fighters and pension
plans, in general, are not the subject of education. He stated
that teachers are related to education, but it appears several
other bills are being combined into one. He stated the pension
plan discussions had probably been discussed by the labor
committee. He offered the opinion that, although he had not
reviewed those sections for purposes of the committee, it seems
like [the proposed HCS] would be overly broad for one bill.
REPRESENTATIVE HOPKINS maintained that the pension plans in the
Alaska Teachers' Retirement System (TRS) would directly impact
the education system. He referenced a number of studies that
related the direct correlation between increased educational
outcome and teacher retention. He expressed the belief that
[teacher pension plans] are an educational issue and important
to the legislation's goal of improving reading outcomes in the
state, as it would enable districts to acquire better teachers
and staff. He argued that, because [support staff] would not be
included in TRS, the Alaska Public Employees' Retirement System
(PERS) section would impact and support all parts of the school
which interact with students, in and out of classrooms,
including tutors, classroom aides, and paraprofessionals. He
conveyed that the committee received testimony many times from
school districts, boards, principals, and superintendents that
conveyed teacher recruitment and retention, at every level,
affects a school's ability to support students. He continued
that because there is not a "carve out" in PERS for school
support staff, like there is specifically for public safety, the
entire system would need to be addressed, and people
specifically tied to student outcomes needed to be included.
REPRESENTATIVE PRAX stated that [the Thirty-Second Alaska State
Legislature] would soon be coming to an end. Because of this,
he questioned whether the proposed legislation would either pass
or die.
CO-CHAIR DRUMMOND answered in the affirmative. She stated that
the legislation is slated to go to the House Finance Standing
Committee, where changes could be made.
REPRESENTATIVE PRAX suggested that [the House Finance Standing
Committee] would be better geared to adjust these changes. He
recommended that the bill be moved along to allow "the experts
to deal with it."
CO-CHAIR STORY said, "I truly know we need to move the dial on
reading." She stated the committee has heard and learned that
education is strengthened when teachers can continually be
present with the students, and teachers would need to be
retained to make a difference with reading. She stated that
some districts have had substitute teachers in classrooms all
year, and the state is "bleeding teachers." She voiced the
opinion that paraprofessionals are critical to classrooms, and
being able to retain educators would impact reading scores. She
reiterated that [the proposed HCS] is something concrete which
would help with reading.
8:57:34 AM
REPRESENTATIVE CRONK commented, with no intended offense to
committee members, that the majority of sections in the proposed
HCS addresses teachers, not children. He indicated that, out of
the 134 sections in the summary of changes, there were only
three references to students or children. He expressed the
opinion that this would be about teachers, not students. He
stated that a reading bill to help students has been turned into
an omnibus teaching bill. He expressed the belief that the
proposed HCS is union driven, and the "dues were well spent."
He voiced the opinion that [the proposed CS] would not address
the deficiencies in reading, which had been a specific focus of
the legislation.
CO-CHAIR STORY responded that, respectfully, all research shows,
outside of parents or guardians, the number one factor of
students' progress is the teacher. She continued that students'
progress is affected by the quality of the teacher and the
teacher's ability to have a relationship with their students.
She argued that the proposed HCS is written about students and
supporting teachers to know and understand their students. She
expressed the belief that students in the state are smart and
capable, but many are not doing well because of an instructional
gap. She stated that many components were included to help
students, including cultural responsiveness and the science of
reading. She voiced the opinion that the proposed HCS "has got
children written all over it."
REPRESENTATIVE CRONK argued that the intention of the original
version of the legislation addressed reading, but the proposed
HCS incorporates everything. He continued that there needs to
be a focus on one thing at a time, and this "just throws
everything into one big pot, and let's call it good." He shared
that he had no knowledge of reading instruction when he began
his teaching career, and teachers learned to teach reading while
in the classroom. He said, "There was no programs that taught
me how to teach kids how to read." He expressed the hope that
the legislation would be about providing instruction to teachers
on how to teach children to read. He continued that many
children learn naturally, and some parents work with their
children. He stated that the proposed bill was supposed to be
about the ones who are struggling. He expressed the opinion
that now the legislation would absolutely not be about this; it
would be about getting every benefit possible [for teachers and
staff].
9:01:44 AM
CO-CHAIR DRUMMOND expressed that she understood Representative
Cronk's frustration. She acknowledged that there is a lack of
mention of children in the summary of changes, but the
legislation [as a whole] still contains significant references
to children. She stated that the changes need to be taken side-
by-side with the bill, which has grown significantly. She
stated that all of those sections with changes are still in the
original bill.
REPRESENTATIVE CRONK questioned if there is a fiscal note that
reflects the changes.
9:02:17 AM
REPRESENTATIVE HOPKINS commented that because the HCS has not
been adopted, there would be no fiscal note yet. He stated that
it had been learned from discussions that student learning is
not about policy or additional testing but about the structure
in the school and the classroom environment. He offered that
resources within districts affect how structure and environment
are provided to students. He voiced the opinion that the
original version of the legislation would not provide enough
staff time or the appropriate learning environment to enhance
learning programs. He explained that this would be the reason
for the $1,000 per individualized reading plan, to ensure
districts have the tools to support students. He stated that
during the development process, district representatives
expressed the need for the time and money to provide
professional development. He stated that the proposed HCS would
add resources to train teachers in reading instruction. In
terms of student learning and engagement, he said that rural
educators testified to the committee that students who do not
see themselves in their curriculum are not supported in the way
that would help them learn. He said, "The children are not
broken, the system that is teaching them is what needs to
change." He continued that entire sections have been added to
the bill to address cultural relevancy and the different
educational tools which would continue that process of division
in cultural education, specifically in reading. He disagreed
that the proposed HCS would not give students what they need to
improve learning outcomes. He provided that the legislation
would do a strong job of supporting students by making sure they
have the tools, teachers, and support staff to be successful,
wherever they are in Alaska. He argued that it is not policy
but the school environment which affects students' ability to
learn from "the bottom up, and not just from the top down." He
suggested that the proposed HCS would [affect student learning]
in ways the state has not yet seen, and this would be just the
start of addressing the issues of reading at the classroom
level. He said, "It is not a one-size-fits-all-state, and this
is not a one-size-fits-all-bill."
9:06:04 AM
CO-CHAIR STORY emphasized that, in reference to learning tools,
the proposed HCS would change language in the bill from
"statewide" to "state-approved". She expressed the
understanding that the Senate Education Standing Committee and
DEED had sought to allow a waiver for the districts to develop
culturally responsive and relevant learning tools. She stated
that this language change would help provide culturally relevant
screening tools while fulfilling federal testing requirements.
Incorporating the science of reading, districts would be able to
develop evidence-based learning tools specific to their region.
She expressed the belief that this structure would move the
dialogue on reading. She acknowledged that some districts are
already addressing reading issues, but because of the inflation
of fixed costs funding would be needed to retain the reading
interventions already developed. She stated that, for each
student below proficiency, the proposed bill would provide
$1,000 to districts to be used as needed. She offered that the
funding would be additional support for tools and professional
development. She stated the intention would be that [the
proposed HCS] is "a game changer."
9:10:49 AM
CO-CHAIR DRUMMOND reminded the committee that students perform
better when school districts retain teachers. She expressed the
belief that Alaska has the worst teacher retirement plan in
country, and the issue is serious. She stated that teachers,
paraprofessionals, support staff, and public employees are all
being lost from the state, and this is costing significant
money. She voiced the opinion that school districts could spend
$35 million a year to attract new teachers, but benefits would
not be sufficient to retain them. She stated that work in rural
districts can be challenging, and Alaska needs to be able to
attract and keep teachers, so it is important to have these
features in the bill.
9:12:12 AM
REPRESENTATIVE CRONK, regarding retention, expressed the opinion
that the number one reason teachers leave their positions is
because of bad administrators. The legislation does not address
the root problem, instead it creates a bigger entity. He stated
that there needs to be step-by-step process, as the original
version of the bill had been strictly about reading. He added
that, if a student cannot read, it affects all other subjects
and the success of the student. He voiced the idea that
education has developed into teachers taking on more
responsibility and being caretakers. He opined that things need
to "back up and be simplified," as originally the bill had been
about students, but changes have turned it into a teacher-
benefits bill. He acknowledged that the state needs teachers,
but the focus should be on the students. He offered respect for
the opinions of the other committee members.
CO-CHAIR DRUMMOND offered appreciation that the issue with
administrators has been brought forward. She stated that data
has shown 70 percent of the 154 administrative positions in the
state have changed in one year, and this is worse than the
teacher turnover rate. She urged that no single bill would
solve all the problems, but teacher retention needs to be
addressed by implementing a reading plan. She stated that
changes need to be made, and support needs to be provided so
Alaska students do not have the lowest reading scores in the
nation.
9:16:04 AM
CO-CHAIR STORY acknowledged that, from her understanding,
teachers do leave positions because of administrators, but many
teachers have referenced the impact of the retirement plan. She
stated teachers have expressed to her that they choose not to
stay in the state because of the retirement plan.
REPRESENTATIVE CRONK questioned how many states in the nation
have a defined retirement system for their teachers.
CO-CHAIR STORY responded that the number is probably in the
double digits, but she did not know exactly. She said that
three states have changed from a defined benefit retirement plan
to a defined contribution plan, but one of those states has
reverted back. She stated that statistics show Alaska needs to
go back to some form of defined benefit or hybrid plan. She
reported that Alaska is the only state without a defined
contribution plan and social security benefits for teachers.
REPRESENTATIVE CRONK shared that he had been a teacher for 25
years and was passionate about teaching. He expressed the
belief that the focus should be on the students, and "throwing
more money" without solutions would not help the issue. He
commented that one expansive bill could not remedy everything,
and a solution would need to involve taking "baby steps," with
the original bill being the first step. He offered the opinion
that there had been some accountability with the original bill,
and flowing large amounts of money at the issue would not work.
CO-CHAIR STORY offered the opinion that money would not be
"thrown" at education. She reminded the committee of the report
from the Institute for Social and Economic Research at the
University of Alaska. The report compared Alaska with other
states and found Alaska below average for student funding and
cost-of-living adjustment. She stated that funding has been
flat in the state for the last six years. She expressed strong
disagreement that the proposed HCS would throw money at the
system. She stated that the legislation targets funding for
reading interventions and cultural support, which are both new
in the state. She voiced that the legislation would incorporate
the science of reading and provide resources, and it would not
be an unfunded mandate. She stated that fixed costs have gone
up for districts, and the legislation would make sure districts
are able to implement reading interventions.
9:20:35 AM
REPRESENTATIVE PRAX commented that the proposed legislation is
against a deadline, and the committee would not be able to
resolve all these changes. He suggested moving the legislation
out of committee.
9:21:09 AM
CO-CHAIR DRUMMOND stated that the legislation should be moved,
and the next committee of referral could work on change
requests. She commented that the committee is lucky she did not
add school bond debt reimbursement to the bill. She stated
that, because of the lack of school bond debt reimbursement,
Cordova cut the operating costs of its schools. The city has
been paying school bond debt and not teachers, so pre-school
programs for the last two years have been eliminated, and class
sizes have risen. She voiced frustration that the defined
benefit plan for teachers had been removed in 2006, and
employees were not given the opportunity to build social
security retirement. She expressed the opinion that many
teachers in the state count the years until they are vested so
they can take their retirement money out of the state system and
go "where they are treated with more dignity."
9:24:42 AM
CO-CHAIR STORY questioned how many states in the nation have a
defined benefit plan for their teachers.
REPRESENTATIVE HOPKINS responded that Alaska is the only state
in the nation with no defined benefit retirement system for
teachers.
9:25:24 AM
REPRESENTATIVE PRAX urged to move the bill out of committee and
expedite the process.
9:25:55 AM
The committee took an at-ease from 9:25 a.m. to 9:26 a.m.
9:26:37 AM
CO-CHAIR DRUMMOND stated that she shared the concern to move the
bill out of committee and advised that the meeting be recessed
to a call of the chair for later that day.
CO-CHAIR DRUMMOND announced CSSB 111(FIN) am was held over.
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