Legislature(2005 - 2006)CAPITOL 106

03/03/2005 11:00 AM House EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 13 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Moved Out of Committee
*+ HB 128 SCHOOLS PHYSICAL ACTIVITY TASK FORCE TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
HB  13-SCHOOL CONSTRUCTION BOND REIMBURSEMENT                                                                                 
                                                                                                                                
CHAIR NEUMAN announced that the first order of business would be                                                                
HOUSE BILL NO.  13 "An Act relating to reimbursement  of municipal                                                              
bonds  for school  construction;  and providing  for an  effective                                                              
date."                                                                                                                          
                                                                                                                                
11:10:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GATTO,   sponsor  to  HB  13,  stated   that  this                                                              
legislation  is  a  way for  urban  districts  to  finance  school                                                              
construction.   He  said  that there  is a  shortage  of space  in                                                              
several areas  in Alaska,  specifically in  the Mat-Su  Valley and                                                              
Anchorage and as  schools deteriorate, they need  replacement.  He                                                              
related  that this  bill allows  for the  construction of  schools                                                              
where  the  state  supplies  70   percent  of  the  cost  and  the                                                              
homeowners and residents of the area supply 30 percent.                                                                         
                                                                                                                                
REPRESENTATIVE  THOMAS  commented  that  Haines  is  an  organized                                                              
municipality and qualifies [for the proposed legislation].                                                                      
                                                                                                                                
REPRESENTATIVE  GATTO stated that  he is unaware  of any  areas in                                                              
the  state that  would not  qualify  for the  "70/30" division  of                                                              
funding.   He remarked that  this funding  is open to  everyone in                                                              
the state if those interested, apply.                                                                                           
                                                                                                                                
CHAIR  NEUMAN  asked if  this  legislation  will  act like  a  new                                                              
school bond or if it can be used for repairs and maintenance.                                                                   
                                                                                                                                
REPRESENTATIVE  GATTO said  that this legislation  does not  cover                                                              
routine   repairs    and   maintenance,   but   does    apply   to                                                              
reconstruction or major maintenance.                                                                                            
                                                                                                                                
11:13:55 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GARA  commented that this legislation  is something                                                              
that  wealthier  [or  urban]  districts  in  the  state  can  take                                                              
advantage  of.   Since  many of  the  rural communities  don't  do                                                              
matching  bond  contributions,   he  related,  those  schools  are                                                              
usually funded through  an appropriation.  He said  that if school                                                              
construction  is pushed  in places  that  need it,  then he  would                                                              
like a commitment  from the sponsor to address the  needs of rural                                                              
districts  [that  cannot  benefit  from  this  legislation].    He                                                              
questioned  if [this  legislation] is  viewed as  a global  way to                                                              
help all the  school districts.  He asked if  Representative Gatto                                                              
supports  the funding of  rural school  district construction  and                                                              
maintenance.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GATTO    reminded   Representative    Gara   that                                                              
legislation   enabling  the  "70/30"   split  construction   issue                                                              
expired  [January  1,  2005].   He  related  that  some  districts                                                              
didn't have  bonding available  or didn't put  bonding out  at the                                                              
time.  He  explained that this bill  extends the old bill  to July                                                              
1,  2006 and  gives  [urban  communities]  an opportunity  to  put                                                              
bonding  out there.   The important  part of  this legislation  is                                                              
the commitment  from  a community  to fund 30  percent [of  school                                                              
construction costs].   He inquired as to the  percentages supplied                                                              
by rural communities to cover school construction costs.                                                                        
                                                                                                                                
REPRESENTATIVE  GARA said that  this bill  only applies  to school                                                              
districts that  have a tax  base that bond,  and it  doesn't apply                                                              
to  the  REAA's  (Rural Education  Attendance  Areas)  or  to  the                                                              
smaller communities  that don't  bond.  He  explained, "if  I feel                                                              
that we're  not going  to be  supportive to  the bush  communities                                                              
and help  them with  their maintenance  and construction  problems                                                              
... I  think I will end  up fighting this  ... I think all  of the                                                              
school districts  need help  in this  area ... I  am not  going to                                                              
get into a  regional war where we  are trying to do  something for                                                              
our own  districts but not for  other people's districts  ... what                                                              
I was really looking  for was a commitment that we  could all work                                                              
together  to ...  get  through  the maintenance  and  construction                                                              
list for  those schools  that aren't  going to  benefit from  this                                                              
bill."                                                                                                                          
                                                                                                                                
REPRESENTATIVE  GATTO stated  that he  can commit  to "work."   He                                                              
said  that this  legislation  is available  to  any district  that                                                              
applies for [school construction funding assistance].                                                                           
                                                                                                                                
11:17:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GARA  stated  that  the  small,  rural,  and  REAA                                                              
districts  don't apply  and can't  apply, so  they might want  to,                                                              
but they are  unable to.  He  explained that he will  support this                                                              
legislation as  long as he  feels that  there will be  support for                                                              
the rural districts when that time comes.                                                                                       
                                                                                                                                
CHAIR  NEUMAN said  that Mr.  Jeans  will be  available to  answer                                                              
questions concerning issues of funding in rural districts.                                                                      
                                                                                                                                
REPRESENTATIVE  THOMAS   pointed  out  that  the   Haines  Borough                                                              
recently went through  an election to bond and it  will cost $2.67                                                              
"mills"  that they  are willing  to put  on their  "mill" rate  to                                                              
build a new school.   He said, "it depends on  what definition ...                                                              
they  are rural  because they  are an  organized municipality  ...                                                              
and  they are  going to  borrow  17 or  16 because  the state  ...                                                              
they're under  the old  plan, 70/30,  and are  willing to  do that                                                              
... it did  pass ... little towns  are willing to do it,  but at a                                                              
big expense  ... three of the schools  are ready to fall  down ...                                                              
it  is cheaper  to  build a  new  one  than it  is  to replace  or                                                              
remodel the old ones."                                                                                                          
                                                                                                                                
11:19:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBURG  stated  that  he is  sensitive  to  the                                                              
issues in  bush communities and  has made commitments to  the bush                                                              
caucus  in   helping  provide   for  school   construction.     He                                                              
emphasized that he  wants to move HB 13 forward,  while keeping in                                                              
mind the needs of bush communities.                                                                                             
                                                                                                                                
11:21:38 AM                                                                                                                   
                                                                                                                                
EDDY  JEANS, Director,  School  Finance,  Department of  Education                                                              
and  Early  Development,  (EED),  stated that  he  had  previously                                                              
given testimony  on HB 13  and had described  the position  of the                                                              
EED.                                                                                                                            
                                                                                                                                
CHAIR NEUMAN  asked Mr.  Jeans to  give the  committee an  idea on                                                              
how to  address the  needs of rural  Alaska with the  construction                                                              
of new schools and the repair [of old schools].                                                                                 
                                                                                                                                
MR. JEANS replied  that the mechanism is already in  place and the                                                              
EED  has   a  process  where   the  new  construction   and  major                                                              
maintenance requests,  from school  districts, are evaluated.   He                                                              
explained  that the  lists are  prioritized  for the  legislature.                                                              
On  the  EED's   web  page,  he  related,  there   is  the  school                                                              
construction  list as  well as  the  major maintenance  list.   He                                                              
reminded the  committee that the  governor has recommended  in his                                                              
budget,  that  the first  20  projects  on the  major  maintenance                                                              
[list] be  funded this session.   The process  is there,  he said,                                                              
and  the list  is  there,  and it  is  up  to the  legislature  to                                                              
consider those requests.                                                                                                        
                                                                                                                                
REPRESENTATIVE GARA  inquired as to the types  of schools included                                                              
on the major maintenance list.                                                                                                  
                                                                                                                                
MR.  JEANS stated  that [the  list] includes  any school  district                                                              
that  applies.   It is up  to the  school districts  to apply,  he                                                              
said,   and  after   they   apply  the   EED   goes  through   the                                                              
prioritization process.                                                                                                         
                                                                                                                                
11:24:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GARA  stated  that,  in  2002,  [the  legislature]                                                              
passed the last  big bonding proposal, including a  state bond for                                                              
rural districts,  and a match for the districts  that contributed.                                                              
He inquired  as to  what Anchorage funded  through its  30 percent                                                              
match  and if they  were schools  on the  major maintenance  list.                                                              
He asked  if schools that  are on the  major maintenance  list are                                                              
the ones  that end  up not  being bonded  through the  local match                                                              
program.                                                                                                                        
                                                                                                                                
MR. JEANS  explained that  on the 2002  "statewide geo  bond list"                                                              
of  schools,  there was  one  project  from the  Anchorage  School                                                              
District and  the rest were REAA  school districts.  He  said that                                                              
at the  same time  that that  "geo bond  package" was  approved by                                                              
the  voters, the  debt  reimbursement program  opened  up and  was                                                              
available to  all municipalities.   Included in that  legislation,                                                              
he related,  was that  the grant program  was closed  to municipal                                                              
school districts  because the debt program was  available to them.                                                              
That legislation has  "sunsetted", he said, so the  two lists that                                                              
the  EED compiled  this  year include  both  REAA's and  municipal                                                              
school districts.                                                                                                               
                                                                                                                                
REPRESENTATIVE GARA  asked if non-REAA districts  have the ability                                                              
to bond.                                                                                                                        
                                                                                                                                
MR. JEANS said  that non-REAA districts have the  ability to bond,                                                              
but they may not have the capacity [to bond].                                                                                   
                                                                                                                                
CHAIR NEUMAN asked Mr. Jeans to explain what REAA stands for.                                                                   
                                                                                                                                
MR.  JEANS   said  that   REAA  stands   for  Regional   Education                                                              
Attendance Area.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SALMON  inquired  as  to  how HB  13  affects  the                                                              
priority list of school construction.                                                                                           
                                                                                                                                
MR.  JEANS   explained  that  it   does  not  affect   the  school                                                              
construction  list or the  major maintenance  list, other  than if                                                              
this bill  was to  pass, those municipalities  that have  projects                                                              
on those  lists could go  back to their  voters, get  approval and                                                              
bond for those projects.                                                                                                        
                                                                                                                                
In  response to  Representative Salmon,  Mr. Jeans  said that  the                                                              
two  different  programs  require  separate  appropriations.    He                                                              
explained that going  into the 2007 budget, the  EED is requesting                                                              
$86  million to  fund the  debt reimbursement  program for  fiscal                                                              
year  2006.   He mentioned  that  the governor  has requested  $28                                                              
million for  the first  twenty projects  on the major  maintenance                                                              
list.                                                                                                                           
                                                                                                                                
11:29:29 AM                                                                                                                   
                                                                                                                                
KIM  FLOYD,   Public  Information  Specialist,   Matanuska-Susitna                                                              
Borough  School District,  (MSBSD), stated  that the  MSBSD has  a                                                              
school on "deed's"  priority list for school construction  and the                                                              
state  would have to  invest $440  million before  that school  is                                                              
built.   She said  that this  school was  needed three  years ago.                                                              
She continued:                                                                                                                  
                                                                                                                                
     We  have   an  average  annual   growth  rate,   in  our                                                                   
     district, of  approxiamtely 7 percent ... 500  - 600 new                                                                   
     kids  each year  ... the  Knick  Goose Bay  area is  the                                                                   
     fastest  growing area  in the  state of  Alaska ...  our                                                                   
     school is  number 31 on  the "deed priority  list", $440                                                                   
     million  dollars  before  we  get there,  we  need  some                                                                   
     relief,  we're asking  for help;  I do hope  that HB  13                                                                   
     can  pass out  of  this committee,  today,  so that  the                                                                   
     conversation  can continue.   We are  not trying  to, by                                                                   
     any means,  create a regional  debate.  The  reality is,                                                                   
     with 500  to 600  kids new to  our district every  year,                                                                   
     it  is  the  equivalent  of  a  new  elementary  school.                                                                   
     We've  had 300  new  kids just  since  the count  period                                                                   
     ended.   They  are coming  both  from in  the state  and                                                                   
     from  out of the  state.   As you  can imagine, this  is                                                                   
     creating  great  strain  on   our  existing  facilities,                                                                   
     currently  we   have  52  portable  classrooms   in  use                                                                   
     throughout  our district,  approximately  12 percent  of                                                                   
     our  students  are  educated   in  portable  classrooms.                                                                   
     They are  fine for a  temporary "stop gap"  measure, but                                                                   
     they   certainly  aren't  a   long-term  investment   in                                                                   
     infrastructure.   Those  schools  will  still be  needed                                                                   
     thrity  years  down  the road  and  portables  certainly                                                                   
     don't have that type of lifespan.                                                                                          
                                                                                                                                
CHAIR  NEUMAN  inquired  as  to  the  associated  costs  of  using                                                              
portable classrooms.                                                                                                            
                                                                                                                                
MS.  FLOYD said  that each  portable  costs $70,000  to build  and                                                              
install plus  the additional heating  and electricity  costs after                                                              
installation.     She  explained   that  portables  do   not  have                                                              
[restroom]  facilities   and  children   are  required   to  leave                                                              
classrooms,  unattended,  and  enter   the  main  building.    She                                                              
pointed out that  the MSBSD has a comprehensive,  20 year facility                                                              
plan, has updated  the 6 year plan submitted to  "deed" each year,                                                              
and are actively  working with developers in the  Mat-Su community                                                              
to make sure that  planning is efficient and cost  effective.  She                                                              
emphasized  that  the  MSBSD  feels   as  though  they  have  been                                                              
extremely  good stewards  for bonding  projects in  the past,  and                                                              
expect to be in the future.                                                                                                     
                                                                                                                                
CHAIR NEUMAN  asked Ms. Floyd to  comment on the process  that the                                                              
MSBSD will go through if HB 13 passes.                                                                                          
                                                                                                                                
11:34:22 AM                                                                                                                   
                                                                                                                                
MS. FLOYD stated  that the MSBSD has  a 6 year "sub"  plan that is                                                              
given to  the state to look  at the capital infrastructure  needs.                                                              
The  priority list  generated from  that  plan helps  to create  a                                                              
bond package list  and that is forwarded to the  borough assembly,                                                              
she related.   The  borough assembly  analyzes  the needs  and may                                                              
repackage what  the MSBSD  created, she  explained, and  then they                                                              
approve an  intiative for the ballot.   She pointed out  that once                                                              
that passes, the  MSBSD must wait 4 years before  the [new] school                                                              
actually  opens.     She   added  that  if   the  MSBSD   were  to                                                              
successfully  bond  this fall,  the  new  schools would  not  open                                                              
until 2009.  She  emphasized that new schools were  needed 3 years                                                              
ago.   She stated  that MSBSD  will need  short term solutions  in                                                              
the meantime.                                                                                                                   
                                                                                                                                
CHAIR NEUMAN  inquired as to  the number  of schools in  the MSBSD                                                              
that are over capacity.                                                                                                         
                                                                                                                                
MS. FLOYD stated  that there are  36 schools in the MSBSD;  of the                                                              
17  elementary schools,  the majority  are  in the  Palmer-Wasilla                                                              
area and  there is not  a single empty  classroom.   She explained                                                              
that even with  increased operating monies, class  sizes cannot be                                                              
reduced.   She  said that  the MSBSD  is  at a  critical point  of                                                              
looking  at options  that aren't  acceptable to  parents and  that                                                              
don't  meet community  expectations  for quality  education.   She                                                              
added   that  last   year  the   funding   that  the   legislature                                                              
appropriated  helped  reduce  class   sizes  at  the  Kindergarten                                                              
level.                                                                                                                          
                                                                                                                                
CHAIR NEUMAN asked about the growth rate of the MSBSD.                                                                          
                                                                                                                                
MS. FLOYD stated  that the MSBSD has  a growth rate of  500 to 600                                                              
students  a  year  with  an  average  annual  growth  of  about  7                                                              
percent.   She said that population  forecasts estimate  the MSBSD                                                              
will be bigger than the [Anchorage School District] in 30 years.                                                                
                                                                                                                                
11:37:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  THOMAS  asked  for clarification  related  to  the                                                              
MSBSD  going under  the last  bond  issue and  applying for  [new]                                                              
schools.                                                                                                                        
                                                                                                                                
MS.  FLOYD stated  in  the  fall of  2003,  the MSBSD  passed  $56                                                              
million in bonds.   In response to Representative  Thomas's follow                                                              
up question  regarding the application  for more bonds,  Ms. Floyd                                                              
explained that  last year, the MSBSD  was faced with a  13 percent                                                              
increase  in assessed  evaluations and  that is  the MSBSD's  only                                                              
source of revenue  in the community for borough  operations or for                                                              
payment on bond  debt.  She said  that the MSBSD was  faced with a                                                              
sales  tax that  was  1 percent  borough  wide,  and dealing  with                                                              
discussions  on real estate  transfer fees  and gravel  extraction                                                              
taxes.  She said:                                                                                                               
                                                                                                                                
     We  try  very   hard  to  make  sure  that   we  are  in                                                                   
     communication  with all  stakeholders  in our  community                                                                   
     and  the belief  at  that time  was it  was  not a  good                                                                   
     idea,  in that environment,  to go  forth with a  school                                                                   
     bond.    We  tend  to  be   a  little  reactive  in  our                                                                   
     community,  we're learning  to grow  up, and we  weren't                                                                   
     quite at  the crisis point  that people felt  that those                                                                   
     bonds could  have been  successful in that  environment.                                                                   
     We're there  now.  We're  at the precipice,  we're going                                                                   
     over ...  we did do  a survey this  past fall,  we asked                                                                   
     residents  how they  felt about  an  $80 million  dollar                                                                   
     bond package,  which would include 3  elementary schools                                                                   
     and  a high  school -  all  needed projects.   With  the                                                                   
     "70/30"  bond debt reimbursement,  we  had a 75  percent                                                                   
     support  ... people  know we've  reached  that edge  ...                                                                   
     our  community  is ready,  and  we would  appreciate  an                                                                   
     extension  and an opportunity  to address our  student's                                                                   
     needs."                                                                                                                    
                                                                                                                                
11:39:19 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  asked if the opening of the  new hospital is                                                              
included in the population growth prediction.                                                                                   
                                                                                                                                
MS.  FLOYD  said  yes,  along  with   the  retail  bloom  that  is                                                              
occurring and the  building of the biggest Wal-Mart  in the state.                                                              
She said  that it is staggering  to listen to developers  and hear                                                              
about what will hit the community around the MSBSD.                                                                             
                                                                                                                                
REPRESENTATIVE  THOMAS inquired  as  to the  the Mat-Su  community                                                              
utilizing "forgiveness taxes".                                                                                                  
                                                                                                                                
MS. FLOYD stated  that the MSBSD is trying very hard  to meet with                                                              
developers and  plan how to  deal with  the coming changes  in the                                                              
community.   She said that  the MSBSD feels  that there is  a very                                                              
valuable public/private partnership that needs to happen.                                                                       
                                                                                                                                
11:42:02 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN commented  that property taxes in  the Mat-Su Borough                                                              
have  risen over  40 percent  in the  last 3  years, with  another                                                              
expected  rise of  almost 13  percent  this year.   He  emphasized                                                              
that the  community is  willing, despite  these tax increases,  to                                                              
support the school bond.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GATTO   inquired  as  to  the  development   of  a                                                              
vocational technology  focused high school  and if it  will affect                                                              
the need for more funds.                                                                                                        
                                                                                                                                
MS. FLOYD stated  that the career and "vo-tech"  high schools were                                                              
part of the  last bond package that  was passed.  She  stated that                                                              
there will  also be  an elementary  school that  will open  in the                                                              
fall of  2006, and  it will be  completely filled  by the  time it                                                              
opens.   She emphasized that  these new  schools will be  at their                                                              
maximum capacity when they open.                                                                                                
                                                                                                                                
REPRESENTATIVE WILSON  stated that her district is  losing so many                                                              
teachers and  programs, that it  is hard to imagine  how difficult                                                              
the MSBSD situation is.                                                                                                         
                                                                                                                                
MS.  FLOYD said  the the  MSBSD  realizes that  this situation  is                                                              
very different  than most districts in  the state.  She  said that                                                              
though  they are  addressing the  situation  adequately, the  time                                                              
has come where the MSBSD needs help.                                                                                            
                                                                                                                                
MS. FLOYD commented  that the MSBSD will start  surveying students                                                              
and  investigating where  they  are coming  from.   She  mentioned                                                              
that after  Christmas break,  at Goose  Bay Elementary  School, 10                                                              
students were enrolled that came from out of state.                                                                             
                                                                                                                                
In response  to Chair  Neuman's comments on  the benefits  of "vo-                                                              
tech"  schools, Ms.  Floyd  stated  that the  MSBSD  has the  most                                                              
highly recognized  career and technical education  programs in the                                                              
nation.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GATTO  commented that the top six  welding students                                                              
all came from one  school in the [Mat-Su] Valley.   He also stated                                                              
that  the  issues of  growth  in  the Mat-Su  Valley  are  causing                                                              
severe expenses.                                                                                                                
                                                                                                                                
11:46:36 AM                                                                                                                   
                                                                                                                                
MARY  FRANCIS,  Executive  Director,   Alaska  Council  of  School                                                              
Administrators,  (ACSA), stated  that there  are schools  all over                                                              
the state in  need of construction and major  maintenance, and the                                                              
ACSA  supports   the  continuation   of  the  debt   reimbursement                                                              
program.   She  explained  that  the ACSA  has  a resolution  that                                                              
advocates for fully  funding previously approved bonds  as well as                                                              
the continuation  of the program.   As  you know, she  said, there                                                              
have been  many years of minimal  funding for school  construction                                                              
and major  maintenance and it has  created a huge  need statewide.                                                              
She mentioned  that because  there are high  needs now,  there are                                                              
many municipalities  that are  willing to kick  in their  share of                                                              
30 or  40 percent  [for construction  and maintenance  of schools]                                                              
and the  ACSA would  very much support  this legislation  and hope                                                              
that it passes out of committee.                                                                                                
                                                                                                                                
REPRESENTATIVE  GARA  asked if  the  ACSA has  a  position on  the                                                              
proposal for  how much should be  funded to get through  the major                                                              
maintenance and construction list.                                                                                              
                                                                                                                                
MS.  FRANCIS stated  that  the ACSA  supports  following the  list                                                              
that the  EED creates.   She  explained that  the ACSA  feels that                                                              
the  process by  which people  apply  for placement  on the  EED's                                                              
list is  very thorough.   She pointed out  that the  ACSA supports                                                              
the funding of all school districts in the state of Alaska.                                                                     
                                                                                                                                
REPRESENTATIVE GARA  inquired as to the ACSA having  a proposal on                                                              
how far through  the list the legislature should go  this year, to                                                              
be equitable.                                                                                                                   
                                                                                                                                
MS. FRANCIS  stated that  the ACSA has  not addressed  that issue,                                                              
yet.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  GATTO asked  for  clarification  about an  earlier                                                              
comment concerning full funding of existing bonding.                                                                            
                                                                                                                                
MS.  FRANCIS  stated  that  some  of  the  school  districts  were                                                              
concerned   that  [the   legislature]   would   cancel  what   was                                                              
previously approved for bonding.                                                                                                
                                                                                                                                
11:50:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTO  moved to report HB 13 out  of committee with                                                              
individual recommendations  and the attached fiscal  notes.  There                                                              
being no objections,  HB 13 was reported out of  the House Special                                                              
Committee on Education.                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects