Legislature(1997 - 1998)

03/06/1997 03:05 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HB 147 - STATE BOARDING SCHOOLS/CHARTER SCHOOLS                             
                                                                               
 Number 2001                                                                   
                                                                               
 CHAIRMAN BUNDE said the next item on the agenda was HB 147, "An Act           
 relating to charter schools and to the establishment of state                 
 boarding schools."  The impetus for this bill came from some folks            
 in Takotna who would like to have a boarding school.  After                   
 exploring this issue, he found that many successful people from the           
 rural areas attended Mt. Edgecumbe, a successful boarding school in           
 the state.  Unfortunately it is, by statute, the only boarding                
 school allowed in the state of Alaska.  He said HB 147 would allow            
 other school districts, within the state, to explore the option of            
 developing a boarding school program.  This bill does not mandate             
 it and it doesn't finance it, but it does allow that option for               
 people who are interested in establishing boarding schools.                   
                                                                               
 Number 2030                                                                   
                                                                               
 ED EARNHART testified next via teleconference from Anchorage.  He             
 said we should not mess with that charter school thing until things           
 settle down a little bit on some of the other concerns about                  
 charter schools.  He questioned the special provision that causes             
 local school districts to pay for charter schools.  He asked what             
 would be the matter with a new Mt. Edgecumbe in a location where              
 most people are.                                                              
                                                                               
 Number 2056                                                                   
                                                                               
 CHAIRMAN BUNDE said this is just what HB 147 allows.                          
                                                                               
 MR. EARNHART said it would allow it, but it wouldn't develop it.              
 He asked if Mt. Edgecumbe was a charter school.                               
                                                                               
 CHAIRMAN BUNDE clarified that Mt. Edgecumbe is a state operated               
 school.  He said it was not his intent to come into a locality and            
 say that the district must now accept a new state operated school,            
 nor could the state afford to do that.                                        
                                                                               
 MR. EARNHART said the legislature is making it so the local                   
 district would be kind of pressured to accept a new charter school            
 with all the new activities.                                                  
                                                                               
 Number 2080                                                                   
 CHAIRMAN BUNDE said HB 147 allows boarding schools and boarding               
 schools that are also charter schools, if that is what the local              
 community would like.                                                         
                                                                               
 Number 2088                                                                   
                                                                               
 MR. EARNHART asked if you had to allow that.  He said he was not              
 that familiar with the current charter schools and the laws                   
 regarding it.  He felt we should wait before we did anything that             
 would alter the charter school legislation that currently exists as           
 we are not into it yet.                                                       
                                                                               
 Number 2110                                                                   
                                                                               
 CHAIRMAN BUNDE clarified that he is not interested in changing the            
 charter school legislation as it exists.  He agreed that we have              
 just gotten started in that area and that it should be given a time           
 to work.  By law, Mt. Edgecumbe is the only boarding school allowed           
 in the state of Alaska and HB 147 simply allows the establishment             
 of boarding schools, whether they be a charter school or an                   
 extension of regular schools in the school district.  This bill               
 allows the establishment of boarding schools, if the local district           
 should choose to have one.                                                    
                                                                               
 Number 2138                                                                   
                                                                               
 MR. EARNHART said this is still done under the state in a way, but            
 we are kicking it out to the local school districts to arrange it.            
 He commented that the state has done a beautiful job over the years           
 with Mt. Edgecumbe, but it might have done a little better job if             
 at least part of the students that went to Mt. Edgecumbe hadn't               
 been quite so far away from home.  He didn't know why this had to             
 be a charter school because until you get into this charter school            
 business, you have people proposing every kind of thing to amend              
 the law.  He asked if the state would give extra money to the                 
 school district to pay for the boarding arrangements and asked what           
 that would do to the formula.                                                 
                                                                               
 Number 2181                                                                   
                                                                               
 CHAIRMAN BUNDE said there is no fiscal note involved in HB 147.               
                                                                               
 Number 2188                                                                   
                                                                               
 MR. EARNHART asked if the legislature wanted local people to pay              
 and if they were under the assumption that charter schools are so             
 much cheaper that they'll be able to swing it.                                
                                                                               
 Number 2190                                                                   
                                                                               
 CHAIRMAN BUNDE said all he was doing was proposing legislation to             
 allow local districts, whether they be a regular school or a                  
 charter school, to form a boarding school if they choose to, but              
 they have to finance it.                                                      
                                                                               
 MR. EARNHART suggested that private schools be formed.                        
                                                                               
 CHAIRMAN BUNDE said private schools don't need permission from the            
 state to open a boarding school.                                              
                                                                               
 TAPE 97-16, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 BART MWAREY testified next via teleconference from Takotna.  He               
 referred to Section 1 (d), "the local school board shall supply               
 funds necessary to pay the expenses of housing nonresident                    
 students..."  He said the fact that this particular section doesn't           
 have any funding mechanism to it more or less negates the purpose             
 for which his group talked to the legislature about, the funding              
 problem of running a charter school as a boarding program.  There             
 were seven charter schools allocated for the rural villages in                
 Alaska.  Takotna Trading Center happens to represent about five or            
 six districts which, almost in itself, requires the school to board           
 the students who attend the school.                                           
                                                                               
 MR. MWAREY said the school has been in operation as an alternative            
 school for two years and one year as a charter school, the program            
 was started three years ago.  Consistently the costs overrun the              
 allocated boarding portion of the program.  They try to work with             
 the district, the community of Takotna, every fund available and              
 use fundraising methods to raise the money so that students who               
 come from outside have their boarding expenses taken care of by the           
 school.  The boarding component costs seem to run an average of               
 about $50,000 a year.                                                         
                                                                               
 MR. MWAREY said they hoped that the legislation or the statute that           
 governs Mt. Edgecumbe could be opened up to include other schools             
 who are interested in it.  If the Takotna Charter School could come           
 under that and be eligible for the boarding stipend that students             
 at Mt. Edgecumbe receive it would help.  As it exists in the                  
 current legislation, only students who come in from villages                  
 without a high school program would be eligible for that boarding             
 stipend.                                                                      
                                                                               
 Number 0291                                                                   
                                                                               
 CHAIRMAN BUNDE said it was not fiscally possible to do what he                
 requested.  The state is having a difficult time just maintaining             
 funding for the existing foundation.  For us to propose additional            
 funding for boarding students is not realistic.  He is willing and            
 interested in allowing schools to have the option of setting up a             
 school, but the funding mechanism would have to fall back to the              
 local district.                                                               
                                                                               
 Number 0343                                                                   
                                                                               
 MR. MWAREY responded that when the charter school legislation was             
 proposed there was no additional funding.  Funding is achieved by             
 students who attend that school based on the funding formula for              
 that community.  He reiterated that they have tried everything                
 possible to make sure that costs are met for educating the kids as            
 well as housing students who come in from outside.                            
                                                                               
 MR. MWAREY mentioned in research and reading that he has done, the            
 failure of a charter school is not due to the fact that they are              
 bad programs, but due to the lack of funding.  This is proven by              
 test scores and students who have successfully been sent to college           
 after graduation from their charter school.  He referred to a                 
 student who currently attends the University of Alaska-Fairbanks,             
 but had he remained in his district high school would have dropped            
 out.  This student gained the skills needed and is able to take               
 regular college classes, not remedial classes.  He asked if there             
 was any way that the boarding program could receive some stipend.             
                                                                               
 Number 0498                                                                   
                                                                               
 CHAIRMAN BUNDE commended the work that was being done and believed            
 that charter schools were providing an exceptional education                  
 program, but it was not possible to fund the boarding component.              
 He asked that you take a look at HB 148, which revises the                    
 foundation formula and turns it into a per pupil formula.  Perhaps            
 HB 148 will be an asset toward the funding of charter schools.                
                                                                               
 Number 0552                                                                   
                                                                               
 REPRESENTATIVE PORTER said it was his understanding that HB 147               
 doesn't set up any requirements, it just sets up the ability of the           
 school district to have a boarding school whether it is a charter             
 school or a regular school.  He assumed that the local school                 
 district would have the ability to set the geographic boundaries              
 for attendance of that school.  He asked if they wanted to take               
 non-residents from outside of the school district, would they be              
 precluded from charging a tuition.                                            
                                                                               
 Number 0593                                                                   
                                                                               
 JOHN CYR, President, National Education Association-Alaska, (NEA-             
 Alaska), was next to testify.  It seemed to him, at least on the              
 surface, that it would be illegal to charge a tuition for a public            
 school.                                                                       
                                                                               
 Number 0644                                                                   
                                                                               
 REPRESENTATIVE PORTER clarified that he is not talking about                  
 charging a fee to replace the money they would receive from the               
 foundation formula of having that child in their district, but the            
 costs of paying room and board.  He said if someone wanted to make            
 that decision, we wouldn't want to set up a barrier to it.                    
                                                                               
 Number 0660                                                                   
                                                                               
 MR. CYR said, it seemed to him, that one of the underlying                    
 principles of a public education is that it is open and available             
 to all members of the public, regardless of their financial                   
 position.  If you are accepted into Mt. Edgecumbe, choose to go,              
 then the state picks up whatever the cost is.  His economic                   
 ability, as a parent, doesn't preclude his child from going.  If we           
 establish charter schools, in any community, then we have to be               
 assured that those schools are available to all members of the                
 community.  If in fact there is a charter school in Anchorage and             
 I live there, then my child should be able to go.  If there is a              
 charter school in Takotna that takes boarding students from                   
 anywhere in the state, as a member of the public, my child should             
 be able to attend regardless of my economic condition.  Otherwise             
 we have set up a class system which is the antithesis of public               
 schooling.                                                                    
                                                                               
 Number 0740                                                                   
                                                                               
 CHAIRMAN BUNDE referred to the fact that you have to be selected to           
 go to Mt. Edgecumbe.  As he understood, students received a $100              
 stipend for travel expenses.  Someone, somewhere picks up the rest            
 of that cost.                                                                 
                                                                               
 Number 0769                                                                   
                                                                               
 REPRESENTATIVE PORTER said, recognizing that there are only so many           
 seats available at Mt. Edgecumbe, there are some folks that would             
 like to go to a regional school that can't.  A school district that           
 provides a regional hub high school, for its district, certainly is           
 making that available to everyone in its district.  If someone from           
 another area likes the curriculum here, wasn't able to get into Mt.           
 Edgecumbe, they would be in a position to have a basic education in           
 their region, but they would have to opt to move there.  He did not           
 see how that was setting up anything other than additional                    
 motivation to get what you want, if that school district is                   
 willing, has the ability to have seats available, but needs the               
 offset so as to not require residents of their school district to             
 pay for kids from outside.                                                    
                                                                               
 Number 0834                                                                   
                                                                               
 MR. MWARNEY testified next via teleconference from Takotna.  He               
 said Takotna Trading Center is one charter school for five or six             
 districts in the region.  Those other districts could not have a              
 charter school in their district because only seven charter schools           
 were allocated in rural areas of the state.  Those five other                 
 districts are what makes their school a boarding program.  When               
 students choose to attend the charter school, they have to travel             
 here and live someplace.  The school is not under the same statute            
 that governs Mt. Edgecumbe and so the students are not eligible for           
 the boarding stipend.                                                         
                                                                               
 Number 0904                                                                   
                                                                               
 CARL ROSE, Executive Director, Association of Alaska School Boards,           
 said, "As we take a look at the bill, I think we support House Bill           
 147.  We have some concerns and I think some of them have been                
 addressed.  We support charter schools, we think that the bill that           
 has passed needs some time for implementation.  And I think that              
 everybody is in agreement that we're, they're afford us that time.            
 However, when we address charter schools in this piece of                     
 legislation, without corresponding funds, what we do is, we pass              
 the burden onto the school district to make a determination whether           
 they approve a charter school and take a look at the boarding                 
 requirement as an additional cost with no additional money.  I                
 think, it may weigh heavily on the side of non-approval.  So, it's            
 an additional burden I think for a school district to take a look             
 at the total cost if you're going to take a look at dormitory                 
 services that aren't covered elsewhere.  It's an additional weight            
 on that decision.  I think it'll have a negative impact and I'd               
 like people to understand that if we want people to take advantage            
 of charter schools and we're going to allow for folks to cover the            
 cost and we're talking about mandating some things here without the           
 money, the additional burden is on the school district whether                
 they'll approve the program or not.  And the weight of that                   
 decision will, I think, exacerbate the whole charter school issue."           
                                                                               
 Number 0975                                                                   
                                                                               
 MR. ROSE said, "The charter school issue is to try to give some               
 latitude to, to school districts to do some things free from some             
 of the requirements.  And if we're going to enhance that with a               
 piece of legislation, I think that's great, but if you create                 
 another barrier that weighs in the consideration of whether you               
 approve or don't approve because you can't recover the cost, I have           
 some concerns about that and I think we should take a look at it."            
                                                                               
 Number 0997                                                                   
                                                                               
 MR. ROSE said, "The second issue on, on the, on boarding schools.             
 I don't think anybody can argue with the success of statewide                 
 boarding, boarding school if you take a look at Mt. Edgecumbe as              
 the example.  Any time you have a chance to address the issue of a,           
 a curriculum that is not only enhanced because of, of some of the             
 admittance requirements, but also the issue of 24 hour supervision.           
 Tremendous advantage if you're going to try to educate kids with              
 that kind of a framework.  To extend that opportunity statewide, I,           
 I think is a good idea for people who want to take advantage of               
 that.  And I think as is mentioned by Representative Porter, if a             
 school district, a small school district, wanted to consolidate its           
 high schools into one regional high school the ability to do that             
 would be good, I think."                                                      
                                                                               
 Number 1038                                                                   
                                                                               
 MR. ROSE said, "On the other hand, we have some areas of concern              
 with the small rural high school.  Will they be able to stay in               
 existence?  I think, I think the issue will become one of, one of             
 value that someone will have to place on those programs.                      
 Nonetheless with the advent of Molly Hootch, et cetera, we've                 
 developed a system of education where we value the small high                 
 school, small rural high school.  Kids are allowed to go to school            
 in their hometown.  Some of the, some of political concerns there,            
 I think, are a bit of a problem.  Nonetheless, I think that what              
 you're doing with this bill is you're allowing it to happen, you're           
 providing some latitude and I think the school board association              
 would support that.  However, we're taking a look at the issue of             
 charter, is it an additional burden in the weighing of a decision             
 in the issue of, of a state, state boarding schools.  I think is              
 one that provides latitude with some assistance, I think it could             
 bear some fruit.  However, to, to take a look at our economic state           
 right now, the ability to take advantage of some of latitude, I               
 think would be minimal, but nonetheless the ability will be there."           
                                                                               
 Number 1092                                                                   
                                                                               
 CHAIRMAN BUNDE clarified that not all charter schools would be                
 boarding schools.                                                             
                                                                               
 Number 1106                                                                   
                                                                               
 STEPHEN McPHETRES, Executive Director, Alaska Council of School               
 Administrators, said, "We conceptually support this legislation,              
 but we also have some concerns and you've, you've clarified some of           
 them as you've talked to folks that are testifying previous to my             
 testimony.  The concern, some of the concerns we have are actually            
 in this particular piece of legislation we see that there's two               
 issues and two clear issues.  One is the addressing of a, of a                
 compromise or some type of amendment to the current charter school            
 legislation and the other one is creating a mechanism for, for the            
 creation of additional state boarding schools.  So, I think if we             
 can take those two in, in, in the separate I think it would make a            
 much clearer picture for all of us in our discussions."                       
                                                                               
 Number 1162                                                                   
                                                                               
 MR. McPHETRES said, "Having been one to have experienced the                  
 creation of the regional boarding schools, the dissolving of the              
 regional boarding schools, the dissolving of Mt. Edgecumbe, the               
 creation of Mt. Edgecumbe.  Having taught at Sheldon Jackson when             
 it was a high school boarding school, we do come with a little bit            
 of expertise in the areas of the value of good quality boarding               
 schools across the state.  And certainly we see the, the benefit              
 that Mt. Edgecumbe has created for Alaskan's children since it's              
 been restarted in the eighties.  And certainly there has been lots            
 of discussions in all the circles that we've been around for the              
 need for additional, possibly additional boarding schools in the              
 interior.  So, from that concept, we feel supportive of the                   
 legislation.  The concern is, of course, is an unfunded mandate               
 that, and you've alluded to this in your comments to the fact that            
 we have X number of dollars and currently that, those X number of             
 dollars are being distributed to current programs and to add                  
 something new to it is just mainly taking away from what already              
 exists.  And we want to be sure that we are clear in our mind that            
 we're not creating another situation where we're going to even draw           
 down on the current revenues as school districts are getting for              
 their programs."                                                              
                                                                               
 Number 1214                                                                   
                                                                               
 MR. McPHETRES said, "In the review of some of the charter                     
 applications that I've listened to before the state Board of                  
 Education, there has been a concern and I'll just throw this out on           
 the table as a concern that's being expressed since we are in a               
 five year trial period for charter schools and evaluating some of             
 the rocks that are in the road along the way.  One is this whole              
 issue of the non-resident student and when, this particular piece             
 of legislation speaks to, of course, the housing, the room and the            
 board.  But we're getting into an area where, in some applications,           
 they're looking at the districts going outside of their own                   
 district and recruiting students come into their district's charter           
 school.  The question is, is that ethical to do that?  Is, are we             
 starting to open the doors to multiple recruiting from one district           
 to the next from all across the state?  Are we creating a situation           
 that maybe we need to take a real hard look at that we're not, not            
 doing something that is going to be adverse to the whole                      
 educational structure as we go down the road here.  So, I just                
 throw this out as a word of caution."                                         
                                                                               
 MR. McPHETRES said, "Regarding your, your question of tuition,                
 Representative Porter if I may, we did have a tuition program in              
 the state of Alaska for a number of years and it, it a actually               
 served as, if a, if a school child was able to go from one school             
 district to another school district then that visiting school                 
 district then would receive a tuition for that child coming from              
 the home district.  And that was then a reimbursed by the state.              
 That practice went out about, I want to say, four or five years ago           
 to where now if there's a student that transferred from one                   
 district to another it's the responsibility of the host district to           
 pay that tuition.  There have been in the past school districts who           
 have paid the full tuition for their students to attend other                 
 schools and I use as an example the Pribolof Islands.  At one time            
 they did not have any ninth through twelfth program and they sent             
 all their kids to MatSu school district and paid their room and               
 board and tuition while the students went to, to that, to their               
 educational program.  So, there has been a past practice to maybe             
 clarify some of your questions better."                                       
                                                                               
 Number 1337                                                                   
                                                                               
 MR. McPHETRES said, "So, in conclusion I would say that we are in             
 support of the charter school concept.  We do see some exciting               
 ideas that are being floated out there as potential charter                   
 schools.  We are concerned about the extent to the, that they're              
 going to extend to and we would just like to throw a little air of            
 caution as we get into this whole issue of evaluating and changing            
 what currently exists.  As far as the state boarding schools, as              
 long as we're looking at creating something new with new dollars              
 then we would support such a thing as that as well."                          
                                                                               
 Number 1369                                                                   
                                                                               
 CHAIRMAN BUNDE said this is the first time that HB 147 was heard              
 and as there is no more testimony on this bill, it will be heard              
 again on Tuesday, March 11, 1997.                                             

Document Name Date/Time Subjects