Legislature(1997 - 1998)

02/17/1998 03:06 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SSHB 148 - SCHOOL FUNDING ETC./ CHILD CARE GRANT                               
                                                                               
Number 0540                                                                    
                                                                               
CHAIRMAN BUNDE announced the next order of business was SSHB 148,              
"An Act relating to the public school funding program; relating to             
the definition of a school district, to the transportation of                  
students, to school district layoff plans, to the special education            
service agency, to the child care grant program, and to compulsory             
attendance in public schools; and providing for an effective date."            
                                                                               
CHAIRMAN BUNDE asked Eddy Jeans from the Department of Education to            
come forward.  He reminded Mr. Jeans of his request for a                      
spreadsheet that would indicate the implications of SSHB 148 in                
future years.                                                                  
                                                                               
Number 0580                                                                    
                                                                               
EDDY JEANS, Manager, School Finance Section, Education Support                 
Services, Department of Education, responded he was waiting for                
further direction from Chairman Bunde before completing the                    
spreadsheet.                                                                   
                                                                               
CHAIRMAN BUNDE asked if the committee had any further questions                
regarding the side-by-side school funding analysis or the                      
foundation formula.                                                            
                                                                               
Number 0672                                                                    
                                                                               
REPRESENTATIVE AL VEZEY said the glaring question is the unknown               
funding required to implement SSHB 148.  It was his opinion  the               
committee was dealing with subjective portions of the formula, but             
was failing to put enough objective analysis in it to actually see             
what the legislation would actually do.                                        
                                                                               
CHAIRMAN BUNDE remarked the committee could go through SSHB 148                
section by section and examine the side-by-side analysis until                 
committee members were comfortable with it.  He asked Mr. Jeans to             
begin the sectional analysis.                                                  
                                                                               
MR. JEANS pointed out the reason for the unknown cost on the                   
spreadsheet for SSHB 148 is because the Department of Education was            
anticipating the incorporation of the McDowell Study into the                  
school funding analysis.                                                       
                                                                               
CHAIRMAN BUNDE pointed out the representative from the McDowell                
Group had been unable to attend this committee hearing, so the                 
committee would move the bill when committee members were satisfied            
with it, and the Finance Committee could incorporate the figures of            
the area cost differential.                                                    
                                                                               
Number 0798                                                                    
                                                                               
MR. JEANS noted he would be addressing the fiscal note from last               
year, inasmuch as the fiscal note for the current year had not been            
updated.  Beginning the analysis, he said that basically the                   
funding formula is a departure from the current funding formula                
which is based on instructional units.  Sponsor Substitute for                 
House Bill 148 will be based on students; those students will be               
adjusted by a size factor for the size of the school; that will                
also be adjusted by an area cost differential, as well as an                   
adjustment for special needs; i.e., special education, bilingual               
education and vocational education.  This legislation recommends a             
20 percent adjustment for categorical funding and excludes a                   
category of intensive students which are severely multi-handicapped            
students.  There are approximately 12,000 intensive students                   
statewide and the cost runs about $20,000 per student.                         
                                                                               
Number 0884                                                                    
                                                                               
MR. JEANS further stated that SSHB 148 is a student based                      
allocation formula, based on per pupil allocations.  The                       
legislation does not call for an annual increase in the student                
allocation number, so once the number is established in statute, it            
would be up to the legislature to either increase or decrease the              
funding.  As mentioned earlier, the special needs factor is a 20               
percent adjustment factor based on the students enrolled in schools            
for categorical funding.  This would include special education,                
gifted/talented, bilingual and vocational education.  There would              
be no change from the current program for students identified with             
intensive needs.  The required local effort under SSHB 148 would               
start at three mills, increase one-quarter of a mill each year                 
until it's back at the current level of four mills required                    
contribution.                                                                  
                                                                               
Number 0953                                                                    
                                                                               
CHAIRMAN BUNDE said there was a hold harmless clause written into              
SSHB 148 to ease the transition, but he questioned what the chances            
were that one or more districts would continue to try to function              
under the hold harmless after the second year.                                 
                                                                               
MR. JEANS responded the only two districts he could think of that              
could possibly qualify for the hold harmless in the third year                 
would be the Aleutian region and possibly, Pelican.                            
                                                                               
CHAIRMAN BUNDE observed the amount of funds going into hold                    
harmless would decrease very rapidly.                                          
                                                                               
Number 0997                                                                    
                                                                               
MR. JEANS referred to page 2 of the school funding analysis and                
said SSHB 148 does not have a redistribution based on property                 
wealth.  He pointed out this is referred to in Senate Bill 36 as               
supplemental equalization and in Senate Bill 146, as normalization             
of property wealth.  Basically, it's a redistribution of property              
wealth based on a per student basis, and SSHB 148 does not contain             
that provision.                                                                
                                                                               
Number 1026                                                                    
                                                                               
CHAIRMAN BUNDE understood that under SB 36, the North Slope Borough            
would have to pay $33 million to the state of Alaska.                          
                                                                               
MR. JEANS explained that's the recapture provision.  Senate Bill 36            
sets the required local effort for all municipal school districts              
in the state at 4.5 mills.  Any revenue generated over and above               
basic need for a school district would come back to the state as a             
revenue source to the foundation program, and that is approximately            
$33 million.                                                                   
                                                                               
CHAIRMAN BUNDE indicated the bottom line is the North Slope Borough            
would be helping finance the rest of the state's schools.                      
                                                                               
MR. JEANS confirmed that.                                                      
                                                                               
Number 1068                                                                    
                                                                               
MR. JEANS explained that SSHB 148 does not consider federal impact             
aid in the formula, so the cap on local contributions is able to be            
lifted.  Currently, the cap on local contributions is equivalent to            
23 percent of basic need, in addition to the four mill required                
local effort.                                                                  
                                                                               
CHAIRMAN BUNDE asked Mr. Jeans to address the disparity issue.                 
                                                                               
Number 1103                                                                    
                                                                               
MR. JEANS pointed out the federal disparity test is a test of                  
equalization of revenues that are distributed to school districts.             
On a per student basis, the test gets more difficult to apply and              
to meet the standards.  Under the instructional unit basis, it's               
quite easy because a much larger figure is used in computing the               
disparity; $61,000 as opposed to possibly $5,000 per student in                
allocation.  Impact aid funds are considered in the state                      
distribution plan, so the federal disparity equity test must be                
met.  He continued, "Once we no longer consider how much money a               
school district receives in federal impact aid, we're not subjected            
to the federal equity test; although you will still be subjected to            
some test of equity within your own state, possibly within the                 
courts if a district filed suit."                                              
                                                                               
CHAIRMAN BUNDE understood the federal equity concerns are to ensure            
the poorest schools are not too greatly different from the richest             
school districts, and it's done on a percentage basis.                         
                                                                               
MR. JEANS confirmed that.                                                      
                                                                               
Number 1200                                                                    
                                                                               
REPRESENTATIVE PORTER reflected that if federal funds are not                  
considered in the state formula, the state is not held to the                  
requirement of limiting the disparity.                                         
                                                                               
MR. JEANS said that was correct; the state would not be held to the            
standard of equity that's in the federal law.                                  
                                                                               
REPRESENTATIVE PORTER asked what happens to the federal funds.                 
                                                                               
MR. JEANS said the federal funds continue to go to the school                  
districts, as it does now.                                                     
                                                                               
REPRESENTATIVE PORTER asked, "We just don't add or subtract from               
what the state gives based on what they received from the federal              
government.  Is that correct?"                                                 
                                                                               
MR. JEANS affirmed that.                                                       
                                                                               
REPRESENTATIVE PORTER inquired if there was a great disparity in               
federal funds that go to school districts.                                     
                                                                               
MR. JEANS explained, "The way I like to look at federal impact aid             
funds are just like the required local effort - the four mills.  In            
many of our rural school districts, the revenue they get through               
impact aid is in lieu of property taxes and that's because the                 
lands out there are held in trust by either the Native corporations            
or the Natives, themselves.  This is the federal government making             
their contribution in local tax revenue because those lands have               
been removed from the tax rolls due to federal intervention.  So,              
there is quite a variance out there as to which districts get how              
much money and it all depends on who lives on the federal lands."              
                                                                               
Number 1280                                                                    
                                                                               
REPRESENTATIVE VEZEY said that no one has been able to show him                
where the federal government applies a cost differential between               
schools within the state in calculating disparity.  There's never              
been any disparity after cost differential is applied.  He doesn't             
have a problem with this approach, but he does get frustrated with             
the discussions about the state being subject to a disparity test,             
when the state has never challenged the federal government to rule             
on that issue.                                                                 
                                                                               
MR. JEANS acknowledged the Department of Education has not                     
challenged the federal government on the disparity test itself, but            
the school districts historically have challenged the Alaska                   
Department of Education on the disparity test and the department               
has gone through hours and hours of hearings to prove that the                 
state of Alaska does, in fact, meet the federal disparity test.  He            
said, "In terms of equity and the differentials, it's assumed that             
all school districts are equal when we get to basic need."                     
                                                                               
REPRESENTATIVE VEZEY replied, "But your point being is that you're             
saying the federal disparity test requires you to have a                       
geographical area differential - it doesn't.  I never did see that             
when I looked through the rules and regulations.  It basically says            
-- it assumes that you're going to allocate this,  so much per                 
student or school or square foot of classroom.  It never dreamed               
of, when the feds sat down and wrote that set of regulations, that             
some state would come along and give somebody a 43 percent cost of             
living differential in their funding ..."                                      
                                                                               
Number 1395                                                                    
                                                                               
CHAIRMAN BUNDE pointed out that impact aid comes not only to rural             
areas, but to Anchorage and Fairbanks as well because of the                   
military bases, which is in lieu of property taxes.  He said, "We              
can ignore the disparity to a certain extent, and just turn down               
the impact aid."                                                               
                                                                               
MR. JEANS pointed out that it's not a matter of receiving or                   
turning down the impact aid funds; those funds are going to                    
continue to flow to the school districts.  What is at question is              
whether or not the state of Alaska is going to measure how much                
impact aid a school district receives when determining that school             
district's state aid allocation.                                               
                                                                               
Number 1439                                                                    
                                                                               
REPRESENTATIVE TOM BRICE cited a hypothetical situation of two                 
similar foundation formulas; one includes federal impact aid, the              
other doesn't.  He asked what the difference would be in terms of              
the state allocation.                                                          
                                                                               
MR. JEANS said, "That's a difficult question to answer.  Unless                
you're assuming that we have the identical formula in both cases               
and you take impact aid out of the equation, unit value is still               
$61,000.  What is the new entitlement to school districts?  It will            
increase by approximately $35 million of state aid because we                  
offset state aid by about $35 million -- federal impact aid."                  
                                                                               
CHAIRMAN BUNDE said it had been his assumption that impact aid was             
in jeopardy if the state doesn't meet the disparity test.  But                 
apparently that assumption was incorrect; the state ends up in                 
court if it is not met.                                                        
                                                                               
MR. JEANS replied that if the state does not meet the disparity                
test, the state would first have to pay back those funds that were             
withheld, which would be the $35 million, to those school districts            
and the state would not be able to withhold those funds in the                 
future until the state has proven to the Office of Impact Aid that             
the state has a new formula which meets the standard of equity.                
                                                                               
Number 1529                                                                    
                                                                               
MR. JEANS resumed his sectional analysis.  He said that SSHB 148               
has an adjustment for single site school districts, which is true              
of all the bills, except HB 294.  Also, SSHB 148 sets a minimum                
size for a funding community at ten.  He believed that currently               
there are approximately ten funding communities that are serving               
less than ten students.                                                        
                                                                               
CHAIRMAN BUNDE interjected that recent statistics indicated there              
are 49 schools in the state with 20 or fewer students.                         
                                                                               
Number 1571                                                                    
                                                                               
CHAIRMAN BUNDE said, "For an administrative concern to put a cap on            
a minimum on the size of districts to form a school district - to              
put a cap on the administrative costs - without HB 148 would                   
require separate legislation."                                                 
                                                                               
MR. JEANS advised that establishing new school districts or setting            
a minimum size for school districts would require additional                   
legislation.  Sponsor Substitute for House Bill 148 simply sets a              
minimum size for a funding community and does not deal with the                
school district.                                                               
                                                                               
Number 1620                                                                    
                                                                               
CHAIRMAN BUNDE said he would like to discuss the area cost                     
differential after Mr. Jeans finished his overview.                            
                                                                               
Number 1643                                                                    
                                                                               
MR. JEANS continued that SSHB 148 has transitional funding, or hold            
harmless funding, for school districts.  The rate of hold harmless             
decreases quite rapidly.  He directed the committee's attention to             
the millage rate on the school funding analysis, and said it is not            
an increase in required local contribution, it simply states that              
to qualify for the hold harmless, a municipality must be making a              
contribution at that millage level.                                            
                                                                               
CHAIRMAN BUNDE asked what the local contribution mill rate is for              
Juneau.                                                                        
                                                                               
MR. JEANS said Juneau contributed 7.7 mills in FY 96.                          
                                                                               
REPRESENTATIVE PORTER pointed out that Anchorage is over eight                 
mills.                                                                         
                                                                               
CHAIRMAN BUNDE asked if the hold harmless was addressed in the                 
Department of Education's fiscal note.                                         
                                                                               
MR. JEANS replied the hold harmless was included in the fiscal                 
note.                                                                          
                                                                               
CHAIRMAN BUNDE asked Mr. Jeans to address pupil transportation.                
                                                                               
Number 1723                                                                    
                                                                               
MR. JEANS explained that SSHB 148 includes a weighting factor in               
the formula for pupil transportation.  Currently, pupil                        
transportation is funded outside of the foundation program.  This              
would take the approximately $36 million allocated for the pupil               
transportation program and distribute it through the foundation                
program based on a ratio of what the pupil transportation program              
costs in a district to their total budget.                                     
                                                                               
CHAIRMAN BUNDE asked if that would be a net loss or a net increase             
in areas like Fairbanks, Anchorage and Kenai who use a number of               
buses.                                                                         
                                                                               
MR. JEANS said the Department of Education views it as doing a                 
couple of things.  First, if the money is provided to the school               
districts and the department gets out of reviewing the Requests for            
Proposals (RFPs) and setting parameters for the contracts, then the            
districts could be more aggressive and hopefully, save some money.             
Secondly, the pupil transportation program has been inflation-                 
proofed.  That's because inflationary adjustments based on the                 
Anchorage Consumer Price Index (CPI) are built into the contracts              
and the department budgets for that on an annual basis.                        
                                                                               
CHAIRMAN BUNDE inquired if that could be described as block                    
granting.                                                                      
                                                                               
MR. JEANS affirmed that.                                                       
                                                                               
Number 1788                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked if an accurate summation would be that            
it was the department's thinking that school districts would get               
more aggressive in cost reductions by allowing the districts more              
discretion.                                                                    
                                                                               
MR. JEANS said that was accurate.                                              
                                                                               
REPRESENTATIVE KEMPLEN noted the Anchorage School District recently            
bid out their school bus service and discovered the cost actually              
increased significantly, which is one of the reasons the district              
is working toward maintaining an independent bus system.  Laidlaw              
is the only private sector entity providing public transportation              
and almost has a monopoly.  His concern with this approach is that             
as areas expand and populations spread out,  significant amounts of            
money will be required to transport students and if Laidlaw or some            
other private sector entity is the dominant provider, it could                 
create a hardship for local school districts.  The districts would             
be forced to choose between providing transportation or using the              
money for education.  He asked Mr. Jeans to explain the weight                 
factor.                                                                        
                                                                               
Number 1898                                                                    
                                                                               
MR. JEANS said using FY 94 data which was the most recent, the                 
department ran the percentage of pupil transportation costs to the             
total budget and used that percentage as a proxy for an allocation             
through the formula.  In terms of Laidlaw, the department is aware             
that Laidlaw has a corner on the market in pupil transportation in             
this state.  He said transportation contracts in Alaska are fairly             
fragmented.  For example, Anchorage lets two contracts of                      
approximately 80 buses each, and Mat-Su lets three contracts.                  
Since Laidlaw does have a corner on the market in Alaska, the                  
department talked with other contractors around the nation about               
what it would take to entice them to bid in Alaska.  He explained              
these contractors are not interested in coming to Alaska because               
the start up costs are too high for the small contracts.  The                  
department has been working with the Anchorage and Mat-Su School               
Districts trying to get as many of the contracts on the same cycle,            
so 300 buses are being bid out in a year on two bids, as opposed to            
80 buses this year and 2 sets of 80 next year.                                 
                                                                               
Number 1972                                                                    
                                                                               
REPRESENTATIVE KEMPLEN again asked if it is likely a school                    
district will have to make a choice between pupil transportation               
and education in order to meet the needs of a growing, scattered               
population in the district.                                                    
                                                                               
MR. JEANS said school districts will definitely have to make some              
decisions; Anchorage currently makes similar decisions in running              
contracted routes along side the district-operated routes.  The                
department does not fully reimburse Anchorage for the district-                
operated routes because the cost is much higher than the contracted            
routes.                                                                        
                                                                               
Number 2021                                                                    
                                                                               
CHAIRMAN BUNDE noted that Representative Kemplen had recounted that            
when the contracts were rebid, private transportation has come in              
higher.                                                                        
                                                                               
REPRESENTATIVE PORTER said, "Mr. Chairman, as I remember their                 
presentation, they said their bids were higher, but I don't think              
they yet came into the area of the cost of their own service.  The             
costs went up of those private contracts, but I don't think they               
reached the level of their own."                                               
                                                                               
MR. JEANS verified that contracted costs are coming up, but still              
have not reached what the district-operated routes cost.                       
                                                                               
CHAIRMAN BUNDE interjected the philosophy is that if there are no              
district-operated routes, then Laidlaw sets whatever price they                
choose.                                                                        
                                                                               
Number 2063                                                                    
                                                                               
REPRESENTATIVE VEZEY didn't understand what the problem was if the             
contracts are still coming in below district cost.  He explained               
that three or four years ago, Laidlaw underbid everyone and got the            
contracts, now the unit cost has gone up but it is still lower than            
district operated routes.                                                      
                                                                               
MR. JEANS pointed out that Laidlaw bought out Mayflower, a major               
competitor, so Laidlaw did get a corner on the market but as long              
as there are fragmented contracts, no other company will come to               
Alaska to bid.                                                                 
                                                                               
Number 2149                                                                    
                                                                               
REPRESENTATIVE BRICE asked if he was correct in saying that under              
the current formula, there is a cap on the amount that a                       
municipality can contribute to their education.                                
                                                                               
MR. JEANS confirmed that.                                                      
                                                                               
REPRESENTATIVE BRICE asked if that was incorporated into SSHB 148.             
                                                                               
MR. JEANS replied that under SSHB 148, the local cap is removed and            
left to the discretion of the local municipality.                              
                                                                               
REPRESENTATIVE BRICE inquired if there would be a conflict with the            
federal disparity test.                                                        
                                                                               
MR. JEANS responded the disparity issue would no longer be an issue            
because federal funds would not be considered in the formula under             
SSHB 148.                                                                      
                                                                               
CHAIRMAN BUNDE interjected that if the disparity became too great,             
there would probably be court suits that would challenge, under                
federal law, that students were not being treated equally.  He                 
pointed out that some municipalities have their own local caps.                
                                                                               
Number 2221                                                                    
                                                                               
REPRESENTATIVE BRICE expressed concern with it being silent in                 
SSHB 148 that if it should go to court, the court would then                   
mandate a cap.  He asked for some feedback from the department.                
                                                                               
Number 2281                                                                    
                                                                               
CHAIRMAN BUNDE asked, "Would I be correct in saying that on this               
disparity issue, if the North Slope Borough chose to assess                    
themselves at the four mill level, that $33 million you were                   
mentioning, they could put -- that would come into supporting all              
schools -- they could actually put that in their own schools if                
they chose to without any disparity, if the disparity concerns are             
removed?"                                                                      
                                                                               
MR. JEANS said that would be accurate under SSHB 148.                          
                                                                               
Number 2315                                                                    
                                                                               
REPRESENTATIVE KEMPLEN referred to the categorical funding, and                
inquired how the 20 percent figure was arrived at.                             
                                                                               
MR. JEANS stated the 20 percent figure came from the Governor's                
bill last year.  The department wanted a separate pot of money for             
categorical funding, so the special interest groups in special,                
bilingual and vocational education still felt they had funds                   
available for the special needs.                                               
                                                                               
TAPE 98-9, SIDE B                                                              
Number 0001                                                                    
                                                                               
MR. JEANS ... the department went back and calculated how much                 
money was going through the current foundation formula for each one            
of these categories and took that ratio of the total pot of money,             
and it worked out to be a 20 percent allocation.                               
                                                                               
Number 0011                                                                    
                                                                               
CHAIRMAN BUNDE commented the genesis of this bill was the two years            
of work done by the state school board and foundation formula                  
experts, coming up with their considered opinion in what a formula             
rewrite should look like.                                                      
                                                                               
Number 0025                                                                    
                                                                               
REPRESENTATIVE KEMPLEN noted that gifted/talented is separated out             
as a distinct category under some of the other proposals listed on             
the school funding analysis and asked if there was a specific                  
reason for that.                                                               
                                                                               
MR. JEANS explained that currently gifted/talented is included in              
the categorical funding heading of special education.  The reason              
it is displayed as such in the side-by-side school funding analysis            
is because SB 36 actually removes gifted/talented out of the                   
category of special education and creates its own separate category            
of funding.  The Governor's foundation formula rewrite proposes to             
use the special education task force recommendation which was to               
continue to have gifted/talented under the umbrella of special                 
education, but that it become its own separate allocation.  It was             
listed out separately so people didn't think that gifted/talented              
had been forgotten.                                                            
                                                                               
Number 0098                                                                    
                                                                               
REPRESENTATIVE KEMPLEN speculated about the possibility of the                 
number of gifted/talented children increasing as a result of the               
emphasis society has placed on the importance of early childhood               
development.  He suggested that it would be prudent to                         
differentiate the gifted/talented category from bilingual and                  
vocational education to avoid potential competition for the 20                 
percent funding.  He asked Mr. Jeans if he could foresee a conflict            
in which there would be a tradeoff between the increasing                      
gifted/talent student population and the other categories.                     
                                                                               
MR. JEANS said that kind of competition for those revenue sources              
currently exists.  Under the current foundation program, there are             
no categorical expenditure requirements in the state.  The formulas            
provide revenue and it's up to the school districts to spend that              
revenue as they see appropriate.  However, for special education,              
there is an individual education program (IEP), which identifies               
the services that have to be provided a child regardless of the                
cost, whether the state fully reimburses the district or not.                  
                                                                               
Number 0251                                                                    
                                                                               
REPRESENTATIVE PORTER asked how the money was currently allocated.             
                                                                               
MR. JEANS said it was based on the number of students identified               
with that need and receiving services.                                         
                                                                               
CHAIRMAN BUNDE noted there had been problems with some districts               
claiming a higher number of students in order to increase the level            
of funding.                                                                    
                                                                               
Number 0279                                                                    
                                                                               
REPRESENTATIVE VEZEY recalled the committee had already heard                  
testimony that average daily memberships(ADM) are not audited.                 
                                                                               
MR. JEANS affirmed that Representative Vezey was right.  He said               
currently, the department does not go to each school and verify                
average daily membership.  Although, for the special education                 
category, the department has a review team that goes out on a 3- or            
5-year cycle to review the IEPs.  Every year the department sends              
out bills or money to school districts for misclassifications.  The            
only mechanism available to the department at this point for the K-            
12 students, is the October 1 enrollment which is strictly a head              
count. That enrollment count is compared to the foundation reports             
to identify any large discrepancies.  There simply isn't the staff             
to perform the audits.                                                         
                                                                               
Number 0346                                                                    
                                                                               
CHAIRMAN BUNDE defined the head count for clarification.  He said              
it's a 20-day period, and the average of those 20 days.  Under                 
SSHB 148, a second count will be required in the spring.  He asked             
Mr. Jeans what the best way would be of verifying the average daily            
memberships figures.                                                           
                                                                               
MR. JEANS commented without additional staff, the department uses              
the tools that are currently available.                                        
                                                                               
CHAIRMAN BUNDE asked how the department would verify the figures               
under the scenario of a per unit formula.                                      
                                                                               
MR. JEANS said the department would continue to use the October 1              
enrollment figure as a proxy.  He explained that under the current             
foundation formula, the department still gets average daily                    
membership counts, and would continue to get the average daily                 
membership under all of the proposed legislative bills.  The                   
difference would be that under SSHB 148, an adjustment factor would            
be applied to the students to derive at the number of students.                
Whereas, under the current formula, the number of students is run              
through a formula which converts the product to instructional                  
units.                                                                         
                                                                               
Number 0443                                                                    
                                                                               
CHAIRMAN BUNDE again asked how the department could authenticate               
the average daily membership count without an audit team traveling             
to the school to conduct a head count.                                         
                                                                               
MR. JEANS stated the department has two counts that occur.  The                
school districts take a head count on October 1 by grade, by                   
ethnicity, which is used for federal reporting purposes.  That                 
information is compared to the information submitted to the School             
Finance Section, Mr. Jeans' Office, which is the 20-day count, for             
any large discrepancies between the two reports.                               
                                                                               
CHAIRMAN BUNDE said the point is that both counts are being done by            
the same people.                                                               
                                                                               
Number 0523                                                                    
                                                                               
REPRESENTATIVE BRICE asked how the department verifies that school             
districts are spending special needs funds for special needs                   
purposes.  Under the current formula, special needs children do not            
necessarily compete with vocational education programs being                   
offered, but under SSHB 148 it is possible that vocational                     
education programs could end up competing with the special needs               
children.                                                                      
                                                                               
MR. JEANS said the intent of the 20 percent allocation was to put              
approximately the same dollars that are currently being allocated              
to those three programs under the current foundation program out to            
the districts.  He said, yes, there will be some competition                   
between programs.                                                              
                                                                               
REPRESENTATIVE BRICE understood the difference was that SSHB 148               
gives school districts more leeway to allocate those funds.  His               
preference would be to allocate funds for each category.  He                   
reiterated his concern that some type of auditing or verification              
function be performed to ensure that special needs monies are                  
actually being spent for special needs.                                        
                                                                               
CHAIRMAN BUNDE confirmed that IEPs are a federal requirement so                
there is a procedure for auditing in the special education area.               
                                                                               
MR. JEANS added the individuals who actually do the field audits               
are paid with federal funds.                                                   
                                                                               
Number 0704                                                                    
                                                                               
CHAIRMAN BUNDE reflected the concern that special education                    
students might be victimized probably is not as well founded as                
that monies for vocational education and gifted/talented students              
might be usurped because there is no auditing procedure for those              
two categories.                                                                
                                                                               
MR. JEANS pointed out that gifted/talented students also have IEPs.            
                                                                               
CHAIRMAN BUNDE said he would like to discuss the area cost                     
differential study and asked Mr. Jeans for his comments.                       
                                                                               
MR. JEANS said he wanted everyone to understand that the area cost             
differential study or "The Alaska School Operating Cost Study", is             
not the cost differential study the department anticipated                     
receiving.  The department was expecting a new list of area cost               
differentials, either assigned at a funding community level or a               
school district level.  It is the department's opinion that the                
report represents another formula proposal.  He explained the                  
report deals strictly with inputs based on school size; i.e., how              
many teachers, counselors, librarians, are needed based on school              
size.  The report goes on to state there should be an area cost                
differential for nonpersonnel.  So, basically the report is saying             
the money needs to be split into two pots; one for instruction                 
which would be allocated strictly based on school size, and second             
would be a pot of money that would be distributed based on the                 
nonpersonnel index created in the study.  The study does not deal              
with any of the categorical funding issues, which Mr. McDowell                 
pointed out, but it needs to be addressed in any proposal that                 
attempts to adopt the recommendations from this study.  The study              
also does not deal with what Mr. Jeans refers to as the back end of            
the formula; i.e., what are the adjustments that will be made to               
arrive at state aid.  Will there be a formula requiring local                  
contributions?  Will impact aid be considered in the formula?  Will            
the Rural Education Attendance Areas (REAAs) be taxed?  It leaves              
all the questions unanswered that need to be addressed to arrive at            
state aid.  This report dealt strictly with school size and                    
nonpersonnel costs.  He said he wouldn't address the district                  
administrative portion of the study because the McDowell Group                 
indicated the variances were so huge, they couldn't justify them.              
So, in the department's opinion they're really not valid.                      
                                                                               
Number 0910                                                                    
                                                                               
CHAIRMAN BUNDE asked if Mr. Jeans was implying the study wouldn't              
be accepted.                                                                   
                                                                               
MR. JEANS responded he wasn't saying the study wouldn't be                     
accepted; the study has some good pieces in it.  But he wanted to              
point out that it fell short of providing the one list of                      
differentials the department was anticipating.  The study really               
gives the legislature another funding proposal for the foundation              
program without all the pieces.                                                
                                                                               
Number 0945                                                                    
                                                                               
CHAIRMAN BUNDE asked if the committee would be able to get the                 
department's perspective on what the missing pieces are and, based             
on the information from the area cost differential, a spreadsheet              
showing what the impacts would be on various schools statewide.                
                                                                               
MR. JEANS responded the department can't determine what the impacts            
on the schools statewide will be until the adjustments are                     
determined; e.g., will there be an adjustment for special                      
education, whether there will be a deduct for required local effort            
and at what level, will impact aid be considered in the formula,               
whether or not there will a tax on the REAAs.                                  
                                                                               
Number 1004                                                                    
                                                                               
REPRESENTATIVE PORTER said, "Maybe I misunderstood the intent of               
that study, but I thought it was a study to look at if all things              
were equal, what things aren't equal - if that makes sense - not               
all the other factors that you've brought in, but just in terms of             
a cost to provide the service, what things should be higher in one             
area and lower in another area of fixed costs, not the varying                 
kinds of revenue sources.  And I thought -- I mean, they had their             
own point of view on it and I don't know if I agree with it or not,            
but I thought from their point of view that's what they provided.              
Then it would be up to us to throw in the other considerations that            
obviously you have to have before you come down to what's the                  
bottom line, here.  But the study, I thought, was just an attempt              
to see if it should cost more money in Kake than in Egegik."                   
                                                                               
REPRESENTATIVE VEZEY recalled the McDowell Group addressed the                 
instructional and nonpersonnel units at the presentation, but                  
didn't get to the administration unit.  He was under the impression            
there was going to be another presentation by the McDowell Group at            
which time the administration unit would be addressed.                         
                                                                               
CHAIRMAN BUNDE indicated there would be another presentation but               
they were unavailable to attend this committee hearing.  He pointed            
out the McDowell Group's contention was that cost of instruction,              
cost per teacher, was the same statewide.  Recently, the committee             
received information from the North Slope Borough that cost of                 
instruction is 30 percent higher in the North Slope School                     
District.                                                                      
                                                                               
MR. JEANS said he was unable to respond to the information reported            
to the committee by Northwest Arctic School District, but the                  
McDowell Group's study did indicate there wasn't much difference in            
average teacher salary because teachers in rural Alaska spend three            
to five years and then leave, while teachers in urban areas tend to            
stay longer.                                                                   
                                                                               
Number 1210                                                                    
                                                                               
REPRESENTATIVE KEMPLEN referred to the allocation on a per student             
basis, and asked Mr. Jeans to explain what adjustments would be                
made for districts that have a higher number of students with                  
challenges and/or obstacles; e.g., broken families, harsh                      
environment, et cetera.                                                        
                                                                               
MR. JEANS stated in SSHB 148, that adjustment is included in the               
special needs adjustment - the 20 percent allocation.  There would             
no longer be a requirement of school districts to identify students            
with special needs for the purpose of generating funding.                      
                                                                               
CHAIRMAN BUNDE reiterated the genesis of this formula was the work             
completed by the State Board of Education who represented probably             
a number of areas referred to by Representative Kemplen.  There are            
no areas nationwide that he is aware of that have moved from per               
pupil to per unit, but there are areas that have moved from per                
unit to per pupil and the preponderance of the districts nationwide            
found the per pupil unit a more equitable way of distributing                  
money.                                                                         
                                                                               
Number 1407                                                                    
                                                                               
CHAIRMAN BUNDE indicated that HB 148 would be brought before the               
committee at another time,  and it was his intention to have the               
area cost differential addressed in the Finance Committee.                     
                                                                               
REPRESENTATIVE VEZEY asked where the minimum size for schools was              
addressed in SSHB 148.                                                         
                                                                               
MR. JEANS replied the average daily membership is on page 5.  He               
noted the minimum average daily membership is set at ten.                      
                                                                               
CHAIRMAN BUNDE noted that all the iterations of the formula are a              
minimum size of ten, except for the Governor's bills which are set             
at eight.  He reminded committee members that SSHB 148 would be                
brought before the committee at another meeting.                               

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