Legislature(1997 - 1998)

02/24/1998 03:08 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 351 - ACADEMIC PERFORM/ACCREDITATION/STATE AID                              
                                                                               
Number 0261                                                                    
                                                                               
CHAIRMAN BUNDE reconvened the House Health, Education and Social               
Services Standing Committee at 3:39 p.m.  He announced the                     
committee would next consider HB 351, "An Act relating to academic             
performance and accreditation of public schools; relating to state             
aid to school districts and regional educational attendance areas;             
and providing for an effective date."  He noted there were a number            
of sites on teleconference for listen-only.  He asked Commissioner             
Holloway to present HB 351.                                                    
                                                                               
Number 0302                                                                    
                                                                               
SHIRLEY J. HOLLOWAY, Ph.D., Commissioner, Department of Education,             
read the following excerpt from the transmittal letter for HB 351:             
"We have the responsibility to ensure every child in the state                 
receives the educational opportunities to succeed.  When our                   
children can read, write and compute they not only are better able             
to enter the work force, but they can become full participants in              
tomorrow's society.  On the other hand, children not meeting                   
success in our schools are far more likely to fail in other ways,              
contributing to future costs to the public.                                    
                                                                               
"Meeting this responsibility requires providing schools appropriate            
funding and support while holding them accountable for student                 
performance."                                                                  
                                                                               
Number 0372                                                                    
                                                                               
COMMISSIONER HOLLOWAY referred to page 1 of the booklet entitled,              
"Quality Schools & Foundation Formula" and said the purpose of this            
legislation is three-fold:  First, to raise the bar for each                   
Alaskan student in reading, writing, and mathematics; second is to             
provide the school the financial and technical assistance to ensure            
each student can meet these higher expectations; and third, to hold            
schools and communities accountable.                                           
                                                                               
Number 0417                                                                    
                                                                               
COMMISSIONER HOLLOWAY said she would be discussing the elements of             
HB 351 and Richard Cross, Deputy Commissioner, would discuss the               
funding.  She stated this legislation would mandate performance                
standards in reading, writing and math which the Department of                 
Education (DOE) views as important because of legislation passed               
last year relating to qualifying examinations for high school                  
students based on reading, writing and math standards. As it                   
currently stands, those standards are voluntary so ensuring that               
every child throughout K-12 has the opportunity to gain those                  
skills is important.                                                           
                                                                               
Number 0461                                                                    
                                                                               
COMMISSIONER HOLLOWAY stated the second component is to implement              
the comprehensive assessment system.  There's a qualifying exam at             
the high school level, but a comprehensive assessment system is                
really needed that starts early on in a child's educational life to            
ensure students meet the standards.  The third part of the                     
legislation would change the department's  report card from school             
district to individual schools.  The focus of the change in all the            
literature on school improvement is the school.  Generally,                    
districts don't change but schools change with a lot of community              
support and involvement.  It is the department's belief that by                
focusing on individual schools, the community and family                       
involvement will help promote the needed changes in public                     
education in Alaska.  It is important for the department to report             
back to the community on how well the students are meeting the                 
standards.  The department proposes to keep the California                     
Achievement Test in place, and in addition have a comprehensive                
assessment that's based on the standards.                                      
                                                                               
Number 0579                                                                    
                                                                               
COMMISSIONER HOLLOWAY further stated the next element of the                   
legislation is the department will designate schools beginning in              
August 2002.  She said, "We are proposing that in order to hold                
schools accountable for student learning, that in the year 2002,               
which is by the way the graduating class that will have to meet the            
qualifying exam here, that with a formula looking at multiple                  
student measures, which include student achievement data,                      
absenteeism, dropout and transient rates, that we would give each              
school in this state a designation and that designation would be               
either distinguished, successful, deficient or in crisis."  Schools            
that receive the two higher designations of distinguished or                   
successful, would be granted state accreditation.  She noted the               
department is working with Northwest Accrediting Body, so it would             
be a joint accreditation.  Schools receiving a designation of                  
deficient or in crisis would have two years to begin turning that              
around.  This legislation recommends that the quality school                   
standards would be the core of that school improvement and that                
accreditation process.  The department is also proposing to put                
together school improvement teams of practitioners - distinguished             
educators, school board members, parents, business people - to help            
turn schools around.  She directed the committee's attention to the            
"Maintains Local Control" portion at the bottom of the page and                
said, "In working this bill through with many constituent groups,              
a lot of our folks felt it was very important that although they               
may be designated in those lower categories and be given two years             
that they ought to have the opportunity to invite the state in for             
help, but that it was still -- it was their choice where they got              
that help and during those first two years it would be only by                 
invitation, and so we would maintain that local control."                      
                                                                               
Number 0757                                                                    
                                                                               
REPRESENTATIVE GREEN asked what happens if, after two years, a                 
school is still deficient or in crisis.                                        
                                                                               
COMMISSIONER HOLLOWAY responded through this legislation, the State            
Board of Education, would be charged with the responsibility of                
developing a series of measures that could be used for schools                 
still deficient after two years.  The bottom line is the                       
commissioner, in consultation with parents and the community, would            
manage a school's fiscal and/or academic affairs, or implement                 
other emergency measures. The department envisions a lot of                    
progressive measures prior to that action.  It is the department's             
position that if schools and communities started today to identify             
the level at which students should be in reading, writing and math,            
in addition to ensuring that time, energy and funds were focused on            
that effort, there should be very few schools in the year 2002 in              
the lower two categories.  This legislation holds schools and                  
communities responsible.  For example, a high dropout rate or                  
absenteeism rate isn't necessarily in the control of the school,               
but it's a community problem.                                                  
                                                                               
Number 0896                                                                    
                                                                               
COMMISSIONER HOLLOWAY referred to the standards and said she has               
heard comments like, "Gee, the department only cares about reading,            
writing and math."  The department cares about all of the                      
standards, but it is important for children to have the basic                  
skills early on in school years, in order to take advantage of the             
opportunities for the other learning.  She has also heard criticism            
about restricting the ability to teach the local language, culture             
and tradition.  She contends that many of the basic skills can be              
taught through that rich cultural context, and in fact, can be                 
taught through another language other than English and then                    
transitioned into English.                                                     
                                                                               
Number 0947                                                                    
                                                                               
COMMISSIONER HOLLOWAY concluded that the quality pieces of this                
legislation are absolutely essential in order to continue on the               
trail of improving public education in Alaska.  She introduced                 
Richard Cross, Deputy Commissioner, to discuss the foundation                  
formula portion of the legislation.                                            
                                                                               
Number 0961                                                                    
                                                                               
RICHARD CROSS, Deputy Commissioner, Department of Education, said              
the foundation mechanism in HB 351 is a modification of the                    
existing foundation formula.  It is not a radical rewrite or                   
extreme departure from the current formula.  House Bill 351 uses a             
1994 special education task force funding study to allocate special            
education funds on a percentage of students enrolled at 14 percent             
and 4 percent for gifted/talented students on a percentage of total            
students.  It continues to identify students who require extensive             
services.  The reason for that is because students requiring these             
services are not evenly distributed across the state and the cost              
associated with the programs are extremely high.  This reduces                 
labeling of students for funding as well as simplifying the                    
formula.  Bilingual and bicultural students would continue to be               
counted based on the theory that their distribution across the                 
                                                                               
districts is not necessarily uniform and it will continue to count             
vocational students in vocational programs.                                    
                                                                               
MR. CROSS continued that HB 351 incorporates the single site table,            
referred to as additional district support in the budget, into the             
foundation formula.  This is a level of funding that's been                    
(indisc.) for quite a few years now and the department believes it             
is appropriate to incorporate it in the formula, not only for the              
purposes of simplicity, but to get it into the amount of dollars               
that are considered in the federal disparity test.                             
                                                                               
MR. CROSS said that HB 351 equalizes district correspondence                   
funding.  There has been a significant increase in the number of               
district-operated correspondence programs that serve students                  
outside the district.                                                          
                                                                               
Number 1101                                                                    
                                                                               
CHAIRMAN BUNDE asked Mr. Cross to explain the situation in Galena              
relating to correspondence programs.                                           
                                                                               
MR. CROSS responded the department has seen an exponential increase            
in the number of students enrolled in correspondence programs who              
are not residents of the district in which the correspondence                  
program is being offered.  The most significant is in the Galena               
district where over 1,000 students are enrolled, but there are                 
significant numbers in Copper River, Nenana, and the Chugiak                   
district in Anchorage, as well.                                                
                                                                               
CHAIRMAN BUNDE asked Mr. Cross how students in Kenai were                      
encouraged to enroll for the Galena correspondence program and what            
the payoff is for Galena.                                                      
                                                                               
MR. CROSS said that Galena advertised their correspondence program             
and convinced parents the program would be of high quality and a               
number of parents enrolled their children.  There were a lot of                
rumors about the marketing ploys; the department took those rumors             
seriously enough to conduct telephone interviews with about 300                
families in the Galena program.  The department found that parents             
were extremely serious about their child's education, were well                
aware of the program, had received materials concerning the program            
and had their children actively engaged in education.  He said the             
department's issue is not with the legitimacy of these programs or             
whether the programs should be offered, but the concern is that                
under the current formula districts are overly compensated for                 
those students.                                                                
                                                                               
Number 1201                                                                    
                                                                               
CHAIRMAN BUNDE explained that districts enroll children as                     
correspondence students who can be educated at a fairly economical             
rate and then the district charges the state for the full                      
allotment.                                                                     
                                                                               
MR. CROSS stated, "The current formula treats a correspondence                 
student - counts them as any other student in the largest funding              
community in that district and so even though the cost associated              
with those programs are generally smaller than the costs of in-                
school programs, they get the same amount."                                    
                                                                               
CHAIRMAN BUNDE asked if the Glennallen district hadn't offered                 
computers as a bonus to students signing up for the correspondence             
program in their district.                                                     
                                                                               
MR. CROSS said that a number of districts had made a similar                   
offering.                                                                      
                                                                               
Number 1259                                                                    
                                                                               
REPRESENTATIVE FRED DYSON observed that it was a distance education            
program in which computers certainly played a part.  He has been               
informed that most of the parents in the Galena program are happy              
and has given parents an alternative for supplying the educational             
needs of their children.  Admittedly, the Galena School District               
does make out financially, but he understood the district had                  
volunteered to give up the cost differential and had asked to be               
reimbursed at 1.0, not the premium rate of reimbursement for                   
resident students.                                                             
                                                                               
MR. CROSS remarked the Galena district was advised the department              
didn't want to use an area cost differential of 1.3 and a                      
differential of 1.0 had been applied to that district's program.               
                                                                               
CHAIRMAN BUNDE said he was not implying the Galena district was                
doing anything illegal; they're using the current system                       
creatively.                                                                    
                                                                               
MR. CROSS pointed out that HB 351 addresses the Galena issue by                
amending the school size table so a school would not continue to               
operate with less than eight students.  Currently, a funding                   
community with eight students can petition the commissioner and get            
a school. There is no provision in the law that addresses when that            
number reaches seven, six or less.  House Bill 351 allows districts            
one year of funding when a school falls below eight students.  The             
community would still be able to operate the school, but the                   
community wouldn't get the "front end load that a funding community            
gives you for it."                                                             
                                                                               
MR. CROSS said HB 351 provides new money to districts and provides             
a means for annually increasing the foundation formula to meet the             
increasing needs of districts.  He directed the committee's                    
attention to the spreadsheet developed for HB 351.  He said, "We've            
been a little unkind to you here in that people usually like to see            
the bottom line in the far right-hand column and actually the                  
bottom line is the second to right-hand column which -- and what               
that teaches you is how much additional state aid a district would             
get from this bill as they would get from the current foundation               
formula.  And you can see that it ranges from 0 in the cases of a              
few districts, which I will explain, to $6,166,419 for the                     
Anchorage School District.  The districts that receive 0 are those             
districts who are impacted by the controls that we've put in this              
bill; in other words, the changes to gifted/talented funding, the              
changes to resources self-contained funding or the changes to                  
correspondence funding.  And the reason they need hold harmless is             
they deviated so far from the norm in the current scenario that                
they didn't get any additional funding from the way the formula                
worked, so that we had to provide them with hold harmless.  And                
you'll see in each case in the second to last column, when a                   
district has a 0, you'll see there's some hold harmless amount                 
that's required to keep them from falling below 0. I think with the            
hold harmless, the number I'd like to point out is the bottom line             
number - the amount of money it takes to hold all districts                    
harmless in this bill is a quarter of a million dollars."                      
                                                                               
Number 1475                                                                    
                                                                               
CHAIRMAN BUNDE asked if the hold harmless cost was a one year cost             
or ongoing.                                                                    
                                                                               
MR. CROSS said the hold harmless is applied in the first year.                 
With the increase that's built into it, it wouldn't be necessary by            
the second year.                                                               
                                                                               
CHAIRMAN BUNDE inquired how much money would have to be placed into            
the foundation formula to make HB 351 work.                                    
                                                                               
MR. CROSS replied the fiscal note for the foundation portion of                
HB 351 is $24.1 million.                                                       
                                                                               
CHAIRMAN BUNDE asked if that would be $24 million each year?                   
                                                                               
MR. CROSS responded that once the $24 million is paid, it would                
continue and then there are increased costs each year with the                 
increase for the instruction unit.                                             
                                                                               
                                                                               
CHAIRMAN BUNDE verified that it would be $24 million this year and             
$24 million plus next year.                                                    
                                                                               
MR. CROSS interjected, "Plus 1 percent of the value of the unit."              
                                                                               
Number 1587                                                                    
                                                                               
REPRESENTATIVE DYSON referred to page 5, section (h) of HB 351, and            
asked if Commissioner Holloway was convinced she had the legal                 
authority to take control of a school.                                         
                                                                               
COMMISSIONER HOLLOWAY indicated the department had been working                
with the Office of the Attorney General on this particular section.            
Based on the wording, the Office of the Attorney General believes              
the department has the ability to go in and work with a community              
and the staff, manage the school's fiscal and academic affairs in              
cooperation with the community.                                                
                                                                               
REPRESENTATIVE DYSON inquired who owns the title to the real                   
estate.                                                                        
                                                                               
COMMISSIONER HOLLOWAY understood that in terms of real estate, it              
would depend on whether it's a Rural Education Attendance Area                 
(REAA), a borough, or a city; it would differ based on the kind of             
school district.                                                               
                                                                               
REPRESENTATIVE DYSON asked under which of those classifications                
does the state hold title to the real estate.                                  
                                                                               
COMMISSIONER HOLLOWAY understood it would be the REAAs.                        
                                                                               
Number 1665                                                                    
                                                                               
REPRESENTATIVE DYSON asked if he was correct in assuming that under            
the Alaska State Constitution, the state component of the                      
foundation formula funding could not be withheld based solely on               
what is perceived to be unacceptable performance.                              
                                                                               
COMMISSIONER HOLLOWAY deferred that question to Mr. Cross but noted            
it has been the department's position that withholding funding will            
not necessarily bring about the desired results.                               
                                                                               
REPRESENTATIVE DYSON commented that he was not convinced the                   
commissioner had the right to hold back funds or go in and seize               
control.                                                                       
                                                                               
COMMISSIONER HOLLOWAY pointed out there are 24 states that have                
academic bankruptcy laws, which are different in each state, but in            
some states that has been challenged.                                          
                                                                               
REPRESENTATIVE DYSON said in states that he's familiar with, it has            
been a court action whereby the court has seized control.  It was              
his understanding that would be a more legal way to proceed, rather            
than the department seizing control.                                           
                                                                               
Number 1749                                                                    
                                                                               
CHAIRMAN BUNDE asked, speaking from a practical aspect, does the               
department really have the funds to take over a school that has                
failed all the criteria and continues to fail?                                 
                                                                               
COMMISSIONER HOLLOWAY pointed out there is a $3.6 million fiscal               
note, beyond the foundation formula fiscal note, for the assessment            
portion.  The department has asked for $900,000 in the FY 99 budget            
to begin a process of building school improvement teams.  She                  
emphasized the importance of being responsive today to schools that            
really do want to turn around and currently, there are limited                 
funds to do that.  She pointed out the Teaching/Learning Support               
Division, which is the only division that supports K-12 education,             
is down to $5 million of general fund monies and $2.5 million of               
that is pass-through grants.  Over $12 million in that division has            
been lost in the last 10 years.  When Alaska is compared to other              
states trying to support school reform, Alaska has a pittance.                 
Without additional funding, the department will not be able to                 
provide the quality support and technical assistance to the schools            
to turn around.                                                                
                                                                               
Number 1825                                                                    
                                                                               
CHAIRMAN BUNDE understood that it costs money to do business.  He              
asked if the department had research that indicates a direct                   
relationship between the amount of money spent and success in the              
classroom.                                                                     
                                                                               
COMMISSIONER HOLLOWAY said she didn't have research that would show            
a direct correlation; however, there is a basic level that's                   
needed.  She noted that Education Week had indicated Alaska had a              
25 percent gap due to inflation and as a result schools are                    
struggling.  There was no doubt in her mind that school districts              
are not being sufficiently reimbursed to do the job.                           
                                                                               
Number 1882                                                                    
                                                                               
REPRESENTATIVE PORTER asked if the $3.6 million for accountability             
and accreditation section was an annual cost.                                  
                                                                               
COMMISSIONER HOLLOWAY said it was.  In the first year, the majority            
of it would be to build the K-12 assessments based on the                      
standards, and thereafter, that level of funding would be needed               
for the actual implementation, scoring, et cetera.  She said,                  
"Also, we would hope that we would not expect school districts to              
add another level of assessment without funding it, so it either               
needs to be funded through the foundation formula or it needs to be            
funded through the department so that we are paying for the expense            
of administering the tests."                                                   
                                                                               
REPRESENTATIVE PORTER was under the impression it was the eventual             
goal to incorporate this into the normal curriculum and assessment             
that's currently being paid for, so there wouldn't be two or three             
levels.                                                                        
                                                                               
COMMISSIONER HOLLOWAY said that is the goal, but it's going to take            
awhile to get there.  It will require additional monies for                    
professional development, because it's a different education system            
from the current one.                                                          
                                                                               
CHAIRMAN BUNDE said, "Last year or two years ago, while we had                 
looked at a school improvement program from the Governor and it                
chose to go to a per unit [student] foundation formula, as many                
other states have chosen, and I think it limited funding to ten                
students or less.  Now, this proposal goes back to the per unit and            
back to the current eight student minimum.  It seems as a step                 
backwards.  Am I incorrect in that?"                                           
                                                                               
MR. CROSS responded, "We don't believe it's a step backwards.  We              
don't argue that a per student allocation is a method of                       
distributing money that's easily understood by the public and if it            
could be accomplished, you know, in a way that met the other                   
ingredients that are people who are trying to do it -- and that is             
simplicity -- we'd probably recommend it as a way to go.  The facts            
are, as we worked through our previous bill, we found that we were             
trying to do so many things in that bill that we were unable to                
predict the outcome or the result of what would happen when we did             
runs on that bill.  And we frankly, because we are asking for a                
good deal in the front part of this bill - in the quality part of              
this bill - elected to go with a much simpler approach.  I believe             
we will see that formulas that use a per student allocation and                
what we're talking about there, is an adjusted per student                     
allocation, will certainly not be simple and they wouldn't be any              
easier for the public to understand than an instructional unit."               
                                                                               
Number 2015                                                                    
                                                                               
REPRESENTATIVE KEMPLEN pointed out that last year the permanent                
fund deposited over $800 million of undistributed earnings into the            
corpus of the permanent fund at the direction of the legislature.              
This year, the projection is at least $982 million of undistributed            
earnings.  Currently, there is legislation in the Senate proposing             
to again deposit the undistributed earnings into the corpus of the             
fund.  Inasmuch as the permanent fund was to be used for public                
services when it was originally created, he wondered if                        
Commissioner Holloway in her travels around the state, had heard               
many suggestions that it may be time to consider using the                     
undistributed earnings for education instead of depositing it into             
the corpus.                                                                    
                                                                               
COMMISSIONER HOLLOWAY said as she travels around the state,                    
everyone has an opinion of how education should be funded. The                 
education coalition had a lot of dialogue with the public while                
collecting signatures to place the endowment issue on the ballot,              
and found there was a lot of support to look at alternative methods            
of funding education.  She maintained there are probably more                  
people today interested in pursuing alternative funding for                    
education than ten years ago.                                                  
                                                                               
Number 2119                                                                    
                                                                               
REPRESENTATIVE DYSON referred to Section 12 and said he understood             
there was a public school "double dipping" situation where a part              
time student attends a school for four hours and that school gets              
the full time equivalent in the foundation formula.  The same                  
student is enrolled in the correspondence program, and the school              
gets 65 percent of the formula.  That student is being counted for             
165 percent of the equivalent of a student and the state is paying             
that amount.  He asked if Section 12 was intended to eliminate that            
"double dipping" problem.                                                      
                                                                               
MR. CROSS responded that Section 12 is an attempt to look at it.               
He explained it is extremely difficult to tell if the situation                
referred to was occurring with the current system of counting and              
reporting students.  There are no individual student identifiers               
for each student that's counted and until the department has those             
identifiers, the possibility of duplicative counting will not be               
eliminated.  While the expanding options for charter schools,                  
correspondence schools, home schooling, and part time enrollment in            
schools, is a good thing, it does create some technical problems in            
terms of making sure the counts are accurate.                                  
                                                                               
CHAIRMAN BUNDE thanked Commissioner Holloway and Mr. Cross for                 
their testimony.  He called Joe Cladouhos forward to present his               
comments.                                                                      
                                                                               
Number 2265                                                                    
                                                                               
JOE CLADOUHOS, Member, Juneau School Board, was testifying on                  
behalf of the Juneau School District, Juneau School Board, and the             
school administration.  He expressed support for many elements of              
HB 351 because it provides more funding, would help implement                  
standards and assessments, provides remediation for students who               
won't initially meet the standards, and would reduce class size.               
The recent McDowell Study indicated the Juneau School District is              
the most efficient school in the state.  The district's                        
administrative costs are low and K-12 education is provided for the            
lowest average of dollars per student.  The district is proud of               
that and proud of the fact the assembly supports the district to               
the maximum allowed by the cap each year.  This year it will cost              
another additional million dollars for the City and Borough of                 
Juneau taxpayers and another million dollars less for the state of             
Alaska.  The district is not proud of having to cut dozens of                  
teachers over the past ten years, reduce many specialists from full            
time to part time, reduce the annual text book purchasing from                 
$350,000 per year to $50,000 this year and reduce library book                 
building allowances.  Two years ago in teacher contract                        
negotiations, the incoming teacher salary schedule was reduced by              
5 percent, froze step and column increases, capped health care                 
costs and capped in-coming teacher experience credits into the                 
teacher's retirement system.  The bottom line is the Juneau School             
District needs more money and will be accountable for every dollar.            
                                                                               
TAPE 98-12, SIDE B                                                             
Number 0001                                                                    
                                                                               
MR. CLADOUHOS continued ... school board implemented a math test               
for sophomore students to prove they knew algebra and geometry by              
the tenth grade.  The board was looking forward to implementing the            
high school exit exam, implementing standards and assessments of               
core concepts for every grade and reducing class sizes in every                
grade.  But now the district is stymied; costs are increasing,                 
expectations are increasing and money is not.                                  
                                                                               
Number 0020                                                                    
                                                                               
CHAIRMAN BUNDE extended his congratulation on the Juneau School                
District being the most efficient district in the state.  He called            
on Carl Rose to present his testimony.                                         
                                                                               
Number 0029                                                                    
                                                                               
CARL ROSE, Executive Director, Association of Alaska School Boards,            
offered qualified support for HB 351.  He uses "qualified" because             
it asks for things that he in part agrees with - the quality                   
initiatives; however, in the absence of the dollars appropriated to            
implement these initiatives, he believes it will result in disaster            
if school districts are requested to do the quality initiative                 
requirements of this bill without additional funding.  The                     
membership of the Alaska School Board Association feels they will              
be set up with high expectations and not have the ability to meet              
the requirements.  With reference to the instructional unit issue,             
he said it can be understood and with appropriate factoring he                 
believed a per pupil appropriation could be used.  The issue of                
area cost differentials has been used in the past, it has been                 
discussed, and in terms of simplicity, he didn't know how the needs            
of a state as diverse as Alaska could be addressed and still be                
made simple.  He said the hold harmless provision is so critical to            
school districts that have been extended beyond their limits for               
the past ten years.                                                            
                                                                               
MR. ROSE said the Association of Alaska School Boards is concerned             
about the principal nature of how the future is addressed.  Does               
the state of Alaska have a principal centered mission that places              
quality and kids first?   He said, "I don't think that many of the             
things we do express that.  I think we say one thing and we do                 
something else."  He cited examples of some of the state and                   
federal mandates placed on schools:  The Americans with                        
Disabilities Act, the Family Medical Leave Act, Individuals With               
Disabilities Education Act, and many others.   He noted that school            
districts are required to provide insurance and without a deferred             
maintenance program, the risk of loss to the facilities increases.             
The bottom line is on the school district.  He continued, "Now,                
I'll explain about these mandates.  We looked at the policy                    
implications on school districts.  You've heard about some of the              
cuts that have taken place - they're happening across the state -              
the administrative workload that's required to meet the compliance             
of not just these mandates but so many more that we have on the                
books is considerable, so when you talk about administrative costs,            
you're talking compliance.  When we identify the categorical                   
funding that's provided to meet these requirements, they're                    
normally inadequate or nonexistent.  So, where does the money come             
from?  It comes from 01 funding, it comes from regular instruction             
- the money that you give us to teach reading, writing and                     
mathematics."                                                                  
                                                                               
MR. ROSE stated the issue of results based government is all about             
mission, results and cost.  What is the mission?  He said, "We                 
apparently are going to be graded on how kids perform in                       
mathematics and language arts.  But when you look at the mandates              
that we're under - and they are considerable - it mandates us to               
spend our money in a different direction.  So if our mission is                
pointed north, but the requirements require us to go west, we're               
not making the progress that I think you want to see."                         
                                                                               
MR. ROSE reiterated his willingness to work in partnership with the            
legislature to accomplish the task at hand.  He had been asked if              
he could identify the mandates to be eliminated.  The answer is no,            
because these are policy issues that need to be addressed by the               
legislature.   He concluded the association supports HB 351 in the             
concept that it is new money; there are some concerns about how it             
might be implemented, but he thought those could be worked through.            
He pointed out there are a number of bills before the legislature,             
but he urged legislators to consider quality and kids first.                   
                                                                               
CHAIRMAN BUNDE thanked Mr. Rose for his comments and asked Mr.                 
McPhetres to testify.                                                          
                                                                               
Number 0273                                                                    
                                                                               
STEPHEN McPHETRES, Executive Director, Alaska Council of School                
Administrators, testified in support of HB 351 with the proviso                
that it stays together as one piece and does not get divided.  He              
recognized that it is a risk to come forward and support increased             
funding for schools, but the funding is needed desperately enough              
to take the risk and step forward and say, "We will be as                      
accountable as necessary in order to get the additional funds."  In            
terms of the quality schools information, a new accreditation                  
standard and new accreditation process is being looked at.  For                
decades, schools have been under the Northwest Association which               
has been an expensive process and going to a different                         
accreditation system probably won't be any different.  He                      
commented, "So if we look about accountability and we look about               
accreditation, we look into dealing with schools in crisis, it is              
going to take additional dollars to help bring it up."                         
                                                                               
MR. McPHETRES said it is imperative for the Department of Education            
to have financial assistance in order to make this happen.  The                
department cannot be effective if a piece of legislation goes                  
through with the accountability that does not give them the tools              
to be able to follow through with supervision, assessment and                  
evaluation.                                                                    
                                                                               
MR. McPHETRES pointed out that last fall a group of associations               
designed a survey that was sent to elected officials and                       
municipalities across the state.  He said the results were very                
interesting and HB 351 speaks to the results of that survey better             
than any other piece of legislation that's been introduced to date.            
He urged committee members to review the results and the comments              
                                                                               
by local officials regarding the funding of schools in the document            
provided by the Alaska Municipal League.                                       
                                                                               
MR. McPHETRES referred to Representative Kemplen's earlier question            
regarding funding, and said he would like to see legislation                   
introduced by a majority member that would put the interest                    
earnings reserve account monies into the constitutional budget                 
reserve fund where it would be available to take care of school                
funding and deferred maintenance, and there would still be money               
left over for future years.                                                    
                                                                               
CHAIRMAN BUNDE asked John Cyr to come forward and present his                  
comments.                                                                      
                                                                               
Number 0418                                                                    
                                                                               
JOHN CYR, President, NEA-Alaska, testified that NEA-Alaska supports            
many of the provisions of HB 351 providing the bill is not broken              
apart and the mandates are not put on school districts and/or                  
teachers without the money to support them.                                    
                                                                               
MR. CYR said NEA-Alaska supports HB 351 because of their belief                
that it improves schools, increases school funding in both the                 
short and long term, it will fund single site schools, and it                  
improves funding for centralized correspondence.  The NEA-Alaska               
supports the reporting requirements specified in Sections 2-4.  He             
explained that research and valid data should drive the decision               
making in all schools, and suggests that other reporting                       
requirements be added such as strategies used by school districts              
to reduce truancy, that curriculum offered students in grades 9 -              
12 be reported, and a detailed budgeted and actual expenditure of              
salaries, maintenance, operation and debt service should be                    
reported on a standard document so comparisons can be made district            
by district.  The NEA-Alaska maintains that Section 5 is a step in             
the right direction by providing the system of state accreditation             
to all public schools.  Even though NEA-Alaska does support greater            
clarification of the standards to be used to accredit schools, they            
support the concept of identifying schools that are deficient or in            
crisis.  Mr. Cyr expressed support for the additional resources and            
technical assistance so that all schools can in fact become                    
distinguished or successful.                                                   
                                                                               
Number 0533                                                                    
                                                                               
MR. CYR said that NEA-Alaska proposes that new language be added to            
provide for school employee professional development so that                   
emphasis can be placed on on-going support and technical assistance            
for school employees.  He said the commissioner was right; it isn't            
districts that improve, it's schools and individual classrooms and             
those people in the trenches of educating children  must have the              
tools to get better at what they do.  In terms of school                       
improvement plans, NEA-Alaska recommends that academic mentoring               
teams be identified and utilized to provide teachers and support               
staff a direct opportunity to provide change concerning curriculum,            
instruction, assistance to teachers and school employees and                   
initiate strategies for specific child centered instructional                  
practices.  He emphasized that the people in the field working with            
the children must be given the chance to change the way they do                
business, and HB 351 is a vehicle to do that.                                  
                                                                               
MR. CYR continued that NEA-Alaska supports allocation of aid to                
students on a structural unit basis versus per child.  In addition,            
they support adding an adjustment for single site school districts;            
but do not support the artificial percentage of special education              
student funding.  If there is a concern that districts are over                
identifying too many gifted/talented children or too many special              
education children, he suggested that some type of universal                   
criteria be looked at so that a gifted/talented student in district            
A is the same as it is in district B and there needs to be some                
kind of oversight on the reporting.  Those students who have                   
problems need to be served and funding needs to be there and the               
gifted and talented students truly need to be served and they need             
funding.  Districts should not be penalized because they have more             
or less students in those categories than other districts.                     
                                                                               
MR. CYR said that NEA-Alaska supports the increased assistance for             
centralized correspondence study as specified in Section 8, as well            
as the increase in the instructional unit along with the slight                
increase proposed each year thereafter.                                        
                                                                               
MR. CYR pointed out the Mat-Su School District is looking at                   
cutting 36 classroom teachers for next year; that's with funding at            
the cap.  That district cannot afford to lose 36 teachers.  He                 
stressed the necessity for something to be done at the legislative             
level to further fund education.                                               
                                                                               
MR. CYR concluded that NEA-Alaska has changed.  One-third of the               
staff works specifically on educational excellence; not just                   
contract negotiations, but making schools better.  A health trust              
has been put in place and insures over 5,000 members across the                
state to hold health costs down.  The NEA-Alaska is doing all it               
can to help the districts keep costs in line, now it's the                     
legislature's turn.                                                            
                                                                               
CHAIRMAN BUNDE thanked Mr. Cyr for his comments and asked Mr.                  
Burrows to present his testimony.                                              
                                                                               
Number 0728                                                                    
                                                                               
BILL BURROWS, President, Fairbanks Board of Education, said he                 
didn't come before the committee to necessarily endorse or support             
a particular bill, but rather give some anecdotal evidence for the             
need for immediate relief and explain the situation in Fairbanks.              
The Fairbanks School District is being hit hard because of the way             
the formula works currently, specifically with the aspect of how               
the assessed value increase impacts the money Fairbanks gets from              
the state.  As the assessed value of the Fairbanks Borough goes up             
with respect to both real and personal property, the state funding             
decreases.  Two years ago, that amount was $750,000, last year it              
was $900,000, and this year it's $2.3 million.  That's money that              
has to be requested from the borough.  In addition, the Fairbanks              
School District has increased enrollment.  The budget currently                
being reviewed by the board requests 15 additional teachers, which             
will have to be funded by the Fairbanks Borough.  In conclusion,               
the Fairbanks School District is facing increased cost, increased              
enrollment, less money from the state, and having to fund the                  
enrollment increase.  To further compound the problem, the borough             
is not realizing the revenue from this increased assessed value to             
pay for the increased school funding in addition to the borough's              
increased needs.                                                               
                                                                               
MR. BURROWS concluded that a delegation from Fairbanks came to                 
Juneau to discuss the problems Fairbanks is facing.  He said,                  
"Whatever is done to change or adjust or fix school funding, we                
need help this year or we're in big trouble."                                  
                                                                               
Number 0823                                                                    
                                                                               
CHAIRMAN BUNDE expressed his appreciation to Mr. Burrows for taking            
the time to come to Juneau to deliver his message.  He noted this              
was the first hearing on HB 351 so it would be held in committee               
and heard at a later date.                                                     
                                                                               

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