Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/26/2014 08:00 AM Senate EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 185 CHARTER SCHOOLS: FUNDING, FACILITIES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
**Streamed live on AKL.TV**
= SB 107 ESTABLISH K THROUGH 3 READING PROGRAM
Moved CSSB 107(EDC) Out of Committee
          SB 185-CHARTER SCHOOLS: FUNDING, FACILITIES                                                                       
                                                                                                                              
8:00:24 AM                                                                                                                    
CHAIR  STEVENS announced  the consideration  of SB  185. He  said                                                               
version U was before the committee.                                                                                             
                                                                                                                                
8:00:56 AM                                                                                                                    
SENATOR BERTA GARDNER, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor of  SB 185, noted that  school choice is a  popular topic                                                               
this  session.  She  said  people  in  the  Anchorage  area  love                                                               
optional  schools, especially  charter schools.  She provided  an                                                               
update  on  the  status  of charter  schools  in  Anchorage.  She                                                               
described some  of the  problems of  current charter  schools and                                                               
said the  bill will  address some of  the impediments  to charter                                                               
schools and inequities in funding.                                                                                              
                                                                                                                                
She gave examples  of configurations of charter  schools, such as                                                               
Winterberry, which  contracted with a private  developer to build                                                               
the school on  privately owned land. Some charter  schools are in                                                               
abandoned school  district buildings.  She noted, in  cases where                                                               
charter  schools  pay  rent,  they   use  up  their  budget.  She                                                               
maintained that  the bill's solution  is not perfect, but  it's a                                                               
start. She requested feedback from the committee and the public.                                                                
                                                                                                                                
8:04:34 AM                                                                                                                    
NOAH  HANSON,   Staff,  Senator   Berta  Gardner,   Alaska  State                                                               
Legislature, Juneau,  Alaska, presented SB  185 on behalf  of the                                                               
sponsor. He  explained that the  bill has three  main components,                                                               
an  application  for  converting  a neighborhood  school  into  a                                                               
charter school,  it reestablishes the state  start-up grant fund,                                                               
and  it  adds a  10  percent  increase  to  the BSA  for  charter                                                               
schools.                                                                                                                        
                                                                                                                                
CHAIR STEVENS asked Mr. Hanson to repeat the items.                                                                             
                                                                                                                                
MR. HANSON did so.                                                                                                              
                                                                                                                                
MR. HANSON addressed the sectional:                                                                                             
                                                                                                                                
     Section  1 amends  AS 14.032.50,  the establishment  of                                                                    
     charter school  statute, to require  a school  board to                                                                    
     adopt a process for  conversion of existing schools for                                                                    
     conversion into charter schools.                                                                                           
                                                                                                                                
     Section  2  adds a  new  subsection  to have  a  school                                                                    
     district   assist  a   charter   school  applicant   in                                                                    
     converting  an existing  neighborhood school,  in whole                                                                    
     or in part,  to a charter school. The  school board can                                                                    
     approve  an  applicant  if a  majority  of  parents  of                                                                    
     students  in  the  attendance   service  area  for  the                                                                    
     existing school meet  all requirements for establishing                                                                    
     a  charter  school.  Once approved,  the  school  board                                                                    
     shall transfer the  operations, furnishings, materials,                                                                    
     and  fixtures, to  the governing  body  of the  charter                                                                    
     school.  The  district  shall  continue  to  pay  costs                                                                    
     associated with  operating a  school from  the district                                                                    
     budget and may not charge rent to the charter school.                                                                      
                                                                                                                                
     Section 3 reestablishes the  charter school state grant                                                                    
     program. A  charter school  will be  able to  receive a                                                                    
     one-time  grant from  the Department  of Education  and                                                                    
     Early Development  (DEED) equal  to the amount  of $500                                                                    
     per child  enrolled in  the school as  of October  1 of                                                                    
     the first  year the school  applies for the  grant. The                                                                    
     grant is  to be used  for educational services  such as                                                                    
     curriculum, program development,  and special education                                                                    
     services. The  department will develop  regulations for                                                                    
     the application  and expenditures of the  grant. If the                                                                    
     fund lacks  sufficient funding, the charter  school has                                                                    
     the ability to come back and  apply for the rest of the                                                                    
     grant the  following years until  the $500  per student                                                                    
     allocation is met.                                                                                                         
                                                                                                                                
8:07:07 AM                                                                                                                    
     Section  4 adds  conforming language  to say  a charter                                                                    
     school may be  designed to serve students  who attend a                                                                    
     public  school  that  was   converted  into  a  charter                                                                    
     school.                                                                                                                    
                                                                                                                                
     Section  5   adds  a   new  subsection   to  prioritize                                                                    
     enrollment  for converted  charter  schools. The  first                                                                    
     priority would  be students that  were enrolled  in the                                                                    
     school before conversion, then,  students who reside in                                                                    
     the attendance  service area,  and, finally,  all other                                                                    
     applicants.                                                                                                                
                                                                                                                                
     Sections 6 and 7 add a 10 percent increase to the BSA                                                                      
     for students that attend a charter school.                                                                                 
                                                                                                                                
      Section 8 removes the sunset for the federal charter                                                                      
     school grant program.                                                                                                      
                                                                                                                                
8:07:57 AM                                                                                                                    
MR. HANSON  said, after drafting  the bill, the  sponsor realized                                                               
there  was an  unintended consequence.  Students who  are in  the                                                               
attendance service area of the  neighborhood school, but attend a                                                               
converted   charter   school,   may    not   be   accounted   for                                                               
transportation funds.  He said Senator  Gardner has  an amendment                                                               
that will address that issue.                                                                                                   
                                                                                                                                
8:08:31 AM                                                                                                                    
CHAIR STEVENS  said he does not  have any charter schools  in his                                                               
district.  He  asked  if  there is  opposition  to  converting  a                                                               
neighborhood school to a charter school.                                                                                        
                                                                                                                                
MR. HANSON said he has not heard of any opposition.                                                                             
                                                                                                                                
SENATOR  GARDNER said  this  has  not been  done  before. If  the                                                               
majority wishes, the whole school  could become a charter school.                                                               
She  noted that  charter schools  are populated  by lottery.  The                                                               
bill ensures priority of enrollment for neighborhood kids.                                                                      
                                                                                                                                
8:09:57 AM                                                                                                                    
CHAIR  STEVENS  requested  that the  committee  members  visit  a                                                               
charter school.                                                                                                                 
                                                                                                                                
SENATOR STEDMAN  thought it was a  good idea. He said  he has two                                                               
charter schools in his district.                                                                                                
                                                                                                                                
He asked for clarification of Section 8.                                                                                        
                                                                                                                                
8:11:09 AM                                                                                                                    
MR.  HANSON  said the  sunset  currently  set  for June  2015  is                                                               
removed  in  case there  is  an  opportunity to  receive  federal                                                               
funds.                                                                                                                          
                                                                                                                                
SENATOR STEDMAN asked what the federal grant program is.                                                                        
                                                                                                                                
MR. HANSON offered to provide that information.                                                                                 
                                                                                                                                
SENATOR  GARDNER explained  that  the federal  government had  an                                                               
interest in supporting the formation  of charter schools and they                                                               
anticipated providing  grants, such  as the  one proposed  in the                                                               
bill.  However,  it has  been  years  since  there has  been  any                                                               
federal funding. The sunset provision  was added just in case the                                                               
federal government provides the funding again.                                                                                  
                                                                                                                                
8:12:43 AM                                                                                                                    
CHAIR  STEVENS said  the  threshold  is changed  from  100 to  75                                                               
students.                                                                                                                       
                                                                                                                                
He asked if there is any other testimony.                                                                                       
                                                                                                                                
SENATOR  GARDNER  referred  to   written  testimony  in  members'                                                               
packets.                                                                                                                        
                                                                                                                                
CHAIR STEVENS requested the department come forward.                                                                            
                                                                                                                                
8:13:45 AM                                                                                                                    
ELIZABETH  NUDELMAN,  Director,  School Finance  and  Facilities,                                                               
Department  of Education  and Early  Development (DEED),  Juneau,                                                               
Alaska, answered questions related to SB 185.                                                                                   
                                                                                                                                
CHAIR  STEVENS   recognized  that   charter  schools   have  been                                                               
underfunded in the  past. He asked if this bill  remedies that or                                                               
goes overboard.                                                                                                                 
                                                                                                                                
MS. NUDELMAN  said she does not  have a complete analysis  of the                                                               
bill.  There  are  some  items  in the  bill  that  need  further                                                               
understanding, such  as increasing  the BSA  10 percent  for only                                                               
one category  of Average Daily  Membership (ADM), which  might be                                                               
problematic just  by the methodology  of the  foundation formula.                                                               
The  foundation formula  is kept  equitable  through a  weighted,                                                               
adjusted ADM.  The policy  of looking  at charter  school funding                                                               
would need to be separated from  that calculation; it may not fit                                                               
into the foundation formula.                                                                                                    
                                                                                                                                
She   explained   that  the   facility   items   depend  on   the                                                               
implementation. School  districts receive funding from  the state                                                               
and  it  goes to  teachers,  maintenance,  fuel costs,  and  non-                                                               
classroom items.  The details in  appropriating funds need  to be                                                               
worked out regarding charter schools.                                                                                           
                                                                                                                                
8:17:57 AM                                                                                                                    
SENATOR  GARDNER  provided an  example  of  a situation  where  a                                                               
district  retains  20  percent  of   the  BSA  for  overhead  and                                                               
management  fees, leaving  the charter  school with  less funding                                                               
and extra  costs. She  asked if  there is a  mechanism to  keep a                                                               
charter school afloat if increasing the  BSA by 10 percent is not                                                               
the best way to do so.                                                                                                          
                                                                                                                                
MS. NUDELMAN  replied that  statute requires  an agreement  and a                                                               
federally established  indirect cost rate to  stay with districts                                                               
and  the  remaining  money  to  go to  the  charter  school.  She                                                               
estimated  that the  indirect cost  rate in  larger districts  is                                                               
between  4.5 percent  and  6.5 percent.  She  suggested the  best                                                               
method of  funding might be  in the Governor's proposal,  HB 278,                                                               
which  drops the  ADM requirement  to 75  for charter  schools to                                                               
provide more funding.                                                                                                           
                                                                                                                                
CHAIR  STEVENS thought  it was  a complex  issue. It  is good  to                                                               
encourage opportunities and choice  for parents, but he cautioned                                                               
not to  go overboard  with funding one  program over  another. He                                                               
asked Ms.  Nudelman to further  examine the  bill to see  how the                                                               
elements impact charter schools, as  well as other schools in the                                                               
district.                                                                                                                       
                                                                                                                                
SENATOR GARDNER  said the intention  of the  bill is not  to have                                                               
charter  schools better  funded than  public schools.  She wanted                                                               
them to have an equal playing  field so they don't have financial                                                               
pressures to a higher degree than other schools have.                                                                           
                                                                                                                                
CHAIR STEVENS thought the committee felt the same.                                                                              
                                                                                                                                
8:21:32 AM                                                                                                                    
SENATOR STEDMAN asked about the  cost comparison issue. He gave a                                                               
hypothetical example  of a  small community  with 100  kids total                                                               
deciding  to have  a  charter school  instead  of a  neighborhood                                                               
school. He  asked if it  would be more  cost effective to  have a                                                               
charter school. He  added that many communities are  below the 75                                                               
head count.                                                                                                                     
                                                                                                                                
MS. NUDELMAN  said it depends  on how large  the school is.  If a                                                               
school  of 100  becomes a  charter school,  the funding  would be                                                               
through the foundation formula - similar.                                                                                       
                                                                                                                                
CHAIR  STEVENS asked  if  the department  is  neutral on  charter                                                               
schools versus neighborhood schools.                                                                                            
                                                                                                                                
MS.  NUDELMAN  said  the department  embraces  all  avenues  that                                                               
provide  education.  Some  charter schools  reduce  barriers  for                                                               
students. The department supports both.                                                                                         
                                                                                                                                
8:24:34 AM                                                                                                                    
CHAIR STEVENS  asked how the vote  to change to a  charter school                                                               
takes place.                                                                                                                    
                                                                                                                                
PAUL   PRUSSING,  Director,   Teaching   and  Learning   Support,                                                               
Department  of Education  and Early  Development (DEED),  Juneau,                                                               
Alaska,  answered  questions related  to  SB  185. He  said  that                                                               
applying to  become a  charter schools  varies by  district. Each                                                               
district has a local application process.                                                                                       
                                                                                                                                
CHAIR  STEVENS  said  there  are no  statewide  rules  about  the                                                               
charter school  application process that require  a percentage of                                                               
parents to be in favor.                                                                                                         
                                                                                                                                
MR. PRUESSING agreed.                                                                                                           
                                                                                                                                
8:25:34 AM                                                                                                                    
SENATOR GARDNER  pointed out that  Section 1 tells  school boards                                                               
to adopt an  application process. She did not know  of an example                                                               
of a neighborhood school converting to a charter school.                                                                        
                                                                                                                                
CHAIR STEVENS recalled a charter school  in Homer that is part of                                                               
the  neighborhood school  building.  He said  it  makes sense  to                                                               
allow a charter school to use an underutilized school building.                                                                 
                                                                                                                                
8:26:42 AM                                                                                                                    
SENATOR DUNLEAVY  asked about a  proposed amendment. He  read, "A                                                               
school district shall provide  transportation services." He asked                                                               
if that included transportation funding.                                                                                        
                                                                                                                                
SENATOR   GARDNER  explained   said  she   realized  that   if  a                                                               
neighborhood school  currently has students that  are "zoned" for                                                               
the  school, and  the school  converts to  a charter  school, the                                                               
charter school would lose transportation  funds for students that                                                               
are  already  being  bussed  to   the  neighborhood  school.  The                                                               
amendment would ensure that would not happen.                                                                                   
                                                                                                                                
SENATOR  DUNLEAVY asked  if  it was  the  sponsor's intention  to                                                               
provide transportation funds for students off the bus route.                                                                    
                                                                                                                                
SENATOR GARDNER said no.                                                                                                        
                                                                                                                                
SENATOR DUNLEAVY asked  if the sponsor has a  conversion model in                                                               
mind. He inquired what would happen  if 51 percent of the parents                                                               
vote to  convert to a charter  school and 49 percent  are against                                                               
it.                                                                                                                             
                                                                                                                                
SENATOR GARDNER thought  it was possible to have  both schools in                                                               
the  same  building.   She  noted  there  were   models  of  that                                                               
situation, such as a school within a school.                                                                                    
                                                                                                                                
8:29:59 AM                                                                                                                    
SENATOR DUNLEAVY asked how it could  be managed if there was a K-                                                               
6 school in that situation.                                                                                                     
                                                                                                                                
SENATOR GARDNER said  she does not have any schools  like that in                                                               
her  district.   She  realized  the   bill  might   have  limited                                                               
application. She  suggested the one-room school  house model. She                                                               
did not envision any very small schools using this model.                                                                       
                                                                                                                                
SENATOR DUNLEAVY said he is trying to envision it.                                                                              
                                                                                                                                
SENATOR  GARDNER  said  that's  why the  intention  is  that  the                                                               
conversion is  in whole, or  in part; it  doesn't have to  be the                                                               
whole school.                                                                                                                   
                                                                                                                                
SENATOR DUNLEAVY  reiterated that he  is trying to  visualize the                                                               
model.                                                                                                                          
                                                                                                                                
SENATOR GARDNER presented  a scenario of a school  with 200 kids,                                                               
half optional and half regular.                                                                                                 
                                                                                                                                
SENATOR  DUNLEAVY brought  up problems  in  an elementary  school                                                               
where half the kids do; half don't.                                                                                             
                                                                                                                                
SENATOR  GARDNER  suggested  mixed   classes.  She  said  schools                                                               
already have to adapt to  circumstances when students' enrollment                                                               
is unbalanced.                                                                                                                  
                                                                                                                                
SENATOR  DUNLEAVY pointed  out  that a  charter  school would  be                                                               
freed from curriculum mandates in the class.                                                                                    
                                                                                                                                
SENATOR GARDNER  suggested two  first/second combos;  one charter                                                               
school, one regular.                                                                                                            
                                                                                                                                
SENATOR  DUNLEAVY requested  that  the sponsor  define a  charter                                                               
school.                                                                                                                         
                                                                                                                                
SENATOR GARDNER said it is already defined.                                                                                     
                                                                                                                                
SENATOR DUNLEAVY asked how Senator Gardner defines it.                                                                          
                                                                                                                                
SENATOR  GARDNER said  a charter  school is  a program  where the                                                               
parents and teachers are the  governing board, they don't have to                                                               
follow district  curriculum, they  have hiring  distinctions, and                                                               
there is usually a focus.                                                                                                       
                                                                                                                                
8:34:14 AM                                                                                                                    
CHAIR STEVENS  addressed Senator Dunleavy's comment  that parents                                                               
may be  against the philosophy  of a charter school.  He inquired                                                               
what is so different about the philosophy of a charter school.                                                                  
                                                                                                                                
SENATOR DUNLEAVY responded that parents  may want to convert to a                                                               
Montessori  approach  to education  or  to  another approach.  He                                                               
brought  up the  practicality  of having  two  concepts within  a                                                               
classroom.                                                                                                                      
                                                                                                                                
CHAIR STEVENS  read an article about  catholic schools converting                                                               
to   charter  schools   for  financial   reasons,  resulting   in                                                               
curriculum changes.                                                                                                             
                                                                                                                                
8:35:53 AM                                                                                                                    
CHAIR STEVENS  asked about the  wait list for charter  schools in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
MR. HANSON  estimated that Polaris  K-12 has about  a 700-student                                                               
waitlist. He offered to provide those numbers for the committee.                                                                
                                                                                                                                
SENATOR GARDNER  said it  is important  to understand  that while                                                               
parents might wish to enroll  their children in a charter school,                                                               
they may  not wish to found  a charter school. She  stressed that                                                               
one  of the  greatest  benefits  of a  charter  school is  parent                                                               
involvement; the philosophy is not the most important element.                                                                  
                                                                                                                                
8:38:05 AM                                                                                                                    
CHAIR STEVENS  asked if kids  can move  back and forth  between a                                                               
charter  school  program  and  a  regular  program  in  the  same                                                               
building.                                                                                                                       
                                                                                                                                
SENATOR GARDNER  said her vision  is that  if part of  the school                                                               
converts,  it will  stand  or  fail based  on  what  they do.  It                                                               
depends on what people want  for their children. If buildings are                                                               
used  to maximum  capacity,  charter schools  would  not have  to                                                               
struggle with facility issues and  expenses. Rather than changing                                                               
school boundaries, options can increase within districts.                                                                       
                                                                                                                                
8:40:13 AM                                                                                                                    
CHAIR STEVENS wished to hear more  from the department at a later                                                               
date; therefore, SB 185 was held in committee.                                                                                  

Document Name Date/Time Subjects
01_SB185_BillText_VersionU.PDF SEDC 3/26/2014 8:00:00 AM
SB 185
02_SB185_SponsorStatement_VersionU.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
03_SB185_Sectional_VersionU.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
04_SB185_AK Charter School Q&A Legislator Information 022614 FINAL.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
05_SB185_AnchorageCharterSchoolfacilities.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
06_SB185_How Charter Schools are Funded.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
07_SB185_ASD Capital Improvement Plan.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
08_SB185_Michael Rehberg Winterberry Email.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
09_SB185_Compass on Public Charter School.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
10_SB185_Gardner Amendment_VersionU.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
11_SB185_FiscalNote1_DEED_Foundation.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
12_SB185_FiscalNote2_DEED_TLS.pdf SEDC 3/26/2014 8:00:00 AM
SB 185
13_SB185_FiscalNote3_Transfers_PubEducFund.pdf SEDC 3/26/2014 8:00:00 AM
SB 185