Legislature(2021 - 2022)BUTROVICH 205

04/21/2021 09:00 AM Senate EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SJR 10 CONST. AM: IN-PERSON PUBLIC EDUCATION TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
*+ SB 34 STATE-TRIBAL EDUCATION COMPACT SCHOOLS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= SB 94 EDUCATION & SUPPLEMENTAL LOAN PROGRAMS TELECONFERENCED
Moved CSSB 94(EDC) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
          SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS                                                                      
                                                                                                                                
9:16:26 AM                                                                                                                    
CHAIR   HOLLAND  reconvened   the  meeting   and  announced   the                                                               
consideration of  SENATE BILL  NO. 34 "An  Act providing  for the                                                               
establishment of public schools through state-tribal compacts."                                                                 
                                                                                                                                
9:16:41 AM                                                                                                                    
SENATOR  STEVENS, sponsor  of SB  34, stated  this bill  resulted                                                               
from several  Alaska Education  Challenge meetings  several years                                                               
ago that highlighted  the need to find a solution  to the state's                                                               
tribal education  compacting. The  Alaska Native  Studies Council                                                               
[Proceedings from the Alaska Native Studies Conference] April 4-                                                                
6, 2013, report  in members' packets provides  background for the                                                               
issue. It  shows that  the high school  dropout rate  for village                                                               
Native  students  is  much  higher than  for  other  students  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
9:18:08 AM                                                                                                                    
SENATOR  STEVENS   explained  that  education  compacting   is  a                                                               
complicated process  that will allow tribal  entities to formally                                                               
enter into  an agreement  with the  state that  recognizes tribal                                                               
authority  to  operate and  oversee  K-12  schools. These  State-                                                               
Tribal Education  Compact (STEC) schools are  public schools that                                                               
will be open to all students  but would offer culturally rich and                                                               
millennia-old tribal  educational models. This bill  would set up                                                               
a  process  for  Alaska  tribes to  contract  directly  with  the                                                               
commissioner   of  the   Department   of   Education  and   Early                                                               
Development  (DEED) to  allow them  control  over their  schools.                                                               
This  direct relationship  would allow  tribes to  leverage funds                                                               
that   previously  were   paid  to   the  school   districts  for                                                               
educational enrichment  to directly benefit Native  students. The                                                               
benefits of tribal compact schools  include curriculum changes to                                                               
emphasize  the history  of indigenous  people, including  culture                                                               
and language.  It could  also provide  a more  intimate community                                                               
experience for Native students.                                                                                                 
                                                                                                                                
9:19:33 AM                                                                                                                    
SENATOR  STEVENS pointed  out  that  tribal education  compacting                                                               
appears to  be successful in  the State of Washington  since more                                                               
Native students  are graduating from  high school.  Thus, dropout                                                               
rates are lower, he said.                                                                                                       
                                                                                                                                
9:20:03 AM                                                                                                                    
TIM   LAMKIN,  Staff,   Senator   Gary   Stevens,  Alaska   State                                                               
Legislature,  Juneau, Alaska,  presented  the sectional  analysis                                                               
for  SB  34. He  stated  the  bill  is  modeled after  the  state                                                               
boarding school statutes in AS 14. He reviewed the sectional                                                                    
analysis for SB 34, which read:                                                                                                 
                                                                                                                                
     Sec. 1: AS  14.07.165(a) relating to the  duties of the                                                                    
     State  Board of  Education, is  amended to  include the                                                                    
     Board  adopting  regulations   associated  with  state-                                                                    
     tribal compact schools.                                                                                                    
                                                                                                                                
       Sec. 2: AS 14.16.300, is established, State-Tribal                                                                       
     Education Compact Schools (STEC).                                                                                          
          (a) The  Commissioner of Education may  enter into                                                                    
          compacts with  federally recognized  tribes (FRT),                                                                    
          through an application process.                                                                                       
          (b)  The   application  process  must   include  a                                                                    
          resolution passed  by the locally  governing board                                                                    
          of  a  FRT  and include  provisions  for  specific                                                                    
          grade  levels to  be  taught, compliance,  dispute                                                                    
          resolution,  recordkeeping  and  similar  standard                                                                    
          terms of contracting.                                                                                                 
                                                                                                                                
        AS 14.16.310: Specifies that  a STEC school  will be                                                                    
        considered a  school district  (SD) and  must follow                                                                    
        existing statutory  requirements  as  other SD's  do                                                                    
        for:                                                                                                                    
        1. District Operations:                                                                                                 
          (a)  defining the  school term,  days in  session,                                                                    
          and   school  holidays   School  terms,   days  in                                                                    
          session;                                                                                                              
          (b) miscellaneous provisions for SD's;                                                                                
          (c)  follow state  board  regulations, unless  the                                                                    
          board   specifically   exempts    STECs   from   a                                                                    
          regulation;                                                                                                           
          (d) authorizing school  districts to establish and                                                                    
          participate   in  the   services  of   a  regional                                                                    
          resource center;                                                                                                      
          (e) requiring an annual audit;                                                                                        
          (f)  authorizing  cooperation  with  other  school                                                                    
          districts;                                                                                                            
          (g)  prohibits employment  of  a  relative of  the                                                                    
          chief school administrator;                                                                                           
          (h) prohibits discrimination based  on sex or race                                                                    
          in public education.                                                                                                  
                                                                                                                                
MR. LAMKIN continued to review the sectional analysis for SB 34,                                                                
which read:                                                                                                                     
                                                                                                                                
        2. Public School Funding and receipt and expenditure                                                                    
        of that funding:                                                                                                        
          (a) relating to student count estimates;                                                                              
          (b) relating to school operating fund balances;                                                                       
          (c)  setting  out  the procedure  for  payment  of                                                                    
          public   school  funding   and  imposing   general                                                                    
          requirements and limits on money paid.                                                                                
                                                                                                                                
        3. Teacher employment and retirement                                                                                    
          (a) relating to sick leave;                                                                                           
          (b)  relating  to  the employment  and  tenure  of                                                                    
          teachers;                                                                                                             
          (c) relating to the salaries of teachers;                                                                             
          (d)  relating to  sabbatical leave  provisions for                                                                    
          teachers;                                                                                                             
          (e)    authorizing   collective    bargaining   by                                                                    
          certificated  employees,  except  with  regard  to                                                                    
          teachers  who are  administrators and  except that                                                                    
          the  board  may  delegate  some   or  all  of  its                                                                    
          responsibilities under those statutes;                                                                                
          (f) regarding the teachers' retirement system.                                                                        
                                                                                                                                
        4. Students and educational programs                                                                                    
          (a) relating to  educational services for children                                                                    
          with disabilities;                                                                                                    
          (b)   establishing    health   education   program                                                                    
          standards;                                                                                                            
          (c)   relating   to   bilingual   and   bicultural                                                                    
          education.                                                                                                            
                                                                                                                                
9:23:46 AM                                                                                                                    
     AS  14.16.320  specifies that  a  STEC  school may  not                                                                    
     charge tuition,  with some  exceptions for  over school                                                                    
     age  persons and  extracurricular activities,  and that                                                                    
     school  admissions may  not discriminate  against race,                                                                    
     school  age,  or grade  level.  If  a STEC  school  has                                                                    
     applicants  that   exceed  their  capacity,   they  may                                                                    
     prioritize enrollment of tribal members;                                                                                   
                                                                                                                                
     AS 14.16.330 establishes  financial provisions for STEC                                                                    
     schools  consistent  with existing  foundation  formula                                                                    
     funding  for  a school  district  and  for purposes  of                                                                    
     applying  for  federal  funding  AS  14.16.340  regards                                                                    
     employees  of the  STEC as  being  state employees  and                                                                    
     provides for  employment preferences for those  who are                                                                    
     member of a FRT.                                                                                                           
                                                                                                                                
     Sec.  3:  AS  14.17.300(a),   relating  to  the  public                                                                    
     education fund, is amended  to allow for appropriations                                                                    
     to be made to STEC schools.                                                                                                
                                                                                                                                
     Sec. 4  AS 14.17.400(b) in  the instance of  a shortage                                                                    
     of  funds  for  public  education,  the  department  of                                                                    
     education  is directed  reduce school  district funding                                                                    
     on a pro  rata basis, amended to include  a similar pro                                                                    
     rata reduction for STEC schools.                                                                                           
                                                                                                                                
9:25:17 AM                                                                                                                    
MR. LAMKIN continued to review the sectional analysis for SB 34,                                                                
which read:                                                                                                                     
                                                                                                                                
     Sec.  5: 14.17.445  adds a  new  subsection to  include                                                                    
     funding for STEC schools  inside the foundation formula                                                                    
     for purposes of calculating its basic need                                                                                 
                                                                                                                                
     Sec.  6: 14.18.110(b)  relating to  anti-discrimination                                                                    
     laws, adds  a new subsection  to allow, in the  event a                                                                    
     STEC school  has applicants in excess  of its capacity,                                                                    
     to   prioritize  employment   and  student   enrollment                                                                    
     firstly to members of the FRT under the compact.                                                                           
                                                                                                                                
     Sec.  7: 14.30.010(b),  relating to  compulsory school-                                                                    
     age attendance,  and which has  a number  of exemptions                                                                    
     from compulsory  attendance, is  amended to  include an                                                                    
     exemption for student enrolled in a STEC school.                                                                           
                                                                                                                                
     Sec.  8: 14.30.186(a),  relating  to special  education                                                                    
     services,  is amended  to  include  STEC schools  being                                                                    
     required to provide such services  to for children with                                                                    
     disabilities enrolled in the STEC school.                                                                                  
                                                                                                                                
     Sec.     9-12:    AS     14.30.350(8),    14.43.849(5),                                                                    
     14.43.915(f)(2),  AS  21.96.070(g)(1),  are  conforming                                                                    
     definition  references, being  amended to  include STEC                                                                    
     schools as being considered a "school district."                                                                           
                                                                                                                                
     Sec.  13-14: AS  23.40.200(c),  relating to  provisions                                                                    
     under which a  union may strike, is  amended to include                                                                    
     a STEC school.                                                                                                             
                                                                                                                                
     Sec. 15:  AS 39.35.160(c),  relating to  the retirement                                                                    
     system, is  a conforming amendment to  include both the                                                                    
     employees of a STEC school,  and the STEC school as the                                                                    
     employer,   being  required   to   contribute  to   the                                                                    
     retirement system.                                                                                                         
                                                                                                                                
     Sec. 16:  AS 39.35.160(d),  relating to  the retirement                                                                    
     system,  is a  conforming amendment  to include  a STEC                                                                    
     employer  paying a  member's PERS  contribution in  the                                                                    
     event  the member  is assaulted  while on  the job  and                                                                    
     subsequently on unpaid leave.                                                                                              
                                                                                                                                
9:27:43 AM                                                                                                                    
MR. LAMKIN continued reviewing the  sectional analysis for SB 34,                                                               
which read:                                                                                                                     
                                                                                                                                
     Sec. 17-19:  AS 39.35.300(c),  AS 39.35.310(c),  and AS                                                                    
     39.35.330(d),  relating to  the retirement  system, are                                                                    
     conforming amendments to  include STEC school employees                                                                    
     as state  employees and contributing time  served under                                                                    
     the retirement program.                                                                                                    
                                                                                                                                
     Sec. 20-21: AS  43.20.014(g)(3) and AS 47.07.063(D)(3),                                                                    
     relating  to  Medicaid  eligibility and  education  tax                                                                    
     credits,  are conforming  definition references,  being                                                                    
     amended to  include STEC schools as  being considered a                                                                    
     "school district."                                                                                                         
                                                                                                                                
     Sec.  22: Gives  regulatory authority  to the  Dept. of                                                                    
     Education   and  Early   Development  (DEED)   to  help                                                                    
     implement  the STEC  program,  and includes  transition                                                                    
     language to  give DEED one year  to implement following                                                                    
     its enactment.                                                                                                             
                                                                                                                                
9:28:37 AM                                                                                                                    
CHAIR HOLLAND turned to invited testimony.                                                                                      
                                                                                                                                
9:29:16 AM                                                                                                                    
NATASHA SINGH, General Counsel,  Tanana Chief's Conference (TCC),                                                               
Fairbanks, Alaska, stated that TCC  is a tribal health and social                                                               
services consortium that provides  services to Alaskans living in                                                               
Interior villages and tribal members  living in Fairbanks. TCC is                                                               
one of  25 cosigners of  the Alaska Tribal Health  Compact (ATHC)                                                               
with the  Indian Health Service,  which she characterized  as one                                                               
of  the most  successful compacts  in the  history of  the Indian                                                               
Self Determination Act.                                                                                                         
                                                                                                                                
MS.  SINGH said  Alaska, the  nation  and the  world learned  how                                                               
effective TCC's health  delivery system is due  to the efficiency                                                               
in distributing COVID-19  vaccines to Alaskans. ATHC  is the most                                                               
successful  compact   because  it  is  reversing   severe  health                                                               
disparities for  Alaska Natives in  the most remote areas  of the                                                               
country  even   though  it  faces  significant   underfunding  by                                                               
Congress.  The  Alaska  Tribal   Health  System  (ATHS)  is  made                                                               
possible because of ATHC, which  is a legal agreement between the                                                               
federal  government and  the Alaska  Tribal  health entities  and                                                               
tribal nations.                                                                                                                 
                                                                                                                                
9:30:59 AM                                                                                                                    
MS.  SINGH   highlighted  that   tribal  leaders   are  planners,                                                               
strategists,   decision  makers,   and  implementers   of  Native                                                               
healthcare.  Prior  to  the compact,  the  chronic  underfunding,                                                               
remote  nature  of villages  and  the  absence of  locally-driven                                                               
decision making  resulted in  a lack of  quality provided  by the                                                               
Indian Health  Service (IHS). Lower  48 tribes  were experiencing                                                               
similar outcomes  from IHS.  In 1988  Congress passed  the Indian                                                               
Self  Determination Act  education  amendment.  The original  act                                                               
provided  the  necessary  authority  for  tribes  to  enter  into                                                               
agreements  to  carry out  the  responsibilities  of the  federal                                                               
government.   The  1988   amendment   addressed  the   inflexible                                                               
bureaucracy and federal inefficiencies  by increasing the tribes'                                                               
ability to redesign and tailor  services to the specific needs of                                                               
their   communities.   The   takeaway  is   that   agencies   and                                                               
bureaucracies   resist  implementing   compacts  despite   proven                                                               
success,  she  said.  Thus,  tribes   continue  to  need  federal                                                               
legislative  support  to  fully  implement the  intent  of  self-                                                               
determination.                                                                                                                  
                                                                                                                                
MS. SINGH  said soon after  the federal amendment  passed, Alaska                                                               
was  offered a  chance  to participate  in  an IHS  demonstration                                                               
project.  Alaskan  tribes  and  health  entities  quickly  joined                                                               
together to  create a  multi-party compact.  This had  never been                                                               
done  before with  IHS but  with the  support of  the Alaska  IHS                                                               
office  and the  determination of  tribal leaders,  Alaska Tribal                                                               
Health Compact (ATHC) was created.                                                                                              
                                                                                                                                
9:33:06 AM                                                                                                                    
MS.  SINGH said  the true  beauty  of health  compacting is  that                                                               
tribal leaders have the full  authority to determine the best way                                                               
to address Native  health needs. She said ATHC  is accountable to                                                               
the people.  Through the  compact, Alaska  Natives own  their own                                                               
health  care  information  and  can  change  their  practices  or                                                               
redesign program  service functions,  services and  activities to                                                               
meet regional needs. When a  program is not properly funded, ATHC                                                               
has the  flexibility to reallocate  funds as needed.  The compact                                                               
can  cobble   together  funding   streams  to   deliver  services                                                               
efficiently and effectively.                                                                                                    
                                                                                                                                
MS. SINGH highlighted that the  health compact comes with strings                                                               
attached. Cosigners  are obligated to  provide to the  Health and                                                               
Human  Services  (HHS) National  Audit  Review  Center an  annual                                                               
single organization-wide audit as  prescribed by the Single Audit                                                               
Act Amendments of 1996 (Single Audit  Act). A copy is sent to the                                                               
IHS and Federal  Audit Clearinghouse. Each year  the secretary of                                                               
HHS  submits a  report to  the  U.S. Senate  Committee of  Indian                                                               
Affairs  and the  U.S. House  Resources  Committee detailing  the                                                               
level of  need presently  underfunded. The TCC  and its  Board of                                                               
Directors are well versed in the  audit process and take pride in                                                               
the lack  of adverse findings.  TCC's robust  accounting division                                                               
includes  an internal  auditor  to make  sure  federal funds  are                                                               
properly spent.                                                                                                                 
                                                                                                                                
9:34:52 AM                                                                                                                    
MS.  SINGH stated  that  the compact  has  25 diverse  cosigners,                                                               
ranging  from small  villages with  less than  50 members  to the                                                               
Alaska  Tribal  Health  Consortium   serving  the  entire  state.                                                               
Financially, the  cosigners range  from a small  community health                                                               
program  under $60,000  per  year to  a  large statewide  medical                                                               
center with over  2,000 employees and a budget  over $400 million                                                               
per year. Together,  the cosigners, IHS, and  other partners make                                                               
up the Alaska  Tribal Health System (ATHS). The  system is rooted                                                               
in  community and  tribally  driven, she  said.  The health  care                                                               
compact  provides  services  to  community  clinics,  subregional                                                               
clinics  and regional  services.  This  system is  interconnected                                                               
through  the system's  sophisticated  patterns  of referrals  and                                                               
TCC's primary and common mission,  which is to improve the health                                                               
status of Alaska  Native people. This includes  a coordination of                                                               
care  from  local  health clinics  to  subregional  and  regional                                                               
facilities,  which can  also  be referred  to  the Alaska  Native                                                               
Medical Center (ANMC) in Anchorage.                                                                                             
                                                                                                                                
MS.  SINGH said  as a  cosigner, TCC  relies on  the common  ATHC                                                               
perpetual agreement  that sets the  general terms of  the nation-                                                               
to-nation relationship between  the U.S. and Alaska  tribes as it                                                               
relates  to  the  implementation  of health  care  services.  All                                                               
cosigners fall under one health  compact. The compact speaks with                                                               
one voice  during negotiations.  In order to  do this,  all final                                                               
common decisions affecting  the compact must be  made through the                                                               
consensus process with tribal representatives of the cosigners.                                                                 
                                                                                                                                
MS. SINGH stated that once the  cosigners agree, TCC has a strict                                                               
protocol   of  negotiation   rules,  which   govern  the   annual                                                               
negotiation   process  between   the  IHS   and  cosigners.   The                                                               
negotiations  are  built on  a  foundation  of faith,  trust  and                                                               
government-to-government  relationships.  Shared goals  of  TCC's                                                               
negotiations  include holding  productive negotiations,  by being                                                               
prepared  and  sharing  information early  and  often,  executing                                                               
agreements  as  quickly  as  possible  and  committing  to  being                                                               
prepared for  negotiations. These rules  seek to ensure  that the                                                               
parties  stay  transparent and  honest  with  one another.  Doing                                                               
otherwise  does not  result  in better  health  outcomes for  the                                                               
Native people,  she said. The continued  relationship between the                                                               
parties  is  just  as  important  as the  final  outcome  of  the                                                               
negotiations. Because  of the compact  and the  system's success,                                                               
TCC  is  literally  changing  the smiles  of  children  in  rural                                                               
Alaska. The  Dental Therapy Educational Program  has allowed some                                                               
children in rural Alaska to be cavity free.                                                                                     
                                                                                                                                
9:38:10 AM                                                                                                                    
MS. SINGH  reported that the  Alaska Tribal Health  System (ATHS)                                                               
generates  18,000  jobs  for Alaskans  and  contributes  a  total                                                               
economic output of $2.4 billion in  the state. Due to its service                                                               
population  and statewide  reach, the  system represents  a large                                                               
part of  Alaska's economy.  In 2017  the system  represented five                                                               
percent  of the  entire  Alaska economy.  She  reported that  the                                                               
system comprises  a larger sector  of the state economy  than the                                                               
retail  trade,   the  construction  industry,   the  professional                                                               
business   and   technical   services  sector,   all   arts   and                                                               
entertainment, manufacturing,  information sector,  utilities and                                                               
agriculture forestry  sectors combined.  As a  vital part  of the                                                               
Alaska public health system, ATHS has  served as a pillar for the                                                               
state's economy and  as a partner with the State  of Alaska. That                                                               
partnership generates a net economy  for the state and results in                                                               
massive  savings for  the state  budget in  the form  of Medicaid                                                               
federal offsets.  In closing, she  stated that tribes  across the                                                               
nation are reversing health care disparities.                                                                                   
                                                                                                                                
9:40:00 AM                                                                                                                    
CHAIR  HOLLAND said  he  hoped  the school  compact  would be  as                                                               
successful as the Alaska Tribal Health Compact (ATHC).                                                                          
                                                                                                                                
9:40:14 AM                                                                                                                    
SENATOR  MICCICHE asked  Ms.  Singh to  forward  the figures  she                                                               
referenced that highlight the benefits to Alaska's economy.                                                                     
                                                                                                                                
MS.  SINGH agreed  to do  so.  She identified  the Alaska  Native                                                               
Health Board as  the advocacy arm of the system.  She stated that                                                               
ANHB  compiled  an economic  study  several  years ago  that  she                                                               
offered to provide to the committee.                                                                                            
                                                                                                                                
9:41:16 AM                                                                                                                    
SENATOR  STEVENS expressed  appreciation for  the information  on                                                               
the health  compact but advised Ms.  Singh that SB 34  relates to                                                               
tribal  compacting  of  education.  He asked  whether  she  could                                                               
provide any information related to an education compact.                                                                        
                                                                                                                                
9:41:40 AM                                                                                                                    
MS. SINGH responded that her  testimony on the health compact was                                                               
intended  to illustrate  the model  for what  could be  done. TCC                                                               
supports compacting education for  tribes. She offered her belief                                                               
that  legislation  is necessary  to  push  the administration  to                                                               
continue   to  support   self-determination  and   locally-driven                                                               
decisions  for tribes.  First,  the  legislature could  recognize                                                               
tribes,  which  has  not  yet   been  done.  Second,  tribes  are                                                               
political entities that act as  the third sovereign in the state,                                                               
which  makes  compacting  education different  from  establishing                                                               
charter schools or other entities.                                                                                              
                                                                                                                                
MS. SINGH said TCC supports SB  34 because tribes should be given                                                               
authority  to address  their educational  needs. Tribal  entities                                                               
are  familiar  with  the  reasons  that  tribal  members  do  not                                                               
graduate at  better rates and  why tribal members  sometimes have                                                               
issues  within  the  school system.  Tribal  compacting  for  the                                                               
delivery of  education provides authority  at the local  level to                                                               
improve  the  school  system.  She  related  that  Representative                                                               
Cronk, an  educator from  the TCC's region  in Tok  and Northway,                                                               
stated in a House committee  earlier this session that graduation                                                               
rates  for  Native students  in  his  district were  good.  TCC's                                                               
responded  that  it  was  unlikely  that  tribes  would  want  to                                                               
establish  compacts  in  schools  that are  successful  but  some                                                               
tribes in  Alaska will  want STEC schools.  She pointed  out that                                                               
the federal  demonstration projects were successful  because they                                                               
started out small.  She said if SB  34 were to pass,  she did not                                                               
anticipate that  all tribes would  immediately seek  to establish                                                               
STECs. Instead,  she envisioned  that education  compacting would                                                               
be a  slow process with a  few tribes entering into  compacts and                                                               
other tribes  could follow. TCC  would like to apply  the lessons                                                               
learned  in federal  [compacting for  health care  in Alaska]  to                                                               
potentially adopt tribal compacting of education.                                                                               
                                                                                                                                
9:45:22 AM                                                                                                                    
SENATOR STEVENS  agreed that  it would likely  be a  slow process                                                               
since  state-tribal  compacting  for  education  is  complex.  He                                                               
acknowledged that  the process would  not be appropriate  for all                                                               
tribal  entities.  However,  he   did  not  believe  that  tribal                                                               
compacting for education would be  limited to remote communities.                                                               
He envisioned that Native students  in Anchorage or Fairbanks may                                                               
want to  learn the  languages of their  ancestors and  achieve an                                                               
education that fits with their family values.                                                                                   
                                                                                                                                
9:46:13 AM                                                                                                                    
SENATOR HUGHES  said she appreciated the  analogy and description                                                               
of  tribal  health  since  it   has  been  very  successful.  She                                                               
attributed  its success  in part  to innovation  and flexibility.                                                               
She pointed out  that tribal entities are not  required to adhere                                                               
to state restrictions. For example,  the federal model allows for                                                               
the health  aide and  dental health  therapist models,  which are                                                               
not allowed under  state law. She said if Alaska  decides to have                                                               
STEC schools,  the state  will want  them to  meet or  exceed the                                                               
standards  required  for all  public  schools  in Alaska.  It  is                                                               
possible  that the  innovation and  flexibility  TCC achieved  in                                                               
health care might be more restrictive in education, she said.                                                                   
                                                                                                                                
SENATOR HUGHES stated  that she was exposed to  the tribal health                                                               
model during the period when  her husband supervised health aides                                                               
in  50 villages.  He was  the medical  director of  TCC when  the                                                               
council operated the clinic at  Fort Yukon. Her husband worked to                                                               
implement  the  medical  home  model,  which  looked  at  dental,                                                               
medical and  behavioral health.  She characterized  it as  a very                                                               
successful  effort in  part because  TCC  had the  freedom to  do                                                               
things not  allowed under state law.  She said she would  be open                                                               
to this  concept if  it is innovative  and will  improve academic                                                               
output and work for students.                                                                                                   
                                                                                                                                
9:48:20 AM                                                                                                                    
SENATOR HUGHES recalled years ago  when her family lived in rural                                                               
Alaska, the  tribal clinics did  not accept  non-Native patients.                                                               
That meant  her family  needed to fly  to Anchorage  or Fairbanks                                                               
for medical treatment.  Subsequently, tribal clinics incorporated                                                               
the  health  center  model.  In order  to  receive  funding,  the                                                               
clinics had  to accept all  patients. She expressed  concern that                                                               
this  bill establishes  a preference  for Alaska  Native teachers                                                               
and students.  If the  capacity was not  large enough  to include                                                               
all  students,  the school  could  be  limited to  Alaska  Native                                                               
students. She  said she hopes the  goal would be for  the schools                                                               
to accept all  students, just as the health  center model accepts                                                               
all   patients.   She  wondered   if   this   would  create   any                                                               
constitutional  issues. She  offered support  for the  concept of                                                               
tribes  taking ownership  and responsibility  for communities  as                                                               
well  as the  innovative  and flexible  aspects  of the  proposed                                                               
STECs.                                                                                                                          
                                                                                                                                
9:51:16 AM                                                                                                                    
RICHARD PETERSON,  (Chalyee ?esh), President, Central  Council of                                                               
Tlingit and Haida Indian Tribes  of Alaska, Juneau, Alaska, began                                                               
his comments  by recognizing the  traditional Native  lands where                                                               
the Capitol  is located  and by  giving thanks  "Gunalch?esh." He                                                               
said he echoes Ms. Singh's comments.                                                                                            
                                                                                                                                
MR.  PETERSON stated  that  Tlingit and  Haida  Indian Tribes  of                                                               
Alaska (Tlingit  and Haida) is  the largest tribe in  Alaska with                                                               
just  under 33,000  tribal citizens  enrolled in  Alaska. Tlingit                                                               
and  Haida  is a  member  of  the  Alaska Regional  Coalition,  a                                                               
consortium   of   four   Native   regional   tribal   non-profits                                                               
representing 65,000 Alaskans ranging  from Ketchikan to Kotzebue.                                                               
Collectively, the coalition represents  100 rural communities and                                                               
provides services to everyone in the communities.                                                                               
                                                                                                                                
MR.  PETERSON stated  that compacts  are government-to-government                                                               
agreements that  administer programs. The U.S.  Supreme Court has                                                               
recognized  the  inherent  authority  of tribes  to  serve  their                                                               
citizens. Tlingit and Haida already  executes federal compacts at                                                               
the  Bureau  of  Indian  affairs   (BIA)  on  behalf  of  several                                                               
communities  in   Southeast  Alaska.  It   currently  administers                                                               
sophisticated  programs  for  employment  and  training,  natural                                                               
resources, childcare and economic  development. Tlingit and Haida                                                               
is  proud  to have  signed  on  to  the historical  Tribal  Child                                                               
Welfare Compact between the State of Alaska and tribes in 2017.                                                                 
                                                                                                                                
MR. PETERSON said it is important  to note that Tlingit and Haida                                                               
already  delivers early  care and  learning services  through the                                                               
Head Start program. Although Head  Start is not delivered through                                                               
compacting, this  educational program is offered  in coordination                                                               
with  the state  and federal  government. This  could serve  as a                                                               
model  for  a  partnership  to provide  educational  services  to                                                               
Native and non-Native students.  The state supports local control                                                               
in many ways including for  education. He offered his belief that                                                               
tribal  compacting  is  the  epitome  of  local  control.  Tribal                                                               
contacting has  the potential to enhance  delivery for education.                                                               
Ms.  Singh outlined  the Alaska  Tribal  Health Compact  delivery                                                               
system  that demonstrates  tribal experience  and expertise.  The                                                               
tribes could  expand on this  by delivering education  via STECs.                                                               
As  with  so many  other  programs,  the details  will  determine                                                               
educational  compacting's  success. Currently,  approximately  18                                                               
percent of  Alaska's children are  Alaska Native. No one  is more                                                               
vested in the success of  Alaska Native students than Tlingit and                                                               
Haida, he  said. Tlingit and  Haida stands ready to  partner with                                                               
the state to  design systems to improve  educational outcomes for                                                               
all children in Alaska, which could be done by using STECs.                                                                     
                                                                                                                                
9:55:25 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
9:56:03 AM                                                                                                                    
CHAIR HOLLAND reconvened the meeting.                                                                                           
                                                                                                                                
9:56:23 AM                                                                                                                    
ELIZABETH  MEDICINE-CROW, President  and Chief  Executive Officer                                                               
(CEO), First  Alaskans Institute,  Kake, Alaska, began  by saying                                                               
"Gunalch?esh."  Ms. Singh  and Mr.  Peterson have  deep knowledge                                                               
about how  compacting works,  she said.  She offered  support for                                                               
compacting  public education  in Alaska.  She offered  her belief                                                               
that  First Alaskans  can  help address  some  provisions in  the                                                               
bill. She highlighted her perspective on what might be possible.                                                                
                                                                                                                                
MS.  MEDICINE-CROW  stated that  she  served  on the  Tribal  and                                                               
Community  Ownership  Committee  as   part  of  Alaska  Education                                                               
Challenge. Commissioner Johnson tasked  the committee to identify                                                               
three  innovative ideas  for transforming  Alaska's schools.  The                                                               
committee came up with one  innovative idea that members felt was                                                               
included  in   State-Tribal  Education  Compacting   (STEC).  The                                                               
committee  found  that  other   innovative  ideas  the  committee                                                               
discussed,  such  as improved  student  success  and values  were                                                               
addressed  through  STEC government-to-government  relationships.                                                               
The State  Board of Education and  Commissioner Johnson supported                                                               
their work and included their recommendations in their report.                                                                  
                                                                                                                                
MS.  MEDICINE-CROW   acknowledged  the  importance  of   using  a                                                               
thoughtful,   trusting,   state-tribal   government   negotiation                                                               
process to establish authority and  develop an educational system                                                               
that  has continued  to  fail Alaska  Native  students. The  goal                                                               
should  be  to develop  a  system  that  serves all  students  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
10:01:22 AM                                                                                                                   
MS.  MEDICINE-CROW offered  her belief  that tribal  partners are                                                               
equipped to determine how STEC  schools should operate, including                                                               
making hiring  decisions, developing curriculum,  and determining                                                               
the values the  school will impart. STEC  provides an opportunity                                                               
to change  the paradigm of  schools from one that  fails students                                                               
to one  that nourishes them.  She stated that  tribal communities                                                               
help one  another, address  issues, and  create intergenerational                                                               
opportunities  to share  and  strengthen  members' knowledge  and                                                               
abilities  to achieve  success despite  enormous challenges.  She                                                               
said it is  essential for SB 34 to merge  the power and authority                                                               
inherent in  tribal government  with the  power and  authority of                                                               
state   government  to   amplify  the   outcome  of   educational                                                               
compacting. She  cautioned against holding tribes  to the current                                                               
structure  and state  standards because  it won't  change student                                                               
outcomes. Instead, she viewed compacting  as an agent for change.                                                               
She said  she welcomes fleshing  out the compacting  process. She                                                               
recalled that  Mr. Lamkin indicated  SB 34 was modeled  after the                                                               
state  boarding school  and charter  school statutes.  While this                                                               
provides  a  good starting  point,  those  models are  completely                                                               
different  from  compacting,  she   said.  She  stated  that  she                                                               
welcomes holding robust discussions on the bill.                                                                                
                                                                                                                                
10:04:06 AM                                                                                                                   
CHAIR HOLLAND  directed attention  to language  in the  bill that                                                               
spoke  to cooperation  with school  districts regarding  district                                                               
operations.  He asked  whether there  would  be any  coordination                                                               
with the Department of Education  and Early Development (DEED) or                                                               
school districts. He wondered whether  a compact school could put                                                               
a local school at risk.                                                                                                         
                                                                                                                                
MR. LAMKIN  answered that the  key words are  negotiation, trust,                                                               
transparency,  partnership  and  in particular,  considering  the                                                               
success  of  healthcare  compacting being  applied  to  education                                                               
compacting. He suggested that  coordinating with school districts                                                               
was  in the  spirit  of partnership  for  sharing curriculum  and                                                               
maintenance.  He  stated  that  those  things  would  be  jointly                                                               
negotiated.  He  pointed  out two  Memorandums  of  Understanding                                                               
(MOUs)  exist for  TCC  and  the Knik  Tribe  Council related  to                                                               
education.                                                                                                                      
                                                                                                                                
CHAIR HOLLAND acknowledged that the  bill used the charter school                                                               
model so some things may already be addressed.                                                                                  
                                                                                                                                
10:06:39 AM                                                                                                                   
MICHAEL  JOHNSON, Ph.D.,  Commissioner,  Department of  Education                                                               
and Early  Development (DEED),  Juneau, Alaska,  highlighted that                                                               
tribal  compacting  is  one  of  the  State  Board  of  Education                                                               
priorities.  He provided  three reasons  to pursue  STEC schools.                                                               
First, the  current results demand  it, he said.  The achievement                                                               
gap in Alaska  is tragic and ongoing. Far too  many students find                                                               
themselves on  the wrong side  of the achievement gap.  The state                                                               
cannot continue to  hold on to the current  education system. The                                                               
state  needs  to  be  bold.  Government-to-government  compacting                                                               
agreements providing excellent education is sorely needed.                                                                      
                                                                                                                                
DR. JOHNSON continued  with the second point,  that the character                                                               
and  conscience  of Alaskans  demands  it.  The public  education                                                               
system  began  without  the  proper  understanding,  respect  and                                                               
vision for  Alaska Native students. Thus,  the educational system                                                               
in  Alaska  has  not  had  a positive  impact  on  Alaska  Native                                                               
languages  and culture.  The state  must demonstrate  its respect                                                               
for Alaska Native  values and language by  entering into compacts                                                               
so students can  restore and revitalize what  has been diminished                                                               
by ineffective education outcomes.                                                                                              
                                                                                                                                
DR. JOHNSON said  the third point is that the  pandemic has given                                                               
the  state proof  that this  is an  appropriate path  forward. He                                                               
predicted  that when  the  history of  the  pandemic is  written,                                                               
tribes will get  credit for the care given to  all Alaskans. Many                                                               
schools remained  open all  year because  of tribal  health. Many                                                               
Native and non-Native teachers,  students and their families were                                                               
treated and vaccinated through tribal  health. Tribes have proven                                                               
that when the  state lets go of its systems  and coordinates with                                                               
tribal government,  good things can  happen for all  Alaskans, he                                                               
said.                                                                                                                           
                                                                                                                                
10:10:03 AM                                                                                                                   
SENATOR  STEVENS   remarked  that  Commissioner  Johnson   has  a                                                               
tremendous  vision for  Alaska education.  He  agreed that  being                                                               
bold is  key. Even with all  the studies the committee  has seen,                                                               
things  have  not  improved  in  smaller  villages  in  terms  of                                                               
graduation rates.  The commissioner  hit on the  important issue,                                                               
which is  to take action. He  acknowledged that it may  not work.                                                               
However,  there is  a chance  compacting will  work since  it has                                                               
worked  in  health  delivery.  According to  SB  34,  the  tribal                                                               
schools would  fall in  their own school  district and  report to                                                               
the  commissioner just  as  all districts  do.  He recalled  that                                                               
Senator Hughes commented on the  importance of serving all people                                                               
in small  communities. Chair Holland raised  the question whether                                                               
a local school might close due  to a tribal school being built in                                                               
the area. He asked Commissioner Johnson to comment.                                                                             
                                                                                                                                
10:11:53 AM                                                                                                                   
COMMISSIONER JOHNSON informed  members that STEC will  be open to                                                               
all students just  as tribal health entities  served all Alaskans                                                               
during the  pandemic. He advised  members that  effective schools                                                               
do not  put other schools  at risk. Instead,  ineffective schools                                                               
put  other  schools  at  risk,  he said.  He  noted  that  he  is                                                               
confident  that tribal  compacted  schools  will improve  student                                                               
outcomes.                                                                                                                       
                                                                                                                                
10:12:40 AM                                                                                                                   
SENATOR HUGHES remarked that ineffective  schools put students at                                                               
risk.  She asked  whether there  were any  requirements currently                                                               
imposed on schools that STEC schools would not have to meet.                                                                    
                                                                                                                                
COMMISSIONER  JOHNSON  replied  that   it  would  depend  on  the                                                               
legislation. The state and tribal  entities must work together to                                                               
determine   requirements  or   guardrails,  which   will  dictate                                                               
provisions  for STECs.  He highlighted  some things  to consider,                                                               
such as  hiring more indigenous teachers.  The compacting process                                                               
will  consider if  its  teachers  would be  subject  to the  same                                                               
training or  if they will  adhere to another  process, curriculum                                                               
or assessment.  These issues  must be  addressed before  he could                                                               
fully answer her question.                                                                                                      
                                                                                                                                
10:14:36 AM                                                                                                                   
SENATOR  HUGHES acknowledged  that dental  health therapists  and                                                               
the health  aide model do  not abide by  state law but  have been                                                               
very  successful   for  tribal  health.  She   asked  whether  he                                                               
envisioned the  possibility of developing similar  innovative and                                                               
flexible options  that are not currently  permissible under state                                                               
law. She acknowledged that the  types of certifications needed in                                                               
villages might be different.                                                                                                    
                                                                                                                                
10:15:20 AM                                                                                                                   
COMMISSINER JOHNSON emphasized that the  state needs to let go of                                                               
some of  these things. He offered  his view that there  are great                                                               
opportunities  and justification  for exploring  and pushing  the                                                               
edge of those types of requirements.                                                                                            
                                                                                                                                
10:15:50 AM                                                                                                                   
CHAIR HOLLAND held SB 34 in committee.                                                                                          

Document Name Date/Time Subjects
SJR 10 Sponsor Statement - Sen. Costello - 4.14.21.pdf SEDC 4/21/2021 9:00:00 AM
SJR 10
SJR10 Sectional Analysis Version G 4.14.21.pdf SEDC 4/21/2021 9:00:00 AM
SJR 10
SB034_TribalCompacting_Research_UAA-AK Native Studies Conference_April2013.pdf SEDC 4/21/2021 9:00:00 AM
SEDC 2/11/2022 9:00:00 AM
SB 34
SB034_TribalCompacting_Research_Case Study_EvergreenState_14August2018.pdf SEDC 4/21/2021 9:00:00 AM
SEDC 2/11/2022 9:00:00 AM
SB 34
SB034_TribalCompacting_BillText_version A.pdf SEDC 4/21/2021 9:00:00 AM
SB 34
SB034_TribalCompacting_SponsorStatement.pdf SEDC 4/21/2021 9:00:00 AM
SEDC 2/11/2022 9:00:00 AM
SJUD 3/23/2022 1:30:00 PM
SB 34
SB034_TribalCompacting_Sectional_version A.pdf SEDC 4/21/2021 9:00:00 AM
SEDC 2/11/2022 9:00:00 AM
SB 34
SB034_TribalCompacting_Research_Hirschberg_et al_Mind the Gap-Mind the Chasm.pdf SEDC 4/21/2021 9:00:00 AM
SEDC 2/11/2022 9:00:00 AM
SB 34
SB 34 Fiscal note (student achievement).pdf SEDC 4/21/2021 9:00:00 AM
SB 34
SB 34 Fiscal note (PEF).pdf SEDC 4/21/2021 9:00:00 AM
SB 34
SB 34 Fiscal note (foundation).pdf SEDC 4/21/2021 9:00:00 AM
SB 34
SB 94 SEDC Amendments.pdf SEDC 4/21/2021 9:00:00 AM
SB 94