Legislature(2015 - 2016)BUTROVICH 205

04/14/2015 03:30 PM EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 84 LANG. IMMERSION SCHOOLS/TEACHER CERTS. TELECONFERENCED
Heard & Held
*+ SB 102 UNFUNDED ED. MANDATES;TRAINING; TEACHERS TELECONFERENCED
Heard & Held
*+ SB 37 SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS TELECONFERENCED
Heard & Held
        SB 102-UNFUNDED ED. MANDATES; TRAINING; TEACHERS                                                                    
                                                                                                                                
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration of SB 102.                                                                                                        
                                                                                                                                
4:50:08 PM                                                                                                                    
SHEILA PETERSON, Staff, Senator  Mike Dunleavy, introduced SB 102                                                               
on behalf of  the sponsor. She said it is  a collaborative effort                                                               
between many  people and  a response  to school  districts' pleas                                                               
for relief from unfunded mandates.                                                                                              
                                                                                                                                
She provided the following sectional analysis:                                                                                  
                                                                                                                                
     Section 1.  Limits AS 14.03.073, which  allows students                                                                    
     to  challenge  courses for  credit,  to  apply only  to                                                                    
     students in grades nine through 12.                                                                                        
                                                                                                                                
     Section 2. Clarifies that school  districts do not have                                                                    
     to establish  assessment tools for all  courses offered                                                                    
     in grades nine through 12.                                                                                                 
                                                                                                                                
     Section 3.  Requires the state  Board of  Education and                                                                    
     Early  Development  (the  board) to  adopt  regulations                                                                    
     that  include a  list  of  approved organizations  that                                                                    
     offer assessment  tools meeting the requirements  of AS                                                                    
     14.03.075(b).                                                                                                              
                                                                                                                                
SENATOR  GARDNER  suggested only  providing  a  list of  approved                                                               
assessment tools because an organization  might provide both good                                                               
and poor assessments.                                                                                                           
                                                                                                                                
MS. PETERSON said they  may want to look at that  to see if there                                                               
might  be  a better  term  to  use.  The  intent is  that  school                                                               
districts would not need to do independent research to find the                                                                 
best assessment tools, nor create their own assessment tool.                                                                    
                                                                                                                                
     Section  4. Requires  the Department  of Education  and                                                                    
     Early  Development  (the   department)  to  provide  an                                                                    
     annual  report  that  includes   a  summary  of  school                                                                    
     district  revenues  and   estimated  funding  for  each                                                                    
     school district. The intent is  to put the "five-pager"                                                                    
     information on the web.                                                                                                    
                                                                                                                                
SENATOR GARDNER asked if this document already exists and the                                                                   
bill would require it to be published on the web.                                                                               
                                                                                                                                
MS. PETERSON said yes.                                                                                                          
                                                                                                                                
     Section  5.   Requires  the  board,   before  adopting,                                                                    
     amending,  or  repealing  a regulation,  to  prepare  a                                                                    
     fiscal  note estimating  the effect  of  the action  on                                                                    
     school district budgets for the next fiscal year.                                                                          
                                                                                                                                
     Section   6.  Requires   regional   school  boards   to                                                                    
     establish procedures  to provide required  training for                                                                    
     school employees.                                                                                                          
                                                                                                                                
     Section 7.  Requires borough and city  school boards to                                                                    
     establish procedures  to provide required  training for                                                                    
     school employees.                                                                                                          
                                                                                                                                
     Section 8.  Requires the board to  establish procedures                                                                    
     for training employees of state boarding schools.                                                                          
                                                                                                                                
SENATOR HUGGINS asked which training programs are not included.                                                                 
                                                                                                                                
MS. PETERSON said the intent was to include all training                                                                        
programs, however, suicide training wasn't included because it                                                                  
sunsets in 2016; it may be put back in.                                                                                         
                                                                                                                                
SENATOR HUGGINS said he was asking whether some school districts                                                                
weren't included.                                                                                                               
                                                                                                                                
MS. PETERSON replied she didn't believe so.                                                                                     
                                                                                                                                
SENATOR GARDNER asked for the reason behind the five-year cycle.                                                                
                                                                                                                                
4:59:11 PM                                                                                                                    
MS. PETERSON said the five-year cycle was recommended by a                                                                      
variety of organizations and it seemed reasonable.                                                                              
                                                                                                                                
SENATOR STEVENS added that a district could include additional                                                                  
training programs if they wished to.                                                                                            
                                                                                                                                
MS. PETERSON agreed. It allows for flexibility within the school                                                                
districts.                                                                                                                      
                                                                                                                                
     Section  9. Allows  school districts  to determine  how                                                                    
     frequently to provide training  related to selection of                                                                    
     nondiscriminatory textbook and educational materials.                                                                      
                                                                                                                                
     Section 10.  Allows school  districts to  determine how                                                                    
     frequently to provide  employee evaluation training for                                                                    
     certificated school employees.                                                                                             
                                                                                                                                
     Section  11. Allows  a school  district to  implement a                                                                    
     layoff plan for tenured  teachers without a decrease in                                                                    
     school  attendance   or  a   decrease  in   the  school                                                                    
     district's basic need.                                                                                                     
                                                                                                                                
SENATOR GARDNER asked if the layoff plan is needed because there                                                                
isn't enough funding to retain the tenured teachers.                                                                            
                                                                                                                                
MS. PETERSON said this idea came from one school district that                                                                  
was unable to implement the layoff plan.  Responding to a                                                                       
further question, she said it was the Mat-Su School District.                                                                   
                                                                                                                                
     Section 12.  Allows a school district  to determine how                                                                    
     frequently   to  provide   alcohol  and   drug  related                                                                    
     disabilities    training     for    school    teachers,                                                                    
     administrators, counselors, and specialists.                                                                               
                                                                                                                                
     Section 13.  Allows school  districts to  determine how                                                                    
     frequently to provide school crisis response training.                                                                     
                                                                                                                                
     Section  14. Requires  continuing education  related to                                                                    
     domestic  violence and  sexual assault  to be  provided                                                                    
     once  every  five  years  for  state  or  local  public                                                                    
     employees.                                                                                                                 
                                                                                                                                
     Section  15.  Requires  the  department  to  prepare  a                                                                    
     fiscal  note  describing  the  effect   of  a  bill  or                                                                    
     resolution  on each  school district  in the  state, if                                                                    
     the bill or resolution would affect schools.                                                                               
                                                                                                                                
     Section 16.  Requires agencies  to describe  the effect                                                                    
     of a  proposed action  on each  school district  in the                                                                    
     state, if the proposed action will affect schools.                                                                         
                                                                                                                                
     Section  17. Modifies  state agency  training intervals                                                                    
     for  recognition  and  reporting  of  child  abuse  for                                                                    
     mandatory  reporters of  child  abuse  and neglect  and                                                                    
     allows school districts to  determine how frequently to                                                                    
     provide the training.                                                                                                      
                                                                                                                                
     Section  18.  Repeals  AS 14.17.520,  relating  to  the                                                                    
     minimum  expenditure   for  instruction   required  for                                                                    
     school districts.                                                                                                          
                                                                                                                                
5:06:42 PM                                                                                                                    
SENATOR STEVENS expressed concern with  the clause in Section 18.                                                               
He thought it  was reasonable that 70 percent of  school funds go                                                               
to instruction  and 30  percent to  administration. It  is saying                                                               
the established educational goals aren't valuable.                                                                              
                                                                                                                                
MS. PETERSON  said the waiver request  is mostly due to  fuel and                                                               
maintenance costs.                                                                                                              
                                                                                                                                
5:08:57 PM                                                                                                                    
ELIZABETH  NUDELMAN,  Director,  School  Finance  and  Facilities                                                               
Section, Department  of Education  and Early  Development (DEED),                                                               
answered questions related to SB 102.                                                                                           
                                                                                                                                
CHAIR DUNLEAVY  asked if the superintendent's  salary is included                                                               
in the 70 percent.                                                                                                              
                                                                                                                                
MS. NUDELMAN answered no. Included  in the 70 percent calculation                                                               
are five  categories of instruction.  There are  three categories                                                               
of non-instruction.                                                                                                             
                                                                                                                                
CHAIR DUNLEAVY asked if most schools  that apply for a waiver are                                                               
rural schools.                                                                                                                  
                                                                                                                                
MS.  NUDELMAN  replied  that  many are  rural.  Responding  to  a                                                               
further question, she explained that  some have a road system and                                                               
are categorized as rural.                                                                                                       
                                                                                                                                
CHAIR DUNLEAVY said  the concern was that 70/30 should  be a tool                                                               
for   funneling  money   to  instruction.   He   asked  for   the                                                               
department's opinion on  the 70/30 and whether a  waiver has ever                                                               
been denied.                                                                                                                    
                                                                                                                                
MS. NUDELMAN explained that the waivers  go to the State Board of                                                               
Education  and zero  waivers  have been  denied  over the  years.                                                               
Sometimes  districts  have  been asked  to  explain  expenditures                                                               
outside of instruction.                                                                                                         
                                                                                                                                
SENATOR STEVENS asked  what controls there would be  if the 70/30                                                               
split is removed.                                                                                                               
                                                                                                                                
MS. NUDELMAN replied  that those decisions are made  at the local                                                               
level. The  split provides an  opportunity for the Board  to hear                                                               
from districts that are not able to meet those percentages.                                                                     
                                                                                                                                
5:13:57 PM                                                                                                                    
SENATOR  HUGGINS  recalled  that   in  the  five  largest  school                                                               
districts about 90 percent is spent on salary and benefits.                                                                     
                                                                                                                                
MS. NUDELMAN agreed that has been a reference number.                                                                           
                                                                                                                                
SENATOR  HUGGINS recalled  that  the superintendent  at Adak  was                                                               
paid for several years after the school shut down.                                                                              
                                                                                                                                
CHAIR DUNLEAVY  noted that in rural  Alaska instructional dollars                                                               
had to  be used  for teacher  housing. He asked  if they  have to                                                               
prove why they're asking for a waiver.                                                                                          
                                                                                                                                
MS. NUDELMAN  said even without  the requirement for  the waiver,                                                               
the  department  has  a  statutory   requirement  to  review  the                                                               
operating budgets  for reasonableness. Additionally, if  a waiver                                                               
is  requested  they  look  at  the  reasons  to  see  if  they're                                                               
supported by facts.                                                                                                             
                                                                                                                                
5:17:56 PM                                                                                                                    
SENATOR STEVENS suggested taking fuel  oil out of the equation if                                                               
it's the biggest problem and the  goal is to ease the pressure on                                                               
small school districts.                                                                                                         
                                                                                                                                
CHAIR DUNLEAVY  asked if the  department has taken a  position on                                                               
this section addressing the 70/30 rule.                                                                                         
                                                                                                                                
LES  MORRIS, Deputy  Commissioner,  Department  of Education  and                                                               
Early Development  (DEED), answered questions related  to SB 102.                                                               
He said several years ago the  Board asked that the 70/30 rule be                                                               
repealed, and then changed their  minds after learning more about                                                               
it.  There  have  been  varying  positions  over  time,  but  the                                                               
department hasn't taken a position on this recently.                                                                            
                                                                                                                                
CHAIR DUNLEAVY concluded  that SB 102 is a  result of discussions                                                               
with school  districts and  he views  it as a  tool to  help give                                                               
school districts breathing  room so they can teach  kids. He used                                                               
several analogies to make his point.                                                                                            
                                                                                                                                
SENATOR  GARDNER asked,  in  the  70/30 rule,  what  part of  the                                                               
application process  would go  away if schools  still have  to do                                                               
the accounting.                                                                                                                 
                                                                                                                                
MS. NUDELMAN said they would no  longer need to write a letter to                                                               
the Board explaining why they're below the 70 percent.                                                                          
                                                                                                                                
SENATOR GARDNER  countered that the bookkeeping  would remain the                                                               
same.                                                                                                                           
                                                                                                                                
MS. NUDELMAN said correct.                                                                                                      
                                                                                                                                
CHAIR DUNLEAVY  noted the $1.2  million fiscal note. He  asked if                                                               
there was  a fiscal note  to implement the mandates  discussed in                                                               
the bill.                                                                                                                       
                                                                                                                                
MS. NUDELMAN  explained that  the fiscal note  is related  to the                                                               
language  in Section  4 and  applies to  the department,  not the                                                               
unfunded mandates. It relates to  the department providing a tool                                                               
on  the website  with raw  data  and formulas  to manipulate  and                                                               
estimate the  foundation program  funding. There is  a difference                                                               
between  providing  a detailed  report  (the  five-pager), and  a                                                               
calculating tool, which is not currently available.                                                                             
                                                                                                                                
MR. MORRIS noted there are two fiscal notes.                                                                                    
                                                                                                                                
CHAIR DUNLEAVY said this bill  will require ongoing conversations                                                               
and meetings on unfunded mandates throughout the Interim.                                                                       
                                                                                                                                
CHAIR DUNLEAVY held SB 102 in committee.                                                                                        

Document Name Date/Time Subjects
1. SB 37 Legislation.pdf SEDC 4/14/2015 3:30:00 PM
SB 37
2. SB 37 Fiscal Note.pdf SEDC 4/14/2015 3:30:00 PM
SB 37
3. CS for SB 37 - Legislation.pdf SEDC 4/14/2015 3:30:00 PM
SB 37
4. CS for SB 37 Sponsor Statement.pdf SEDC 4/14/2015 3:30:00 PM
SB 37
5. CS for SB 37 - Explanation of Changes.pdf SEDC 4/14/2015 3:30:00 PM
SB 37
6. CS for SB 37 - Sectional Analysis.pdf SEDC 4/14/2015 3:30:00 PM
SB 37
1. SB 84 Legislation.pdf SEDC 4/14/2015 3:30:00 PM
SB 84
2. SB 84 Sponsor Statement.pdf SEDC 4/14/2015 3:30:00 PM
SB 84
3. SB 84 Sectional Analysis.pdf SEDC 4/14/2015 3:30:00 PM
SB 84
4. SB 84 Fiscal Note.pdf SEDC 4/14/2015 3:30:00 PM
SB 84
5. SB 84 Support Letter.pdf SEDC 4/14/2015 3:30:00 PM
6. SB 84 Research.pdf SEDC 4/14/2015 3:30:00 PM
SB 84
7. SB 84 supporting documents- Navajo Nation.pdf SEDC 4/14/2015 3:30:00 PM
SB 84
8. SB 84 Utah Immersion Prog.pdf SEDC 4/14/2015 3:30:00 PM
SB 84
SB 102 Legislation.pdf SEDC 4/14/2015 3:30:00 PM
SB 102
SB 102 Sponsor Statement.pdf SEDC 4/14/2015 3:30:00 PM
SB 102
SB 102 Sectional Analysis.pdf SEDC 4/14/2015 3:30:00 PM
SB 102
SB 102 Fiscal Note School Finance.pdf SEDC 4/14/2015 3:30:00 PM
SB 102
SB 102 Fiscal Note Teaching Learning.pdf SEDC 4/14/2015 3:30:00 PM
SB 102