Legislature(1997 - 1998)

03/21/1997 09:05 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                  SB  36 PUBLIC SCHOOL FUNDING                                
                                                                              
 Number 001                                                                    
                                                                               
  CHAIRMAN WILKEN  called the Senate Health, Education & Social                
 Services Committee (HES) to order at 9:05 a.m. and introduced                 
 CSSB 36(HES)  as the first order of business.                                 
                                                                               
  JOHN CYR , President of NEA-AK, informed the committee that he was           
 testifying from San Diego, California.  Mr. Cyr informed the                  
 committee of the following demographics:                                      
  34 percent of Alaskans are children                                          
  15 children commit suicide every year                                        
  85 children die of injury, homicide, suicide, unintentional                  
     injury                                                                    
  125 babies die before reaching age one                                       
  160 babies are born with fetal alcohol syndrome                              
  580 babies are born at low birth weight                                      
  600 children are admitted for inpatient psychiatric care                     
  915 babies are born to mothers with less than 12 years of                    
          education                                                            
  1,235 babies are born to teenager mothers                                    
  1,450 children will be arrested for felony offenses                          
  more than 2,000 children will drop out of school                             
  3,500 children are reported as runaways                                      
  3,700 children are abused or neglected                                       
  10,500 preschoolers live below the poverty level                             
  almost 25,000 children receive AFDC                                          
 Mr. Cyr said that all these children are in Alaska's schools.  What           
 is done with the foundation formula has a direct impact on those              
 children.  In the first year Alaska was a state, 44 percent of the            
 budget went towards education.  By 1970, that amount had dropped to           
 35 percent and in 1991 that was 17 percent.  The foundation was               
 $60,000 in 1987-88, then in 1992 the foundation unit increased to             
 $61,000.  Mr. Cyr noted that in 1996, Alaska ranked last in                   
 resource allocation towards education for all 50 states.  Alaska              
 also ranked last in aggregate salary for education employees after            
 being inflation adjusted.  There has been a 10.9 percent loss in              
 real buying power since 1985/86.  In the classroom, that results in           
 larger class sizes.  Mr. Cyr informed that committee that in his              
 last year at Wasilla High School, he had 168 children in 5 classes.           
 One cannot deliver the program needs with that many children.                 
 Alaska ranks 49 in the number of advanced placement classes offered           
 in the U.S.  Alaska pays less attention to marginal students.                 
 Alaskan schools have inadequate technology.  Schools do not have              
 academic or vocational counseling at the elementary level, there is           
 one counselor at most middle schools.  Mr. Cyr believed that the              
 children of Alaska are being done a great disservice.                         
                                                                               
 Mr. Cyr turned to the foundation formula.  He asked if the numbers            
 on the reallocation of dollars in each of the five years were                 
 available.                                                                    
                                                                               
  CHAIRMAN WILKEN  said that those numbers are being developed and             
 should be available today or the first of the week.  Chairman                 
 Wilken reminded Mr. Cyr that in years three through five, the                 
 reallocation becomes a function of the ACD study.                             
                                                                               
  JOHN CYR  calculated that over the first two years of the program,           
 Anchorage gains a little over $16 million, Fairbanks gains $5.1               
 million, Mat-Su gains $69,000 and Kenai and Juneau pick up a little           
 less than $1 million.  Mr. Cyr asked if those numbers are correct.            
  CHAIRMAN WILKEN  did not know and suggested that Mr. Cyr provide the         
 committee with his concerns about CSSB 36(HES).                               
                                                                               
  JOHN CYR  said that the equalization of funding must be based on             
 programs and not the equalization of dollars.  In fact rural                  
 dollars are being removed from rural children, for the short term             
 benefits of urban districts.  NEA-AK believes that to be a mistake.           
 Funding must also reflect the needs of students in single site                
 districts.  Mr. Cyr stated that it was unacceptable for the                   
 students of single site districts to be left political hostage                
 every year.  Full funding must come with student growth which is              
 unprecedented in Alaska.  Some mechanism must be built into the               
 foundation formula for increased renovation, research grants,                 
 incentive grants, new programs for violent students and parental              
 involvement technology.                                                       
                                                                               
 Mr. Cyr was pleased that pupil transportation was included as well            
 as the area cost differential study.  Mr. Cyr noted that Alaska has           
 experienced a 30 percent loss in buying power, inflation proofing             
 is necessary.  Oversight and auditing positions are missing from              
 this proposal; those positions would assure that education dollars            
 are being spent on education.                                                 
                                                                               
 Number 199                                                                    
                                                                               
  SENATOR WARD  believed that Mr. Cyr indicated that NEA-AK was                
 opposed to CSSB 36(HES).  Is NEA-AK opposed to or in favor of the             
 Governor's proposal or Senator Randy Phillip's proposal?  Senator             
 Ward asked if Mr. Cyr had his own proposal.   JOHN CYR  said that             
 NEA-AK was not in opposition to CSSB 36(HES) or SB 146 in its                 
 entirety.  All of the proposals have some positive aspects.  Mr.              
 Cyr informed the committee that NEA-AK liked the incentive grants             
 and Quality Schools Initiative in SB 85.  The area cost                       
 differential study is good.  Mr. Cyr suggested that the best of               
 each be packaged as one bill.  In further response to Senator Ward,           
 Mr. Cyr clarified that NEA-AK supports a number of items in this              
 bill and others as well as opposed to some of the provisions.                 
                                                                               
  SENATOR WARD  thought that Mr. Cyr indicated that the communities of         
 Anchorage, Fairbanks, Juneau, and Kenai were to receive more than             
 a fair share; is that correct?   JOHN CYR  said that it is a mistake          
 to take money from rural children.   SENATOR WARD  inquired as to how         
 much those numbers should be reduced for the various communities              
 Mr. Cyr cited.  Does NEA-AK want those allocations to be reduced?             
  JOHN CYR  replied, no.   SENATOR WARD  said that it would be helpful         
 to have suggestions regarding the allocations, if Mr. Cyr had such.           
  JOHN CYR  said it would be easy to determine the money necessary to          
 fund education across the state.                                              
                                                                               
 Number 245                                                                    
                                                                               
  SENATOR LEMAN  noted that Mr. Cyr supported the incentive grants for         
 schools while in the past incentive grants for teachers have been             
 opposed by NEA-AK.  Senator Leman asked if this was a philosophical           
 shift towards his view that teachers should be paid on performance            
 instead of encouraging mediocrity.   JOHN CYR  did not know that              
 mediocrity was being encouraged.  Mr. Cyr said that he would be               
 happy to review any concrete proposals regarding incentive grants             
 for teachers with Senator Leman.                                              
                                                                               
  SENATOR LEMAN  said that in the past, NEA-AK's opposition has been           
 rooted in who actually decides who receives the grant.  Senator               
 Leman believed that there was merit for incentive grants for                  
 schools.  Therefore, if an incentive grant is appropriate for                 
 schools it should also be for teachers.  Senator Leman urged Mr.              
 Cyr to think about this issue.                                                
  CHAIRMAN WILKEN  informed the committee that he had ran some numbers         
 in order to get a sense of the growth of the formula.  Those                  
 numbers say that the formula has grown 50.2 percent in actual                 
 dollars and the ADM has increased 23 percent during that same                 
 period.  Therefore, inflation proofing has been built in and the              
 state has kept up with inflation proofing the formula.  With                  
 regards to Mr. Cyr's comments about delivery by program, how would            
 that be accomplished?   JOHN CYR  believed that most could agree on           
 the general areas of what it takes to have a quality school which             
 makes it possible to determine the program needs of schools.  Mr.             
 Cyr informed the committee that in his last years teaching, his               
 classroom supplies consisted of a box of chalk.  Mr. Cyr suggested            
 that the costs of supplies should be reviewed in order to deliver             
 a program.                                                                    
                                                                               
  CHAIRMAN WILKEN  pointed out that the ACD study in the bill would            
 review the cost of running a school, not a school district.   JOHN            
 CYR  said that NEA-AK was on board with that.  Mr. Cyr inquired as            
 to what happens to the children when a school with less than 10               
 students is closed.  How many small schools would be closed?                  
  CHAIRMAN WILKEN  said that very few, if any schools would close, but         
 there are centralized correspondence programs within Alaska.                  
                                                                               
 Number 311                                                                    
                                                                               
  AL WEINBERG , representing the Single Site School District                   
 Consortium, appreciated the goals set forth for the revision of the           
 foundation program.  Mr. Weinberg was not convinced that this                 
 proposal was any simpler.  Equity is extremely important, but                 
 unfortunately there is no mention that school districts be provided           
 adequate funding.  Mr. Weinberg noted that a purpose statement of             
 the foundation formula as well as the proposal before the committee           
 is that the foundation formula provide an equitable level of                  
 educational opportunities.  The proposed formula takes portions of            
 other proposed formulas which means that those components may not             
 produce the same result, especially with equity.  Mr. Weinberg                
 noted that the adverse impacts occur to single site districts,                
 REAAs, and rural boroughs.  In the second year, 15 single sites               
 would face reduced funding as would 10 REAAs and 5 rural boroughs.            
 During this same time, the winner districts would receive an                  
 additional $25 million while the losers would loss about $14                  
 million.  Of the $25 million going to the winner districts, $15               
 million would be given to Anchorage and Fairbanks.  Mr. Weinberg              
 stressed that there is no assurance that the additional $15 million           
 would benefit the children in those districts because the local               
 district could reduce its local contribution.                                 
                                                                               
 Mr. Weinberg believed that the 20 percent supplemental needs factor           
 was simpler than the existing categorical funding, however it is              
 not necessarily more equitable.  For instance, the current                    
 percentage statewide in special education enrollment is 14 percent            
 while the spread ranges from 7.3 percent to 38.9 percent.  The                
 spread is even greater for bilingual education.  Mr. Weinberg                 
 pointed out that the 20 percent supplemental needs factor would not           
 eliminate the federal and state requirements that school districts            
 identify special needs students and provide appropriate programs              
 for those students.  The concern is that this may adversely effect            
 equity for the sake of simplicity.                                            
                                                                               
 Mr. Weinberg applauded the area cost differential study.  The                 
 proposed study is a bit more extensive, addressing the size factor            
 and the single site factor.  Mr. Weinberg noted that the                      
 Legislature has not accepted the results of past studies.  The                
 notion that the area cost differential be reviewed by funding                 
 community is meritorious, however the numbers to be in effect prior           
 to the study are flawed.  For example, Bristol Bay and Wales have             
 the same area cost differential as do Bethel and Lyon Village.                
 Bethel is a major river port and airport while Lyon Village is one            
 of the most remote villages in Alaska.                                        
                                                                               
 Number 401                                                                    
                                                                               
 With regard to the REAA tax, this is the most regressive tax and is           
 being imposed in may instances on the poorest in Alaska.  Mr.                 
 Weinberg did not have a problem with taxpayer equity in Alaska,               
 however this proposal does not provide such taxpayer equity.  In              
 conclusion, Mr. Weinberg hoped that the focus remain on the                   
 children and adequate and equitable funding for all children                  
 regardless of geographic location, community wealth, or political             
 influence.                                                                    
                                                                               
  SENATOR LEMAN  understood Mr. Weinberg's testimony to be that the            
 proposal before the committee was not equitable.  Senator Leman               
 asked Mr. Weinberg if he believed that everyone should participate            
 in some manner in funding a local share.   AL WEINBERG  did not have          
 a problem with that concept.  That is not occurring now in the                
 municipal districts, but there is no contribution from REAAs now.             
  SENATOR LEMAN  expressed interest in Mr. Weinberg's proposal.   AL           
 WEINBERG  identified the following as more equitable solutions:  a            
 statewide property tax including REAAs as well as municipal                   
 districts, a statewide income tax applied to all earners in Alaska,           
 and a flat school tax on all earners in Alaska.  By singling out              
 those in REAAs, the state would be requiring a tax on those                   
 citizens while not requiring a tax on citizens in municipal                   
 districts for the support of schools.  Mr. Weinberg recognized that           
 many municipal districts do levy property taxes on property owners            
 for the support of schools, but not all municipal districts do.               
  SENATOR LEMAN  pointed out that all municipal districts do                   
 participate with a local share in some way.  Senator Leman                    
 understood Mr. Weinberg to mean that in order to make the proposal            
 before the committee less regressive the tax should apply to more             
 people, but an income tax is regressive.   AL WEINBERG  clarified             
 that an income tax based on the ability to pay is typically                   
 referred to as progressive.  A tax that disproportionately takes a            
 higher percentage of income from poor people than from wealthy                
 people as would a head tax or a sales tax, is  referred to as                 
 regressive.                                                                   
                                                                               
  CHAIRMAN WILKEN  inquired as to Mr. Weinberg's thoughts about a two          
 percent tax or a tax on gross earnings that is remitted on a                  
 quarterly basis, only in REAAs.  Chairman Wilken explained that the           
 numbers show that the local contribution required from the                    
 organized areas to qualify for state need is about 15.6 percent.              
 The REAA need is about $150 million in 1996, therefore 15 percent             
 of that would result in about $24 million.  In 1995, about $475               
 million in wages was paid in the REAAs outside of organized areas.            
 If a five percent labor tax was taken on gross wages, about $23               
 million would result.  Therefore, the REAAs would end up paying               
 essentially what all the organized areas are paying.                          
                                                                               
  AL WEINBERG  did not know if it was more equitable.  The only way to         
 achieve equity is to have a statewide program that impacts all in             
 the same way.  Mr. Weinberg agreed with Chairman Wilken that there            
 are organized areas that are paying 15 percent of the local school            
 need in order to qualify for state money and there are REAAs that             
 do not pay anything to receive that same money.  Mr. Weinberg                 
 pointed out that there are those in organized areas who pay nothing           
 as well.  For example, the Denali Borough receives revenue from a             
 bed tax which is paid primarily by tourists and not the residents             
 of the borough.                                                               
                                                                               
   With regard to the issue of single sites,  CHAIRMAN WILKEN  noted           
 that there has been much discussion about cutting the budget and              
 forcing consolidation.  Chairman Wilken informed everyone that 13             
 percent of Alaska's students are in 70 percent of its school                  
 districts.  Chairman Wilken hoped that the area cost differential             
 would provide for consolidation of school districts in Alaska.                
 There are school districts that need to be consolidated and                   
 hopefully, the study will illustrate how that can be done.                    
                                                                               
 Number 503                                                                    
                                                                               
  DEBORAH VOGT , Deputy Commissioner of the Department of Revenue,             
 said that she would be discussing the tax provisions of the                   
 legislation.  Ms. Vogt understood the rationale for levying a tax             
 on a portion of Alaska.  The courts will review whether the lines             
 of distinction of a tax are rational or not.  As a former Attorney            
 General, Ms. Vogt was familiar with the standards utilized for                
 equal protection as applied to tax.  Ms. Vogt said that it was a              
 fairly lax standard.  The distinction here is for the purpose of              
 reducing an inequity and there can be some justification for this.            
 Ms. Vogt stated that the question would be whether this legislation           
 provides that equity.                                                         
                                                                               
 Ms. Vogt agreed with Mr. Weinberg that the flat employment tax is             
 a very regressive tax.  Property taxes are progressive, the tax is            
 related to the value of the property.  Although a sales tax is                
 traditionally viewed as regressive, it is related to the amount of            
 goods and services purchased.  A flat employment tax would impact             
 those without the ability to pay more than those making better                
 wages.  Ms. Vogt noted that there are ways to address this such as            
 the statewide property tax.  The oil and gas property tax is a                
 statewide tax with a credit for any municipal tax paid on that                
 property which would be possible on a statewide property tax.  Ms.            
 Vogt acknowledged that such a tax would necessitate a legion of               
 assessors, furthermore each municipality does not determine its               
 contribution in the same way.  Ms. Vogt said that a more equitable            
 tax would be a percentage of earnings.  In conclusion, Ms. Vogt               
 mentioned that the legislation exempted nonresidents.  She was                
 unsure as to this exemption because taxes generally apply to the              
 people who take advantage of the economic opportunity in places               
 where the tax is levied.  In response to Chairman Wilken, Ms. Vogt            
 said that was located on page 23, line 28.                                    
                                                                               
  CHAIRMAN WILKEN  held CSSB 36(HES) and informed the committee that           
 SB 146 would be before the committee Monday, but there would not be           
 any public testimony.                                                         

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