Legislature(1999 - 2000)
04/10/2000 01:50 PM Senate HES
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* first hearing in first committee of referral
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HB 191-CHARTER SCHOOLS
SENATOR WILKEN moved to adopt Version X of HB 191 as the working
draft of the committee.
CHAIRMAN MILLER objected for the purpose of discussion.
SENATOR WILKEN explained the changes made in Version X. On page
2, lines 11 and 12, of the previous version (Version W) the
words, "including the itemized cost of administrative and other
services to be provided" were deleted. Also, on lines 27 through
31, the following provision was deleted:
a clause providing that the charter school's budget shall be
increased to reflect operating cost savings achieved by the
charter school; in this paragraph, "operating cost savings"
means the estimated value of educational or related services
provided by the district to all schools in the district that
are not provided to the charter school;
The effect of that removal is to minimize the discussion that
will occur on an annual basis among the local school boards and
the charter school advocates. He believes that discussion will
create a conflict. Requiring school districts to reflect
operating cost savings means they will have to set up new
accounting systems for a relatively few amount of students.
Senator Wilken said that provision will set up an ongoing
conflict between charter school advocates and the local school
boards because those terms are nebulous. Version X will
eliminate that conflict.
SENATOR WILKEN noted the third change occurred on page 3. Lines
8 through 13 of Version W was deleted. Local school boards were
mandated by law in 1995, and in the education rewrite in 1998, to
fund charter schools at a minimum level. The provision that was
removed tells the school board what it shall allocate to charter
schools - a decision that is a function of the elected community
officials and a function of the contract negotiated under
statute. It sets charter schools apart from other schools,
including alternative schools. Senator Wilken said he objects to
the legislature telling school districts how to fund charter
schools.
SENATOR WILKEN noted the charter school issue was set forth with
a set of agreements about how they would be operated in 1995.
The funding level was also agreed to. HB 191 attempts to change
those agreements. Version X contains some provisions that are
important to the sponsor: it increases the allowable number of
charter schools to 60; it removes the geographical restriction;
and it allows charter schools to operate in public buildings that
do not meet fire codes for public schools as long as the fire
marshal's approval is obtained.
SENATOR WILKEN repeated his motion to move Version X as the
working document of the committee.
SENATOR PETE KELLY asked Senator Wilken for a recap of what
Version X will do.
SENATOR WILKEN said two provisions bother him most and those
provisions revolve around the fact that school boards in Alaska
are made up of elected officials who are responsible for the
education of K-12 in their local areas. School board members are
the voice of the people. The charter school experiment was set
forth in statute in 1995 but, now, because some charter schools
feel they've been slighted, they are now coming to the
legislature to change the charter school system rather than going
to their local elected officials to make the changes. In this
time of tight funds, the legislature is being asked to spend more
money on a fewer amount of children. He believes that is a
decision to be made by the local elected officials. The funding
component requires school districts to give a certain amount of
money to charter schools. That amount should be decided by local
school boards. The second bothersome component is the nebulous
accounting method that is required as it will create tension
every year between charter school advocates and the people who
are responsible for all K-12 students in the district. That
tension will not be productive for the district.
SENATOR PETE KELLY asked if Version X eliminates, and does not
make adjustments to, the funding and accounting provisions in
Version W.
SENATOR WILKEN replied yes, but Version X contains everything
else.
Number 598
REPRESENTATIVE DYSON, sponsor of HB 191, noted the same issues
were discussed on the House side. He stated that when the
charter school legislation was passed in 1995, it was viewed by
some of the experts in this area as the weakest charter school
bill in the nation. Several legislators said, at the time, that
it would need to be revisited because charter schools would never
survive with that legislation. Some considered that legislation
to be a cruel hoax because it gave false hope that parent-
directed schools could make it. The charter school issue is at a
nexus: charter schools either need more assistance or they will
fold.
REPRESENTATIVE DYSON said nothing in Version W changes the fact
that school boards will remain in control. The process is not
one of negotiation; Version W only "opens up the books" so that
discussions can go forward. The charter school advocates are
coming to the local government with nothing to negotiate. They
are supplicants only. The issue of the local contribution has
been controversial. His reading of the 1995 law is that the
legislature intended that each charter school would get their
fair share of all of the allocations - federal, state and local
money. There is some evidence that some school districts do not
feel they need to give the charter schools any portion of the
local contribution over four mils. Version W makes clear that
charter school students should get treated like any other
students and that they receive the same allocation of the local
contribution over four mils.
REPRESENTATIVE DYSON noted the section that deals with estimated
cost only says if the charter school saves the school district
money because the district does not have to provide it with the
same services, then the charter school will have a chance to
receive that money. For example, if the charter school does not
require snow plowing services and saves the district money, then
the charter school can get that money. The language on page 2,
lines 11 and 12, does not really require anything different than
what the law already says. It only asks for some itemization.
Some school districts claim that they do not have that
information but Commissioner Cross of the Department of Education
believes they do, and that if they do not, they should have it.
He repeated that Version W does not change local control.
SENATOR ELTON stated support for Version X because it liberalizes
some provisions, such as contract duration, lifts the
geographical component, and lifts the cap on the number of
schools. He, like Senator Wilken, is bothered by the provision
that tells local school districts how they must deal with charter
schools. What he finds particularly offensive is the provision
that allocates the specific local contribution. He agrees with
Senator Wilken that that provision sets a floor and a ceiling and
gives the local districts no latitude at all. He believes those
kinds of decisions are best made at the local level rather than
at the legislative level. That will put in law a special
provision for charter schools that is not available for public
schools.
CHAIRMAN MILLER noted that objection was maintained to the
adoption of Version X so a roll call vote was taken. The motion
to adopt Version X failed with Senators Pete Kelly, Pearce, and
Miller voting "nay," and Senators Wilken and Elton voting "yea."
CHAIRMAN MILLER stated that Version W was before the committee.
SENATOR ELTON moved to amend Version W by deleting Section 4 on
page 3 which reads as follows.
Sec. 4. AS 14.03.260 is amended by adding a new subsection to
read:
(e) In addition to the amount provided to an approved
charter school in the annual program budget under (a) of
this section, a charter school budget must include an
allocation equal to the amount determined by dividing the
amount of local revenues contributed under AS 14.17.410(c)
by the average daily membership of the district and
multiplying that number by the average daily membership of
the charter school.
The motion to delete Section 4 carried with Senators Elton,
Wilken, and Pete Kelly voting "yea," and Senators Pearce and
Miller voting "nay."
SENATOR PEARCE moved SCSHB 191(HES) from committee with
individual recommendations.
SENATOR WILKEN objected. The motion to move SCSHB 191(HES) out
of committee carried with Senators Elton and Wilken voting "nay,"
and Senators Pearce, Pete Kelly, and Miller voting "yea."
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