Legislature(1997 - 1998)

04/08/1997 03:05 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                HOUSE HEALTH, EDUCATION AND SOCIAL                             
                    SERVICES STANDING COMMITTEE                                
                           April 8, 1997                                       
                             3:05 p.m.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Con Bunde, Chairman                                            
 Representative Joe Green, Vice Chairman                                       
 Representative Al Vezey                                                       
 Representative Brian Porter                                                   
 Representative Fred Dyson                                                     
 Representative J. Allen Kemplen                                               
 Representative Tom Brice                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 * SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 148                                   
 "An Act relating to the public school funding program; relating to            
 the definition of a school district, to the transportation of                 
 students, to school district layoff plans, to the special education           
 service agency, to the child care grant program, and to compulsory            
 attendance in public schools; and providing for an effective date."           
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 148                                                                 
 SHORT TITLE: SCHOOL FUNDING ETC./ CHILD CARE GRANTS                           
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 02/18/97       382    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/18/97       382    (H)   HES, FINANCE                                      
 04/04/97       988    (H)   SPONSOR SUBSTITUTE INTRODUCED-                    
                             REFERRALS                                         
 04/04/97       988    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/04/97       989    (H)   HES, FINANCE                                      
 04/08/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 DR. JOHN G. AUGENBLICK, President                                             
 Augenblick & Myers                                                            
 621 17th Street, Suite 730                                                    
 Denver, Colorado  80293                                                       
 Telephone:  (303) 293-2175                                                    
 POSITION STATEMENT:  Testified on HB 148                                      
                                                                               
 EDDY JEANS, Manager                                                           
 School Finance Section                                                        
 Department of Education                                                       
 801 West 10th Street, Suite 200                                               
 Juneau, Alaska  99801-1894                                                    
 Telephone:  (907) 465-2891                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 SUSAN HOPE                                                                    
 P.O. Box 842                                                                  
 Barrow, Alaska  99723                                                         
 Telephone:  (907) 852-4734                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 NANCY NICOLOS                                                                 
 P.O. Box 385                                                                  
 Barrow, Alaska  99723                                                         
 Telephone:  (907) 852-2162                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 WALTER COOK, President                                                        
 Barrow School Advisory Council                                                
 P.O. Box 1057                                                                 
 Barrow, Alaska  99723                                                         
 Telephone:  (907) 852-4778                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 ROSEMARY REEDER, Coordinator                                                  
 Soldotna Community School                                                     
 Lead Coordinator, Kenai Peninsula Borough School District                     
 426 West Redoubt Avenue                                                       
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-6768                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 CARL ROSE, Lobbyist                                                           
 Association of Alaska School Boards                                           
 316 West 11th Street                                                          
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-1083                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 JOHN CYR, President                                                           
 National Education Association of Alaska, (NEA-Alaska)                        
 114 Second Street                                                             
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-3090                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 LELAND DISHMAN                                                                
 North Slope Borough School District                                           
 P.O. Box 169                                                                  
 Barrow, Alaska  99723                                                         
 Telephone:  (907) 852-5311                                                    
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 JOHN HOLST, Superintendent                                                    
 Sitka School District                                                         
 P.O. Box 179                                                                  
 Sitka, Alaska  99835                                                          
 Telephone:  (907)  747-8622                                                   
 POSITION STATEMENT:  Testified on CSSSHB 148(HES)                             
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-26, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN CON BUNDE called the House Health, Education and Social              
 Services Standing Committee meeting to order at 3:05 p.m.  Members            
 present at the call to order were Representatives Bunde, Porter,              
 Dyson, Kemplen and Brice.  Representative Vezey arrived at 3:10               
 p.m. and Representative Green arrived at 3:32 p.m.  This meeting              
 was teleconferenced to Barrow, Kenai, Valdez and an offnet site.              
                                                                               
 SSHB 148 SCHOOL FUNDING ETC./ CHILD CARE GRANTS                               
                                                                               
 Number 0020                                                                   
                                                                               
 CHAIRMAN BUNDE announced the first item on the agenda was SSHB 148,           
 "An Act relating to the public school funding program; relating to            
 the definition of a school district, to the transportation of                 
 students, to school district layoff plans, to the special education           
 service agency, to the child care grant program, and to compulsory            
 attendance in public schools; and providing for an effective date."           
 He said Dr. John Augenblick would join the committee via                      
 teleconference.  Dr. Augenblick assisted the Alaska Board of                  
 Education when they put together the foundation formula rewrite.              
 He is a nationally known consultant, based in Denver, who has                 
 assisted state Departments of Education in Alabama, Alaska, Maine,            
 Minnesota and Ohio.  Eddy Jeans, Manager of School Finance,                   
 Department of Education, was also scheduled to testify.  The chair            
 wanted to walk the committee and the audience through the bill and            
 then have Dr. Augenblick and Mr. Jeans address any questions.  He             
 referred to a committee substitute, version O-LSO605\B.                       
                                                                               
 Number 0233                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER made a motion to adopt the committee              
 substitute, version O-LSO605\B.  There being no objection, proposed           
 CSSSHB 148(HES) was before the committee.                                     
                                                                               
 Number 0246                                                                   
                                                                               
 DR. JOHN G. AUGENBLICK, President, Augenblick & Myers, testified              
 next via teleconference from an offnet site.                                  
                                                                               
 Number 0293                                                                   
                                                                               
 CHAIRMAN BUNDE explained that a number of people have been                    
 concerned about a rewrite of the foundation formula.  The                     
 committee's goal is to try to simplify the formula so that the                
 general public has a bit more ownership; so that they can see the             
 connection between students and dollars as well as making sure that           
 state funding supporting education is distributed fairly.  He asked           
 Dr. Augenblick to begin with Section 1 and walk the committee                 
 through the bill.                                                             
                                                                               
 Number 0367                                                                   
                                                                               
 DR. AUGENBLICK stated that this bill does what many other states              
 are also trying to do; providing an adequate and equitable amount             
 of money for education.  This goal is tricky and there is a lot of            
 disagreement about how best to achieve it.  He supported this bill            
 because its approach takes advantage of the best knowledge, based             
 on experiences around the country, of how this ought to work.                 
 Section 1 says funding will be provided to the school districts               
 based on the number of pupils that they enroll.  These students are           
 enrolled in the district to be served as opposed to alternative               
 ways of counting those students.  In addition, language suggests              
 that these pupils will be counted in a variety of different ways to           
 reflect the various costs that we expect the school districts will            
 face in serving them.  These costs involve things found in other              
 states, plus some unique costs related to Alaska.                             
                                                                               
 DR. AUGENBLICK explained that the language defines what extra money           
 will be available to students who participate in special education.           
 Additional money is provided to those students participating in the           
 gifted and talented programs.  Additional money is also provided              
 based on characteristics of individual communities based on the               
 knowledge of what costs are likely to be incurred.  The need for an           
 additional study is expressed in the bill.  This study would help             
 set more accurate numbers, which might be used in future years.               
                                                                               
 Number 0543                                                                   
                                                                               
 CHAIRMAN BUNDE confirmed that Dr. Augenblick was referring to the             
 area cost differential.  All the iterations of the foundation                 
 rewrites - the Senate versions, the Governor's bill and CSSSHB
 148(HES) - address updating the area cost differential.  Senator              
 Wilken announced this morning that this study is a crap shoot.  The           
 state will commission a study and then the state will have to live            
 by the results; there might be winners and losers, but there are no           
 preconceived notions going into the study.                                    
                                                                               
 Number 0590                                                                   
                                                                               
 DR. AUGENBLICK expressed that he likes to think this creates place            
 holders for factors that are yet to be developed.  The place                  
 holders have numbers assigned to them based on prior history.  He             
 expected that the numbers produced, in the future, will be somewhat           
 different but probably not terribly different.  He didn't feel the            
 risk to be so terrible that it should stop the legislature from               
 moving ahead with legislation.  A big shift is being made in                  
 education, a shift that most other states have made.  This shift              
 goes from a unit based funding system, units of children, to one              
 that is student based.  This shift represents a trend that almost             
 every state has followed.  Certainly no state has gone the opposite           
 way; from a per student approach to a unit approach.                          
                                                                               
 DR. AUGENBLICK stated that Wyoming was found to be unconstitutional           
 a year or so ago in their funding mechanism.  In June, the Wyoming            
 legislature will meet and talk about making the shift to per                  
 student funding.  Other states have made this kind of change in the           
 past few years.  Nebraska, Louisiana, Mississippi have made this              
 shift.  Most states have found it to be productive.  Provided that            
 Alaska does what is included in this bill; to recognize that on one           
 hand you want to treat every student as if they are the same, but             
 to also recognize those students have different needs based on                
 their own characteristics.  Some students participate in programs             
 which are more expensive than the regular programs such as live-in            
 programs where the cost is higher.  This bill tends to address all            
 of those things, it does it appropriately.                                    
                                                                               
 DR. AUGENBLICK said, like legislation in other states, this bill              
 defines the foundation program.  The bill has an expectation that             
 school districts should have a certain amount of revenue based on             
 the numbers of students they serve and on the characteristics of              
 those students.  The bill also expects local school districts to              
 make a contribution.  He added that other states have also included           
 this provision.  Education is not a fully funded state system,                
 there is an expectation that local school districts will make a               
 contribution.  The contribution by the local school districts is              
 defined in the bill, with a little change over time.                          
                                                                               
 Number 0771                                                                   
                                                                               
 DR. AUGENBLICK stated the other thing that this bill does is to               
 protect the school districts during the transition.  If the school            
 found they would get less money under this formula than they might            
 have received under the current formula, then the bill says that              
 the school will be protected in the short term.  After five years             
 of this protection that money will not be provided, the school                
 districts will be on the formula as defined in the bill.  This is             
 a procedure which other states have used, they recognized that it             
 is unfair to expect the school district to be able to respond                 
 immediately to the kind of change this bill creates.  However, the            
 expectation is that the school district will be able to make this             
 change in just a few years.  From his perspective, this is a well             
 designed bill.  This bill is consistent with the best practices of            
 other states, philosophically it is strong.  One way in which to              
 evaluate the bill is by its impact on individual school districts             
 and communities.  The legislature will have to determine its impact           
 in order to feel comfortable with the results.  Every other state             
 has gone through the same process.                                            
                                                                               
 Number 0872                                                                   
                                                                               
 DR. AUGENBLICK said a bill like this needs to have a strong                   
 philosophical underpinning, there has to be a reason why it does              
 what it does.  He felt this bill had this strong philosophical                
 underpinning.  Secondly, this bill had to be supported by technical           
 work of the sort that the Department of Education (DOE) has done so           
 that the numbers which drive the formula are based on the best                
 knowledge that we have of what works in Alaska.  Finally, the bill            
 has to pass a political test which is based on the legislative                
 judgement.  The legislature has to decide whether or not the                  
 philosophy is good and the technical work is strong so that the               
 political work can be done to see that it happens.                            
                                                                               
 Number 0920                                                                   
                                                                               
 DR. AUGENBLICK felt it was a well designed bill.  Other states do             
 many pieces of this bill.  The bill is unique in that it considers            
 factors specific to Alaska.                                                   
                                                                               
 Number 0943                                                                   
                                                                               
 EDDY JEANS, Manager, School Finance Section, Department of                    
 Education, addressed the issue of area cost differentials.  He said           
 CSSSHB 148(HES) assigns area cost differentials at a funding                  
 community level.  When area cost differentials are studied, the DOE           
 will consider the cost of operating a school.  Currently the                  
 foundation area cost differentials are assigned to a school                   
 district and reflect the cost of operating in a district.  He                 
 explained that CSSSHB 148(HES) takes the 23 differentials in                  
 statute and recommends that they be reduced down to seven.                    
                                                                               
 Number 0993                                                                   
                                                                               
 CHAIRMAN BUNDE addressed the past concept of funding communities              
 and the proposed concept of funding schools.  He thought that if              
 the state is going to have area cost differentials based on each              
 school, there would be more area cost differentials.                          
                                                                               
 Number 1015                                                                   
                                                                               
 MR. JEANS answered that there are fewer variables.  Currently there           
 are 23 variables and CSSSHB 148(HES) would reduce it down to seven            
 variables.                                                                    
                                                                               
 Number 1027                                                                   
                                                                               
 CHAIRMAN BUNDE referred to page 5, line 30, this language suggests            
 that students be counted on October 15, every year.  He asked if              
 there was an advantage or disadvantage to counting more than once             
 a year.                                                                       
                                                                               
 Number 1049                                                                   
                                                                               
 DR. AUGENBLICK stated that this issue needs to be addressed by the            
 legislature.  More and more states have moved away from a system of           
 counting students every day.  People found this task burdensome and           
 did not create a significantly more accurate number than just                 
 counting students once a year.  Some states have a system where               
 they do a student count two or three times during the year.  Over             
 the course of a year, the student count changes enough that it is             
 appropriate to do it more than once.  Typically the second semester           
 has a lower number.  Counting one time in the fall might result in            
 more students being counted then actually are being served                    
 throughout the school year.  The only adjustment he suggested would           
 be to do a student count two, three or maybe four times.  He                  
 certainly would not suggest counting more than four times.                    
                                                                               
 Number 1121                                                                   
                                                                               
 MR. JEANS referred to that section of the statute dealing with                
 student count estimates.  These estimates are used by the DOE to              
 prepare the foundation budget, they are not the numbers on which              
 the actual foundation payments are based.  The foundation payments            
 are based on an actual student count occurring on the fourth Friday           
 in October.                                                                   
                                                                               
 Number 1146                                                                   
                                                                               
 CHAIRMAN BUNDE commented that in his experience, in the urban                 
 settings where people are more transient, the student population is           
 lower in the spring than it is in the fall.  He didn't intend to              
 suggest that the students should be counted every day.  He proposed           
 a count in the fall and a count in the spring.                                
                                                                               
 Number 1167                                                                   
                                                                               
 MR. JEANS directed the members' attention to page 8, which requires           
 a count on the 20th day in October and an optional count on the               
 second Friday in February which is also a 20 day count.  These                
 counts are consistent with the current statute.  He referred back             
 to the projections and said that districts have indicated that the            
 October 15th date is difficult to meet.  The schools would prefer             
 to wait until they completed the current year count to provide DOE            
 with estimates for the next year.                                             
                                                                               
 MR. JEANS continued that delaying the count would be a problem for            
 DOE because of budgeting time constraints, but the department could           
 work with this issue.  He reiterated that there is a required count           
 in October and an optional count in February if it provides the               
 school with additional revenue.                                               
                                                                               
 Number 1201                                                                   
                                                                               
 CHAIRMAN BUNDE clarified that the schools count twice, but if it is           
 to the school's advantage they only list their count once.                    
                                                                               
 Number 1231                                                                   
                                                                               
 MR. JEANS verified that the schools count twice if it is to their             
 advantage.                                                                    
                                                                               
 Number 1239                                                                   
                                                                               
 CHAIRMAN BUNDE asked why there was an option of only counting once.           
                                                                               
 Number 1242                                                                   
                                                                               
 MR. JEANS answered that some school districts will see an increase            
 in enrollment and this second count provides them with an                     
 opportunity to receive additional funding.                                    
                                                                               
 Number 1253                                                                   
                                                                               
 CHAIRMAN BUNDE referred to page 7, starting at line 8, the                    
 percentage of a school's operating budget which should be invested            
 in the instructional component.  Another way to express this                  
 language is that it keeps the administrative overhead low.                    
                                                                               
 Number 1286                                                                   
                                                                               
 DR. AUGENBLICK said this is an unusual component.  A few states,              
 including Louisiana, have this language on the books.  The language           
 attempts to ensure that the majority of the money is focused on               
 instruction and a minimal amount is spent on administration.  Most            
 places suggest that there isn't a large variation among school                
 districts.  The schools tend to spend most of their money in                  
 instruction.  This section of the bill isn't a problem if it                  
 doesn't create a burden for DOE or anyone else to collect and                 
 verify the data.  An additional area of concern would be the                  
 smallest school district or school community which typically spends           
 a higher amount on fixed costs; administration, lighting and                  
 building maintenance.  He could not answer whether or not 60                  
 percent was enough for them to maintain those costs.  He reiterated           
 that this language is not typical in regards to what other states             
 are doing, but it was not a problem if the legislature felt it                
 needed to be included in order to ensure that districts spent most            
 of their money on instruction.                                                
                                                                               
 Number 1370                                                                   
                                                                               
 CHAIRMAN BUNDE clarified that Dr. Augenblick was aware of the                 
 single site situation in Alaska.                                              
                                                                               
 Number 1376                                                                   
                                                                               
 MR. JEANS said there used to be a similar statute, a 55 percent               
 instruction requirement, which he believed was repealed in 1987.              
 The DOE collected information to compute this measurement to ensure           
 that districts met this requirement.  He pointed out that one                 
 school district, on a annual basis, could not meet the 55 percent             
 and through DOE sought waivers before the state Board of Education.           
                                                                               
 Number 1402                                                                   
                                                                               
 CHAIRMAN BUNDE asked what would have happened if the waivers had              
 not been granted.                                                             
                                                                               
 Number 1405                                                                   
                                                                               
 MR. JEANS could not respond to the question as waivers were always            
 granted.                                                                      
                                                                               
 Number 1416                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE asked if there were any provision for                
 waivers in CSSSHB 148(HES).                                                   
                                                                               
 Number 1427                                                                   
                                                                               
 MR. JEANS answered yes, in Section 14.17.520 (c), where it says the           
 commissioner shall review the annual audits and then the state                
 Board of Education could provide a waiver.  This language continues           
 down into subsection (d), line 24.                                            
                                                                               
 Number 1464                                                                   
                                                                               
 CHAIRMAN BUNDE said Section 3 of CSSSHB 148(HES) dealt with                   
 definitions.  He asked Mr. Jeans if he wanted to make any comments            
 on Section 8, dealing with the transportation of students.                    
                                                                               
 Number 1483                                                                   
                                                                               
 MR. JEANS explained that CSSSHB 148(HES) moves the current method             
 of reimbursing schools for pupil transportation services into the             
 foundation program.  The DOE has developed place holder adjustment            
 factors for transportation costs.  These factors were developed on            
 district pupil transportation costs, based on a percentage of their           
 total budget.  The intent is to direct those monies to districts              
 providing those services, as opposed to just distributing money               
 statewide.  The DOE will continue to do bus safety inspections and            
 pass drug and alcohol tests for bus drivers.                                  
                                                                               
 Number 1545                                                                   
                                                                               
 MR. JEANS explained that the remaining sections of CSSSHB 148(HES)            
 are clean-up sections.  The language addresses statutory references           
 to the foundation aid, average daily membership and other terms.              
 The language is cleaned-up to be consistent in the legislation.               
                                                                               
 Number 1580                                                                   
                                                                               
 REPRESENTATIVE BRICE asked, to what degree, other states'                     
 foundation formulas require a strict accounting of funds spent at             
 the local level on special education and gifted and talented                  
 programs.                                                                     
                                                                               
 Number 1597                                                                   
                                                                               
 MR. JEANS answered that other states have categorical expenditure             
 requirements for special education.  Currently the state of Alaska            
 does not have that requirement, although the state provides                   
 categorical revenue for those services.  Under CSSSHB 148(HES),               
 there would be a flat 20 percent allocation to cover all                      
 categorical needs; special education, bilingual, vocational                   
 education and gifted and talented.                                            
                                                                               
 Number 1617                                                                   
                                                                               
 REPRESENTATIVE BRICE asked how the transportation component of                
 CSSSHB 148(HES) would affect the Fairbanks district which buses               
 private students.                                                             
                                                                               
 Number 1651                                                                   
                                                                               
 MR. JEANS answered that when transportation adjustments were                  
 developed, the total cost of providing transportation was taken               
 into the percentage of the total budget.  Currently, Fairbanks is             
 being reimbursed for routes that have some private school students            
 on them and this situation would have been included in that factor.           
                                                                               
 Number 1667                                                                   
                                                                               
 REPRESENTATIVE PORTER suggested that, in future committee meetings,           
 someone take a blackboard and take this formula from point A to               
 point B.                                                                      
                                                                               
 Number 1693                                                                   
                                                                               
 REPRESENTATIVE FRED DYSON discussed the difficulties of addressing            
 a bill which only lists the paragraphs of the foundation formula              
 being addressed in CSSSHB 148(HES).  He asked if someone could say            
 how the philosophy and the general approach was being changed.  He            
 understood that the formula moves from units to actual students.              
                                                                               
 Number 1733                                                                   
                                                                               
 CHAIRMAN BUNDE said the committee has not had a side by side                  
 comparison of the existing formula and this proposed formula.                 
                                                                               
 Number 1743                                                                   
                                                                               
 REPRESENTATIVE DYSON asked that if someone could summarize what               
 CSSSHB 148(HES) aims at changing, then these details would make               
 more sense.                                                                   
                                                                               
 Number 1760                                                                   
                                                                               
 CHAIRMAN BUNDE referred to a chart which states the differences               
 between the current formula, SB 36, the Governor's bills, SB 146              
 and CSSSHB 148(HES).  Currently there is no spread sheet which will           
 state what will happen to individual districts.                               
                                                                               
 Number 1802                                                                   
                                                                               
 MR. JEANS referred to the chart, under SB 146, second block down              
 which lists "categorical revenues" as 120 percent and clarified               
 that it is a 20 percent allocation above the base as is the                   
 previous two columns.  He suggested that this is a typographical              
 error, it was down in the next block as well.                                 
                                                                               
 Number 1825                                                                   
                                                                               
 REPRESENTATIVE BRICE clarified that SB 146 is the same as CSSSHB
 148(HES), SB 85 and HB 126 in those situations.                               
                                                                               
 Number 1837                                                                   
                                                                               
 MR. JEANS then reiterated that Section 9 is clean-up language.  It            
 refers to AS 14.11.008(b), the school construction statute.  On               
 page 12, the bill lists the district's participating share based on           
 the full value per average daily membership (ADM).  This language             
 spells out average daily membership as opposed to listing it as               
 ADM, cleans up the references to assessed value, when it is                   
 referenced in this bill.                                                      
                                                                               
 Number 1888                                                                   
                                                                               
 REPRESENTATIVE BRICE asked if Dr. Augenblick could explain the                
 background behind providing or not providing sideboards in                    
 legislation to ensure that school districts across the state spend            
 their special needs money in those areas.                                     
                                                                               
 Number 1945                                                                   
                                                                               
 DR. AUGENBLICK said there are two philosophies concerning                     
 categorical or special needs programs.  Some believe that these               
 things ought to be done as a block grant type of program; where               
 somebody determines how much more money a particular program might            
 cost through a formula procedure, making sure that money is                   
 provided and then let the school districts or the recipients of               
 that money spend it in whatever way they feel is most appropriate.            
 Those recipients may decide that they don't need to spend as much             
 money as they receive from the formula or they may decide that they           
 need to spend more.  This philosophy is to let the school districts           
 make those decisions because they are the ones closest to the                 
 services being provided.  This philosophy is appropriate as long as           
 the legislature can hold the school districts accountable, not so             
 much for how they spend their money, but for what is produced by              
 that spending.  Those districts should be accountable for the                 
 performance or the improvement in the performance of the students             
 who are supposed to benefit from that money.                                  
                                                                               
 DR. AUGENBLICK stated that the other philosophical view is that it            
 might be difficult to hold the school districts accountable in that           
 way.  It is important for the state to direct the districts to                
 spend some portion of that money for a specific purpose.  Some                
 states, when they give an extra amount of money to provide a                  
 particular kind of service, monitor the school district to make               
 sure that they are spending 85 to 90 percent of it in that way.               
 Typically the people who have children in those programs are                  
 interested in making sure that money is available and is spent for            
 those purposes.  It is a matter of how you hold the recipients                
 accountable; for what is produced or how they spend the money.                
                                                                               
 Number 2033                                                                   
                                                                               
 REPRESENTATIVE BRICE asked the philosophy of CSSSHB 148(HES)                  
 regarding those questions.                                                    
                                                                               
 Number 2057                                                                   
                                                                               
 DR. AUGENBLICK understood that this bill would provide the block              
 grant funding.  The state is providing additional money, in several           
 different categories, for programs or characteristics which make              
 the cost of providing those services different.  The bill does not            
 require that this money be spent in any particular way.                       
                                                                               
 Number 2080                                                                   
                                                                               
 MR. JEANS clarified that this interpretation of CSSSHB 148(HES) was           
 correct.  This bill provides a 20 percent allocation for special              
 needs; special education, bilingual, vocational education and                 
 gifted and talented.  The bill pulls the intensive needs category             
 of special education out of this allocation.  Students in this                
 category require services which have a high cost attached to them.            
 There are approximately 1,200 of these intensive students                     
 statewide.  The bill calls for an allocation of $22,500 per                   
 intensive needs student.                                                      
                                                                               
 Number 2103                                                                   
                                                                               
 DR. AUGENBLICK said it is also true that, in some cases, those                
 children and programs are protected by a variety of laws and                  
 regulations.  The school district can't chose whether or not to               
 provide the service, they are mandated to provide them.                       
                                                                               
 Number 2117                                                                   
                                                                               
 MR. JEANS verified that there are federal laws which govern the               
 special education process through the individual educational plan             
 (IEP) and the services provided.                                              
                                                                               
 Number 2125                                                                   
                                                                               
 CHAIRMAN BUNDE commented that CSSSHB 148(HES) tries to remove some            
 of the past incentives for creative student categories such as                
 listing the entire band as gifted.                                            
                                                                               
 Number 2133                                                                   
                                                                               
 REPRESENTATIVE BRICE asked who was going to determine intensive               
 needs versus special needs and how does the legislature ensure that           
 there is a consistent applicability across the state.                         
                                                                               
 Number 2159                                                                   
                                                                               
 MR. JEANS said there are definitions of the different categories of           
 special education in regulation and these are possibly located in             
 statute as well.  The DOE has special education specialists that go           
 to individual school districts to determine that those students are           
 properly classified.  This bill would reduce their scope so that              
 the specialists would have to focus on intensive services as                  
 opposed to the entire program.  Currently there are four different            
 categories in special education which DOE provides funding for;               
 gifted and talented, resource, self contained and intensive.  He              
 understood that there was a very fine line between resource and               
 self contained.  The field reviews provide opportunities for the              
 DOE specialists and members from the school districts to discuss              
 the classifications.                                                          
                                                                               
 Number 2198                                                                   
                                                                               
 REPRESENTATIVE PORTER asked, through the DOE assessment of these              
 classifications of students, if they would allocate to a specific             
 school or district, based on the volume of kids that they had, an             
 additional 20 percent.                                                        
                                                                               
 Number 2228                                                                   
                                                                               
 MR. JEANS responded that the allocation would be a 20 percent                 
 addition above the district average daily membership; schools would           
 receive an allocation based on that percentage.  Currently schools            
 have to label children in order to generate revenue.  This bill, by           
 providing a block allocation, would allow districts to provide some           
 early intervention as opposed to waiting until the child actually             
 needs services.                                                               
                                                                               
 TAPE 97-26, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 REPRESENTATIVE JOE GREEN presented a situation where student A is             
 a special education student at school one and moves to school two.            
 He asked if the money would move with that student or has that                
 money been allocated by a block grant to school one.                          
                                                                               
 Number 0041                                                                   
                                                                               
 MR. JEANS said the allocation is still to the school district.  The           
 responsibility of allocating revenues to individual schools lies              
 with the school district.                                                     
                                                                               
 Number 0057                                                                   
                                                                               
 REPRESENTATIVE BRICE asked how the legislature could be sure that             
 state dollars, dedicated to special education needs, are making it            
 into classrooms.  He also asked how the legislature could be sure             
 that students in an inclusion program would have an aide with them            
 throughout the day.                                                           
                                                                               
 Number 0125                                                                   
                                                                               
 MR. JEANS said the school districts have federal requirements.                
 Currently, state requirements mirror the federal laws which govern            
 special education and those services.  This bill provides districts           
 with a revenue source to address the four categories of need.                 
                                                                               
 Number 0135                                                                   
                                                                               
 CHAIRMAN BUNDE commented that as an educator he felt that some days           
 the weight of paper equaled the child's weight.                               
                                                                               
 Number 0149                                                                   
                                                                               
 REPRESENTATIVE J. ALLEN KEMPLEN asked if the 20 percent allocation            
 is the upper limit, in terms of what could be provided with the               
 proposed change.                                                              
                                                                               
 Number 0162                                                                   
                                                                               
 MR. JEANS answered that it is a flat allocation.                              
                                                                               
 Number 0169                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN asked him to provide an example using a                
 particular school district.                                                   
                                                                               
 Number 0178                                                                   
                                                                               
 MR. JEANS said that, through the current foundation program, there            
 are school districts that are generating revenue through                      
 categorical needs; special education, bilingual, vocational                   
 education and gifted and talented.  Some schools only receive 9               
 percent of their total foundation funding through these categories            
 and some districts receive 27 percent.  This bill attempts to                 
 provide everyone with the same level of resources for the special             
 needs category and allow flexibility, in the district, to address             
 the needs the way they see fit.                                               
                                                                               
 Number 0219                                                                   
                                                                               
 CHAIRMAN BUNDE explained that this funding excludes intensive                 
 needs.                                                                        
                                                                               
 Number 0225                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN questioned why certain districts only had 9            
 percent in this category.                                                     
                                                                               
 Number 0239                                                                   
                                                                               
 MR. JEANS answered that in those school districts only 9 percent of           
 their funding came from identifying students for special needs.               
 This situation could be interpreted that either the schools                   
 received sufficient funding through their kindergarten through                
 twelfth grade allocation or the schools didn't have the specialists           
 on staff to aggressively identify those students with needs.                  
                                                                               
 Number 0273                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN wondered if the school districts with                  
 specialists, who were good at identifying the students for                    
 particular categories, had a number closer to 27 percent.  He                 
 suggested that the fewer specialists on staff, then the fewer                 
 students who would be identified as having categorical needs.                 
                                                                               
 Number 0310                                                                   
                                                                               
 MR. JEANS said this is not necessarily true.  He did not mean to              
 imply this situation.  He meant to say that there is a variance in            
 revenue which is being allocated for special needs; the three                 
 categories of special education, bilingual categories and                     
 vocational education.  This CSSSHB 148(HES) proposes to level the             
 playing field for all districts.                                              
                                                                               
 Number 0339                                                                   
                                                                               
 CHAIRMAN BUNDE continued, CSSSHB 148(HES) attempts to simplify the            
 formula, creating a block fund for special needs with the exception           
 of the intensive needs category.  This funding situation would                
 allow the schools to put all their money into bilingual education             
 if they wanted, as long as they were in the federal parameters.               
                                                                               
 Number 0358                                                                   
                                                                               
 REPRESENTATIVE PORTER clarified that the state is going to give               
 every school district an additional 20 percent to cover these kind            
 of things.                                                                    
                                                                               
 Number 0386                                                                   
                                                                               
 REPRESENTATIVE GREEN referred to the category of special education            
 which can range from capable to less capable learning styles.  He             
 asked if this block grant would allow each of the school districts            
 to determine how much goes to each particular student.                        
                                                                               
 Number 0408                                                                   
                                                                               
 MR. JEANS answered that the school districts have to provide the              
 services called for in the student's IEP.  He presented a situation           
 where one student might only cost the district a couple of thousand           
 dollars to fulfill the resource requirement and the other student             
 might cost you $3,000.  The allocation of funding, through the                
 current foundation program, is the same.  The districts have to               
 address the needs of the students, as it's identified in the IEP,             
 regardless of how much revenue they generate.                                 
                                                                               
 Number 0454                                                                   
                                                                               
 REPRESENTATIVE GREEN asked if a block grant is given asking the               
 school district to service all of the listed categories, yet there            
 is a mandatory requirement to service students who have an IEP.               
                                                                               
 Number 0515                                                                   
                                                                               
 MR. JEANS answered that currently there are variances in the levels           
 of services provided within the categories.  The school districts             
 are required to provide services identified in the IEP, regardless            
 of the costs.  The current funding formula will provide a certain             
 level of funding without making an adjustment for variances within            
 that special needs category.  The school districts are already                
 providing those services, as needed, in order to allocate resources           
 and will continue to do so under CSSSHB 148(HES).                             
                                                                               
 Number 0556                                                                   
                                                                               
 REPRESENTATIVE GREEN asked if each group would have a set amount,             
 even if there are more students in one area and less in another.              
                                                                               
 Number 0563                                                                   
                                                                               
 MR. JEANS said this was correct.                                              
                                                                               
 Number 0568                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN clarified that those school districts who              
 have presented a 27 percent need will now face a reduction of 7               
 percent to bring them to the 20 percent level.                                
                                                                               
 Number 0586                                                                   
                                                                               
 MR. JEANS said yes, but it does not translate straight across to a            
 7 percent reduction.                                                          
                                                                               
 Number 0604                                                                   
                                                                               
 DR. AUGENBLICK made some comments before he went off line.  He felt           
 the questions being asked were good ones.  He said there are a                
 variety of ways of addressing the questions.  If the legislature              
 felt that pieces of this system might not do exactly what they want           
 them to do or they know that there are problems which might be                
 better addressed, then there are alternatives for those pieces.  He           
 urged the legislature to try to stay within the overall framework             
 provided in CSSSHB 148(HES).  This bill provides a base amount for            
 every student to ensure that all students are treated equally.  The           
 amount is adjusted to account for the various student                         
 characteristics.  If one piece of this legislation doesn't work               
 particularly well, then he assured the legislature that it could be           
 change and still fit within the overall context of CSSSHB 148(HES).           
 He did not feel that the questions being asked indicated that the             
 bill was wrongheaded.  He assured the committee that the questions            
 could be addressed within the context of the bill.  The committee             
 should not proceed with the bill if there is a piece of it that               
 needs to be changed.                                                          
                                                                               
 DR. AUGENBLICK supported the concept of CSSSHB 148(HES).  He said             
 it was a difficult change, but he hoped the legislature would make            
 it.  The legislature and the people providing these services will             
 be a lot happier once it is done.                                             
                                                                               
 Number 0721                                                                   
                                                                               
 CHAIRMAN BUNDE asked about PL-874 money.                                      
                                                                               
 Number 0735                                                                   
                                                                               
 DR. AUGENBLICK answered that this is an important question.  He               
 stated that the chair was referring to federal money which is                 
 sometimes referred to as impact aid.  This money has caused                   
 problems because of the federal government restrictions.  These               
 restrictions are put on the money despite the fact that it is a               
 deteriorating amount.  The federal government puts restrictions on            
 the way you can count that money.  He understood that this                    
 situation is no longer a problem.  The Alaska DOE and other states            
 have spent a ridiculous amount of time trying to appease the                  
 federal government so that the state can spend the money.  He                 
 understood that the formula simply doesn't require this any longer.           
                                                                               
 Number 0794                                                                   
                                                                               
 MR. JEANS verified that Dr. Augenblick was correct.  The formula,             
 presented in CSSSHB 148(HES), does not consider impact aid funds in           
 determining the state's allocation to school districts.  Under the            
 current formula, the DOE considers how much impact aid funds the              
 school districts receives in order to determine the amount of the             
 state allocation.  The DOE has to meet the federal disparity test             
 when they do this.  The federal disparity test says that the DOE              
 cannot have more than a 25 percent disparity between our fifth and            
 ninety-fifth richest to poorest districts.  Legislation in 1994,              
 changed that disparity standard to 20 percent, which the state of             
 Alaska was going to have problems meeting.  Legislation, SB 244,              
 was pursued to address that requirement last year.  This October,             
 Congress amended the impact aid statute and put it back at 25                 
 percent.  This percentage is good for a two year period, after that           
 the program will be reauthorized.  At that point, he anticipated              
 that Congress would attempt to lower the amount again.  The DOE               
 felt this was a step in the right direction to remove impact aid              
 from the equation.                                                            
                                                                               
 Number 0873                                                                   
                                                                               
 CHAIRMAN BUNDE stated that the local contribution, using Anchorage            
 as an example, was limited.  More money could not be given, even if           
 you wanted to do it.  He said that Anchorage never met their limit,           
 but he believed that both Fairbanks and Kenai did.  This                      
 requirement was put in place as a result of the richest district              
 giving more money to their school which created a disparity between           
 schools.                                                                      
                                                                               
 CHAIRMAN BUNDE explained that, in this bill, the PL-874 goes                  
 directly to the district.  In the old bill, the PL-874 came                   
 directly to the state and then was redistributed which created                
 certain restrictions.                                                         
                                                                               
 Number 0925                                                                   
                                                                               
 REPRESENTATIVE BRICE asked for an explanation of the Ohio situation           
 where they rewrote their foundation formula to get out from the               
 federal disparity test.  This rewrite was taken to court and the              
 court ruled that the state had to meet a certain level of                     
 disparity.                                                                    
                                                                               
 Number 0954                                                                   
                                                                               
 DR. AUGENBLICK said the Ohio system was found to be                           
 unconstitutional by a lower court a couple of years ago.  There               
 were two issues involved; the disparity between the school                    
 districts and the adequacy issue of whether or not there was                  
 sufficient money to do what they wanted to do.  The lower court               
 decision was appealed to a mid-level court which ruled that the               
 system was constitutional about a year ago.  This decision was then           
 appealed to the supreme court of Ohio, who ruled a couple of weeks            
 ago.  The supreme court again ruled the system to be                          
 unconstitutional.  These decisions were not based on federal money,           
 but on state and local money.  The essence of that decision is that           
 there was insufficient money in the system to accomplish the goals            
 that the state constitution established.  The language of the Ohio            
 constitution reads, "a thorough and efficient education".  In                 
 addition, the Ohio State Board of Education adopted certain                   
 objectives which were unable to be met by the allocated money.  The           
 court has stayed this order for one year, giving the legislature              
 until the end of March 1998, to come up with a new system and to              
 assure the court, which will retain jurisdiction over that case,              
 that sufficient money is provided.                                            
                                                                               
 DR. AUGENBLICK stated that the Ohio court case also spoke to the              
 issue of capital and building.  It identified the difference                  
 between estimated needs, which the state itself determined to be              
 $10 billion for facilities, versus the $1 or $2 billion dollars               
 that were actually being put into the system.  The court ruled that           
 the procedure was fine, but the amount of money was insufficient.             
 Ohio is going to have to figure out how they are going to come up             
 with a sufficient amount of money to meet the court's requirements.           
                                                                               
 Number 1101                                                                   
                                                                               
 SUSAN HOPE testified next via teleconference from Barrow.  She is             
 a parent who has two children enrolled in the Barrow schools.  She            
 opposed any bill which would reduce state foundation formula                  
 funding of the North Slope Borough District.  The funding helps the           
 schools pay for staff, teachers, programs, utility operations so              
 that her children can receive a complete education to compete with            
 students on a statewide and worldwide level.  State funds provide             
 one-third of the education funding in the North Slope.  If any one            
 of these foundation formula funding bills were passed by the                  
 legislature, then her school district would be forced to eliminate            
 programs.                                                                     
                                                                               
 MS. HOPE said the school is the center of the community and that              
 healthy living opportunities would not be supported or provided               
 without state funding.  Bare bones education would be the only goal           
 the school district would be able to accomplish.  The school                  
 district would be forced to deny school access.  With less                    
 operating dollars from the state to provide basic education, the              
 North Slope community would be without alternatives for healthy               
 living and community assemblage.  She stated how important it was             
 for a child to learn community responsibility and ownership.                  
 Community meetings are held in schools, this is the main link a               
 child, in rural Alaska, has to learn and develop social skills and            
 community responsibility.  The schools in Barrow are truly dual               
 purpose, carrying both social and academic responsibilities.  She             
 urged the committee to help all students by not approving,                    
 considering or supporting this bill as it will cut $2.5 million to            
 $4 million from the North Slope Borough school district.  She                 
 believed that the solution was not with tampering with the formula            
 funding, but in addressing the lack of statewide funding for                  
 education.                                                                    
                                                                               
 Number 1312                                                                   
                                                                               
 NANCY NICOLOS testified next via teleconference from Barrow.  She             
 is a parent and has three children enrolled in school.  She                   
 commended the committee and Representative Bunde for their work on            
 the foundation formula funding issue.  However, she did not feel              
 that CSSSHB 148(HES) was the issue.  The North Slope Borough and              
 its school district are already paying their fair share.  For every           
 dollar in state money, the borough supplies approximately $3.00 in            
 order to provide the North Slope students with adequate funding for           
 education.  The North Slope Borough and municipality are facing               
 decreasing municipal revenue sharing which further increases the              
 burden upon the taxpayers.                                                    
                                                                               
 MS. NICOLOS spoke with the business director at the school district           
 who estimated that the amount of lost funding for the North Slope             
 Borough, should HB 148(HES) pass, is between $2.5 million to $4               
 million.  She did not feel the North Slope should be penalized                
 substantially by such a dramatic cut in funding, nor did she                  
 understand the justification in taking this money from their                  
 students to give to other students.  She thought the legislature              
 might be overlooking the basic fact that education is not                     
 adequately funded.  She said the problem is not solved by shuffling           
 the same deck and redistributing it.  She asked the committee to              
 address the issue of why their constituent's children were more               
 important than her children.                                                  
                                                                               
 Number 1380                                                                   
                                                                               
 CHAIRMAN BUNDE did not feel that CSSSHB 148(HES) would be depriving           
 the North Slope Borough.  The committee would be getting some                 
 spread sheets to work out the amounts.  He suggested that the                 
 witnesses might be using earlier versions of the bill which did not           
 contain the current information.                                              
                                                                               
 Number 1412                                                                   
                                                                               
 WALTER COOK, President, Barrow School Advisory Council, testified             
 next via teleconference from Barrow.  He has heard people mention             
 how impressive the North Slope Borough's facilities are.  He                  
 believed the facilities are what they are because the North Slope             
 voters have consistently taken a stand for education.  The North              
 Slope Borough school district facilities are community centers,               
 providing activities for rural villages and Barrow.  The schools              
 were not built to attract people, they are impressive because of              
 the commitment to education and to lessen the harsh environment.              
 The school district delivery system, computer network and                     
 telecommunications system were not derived from the operating                 
 budget, but from capital project improvement ballot issues.  This             
 technology is needed to provide instruction to students across vast           
 distances, saving money in the school district's operating budget.            
 This bill proposes to take funding from the operating budget                  
 because the North Slope voters strongly believe in education.  He             
 asked if it was justified to discriminate against rural                       
 communities.                                                                  
                                                                               
 MR. COOK said the foundation formula issue is a funding problem,              
 not a disbursement problem.  It is not morally right to take                  
 funding from the North Slope Borough district.  He felt it was                
 important for the legislature to uphold the constitution which                
 clearly supports maintaining education.  He did not understand how            
 the legislature thinks the North Slope can maintain a reasonable              
 education system with reduced state funding.  Taking millions of              
 dollars a year away from the budget is unwarranted, especially in             
 a year when citizens can identify excessive state funds.  As a                
 father of children in the schools and a voter who understands the             
 importance of education, he resented the notion of redistributing             
 education dollars.  He mentioned the state resources received from            
 the North Slope.                                                              
                                                                               
 Number 1570                                                                   
                                                                               
 CHAIRMAN BUNDE asked the witnesses not to confuse CSSSHB 148(HES)             
 with the Senate version requiring a significant contribution from             
 the North Slope Borough.  He added that the constitution mandates             
 that the state provide a basic education and what constitutes this            
 definition is debatable.  He did not think that community centers             
 entered into basic education.                                                 
                                                                               
 Number 1587                                                                   
                                                                               
 ROSEMARY REEDER, Coordinator, Soldotna Community School, Lead                 
 Coordinator for the Kenai Peninsula Borough School District,                  
 testified next via teleconference from Kenai.  She said small                 
 cities such as Soldotna, Homer and Seward have a special need for             
 community education programs.  Lay cultural, academic as well as              
 recreational activities take place in the early morning, evening              
 and weekend hours.  The community school budget is based on a                 
 portion of the foundation formula.  She asked the legislature to              
 serve the students and the communities in which they live.                    
                                                                               
 Number 1628                                                                   
                                                                               
 CHAIRMAN BUNDE stated that the committee intends to do what they              
 can for the good of the students.  The committee is not out to                
 penalize any students in the state of Alaska.                                 
                                                                               
 Number 1642                                                                   
                                                                               
 MR. JEANS explained that under CSSSHB 148(HES), the required local            
 effort is 35 percent of the district's need as it is in the current           
 foundation program.  Preliminary runs indicate that it would reduce           
 the state allocation to the North Slope Borough, in the first year,           
 by approximately $1.5 million out of a total budget of $11 million.           
                                                                               
 Number 1677                                                                   
                                                                               
 CARL ROSE, Executive Director, Association of Alaska School Boards,           
 presented an equation.  He said the formula takes the average daily           
 membership (ADM) multiplied by the adjusted student allocation.               
 The adjusted student allocation takes into consideration the 1.20             
 factor for special needs, transportation, bilingual, bicultural and           
 can also be adjusted for the $22,500 dedicated to intensive need              
 students.  The equation is then multiplied by the area cost                   
 differential plus local contribution and this equals the aid to               
 schools.                                                                      
                                                                               
 MR. ROSE presented a second equation of the ADM multiplied by the             
 stated base allocation multiplied by the 1.20 factor for special              
 needs plus the intensive needs students at $22,500 multiplied by              
 the area cost differential plus the local contribution.                       
                                                                               
 MR. ROSE said CSSSHB 148(HES) deals with change, it is the                    
 magnitude of the change which must be examined.  Back in 1987, when           
 the foundation formula was last revisited, some of the same basic             
 principles were kept; the unit value, area cost differentials, the            
 "categoricals" were handled in a categorical manner.  In 1987,                
 there was one different principle, the addition of an equation for            
 single site schools.  Since 1987, the state has been mitigating               
 this issue on an annual basis, with the exception of one year.                
 This bill, CSSSHB 148(HES), proposes a unit to a per student ADM.             
 Using the unit as a factor provided what is known as a front-end              
 load.  Small schools first qualified as a funding community for two           
 instructional units and then calculated the amount the students               
 generated in terms of instructional units.  Small schools around              
 Alaska will lose a front-end load when the funding is calculated              
 per student.  If we take a look at the ADM, then we need to look at           
 those schools because their funding could be reduced by at least              
 one-half.  He felt the numbers would show a tremendous decline.               
                                                                               
 Number 1815                                                                   
                                                                               
 MR. ROSE explained that some school districts in the state are                
 going to be devastated by this formula.  Alaska is diverse.  He               
 referred to the Lower Kuskokwim which identifies and serves                   
 children who require special education, bilingual and bicultural.             
 This populace, to a great degree, speaks Yupik.  A large portion of           
 their pupils speak Yupik as a first language and in their early               
 years they are identified as needing special education, this number           
 decreases as they are mainstreamed into the system.  Going to a 20            
 percent figure for special education needs will impact the Lower              
 Kuskokwim.   There are other areas of the state which also face               
 this same issue.                                                              
                                                                               
 Number 1862                                                                   
                                                                               
 MR.ROSE did not feel that $22,500 would be enough to mitigate the             
 costs for intensive needs students.  He understood the desire to              
 not identify too many students.  He felt that if the state were               
 more congruent, then it would be a good policy.  The area cost                
 differentials will be changed from measuring school districts to a            
 per site unit method.  He raised these issues to show how CSSSHB
 148(HES) will provide more money to some school districts at a                
 tremendous cost to others.                                                    
                                                                               
 MR. ROSE said the 53 school districts have suffered under the                 
 weight of a 30 percent loss in buying power.  The foundation                  
 formula that was implemented in 1987 was never designed to absorb             
 that kind of pressure.  The Ohio issue of adequacy is the same type           
 of problem which the state of Alaska has, but is not acknowledging.           
 We are moving that part of the problem off the table and are                  
 reshuffling the deck.  The committee needs to address the hold                
 harmless portion of this bill which will hold everyone harmless in            
 the first year, but will discontinue in five years.                           
                                                                               
 Number 1950                                                                   
                                                                               
 MR. ROSE raised the issue of the 60 percent requirement.  There are           
 districts in the state which operate in the extreme arctic regions            
 or are in isolation; they have high transportation costs and                  
 probably will not be able to meet the 60 percent figure.  Many of             
 those schools could not meet the 55 percent figure.  The                      
 association has not taken a formal position on CSSSHB 148(HES)                
 because they are trying to think outside of the box.  If the                  
 formula is going to change, then the issue which needs to be                  
 addressed is adequacy.                                                        
                                                                               
 MR. ROSE mentioned Dr. Augenblick's testimony.  He agreed that                
 there is a strong philosophical underpinning for this change and he           
 agreed that a high level of technical support will be needed.  He             
 expressed some concern over the political will to do this if the              
 effort is going to be inconsistent with the past.  The transition             
 and change are going to be dramatic, but if the state can work to             
 make this change for the right reason which is to improve the                 
 quality of education then it will be worth it.  He said the issue             
 has to revolve around adequacy and equity in distribution.                    
                                                                               
 Number 2016                                                                   
                                                                               
 CHAIRMAN BUNDE mentioned that adequacy is a discussion which could            
 continue for a long time.  In the Alaska Senate it was suggested              
 that the verbiage be changed from school need to school support.              
 He did not feel that there was any amount of money in this state              
 that could exceed school needs, but there is a rational level of              
 school support which can be arrived at financially.                           
                                                                               
 Number 2032                                                                   
                                                                               
 REPRESENTATIVE DYSON appreciated his explanation.  He asked how his           
 association felt about the quality schools initiative.                        
                                                                               
 Number 2050                                                                   
                                                                               
 MR. ROSE answered that his association supported the quality                  
 schools initiative as it is contained in the Governor's bill.  He             
 stated that budgets are built on a cut scenario.  Many of the                 
 things listed in the quality schools initiative are things which              
 the school districts are struggling to do right now.  The issue               
 comes down to quality, how do schools operate and provide a quality           
 opportunity.  There is also the added pressure from the numerous              
 mandates which the school district has to meet.  He referred to a             
 school administrator who handed him a grant application which last            
 year was about a quarter of an inch thick, this year it is almost             
 an inch thick.  Administrators are asked to meet a lot of mandates.           
 The quality initiative is seen as a way to focus the dollars onto             
 specific things which aren't diverted away as a result of mandates.           
                                                                               
 Number 2150                                                                   
                                                                               
 CHAIRMAN BUNDE mentioned that the quality school initiative                   
 incorporates an additional $24 million into the budget.                       
                                                                               
 Number 2111                                                                   
                                                                               
 REPRESENTATIVE PORTER asked if the resulting redistribution                   
 resulted in an inequity and in a redistribution of school funding,            
 does his comment presuppose that it is now equitably distributed.             
                                                                               
 TAPE 97-27, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 MR. ROSE answered that CSSSHB 148(HES) redistributes additional               
 money for some at the expense of everyone else.  If you look at the           
 harmless clause of this bill, there will be some 42 school                    
 districts being held harmless which is the first indication that              
 money has been redistributed and the issue of adequacy has not been           
 addressed.                                                                    
                                                                               
 Number 0059                                                                   
                                                                               
 REPRESENTATIVE PORTER asked if the only bill he could support would           
 be one that increased funding.                                                
                                                                               
 MR. ROSE answered yes, they do look to increase funding for the               
 purpose of cushioning some of the loss which has occurred over the            
 last ten years.                                                               
                                                                               
 CHAIRMAN BUNDE suggested that ten years ago, far too much money was           
 invested and that we are finally getting down to normal now.                  
                                                                               
 MR. ROSE disagreed with that comment.                                         
                                                                               
 Number 0127                                                                   
                                                                               
 JOHN CYR, President, National Education Association of Alaska,                
 (NEA-Alaska), said it was important to look at the history of                 
 educational funding in order to put it into some type of                      
 perspective.  The purpose of education and, ultimately, the                   
 education funding bill is about children.  If we forget that, if we           
 look at it as just some kind of mathematical formula that moves               
 money from A to B and we forget that we are dealing with children,            
 then we've done the state a disservice.                                       
                                                                               
 MR. CYR stated that in Alaska; 15 children every year commit                  
 suicide, 85 children die of homicides and unintentional injuries,             
 125 newborns die before their first birthday, 160 are born with               
 Fetal Alcohol Syndrome (FAS), 580 are born with low birth weigh,              
 600 children are admitted for in-patient psychiatric care, over               
 1,200 babies are born to teenage mothers, almost 1,500 children               
 will be arrested for felony offenses, 2,200 kids drop out of                  
 school, 3,500 are registered runaways or reported to the police as            
 runaways, almost 4,000 kids are abused and neglected through                  
 verified reports, 10,500 preschoolers live below the federal                  
 poverty level, 21,000 children have no health insurance, 25,000               
 children receive Aid to Dependent Families and Children, over                 
 30,000 children live in households with single parents and these              
 are the children that attend Alaskan schools.                                 
                                                                               
 MR. CYR explained that in the first year of the foundation formula,           
 44 percent of the state's operating budget was included in the                
 education foundation formula.  In 1970 and 1971 that figure dropped           
 to 35 percent, in 1990 the figure dropped to 17 percent, in 1987              
 the current formula was developed setting the foundation formula at           
 $60,000 and increased in 1992 to $61,000.  In 1996, Alaska ranks              
 last, of all 50 states, in resource allocation to education.  After           
 the rate is adjusted for inflation, Alaska ranks 50th in average              
 salaries for education employees.  This translates into larger                
 class sizes and fewer class offerings.  Alaska ranks 49th in                  
 advanced placement classes.  The fact remains that a lot of money             
 flows through the till and only a small percentage of it goes to              
 the children.  There is less attention spent on marginal students             
 and there is inadequate technology in almost all of the schools.              
 There is nearly a complete absence of academic and vocational                 
 counseling, an absence of drug and alcohol counseling, and an                 
 absence of counseling done for violent and aggressive children.  He           
 guaranteed that Alaska is paying a lot more for this later.  It               
 costs a lot more to house those children when they become adults              
 and enter the penal institutions, than it does to work with them in           
 our schools.                                                                  
                                                                               
 Number 0483                                                                   
                                                                               
 MR. CYR addressed this bill and other bills addressing funding, his           
 organization did not believe that funding could be based on moving            
 dollars from rural children for the short term benefit of urban               
 districts.  They believe that funding must be based on the                    
 equalization of programs, not the equalization of dollars.  A                 
 dollar does not do the same thing in Tuntutuliak as it does in                
 Anchorage.  They absolutely agree with every other education group            
 that the foundation formula must be inflation-proof.  Schools have            
 suffered a 30 percent loss in the last few years regarding their              
 buying power.  Schools must be fully funded for student growth.               
 Alaska is the fifth state in the nation when it comes to student              
 growth.  He referred to the growth of the Mat-Su district and                 
 concluded that their funding is eaten up by the cost of that                  
 growth.                                                                       
                                                                               
 MR. CYR said his organization believes in the quality schools                 
 initiative.  They believe that it is incumbent to fund for                    
 innovation.  Research, incentive grants, new programs for violent             
 students, parental involvement, technology, and other programs need           
 to be funded in our schools and this cannot be done with the                  
 dollars provided.                                                             
                                                                               
 Number 0595                                                                   
                                                                               
 MR. CYR explained that the special education funding is a real                
 problem.  He appreciated the fact that CSSSHB 148(HES) provides a             
 20 percent increase.  The problem with that amount is that there              
 are mandates for special education and how it's funded.  The                  
 mandate used to be called public law 94-142, but it is now called             
 the individual disabilities education act.  The federal government            
 sits there and says; these kinds of kids must be served, an IEP               
 must be put together, these kinds of things must be done to meet              
 the needs of these children.  The federal government throws a                 
 couple hundred dollars towards each child, but those programs are             
 expensive.  If the state is funding at 20 percent, it means that              
 the other programs; vocational education, bilingual, regular                  
 education, will pay for the lack of state dollars put into special            
 education.  The foundation formula will rip money out of an already           
 hard pressed classroom.                                                       
                                                                               
 Number 0680                                                                   
                                                                               
 MR. CYR stated that we must fully fund pupil transportation;                  
 whether it is done in the formula or done somewhere else.  There              
 has to be some long term study of the area cost differential.  We             
 need a clear picture of what it costs to deliver services around              
 the state, not so that we can equalize dollars but so that the                
 state can equalize programs to give kids the same kind of                     
 education.                                                                    
                                                                               
 Number 0730                                                                   
                                                                               
 MR. CYR explained that an oversight and auditing provision is                 
 missing from all of these bills.  The state must ensure that the              
 money is used the way they want it to spent.  He asked that the DOE           
 be given the authority to audit the program.                                  
                                                                               
 Number 0760                                                                   
                                                                               
 CHAIRMAN BUNDE felt the auditing and oversight suggestion was                 
 useful.  He mentioned the situation of the administrator in the               
 Aleutians.  He agreed that CSSSHB 148(HES) doesn't increase the               
 amount of dollars, it moves dollars around.  There are 21 schools,            
 12 with fewer than 10 students and asked him if that was                      
 educationally sound.                                                          
                                                                               
 Number 0801                                                                   
                                                                               
 MR. CYR believed that, as a parent, you ought to have the right to            
 send your child to a school in your community.  He referred to a              
 time when children were sent out-of-state to school.  He argued               
 that this education system worked, for a very limited number of               
 children who went outside, got an education and came back.  This              
 system was a disservice to the vast number of kids who lived in               
 rural Alaska.  He felt there was an obligation to provide education           
 to every child.  He did not think that it was morally permissible             
 for the state to identify small communities and rip the heart out             
 of those communities.                                                         
                                                                               
 Number 0856                                                                   
                                                                               
 CHAIRMAN BUNDE commented that there have been consolidated schools            
 throughout the United States for the last fifty years.                        
                                                                               
 Number 0867                                                                   
                                                                               
 CHAIRMAN BUNDE referred to the quality schools initiative where the           
 Governor has identified $12 million to reward schools that were               
 doing a good job.  He asked why shouldn't the state take $12                  
 million away from schools that are doing a lousy job.                         
                                                                               
 Number 0881                                                                   
                                                                               
 MR. CYR responded that this would suppose that you can quantify in            
 some way a list of schools that are doing a lousy job and those               
 that are doing a good job.  He suggested that the state should look           
 at those lousy schools to see why they are not doing well and see             
 what needs to be changed, added or subtracted to those schools.               
 This evaluation needs to be done on a school by school basis to               
 establish some real criteria.  If the state set a list of criteria,           
 then he felt you could take away money.                                       
                                                                               
 CHAIRMAN BUNDE asked if he could support closing a really bad                 
 school.                                                                       
                                                                               
 Number 0937                                                                   
                                                                               
 MR. CYR would support making that school better.  He did not know             
 if accomplishing this would necessarily take more money.                      
                                                                               
 Number 0945                                                                   
                                                                               
 REPRESENTATIVE DYSON referred to his comment that Alaska was dead             
 last in allocation as a portion of our total resources towards                
 education, not dead last in per student expenditures.                         
                                                                               
 Number 0960                                                                   
                                                                               
 MR. CYR said he would be happy to run the numbers for him.  The               
 charts come out of the federal Department of Education which looks            
 at the numbers in different ways.  The percentage of state                    
 resources compared to the percentage of total dollars is what he              
 was referring to in his testimony.                                            
                                                                               
 Number 0987                                                                   
                                                                               
 REPRESENTATIVE DYSON clarified that he said Alaska was the poorest            
 of the 50 states in what is paid to teachers.                                 
                                                                               
 MR. CYR said yes, according to the average salary adjusted for                
 inflation.                                                                    
                                                                               
 REPRESENTATIVE DYSON clarified that this did not address regional             
 cost of living figures.                                                       
                                                                               
 Number 1010                                                                   
                                                                               
 CHAIRMAN BUNDE asked if this figure dealt with teachers or all                
 school workers.                                                               
                                                                               
 MR. CYR believed this was for teachers' salaries.  In real dollars            
 Alaska ranks fourth or fifth.  He said the figures and how the                
 percentages were calculated could be argued.                                  
                                                                               
 REPRESENTATIVE PORTER asked if typically people would really judge            
 the amount spent on education by the total resource potential of              
 the state.                                                                    
                                                                               
 Number 1092                                                                   
                                                                               
 MR. CYR felt there was a valuable comparison to be made using this            
 figure.                                                                       
                                                                               
 Number 1128                                                                   
                                                                               
 LELAND DISHMAN, North Slope Borough School District, referred to              
 the 20 percent funding for special education.  He did not feel that           
 his district would be able to maintain programs, in many of the               
 schools, based upon needs with this amount.  His philosophy is that           
 you cannot homogenize children.  It does not work when you try to             
 throw 27 percent in from one school district and 9 percent in from            
 another school district.  One school district can have a child with           
 severe needs who will cost $100,000 a year to educate.  This is a             
 moveable number where we will need to have a cushion somewhere at             
 the state level to assist any of the school districts.                        
                                                                               
 MR. DISHMAN commented that the 60 percent requirement on                      
 instruction will not be able to be met in many of the districts.              
 In some districts, including his, they cannot do it because of the            
 tremendous cost of maintenance and operation due to distances, fuel           
 and electricity.  He joined the ranks of people who say that the              
 state has not adequately funded education.  Basically, the state              
 has decreased educational spending over the last ten years.  The              
 last time an adjustment was made to state foundation money, in                
 1988, the North Slope took a 42 percent loss in state money.  In              
 some of the bills being addressed, the North Slope would take an              
 additional 100 percent.  He said the figures listed in CSSSHB
 148(HES) are more palatable.                                                  
                                                                               
 Number 1230                                                                   
                                                                               
 MR. DISHMAN said many of the school districts are doing the quality           
 school initiative suggestions.  If there is an opportunity to do              
 those things in our schools, we should be morally obligated to do             
 the very best that we can do with what is available.  He said the             
 North Slope schools are growing at a rate of 5 percent per year,              
 over 100 new children show up every fall which equates to about               
 four classrooms and four teachers.  He said Ipalook is now                    
 recognized as being one of the largest elementary schools in the              
 state of Alaska with about 810 students and anticipates having 840            
 or 850 students in 1997.                                                      
                                                                               
 Number 1288                                                                   
                                                                               
 MR. DISHMAN explained that he is here to show that the North Slope            
 Borough School District is here in opposition to any type of                  
 funding program which will take away the opportunity for children             
 in his district or anyone else's district to receive a quality                
 education.  He said redistributing dollars is not going to satisfy            
 the need of the school district.  As the amount of money is taken             
 from other districts to solve the problems in the larger, urban               
 districts it would have little impact on the urban settings, but              
 would devastate smaller districts.                                            
                                                                               
 MR. DISHMAN commented that some of the bills have looked at the               
 North Slope in the context that they have more, so let's take it.             
 He stated that rural schools have a high number of students at                
 risk.  Those students can be identified as those scoring in the               
 bottom quarter of standardized testing.  The North Slope has 25               
 percent in this category and many other districts have that many or           
 more.  Those children could be identified as going to a poor                  
 school, because the school is unable to educate them to the level             
 of the bright students.                                                       
                                                                               
 MR. DISHMAN said that one of the indicators, of children who do not           
 do well in schools, is students who grow up in poverty.  In one               
 village 62 percent of the entire student population lives below the           
 poverty level, 48 percent in another, 44 percent in another, 35               
 percent in another, all the way down to Barrow which has 10 percent           
 of the population living below the poverty level.  These numbers              
 were derived from the national school lunch program, numbers which            
 are submitted to the federal government.                                      
                                                                               
 Number 1440                                                                   
                                                                               
 REPRESENTATIVE DYSON asked how many homes below the poverty level             
 had televisions.                                                              
                                                                               
 MR. DISHMAN answered that he did not know.                                    
                                                                               
 REPRESENTATIVE DYSON asked the correlation in his district between            
 the homes having books and parents that read to their children and            
 their performance.                                                            
                                                                               
 MR. DISHMAN answered that there is a universal correlation                    
 regarding that situation.  He could say that books are put into the           
 schools.  Programs have been set up, using federal grant money, to            
 put books into homes.  He could not, however, answer his question             
 precisely.                                                                    
                                                                               
 Number 1486                                                                   
                                                                               
 CHAIRMAN BUNDE said the greatest predictor of student success over            
 all other socio-economic things is that parents read to their kids.           
                                                                               
 MR. DISHMAN commented that, in the North Slope, the day a child               
 arrives home they receive a book on how important it is to read to            
 your child, a letter of congratulations to the parents and a t-               
 shirt saying, "North Slope Borough School District Class of 2013 or           
 2014 Please Read to Me, Please Care for Me, Please Love Me".                  
                                                                               
 Number 1526                                                                   
                                                                               
 JOHN HOLST, Superintendent, Sitka School District, explained that             
 his comments are going to be reflective of the board and the                  
 citizens of Sitka.  When the new foundation formula was put into              
 effect in 1987, Sitka lost about $1 million in funding on a $10               
 million budget.  With the cap that keeps the district from spending           
 any more, Sitka is the lowest per pupil expenditure district in the           
 state.  Sitka has been sitting in a position of having the lowest             
 per pupil expenditure without having the advantages of size that              
 Anchorage or Fairbanks has and not being allowed to increase their            
 spending.  When people say that they don't want to see change                 
 because it will create winners and losers, citizens in Sitka take             
 exception to that because many schools in Southeast Alaska were               
 made losers ten years ago.  They were made losers with a promise              
 that next year if there was a problem with the area cost                      
 differential, it will be revisited.  A study was done and, had it             
 been implemented, values would have been adjusted 5 to 8 percent in           
 Southeast Alaska as well as in Kenai and Mat-Su.                              
                                                                               
 MR. HOLST said it is difficult for citizens in Sitka.  He said                
 Sitka has lost 11 percent of their population, in the last four               
 years, with the closing of the mill.  He explained the difficulties           
 of having fewer students and eliminating positions.  The first year           
 school nurses were eliminated.  Currently there is one contract               
 nurse for 15,000 students.  In the late 1980s, Sitka contracted for           
 food service, custodial services and pays 60 percent of what any              
 other district in the state pays for those services.  The food                
 service actually takes in revenue that allows Sitka to supply                 
 equipment and machinery.  He explained that Sitka has not done                
 these things because they are extraordinarily economical, they have           
 been done because it has had to be done.  A school was closed last            
 year to save $125,000, but there are no more rabbits to pull out of           
 the hat.                                                                      
                                                                               
 Number 1701                                                                   
                                                                               
 MR. HOLST stated that the area cost differential must be adjusted.            
 He referred to page 5, the size of schools, the community size                
 factor and the ADM going from 10 to 20.  This number goes up to               
 1,000 and then everyone who has over 1,000 students is treated the            
 same way.  This says to him that the economies of scale in Sitka,             
 with 1,769 students, are identical to the operational costs in                
 Anchorage.  He challenged the committee to show the statistics                
 which prove this.  It is not possible to have economies of scale              
 with 1,769 that you have with 46,000.  He suggested that the                  
 committee look at the reduction when the student numbers hit 8,000            
 or 10,000 students.  At that level, the number ought to be 1.0.               
 There are only three or four spots in the state which would fit               
 into that category.  An adjustment should be made for Girdwood  He            
 suggested breaking it down to 1,000 to 2,000, 2,000 to 5,000 and              
 5,000 to 8,000, making above 8,000 the 1.0 and then take this 1.10            
 and ration it down to 1.08, 1.06, 1.04 et cetera.  He felt this               
 suggestion made sense and was defensible.                                     
                                                                               
 MR. HOLST quoted Walter Hickel, "There is no vision, no hope, no              
 future, no agenda for Alaska, if your only idealogy, if your only             
 philosophy, if your only cause is to cut the budget."  He said                
 there may be more money in places than the legislature thinks ought           
 to be there, but that is not the overall problem.  A lid on                   
 spending has been in place for ten years.  Maybe ten years ago                
 there was more money than necessary in some places, but there                 
 aren't very many of those places left.  He said, speaking from a              
 place that started out with not enough, it has gotten really tough.           
 Adjusting funding for new students and saying that it is a full               
 funded education is not true.  The school district has been forced            
 to accept any cost of living adjustments for the past ten years.              
                                                                               
 MR. HOLST stated that their bus contract was recently rebid.  This            
 five year bus contract had a cost of living adjustment of 3 to 5              
 percent every year during those five years.  The Sitka experience             
 has been the same as almost every other district in the state,                
 there has been about a 30 or 40 percent increase in the cost of               
 that new contract.  The open market determines what those costs               
 are.  If the committee includes transportation in CSSSHB 148(HES),            
 then transportation, over time, is going take more money out of the           
 classrooms.  The school districts can control spending because the            
 legislature has made them, but it doesn't make it right.  He felt             
 the legislature had to loosen up a little bit and realize that the            
 schools cannot continue what they are doing for the same amount of            
 dollars.                                                                      
                                                                               
 Number 1899                                                                   
                                                                               
 REPRESENTATIVE PORTER asked if the formula proposed in CSSSHB
 148(HES) had been run against his school district's information.              
                                                                               
 Number 1901                                                                   
                                                                               
 MR. HOLST had not seen a spread sheet, so he had no idea.  He asked           
 the committee to look at the area cost differentials in terms of              
 Sitka and the size of schools issue because it won't stand up in              
 court.  This issue involves funding every community over 1,000                
 students the same way because it assumes operational efficiency.              
                                                                               
 Number 1941                                                                   
                                                                               
 CHAIRMAN BUNDE commented that the role model that Sitka achieved in           
 efficiency, in some of the ancillary services for education, should           
 be looked at as a role model.                                                 
                                                                               
 MR. HOLST commented that Sitka has no more of those ancillary                 
 services which they can reduce, other than contracting out teaching           
 services.                                                                     
                                                                               
 CHAIRMAN BUNDE announced that the committee meeting was closed, but           
 he asked the committee members to remain in order to discuss what             
 they would need to understand the complexities of the foundation              
 formula.                                                                      
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to conduct, CHAIRMAN BUNDE                    
 adjourned the meeting of the House Health, Education and Social               
 Services Standing Committee at 5:17 p.m.                                      
                                                                               

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