Legislature(1997 - 1998)

04/01/1998 03:08 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 1, 1998                                               
                     3:08 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Con Bunde, Chairman                                             
Representative Joe Green, Vice Chairman                                        
Representative Brian Porter                                                    
Representative Fred Dyson                                                      
Representative J. Allen Kemplen                                                
Representative Tom Brice                                                       
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Al Vezey                                                        
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR SENATE BILL NO. 36(FIN) am                                              
"An Act relating to public schools; relating to the definition of              
a school district, to the transportation of students, to employment            
of chief school administrators, to school district layoff plans, to            
the special education service agency, and to the child care grant              
program; and providing for an effective date."                                 
                                                                               
     - PASSED HCS CSSB 36(HES) FROM COMMITTEE                                  
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: SB  36                                                                   
SHORT TITLE: PUBLIC SCHOOL FUNDING                                             
SPONSOR(S): SENATOR(S) PHILLIPS, Taylor, Halford, Wilken,                      
Torgerson                                                                      
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/13/97        24     (S)  PREFILE RELEASED 1/10/97                           
 1/13/97        24     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 1/13/97        24     (S)  HES, FIN                                           
 2/12/97               (S)  HES AT  9:00 AM BUTROVICH ROOM 205                 
 2/12/97               (S)  MINUTE(HES)                                        
 2/27/97       542     (S)  COSPONSOR(S):  HALFORD                             
 3/14/97               (S)  HES AT  9:00 AM BUTROVICH ROOM 205                 
 3/14/97               (S)  MINUTE(HES)                                        
 3/17/97               (S)  HES AT  9:00 AM BUTROVICH ROOM 205                 
 3/17/97               (S)  MINUTE(HES)                                        
 3/19/97               (S)  HES AT  9:00 AM BUTROVICH ROOM 205                 
 3/19/97               (S)  MINUTE(HES)                                        
 3/21/97               (S)  HES AT  9:00 AM BUTROVICH ROOM 205                 
 3/21/97               (S)  MINUTE(HES)                                        
 5/05/97               (S)  HES AT  3:15 PM BUTROVICH ROOM 205                 
 5/05/97               (S)  MINUTE(HES)                                        
 5/06/97      1712     (S)  HES RPT  1AM 3NR                                   
 5/06/97      1712     (S)  AM: WILKEN; NR: GREEN, LEMAN, ELLIS                
 5/06/97      1712     (S)  FISCAL NOTES (DOE-2)                               
11/12/97               (S)  MINUTE(HES)                                        
 1/23/98               (S)  FIN AT  8:45 AM SENATE FINANCE 532                 
 2/03/98               (S)  FIN AT  9:00 AM SENATE FINANCE 532                 
 2/03/98               (S)  FIN AT  6:30 PM SENATE FINANCE 532                 
 2/24/98               (S)  FIN AT  8:30 AM SENATE FINANCE 532                 
 2/26/98               (S)  FIN AT  8:30 AM SENATE FINANCE 532                 
 2/26/98               (S)  FIN AT  6:00 PM SENATE FINANCE 532                 
 2/27/98               (S)  FIN AT  4:30 PM SENATE FINANCE 532                 
 2/28/98               (S)  FIN AT 10:00 AM SENATE FINANCE 532                 
 3/02/98      2705     (S)  COSPONSOR: WILKEN                                  
 3/03/98               (S)  FIN AT  8:30 AM SENATE FINANCE 532                 
 3/03/98               (S)  FIN AT  4:30 PM SENATE FINANCE 532                 
 3/04/98               (S)  FIN AT 10:00 AM SENATE FINANCE 532                 
 3/04/98               (S)  FIN AT  4:30 PM SENATE FINANCE 532                 
 3/06/98               (S)  FIN AT  9:00 AM SENATE FINANCE 532                 
 3/09/98               (S)  FIN AT  9:00 AM SENATE FINANCE 532                 
 3/09/98               (S)  RLS AT 11:45 AM FAHRENKAMP RM 203                  
 3/09/98               (S)  FIN AT  4:30 PM SENATE FINANCE 532                 
 3/09/98               (S)  MINUTE(RLS)                                        
 3/10/98               (S)  RLS AT  1:15 PM FAHRENKAMP RM 203                  
 3/10/98               (S)  MINUTE(RLS)                                        
 3/10/98      2805     (S)  FIN RPT  CS  5DP 1NR 1DNP   NEW TITLE              
 3/10/98      2806     (S)  DP: SHARP, PHILLIPS, PARNELL,                      
                            TORGERSON                                          
 3/10/98      2806     (S)  DONLEY  NR: PEARCE     DNP: ADAMS                  
 3/10/98      2806     (S)  FISCAL NOTE TO CS (DOE)                            
 3/10/98      2806     (S)  ZERO FISCAL NOTE TO CS (LABOR, REV)                
 3/10/98      2808     (S)  RULES TO CALENDAR & 1 OTHER REC  3/10              
 3/10/98      2809     (S)  READ THE SECOND TIME                               
 3/10/98      2809     (S)  MOTION TO ADOPT FIN CS                             
 3/10/98      2810     (S)  FIN  CS Y14 N5 E1                                  
 3/10/98      2810     (S)  AM NO  1     ADOPTED UNAN CONSENT                  
 3/10/98      2811     (S)  AM NO  2     ADOPTED UNAN CONSENT                  
 3/10/98      2811     (S)  AM NO  3     ADOPTED UNAN CONSENT                  
 3/10/98      2811     (S)  AM NO  4 WITHDRAWN                                 
 3/10/98      2812     (S)  AM NO  5     FAILED  Y5 N14 E1                     
 3/10/98      2814     (S)  AM NO  6     FAILED  Y4 N15 E1                     
 3/10/98      2814     (S)  AM NO  7     FAILED  Y5 N14 E1                     
 3/10/98      2815     (S)  AM NO  8 NOT OFFERED                               
 3/10/98      2815     (S)  AM NO  9     FAILED  Y5 N14 E1                     
 3/10/98      2816     (S)  AM NO 10     FAILED  Y5 N14 E1                     
 3/10/98      2817     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 3/10/98      2817     (S)  READ THE THIRD TIME  CSSB 36(FIN) AM               
 3/10/98      2817     (S)  COSPONSOR: TORGERSON                               
 3/10/98      2817     (S)  PASSED Y12 N7 E1                                   
 3/10/98      2818     (S)  EFFECTIVE DATE ADPTD  Y18 N1 E1                    
 3/10/98      2818     (S)  ADAMS  NOTICE OF RECONSIDERATION                   
 3/11/98      2829     (S)  RECON TAKEN UP - IN THIRD READING                  
 3/11/98      2830     (S)  PASSED ON RECONSIDERATION Y12 N8                   
 3/11/98      2830     (S)  EFFECTIVE DATE ADPTD  Y18 N2                       
 3/11/98      2831     (S)  TRANSMITTED TO (H)                                 
 3/13/98      2613     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 3/13/98      2613     (H)  HES, FINANCE                                       
 3/21/98               (H)  HES AT  1:00 PM CAPITOL 106                        
 3/21/98               (H)  MINUTE(HES)                                        
 3/25/98               (H)  HES AT  3:00 PM CAPITOL 106                        
 3/25/98               (H)  MINUTE(HES)                                        
 4/01/98               (H)  HES AT  3:00 PM CAPITOL 106                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
MIKE FORD, Attorney                                                            
Legislative Legal Counsel                                                      
Legislative Legal and Research Services                                        
130 Seward Street, Suite 409                                                   
Juneau, Alaska  99801-2105                                                     
Telephone:  (907) 465-2450                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
EDDY JEANS, Manager                                                            
School Finance Section                                                         
Education Support Services                                                     
Department of Education                                                        
801 West 10th Street, Suite 200                                                
Juneau, Alaska  99801-1894                                                     
POSITION STATEMENT:  Addressed Amendment 11.                                   
                                                                               
DAVID TEAL, Senior Analyst                                                     
McDowell Group                                                                 
416 Harris Street                                                              
Juneau, Alaska  99801                                                          
Telephone:  (907) 586-6126                                                     
POSITION STATEMENT:  Addressed Amendment 11.                                   
                                                                               
                                                                               
RICHARD S. CROSS, Deputy Commissioner                                          
Department of Education                                                        
801 West 10th Street, Suite 200                                                
Juneau, Alaska  99801-1894                                                     
Telephone:  (907) 465-8678                                                     
POSITION STATEMENT:  Answered questions on proposed committee                  
                     substitute for CSSB 36.                                   
                                                                               
DANIEL VANMETER, Student                                                       
Togiak School                                                                  
Togiak, Alaska  99678                                                          
Telephone:  Not Provided                                                       
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
COLYN ISAACSON, Student                                                        
Togiak School                                                                  
Togiak, Alaska  99678                                                          
Telephone:  Not Provided                                                       
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JEANINE KENNEDY, Executive Director                                            
Rural Alaska Community Action Program                                          
731 East 8th Avenue                                                            
Anchorage, Alaska  99501                                                       
Telephone:  (907) 279-2511                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JIM CHALIAK, Representative                                                    
Yup'ik Immersion Program                                                       
P.O. Box 2271                                                                  
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-4179                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
CHARLENE SAUNDERS                                                              
P.O. Box 140                                                                   
Cordova, Alaska  99574                                                         
Telephone:  (907) 424-3265                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
ROBERTA GILLOTT, Teacher                                                       
P.O. Box 140                                                                   
Dillingham, Alaska  99675                                                      
Telephone:  (907) 842-1316                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
MAC CARTER, Board member                                                       
Yukon Flats School District                                                    
P.O. Box 30009                                                                 
Central, Alaska  99730                                                         
Telephone:  (907) 520-5999                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
ROGER LIEBNER, Representative                                                  
Soldotna High School Parent Teacher Association                                
207 Corral Avenue                                                              
Soldotna, Alaska  99669                                                        
Telephone:  (907) 262-1339                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
RAY GRIFFITH, Superintendent                                                   
Southeast Island School District                                               
P.O. Box 8340                                                                  
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 225-9658                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
GILBERT GUTIERREZ, Member                                                      
Nome School Board                                                              
P.O. Box 306                                                                   
Nome, Alaska  99762                                                            
Telephone:  (907) 443-4364                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
ROGER JACOBSON                                                                 
Box 634                                                                        
Tok, Alaska  99780                                                             
Telephone:  (907) 883-4260                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
STEVE CATHERS                                                                  
P.O. Box 570                                                                   
Unalaska, Alaska  99685                                                        
Telephone:  (907) 581-3151                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
SAM TOWARAK, Assistant Superintendent                                          
Bering Straits School District                                                 
P.O. Box 225                                                                   
Unalakleet, Alaska  99684                                                      
Telephone:  (907) 624-3611                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
                                                                               
ARTHUR LAKE, Tribal Administrator                                              
Native Village of Kwigillingok                                                 
Kwigillingok, Alaska  99622                                                    
Telephone:  Not Provided                                                       
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
BESSIE TITUS                                                                   
Minto,                                                                         
Alaska 99758                                                                   
Telephone:  (907) 798-7112                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JANICE (INDISC.)                                                               
Hughes,                                                                        
Alaska  99745                                                                  
Telephone:  (907) 889-2293                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
DAVE JONES, Director of Finance                                                
Kodiak Island Borough School District                                          
722 Mill Bay                                                                   
Kodiak, Alaska  99615                                                          
Telephone:  (907) 486-9278                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
JIM FOSTER, Superintendent                                                     
Skagway School District                                                        
Box 297                                                                        
Skagway, Alaska  99840                                                         
Telephone:  (907) 983-2960                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
MOSES KRITZ, Mayor                                                             
City of Togiak                                                                 
Box 83                                                                         
Togiak, Alaska  99678                                                          
Telephone:  (907) 493-5829                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
GINGER JENKINSON, Representative                                               
Anchorage Council of Parent Teacher Associations                               
3940 Twilite                                                                   
Anchorage, Alaska  99516                                                       
Telephone:  (907) 345-4901                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
                                                                               
BARB ANGAIAK                                                                   
P.O. Box 1233                                                                  
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-3459                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
TOM RICHARDS, JR.                                                              
P.O. Box 73433                                                                 
Fairbanks, Alaska 99707                                                        
Telephone:  (907) 452-2316                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
KIMBERLEY A. STRONG, Representative                                            
Village of Klukwan; and ANS Grand President                                    
   for the Alaska Native Sisterhood                                            
Box 286                                                                        
Klukwan, Alaska  99827                                                         
Telephone:  (907) 767-5586                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JOHN KUNIK, Member                                                             
Copper River Against Bureaucracy                                               
Box 83                                                                         
Glennallen,  Alaska  99588                                                     
Telephone:  (907) 822-5515                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
BRIAN BERGERON, Student                                                        
Ketchikan Gateway School District                                              
2428 2nd Avenue                                                                
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 247-0524                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
BARBARA DALKE                                                                  
Box 6039                                                                       
Mentasta Lake, Alaska  99780                                                   
Telephone:  (907) 291-2327                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
BOB CHRISTAL, Superintendent of Schools                                        
Anchorage School District                                                      
4600 DeBarr Road                                                               
Anchorage, Alaska  99519                                                       
Telephone:  (907) 269-2111                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
SYD WRIGHT, Retired School Principal                                           
P.O. Box 624                                                                   
Petersburg, Alaska  99833                                                      
Telephone:  (907) 772-4859                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
OLGA SUTTON                                                                    
Box 52                                                                         
Togiak, Alaska  99678                                                          
Telephone:  (907) 493-5829                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
BILL FERGUSON                                                                  
P.O. Box 576                                                                   
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-4912                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
CRISTINA SCHNEIDER                                                             
P.O. Box 80883                                                                 
Fairbanks, Alaska  99708                                                       
Telephone:  (907) 479-3389                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
DIANE GUBATAYAO                                                                
P.O. Box 5915                                                                  
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 225-4350                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
NORA DAVID                                                                     
Box 6004                                                                       
Mentasta Lake, Alaska  99780                                                   
Telephone:  (907) 291-2312                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
ELIZABETH BACOM, School Board Member                                           
Petersburg School District                                                     
Petersburg, Alaska  99833                                                      
Telephone:  (907) 772-3090                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
                                                                               
JOE ALEXIE, Representative                                                     
Togiak Natives, Limited                                                        
Box 86                                                                         
Togiak, Alaska  99678                                                          
Telephone:  (907) 493-5146                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
DARIO NOTTI                                                                    
P.O Box 2179                                                                   
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-3072                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
REVA SHIRCEL, Director of Education                                            
Tanana Chiefs Conference                                                       
122 First Avenue                                                               
Fairbanks, Alaska  99701                                                       
Telephone:  (907) 452-8251                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JANE BROWN                                                                     
Box 92                                                                         
Glennallen, Alaska  99588                                                      
Telephone:  (907) 822-5520                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
HANNAH RAMISKEY                                                                
428 Tower                                                                      
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 225-6648                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
PAUL FROST                                                                     
Togiak,                                                                        
Alaska  99678                                                                  
Telephone:  Not provided                                                       
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
SURAIYA JOHN                                                                   
General Delivery                                                               
Mentasta Lake, Alaska  99780                                                   
Telephone:  (907) 291-2336                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
SHERYLE CHARLIE                                                                
Minto,                                                                         
Alaska 99758                                                                   
Telephone:  Not Provided                                                       
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JANICE KVERNVIK, Member                                                        
Petersburg School Board                                                        
P.O Box 1221                                                                   
Petersburg, Alaska  99833                                                      
Telephone:  (907) 772-4566                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
CHRISTINE COOPCHIAK, Representative                                            
Togiak Health Clinic                                                           
Togiak, Alaska  99678                                                          
Telephone:  (907) 493-5511                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
CATHY SAMPSON-KRUSE                                                            
P.O. Box 287, Number 3042                                                      
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-5916                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
DIANA CAMPBELL                                                                 
2071 Lakeview                                                                  
Fairbanks, Alaska  99707                                                       
Telephone:  (907) 452-7768                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JOHN THOMAS, Superintendent                                                    
Ketchikan Gateway Borough School District                                      
Pouch 2                                                                        
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 225-2118                                                     
POSITION STATEMENT:  Testified in support of SB 36.                            
                                                                               
GORDON KRON                                                                    
Box 627                                                                        
Tok, Alaska  99780                                                             
Telephone:  (907) 883-5771                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
JOHN CYR, President                                                            
NEA-Alaska                                                                     
114 2nd Street                                                                 
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-3090                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
LUCY CROW                                                                      
P.O. Box 567                                                                   
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-2535                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
CYNTHIA HENRY, Legislative Chair                                               
Fairbanks North Star Borough School Board                                      
P.O. Box 70785                                                                 
Fairbanks, Alaska  99707                                                       
Telephone:  (907) 474-0034                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
TILLI ABBOTT, Principal                                                        
Hoonah City Schools                                                            
P.O. Box 592                                                                   
Hoonah, Alaska  99829                                                          
Telephone:  (907) 945-613                                                      
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
KARL GREENEWALD, SR., Representative                                           
Huna Totem Corporation                                                         
P.O. Box 202269                                                                
Anchorage, Alaska  99501                                                       
Telephone:  (907) 243-3940                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
JOANN MCDONALD                                                                 
P.O. Box 1001                                                                  
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-6072                                                     
POSITION STATEMENT:  Dario Notti read her testimony into the                   
                     record.                                                   
                                                                               
LINDA DEMIENTIEFF                                                              
102 Antoinette Street                                                          
Fairbanks, Alaska  99701                                                       
Telephone:  (907) 451-6601                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
CHRIS CAMPBELL, Member                                                         
Ketchikan School Board                                                         
601 Main Street                                                                
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 225-1477                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
ROBERT MCCLORY                                                                 
162 Shoup Road                                                                 
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 225-1477                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
SANDY JOHN                                                                     
Tok,                                                                           
Alaska  99780                                                                  
Telephone:  (907) 883-5355                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
UNIDENTIFIED SPEAKER                                                           
Kwigillingok,                                                                  
Alaska  99622                                                                  
Telephone:  Not Provided                                                       
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
REBECCA GAMEZ, Director                                                        
Employment Security Division                                                   
Department of Labor                                                            
P.O. Box 25509                                                                 
Juneau, Alaska  99802-5509                                                     
Telephone:  (907) 465-2711                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
MIKE NOEL, Info Services Manager                                               
Division of Administrative Services                                            
Department of Labor                                                            
P.O. Box 21149                                                                 
Juneau, Alaska  99802-1149                                                     
Telephone:  (907) 465-4881                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
CYNDEE SIMPSON SUGAR                                                           
P.O. Box 1574                                                                  
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-2700                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
                                                                               
VELETA MURPHY                                                                  
270 Ester Drive                                                                
Fairbanks, Alaska  99709                                                       
Telephone:  (907) 455-9075                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
PAUL SUGAR                                                                     
P.O. Box 1574                                                                  
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-2700                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
DEBORAH VOGT, Deputy Commissioner                                              
Department of Revenue                                                          
P.O. Box 110400                                                                
Juneau, Alaska  99811-0400                                                     
Telephone:  (907) 465-2300                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
BOB MEDINGER                                                                   
P.O. Box 1063                                                                  
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-4486                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
SHIRLEY DEMIENTIEFF, President                                                 
Fairbanks Native Association                                                   
229 Second Avenue                                                              
Fairbanks, Alaska  99701                                                       
Telephone:  (907) 456-3318                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
BILL WILKERSON                                                                 
Kwigillingok,                                                                  
Alaska                                                                         
Telephone:  (907) 588-8629                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
GLEN MARUNDE                                                                   
Box 192                                                                        
Tok, Alaska  99780                                                             
Telephone:  (907) 883-4601                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
CARL WILLIAMS                                                                  
P.O. Box 2073                                                                  
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-2958                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
DENA IVEY, Representative                                                      
Fairbanks Chapter of the Alaska Native                                         
   Brotherhood and Sisterhood                                                  
P.O. Box 80164                                                                 
Fairbanks, Alaska  99708                                                       
Telephone:  (907) 456-2471                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
STEVEN BURKE                                                                   
P.O. Box 943                                                                   
Bethel, Alaska  99559                                                          
Telephone:  (907) 543-5277                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
JOHN PECKHAM                                                                   
P.O. Box 8394                                                                  
Ketchikan, Alaska  99901                                                       
Telephone:  (907) 225-6047                                                     
POSITION STATEMENT:  Testified on proposed committee substitute                
                     for CSSB 36.                                              
                                                                               
PATRICIA OKSOKTARUK                                                            
648 Rebecca Street, Number 3                                                   
Fairbanks, Alaska  99709                                                       
Telephone:  (907) 458-7343                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
KAREN KALLEN-BROWN                                                             
P.O. Box 84056                                                                 
Fairbanks, Alaska  99708                                                       
Telephone:  (907) 457-7270                                                     
POSITION STATEMENT:  Testified in opposition to SB 36.                         
                                                                               
MARGARET WILSON                                                                
548 Aquila                                                                     
Fairbanks, Alaska  99712                                                       
Telephone:  (907) 457-7798                                                     
POSITION STATEMENT: Testified in opposition to SB 36.                          
                                                                               
DON SHIRCEL                                                                    
1150 Euriophorum Drive                                                         
Fairbanks, Alaska  99709                                                       
Telephone:  (907) 474-8044                                                     
POSITION STATEMENT:  Testified on SB 36.                                       
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-37, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN CON BUNDE called the House Health, Education and Social               
Services Standing Committee meeting to order at 3:08 p.m.  Members             
present at the call to order were Representatives Bunde, Green,                
Dyson and Kemplen.  Representatives Porter and Brice arrived at                
3:09 p.m. and 3:11 p.m., respectively.  Representative Vezey was               
absent.                                                                        
                                                                               
CSSB 36(FIN)am - PUBLIC SCHOOL FUNDING                                         
                                                                               
Number 0052                                                                    
                                                                               
CHAIRMAN BUNDE announced the committee would be hearing CSSB
36,(FIN)am,  "An Act relating to public schools; relating to the               
definition of a school district, to the transportation of students,            
to employment of chief school administrators, to school district               
layoff plans, to the special education service agency, and to the              
child care grant program; and providing for an effective date."                
The committee would consider amendments first and then begin to                
take public testimony.  The meeting was being teleconferenced to 20            
sites to allow for public input.                                               
                                                                               
Number 0138                                                                    
                                                                               
CHAIRMAN BUNDE stated the committee would begin with discussion on             
Amendment 2.  Representative Porter had moved Amendment 2 at the               
previous meeting and Representative Kemplen had objected.  Chairman            
Bunde explained Amendment 2 would basically institute a local                  
contribution in areas of the state that currently do not make a                
local contribution to their schools.                                           
                                                                               
Number 0241                                                                    
                                                                               
REPRESENTATIVE J. ALLEN KEMPLEN noted that a question had been                 
raised at the previous meeting regarding the impact of this                    
proposed amendment on individuals in urban areas who were working              
in the Rural Education Attendance Areas (REAAs).  He asked if that             
issue had been resolved.                                                       
                                                                               
CHAIRMAN BUNDE said, "I believe as the application of the amendment            
is anticipated and there will of course be regulations that have to            
be developed to get this amendment, or the whole bill, into action,            
but that anyone who was domiciled outside an REAA would not be                 
subject to this tax, only those people who are not -- any Alaskan              
resident who is domiciled outside the REAA.  The thought being that            
someone living in Fairbanks is already paying taxes to support                 
their school or any of the other urban areas.  It's only the REAAs             
where local support is required."                                              
                                                                               
Number 0338                                                                    
                                                                               
REPRESENTATIVE KEMPLEN referred to page 2, line 17 of the amendment            
which states, "For purposes of AS 43.42.020, an employer has a                 
business situs in the unorganized borough outside of a home rule or            
first class city if, at any time in the calendar year, an                      
individual performs services in the unorganized borough outside of             
a home rule or first class city as an employee of that employer."              
He asked for an interpretation of that section.                                
                                                                               
CHAIRMAN BUNDE said, "I believe what that's saying is that you are             
doing business in an REAA if you meet this description and if you              
employ persons as you do that business, they would be subject to a             
tax to support their schools."  He asked Mike Ford if he had                   
additional comments regarding the amendment.                                   
                                                                               
Number 0424                                                                    
                                                                               
MIKE FORD, Attorney, Legislative Legal Counsel, Legislative Legal              
and Research Services, said the tax is imposed if compensation is              
received for services performed in the unorganized borough.  For               
example, an Anchorage resident, performing services and receiving              
compensation for those services in the unorganized borough, is                 
subject to the tax.  There is a credit provision, however, that                
allows the individual to recover that amount paid, assuming the                
individual already contributed to schools in an area other than the            
unorganized borough.                                                           
                                                                               
Number 0464                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked if for example a heavy equipment                  
owner/operator from Fairbanks who accepts a job in an REAA for the             
summer, would be taxed on the compensation received.                           
                                                                               
MR. FORD said, "Correct.  In the unorganized borough."                         
                                                                               
CHAIRMAN BUNDE interjected, "Not if he lives in Fairbanks."                    
                                                                               
MR. FORD said, "Well no, he's compensated for services performed in            
the unorganized borough."                                                      
                                                                               
CHAIRMAN BUNDE said, "And he would be exempt from taxation if he               
was ..."                                                                       
                                                                               
MR. FORD said, "Not technically true.  He would be subject to the              
tax but he has a credit against the tax for which he could apply.              
So it's not an exemption, but a credit."                                       
                                                                               
Number 0537                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked how much the credit would be.                     
                                                                               
MR. FORD said it's a credit up to the amount of the tax paid by the            
individual.                                                                    
                                                                               
Number 0551                                                                    
                                                                               
REPRESENTATIVE BRICE stated, "It's a credit up to the amount of tax            
you've paid.  You have a guy doing electrical finish work who might            
hit three different REAAs in a day.  Say he pays $1,100 on his                 
property tax at home - probably a fifth or sixth of that goes to               
schools, say $200 or $300 goes to schools - he's credited the $200             
or $300, correct?  After that credit, he no longer can apply for               
it."                                                                           
                                                                               
MR. FORD said that was correct.                                                
                                                                               
Number 0617                                                                    
                                                                               
REPRESENTATIVE JOE GREEN said in the example given, hypothetically             
that same $300 would be deducted from any of other taxes.                      
                                                                               
MR. FORD confirmed that.                                                       
                                                                               
CHAIRMAN BUNDE pointed out the wages of a nonresident working in an            
REAA would be subject to the tax, as well.                                     
                                                                               
MR. FORD said that was correct.                                                
                                                                               
REPRESENTATIVE GREEN asked "Is that like Slope workers, where their            
domicile may be paying taxes for a home they own, wherever that may            
be, is it only Alaskan taxes that are deductible or any school                 
tax?"                                                                          
                                                                               
MR. FORD responded the way it's currently structured, it's only if             
a person pays taxes to a city and borough school district in                   
Alaska.                                                                        
                                                                               
Number 0710                                                                    
                                                                               
REPRESENTATIVE KEMPLEN inquired if it's up to the individual to                
make a claim for reimbursement.                                                
                                                                               
CHAIRMAN BUNDE said that was correct.                                          
                                                                               
REPRESENTATIVE KEMPLEN asked if there were reporting obligations               
for the employer.                                                              
                                                                               
MR. FORD said employers are required to report the amount of tax               
collected on forms prepared by the Departments of Labor and                    
Revenue.                                                                       
                                                                               
REPRESENTATIVE KEMPLEN affirmed that any business doing business in            
the REAAs will be required to complete additional paperwork.                   
                                                                               
CHAIRMAN BUNDE pointed out the impact would be minimal; this would             
be added to the quarterly reports already required for other state             
reporting.                                                                     
                                                                               
Number 0770                                                                    
                                                                               
CHAIRMAN BUNDE asked if there was further discussion on                        
Amendment 2.  He announced a motion was before the committee to                
move Amendment 2.                                                              
                                                                               
REPRESENTATIVE KEMPLEN objected.                                               
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representatives Dyson,             
Porter, Green and Bunde voted in favor of adopting Amendment 2.                
Representatives Brice and Kemplen voted against it.  Representative            
Vezey was absent.  Therefore, Amendment 2 was adopted by a vote of             
4-2.                                                                           
                                                                               
CHAIRMAN BUNDE said Amendment 3 will not be offered.                           
                                                                               
Number 0910                                                                    
                                                                               
REPRESENTATIVE BRIAN PORTER made a motion to adopt Amendment 4.                
                                                                               
REPRESENTATIVE BRICE objected.                                                 
                                                                               
Number 0924                                                                    
                                                                               
CHAIRMAN BUNDE said Amendment 4 speaks to concerns raised by the               
Department of Education at the previous meeting.                               
                                                                               
MR. FORD explained the department was concerned with the usage of              
certain terms in the legislation and Amendment 4 is just a clean-up.           
                                                                               
Number 0972                                                                    
                                                                               
REPRESENTATIVE BRICE withdrew his objection.                                   
                                                                               
CHAIRMAN BUNDE asked if there was further objection.                           
                                                                               
REPRESENTATIVE DYSON inquired why "state share of public school                
funding" was less acceptable than "basic need of each district."               
                                                                               
MR. FORD said the amendment is an attempt to fine tune the terms so            
there isn't any confusion between what "state share" versus "state             
aid" means. In determining the amount of money a district gets                 
under the formula, it's important to be consistent in the use of               
the terms.  He explained this actually gets closer to the existing             
system in terms of having "basic need."  He agrees with the                    
department's recommendation to tighten up the language.                        
                                                                               
CHAIRMAN BUNDE said hearing no further objection, Amendment 4 was              
adopted.                                                                       
                                                                               
Number 1039                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 5.                       
                                                                               
CHAIRMAN BUNDE explained this amendment speaks to the concern                  
raised by the Department of Education regarding transition                     
language.                                                                      
                                                                               
MR. FORD said this language is in existing law.  It doesn't appear             
in the bill, but the department favors including this language                 
which provides a transition period for calculating the local                   
contribution in case other city and borough school districts are               
formed.                                                                        
                                                                               
CHAIRMAN BUNDE added it is preemptive language in the event there              
are new boroughs formed; there are none contemplated, however.                 
                                                                               
Number 1082                                                                    
                                                                               
REPRESENTATIVE BRICE questioned the impact of the transition                   
language.                                                                      
                                                                               
CHAIRMAN BUNDE said there is no impact because there are no new                
boroughs being formed, but if a borough were to form in the future,            
this is the mechanism under current law as to how the borough would            
transition into the foundation formula.                                        
                                                                               
MR. FORD said that was correct.  If any new borough or school                  
district is formed, the actual practical effect would be to                    
increase the amount of state money and give a break on the local               
end for a 3-year period.                                                       
                                                                               
Number 1115                                                                    
                                                                               
REPRESENTATIVE GREEN commented, "We have impacted individual                   
schools and there has been almost a tendency to want to move                   
schools together to form a different or at least a different                   
looking school district.  Would that apply the same way or would               
that not be considered a new one, just a revised one?"                         
                                                                               
MR. FORD responded if it is a city and borough district, not an                
REAA, then this would apply.                                                   
                                                                               
CHAIRMAN BUNDE said hearing no objection, Amendment 5 was adopted.             
                                                                               
Number 1159                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 6.                       
                                                                               
CHAIRMAN BUNDE said Amendment 6 addresses concerns expressed by the            
Department of Education to include "intensive student count".                  
                                                                               
Number 1180                                                                    
                                                                               
MR. FORD suggested inserting "the" before "intensive student                   
count".                                                                        
                                                                               
CHAIRMAN BUNDE said that was a technical amendment.  Hearing no                
objection, Amendment 6 was adopted.                                            
                                                                               
Number 1236                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 7.                       
                                                                               
CHAIRMAN BUNDE explained Amendment 7 addresses the Department of               
Education's expressed concern regarding the 20 percent special                 
needs.  The department's concern was that if a district did not                
offer one of the programs, for example, a gifted and talented                  
program, the district may not qualify for the 20 percent.                      
                                                                               
MR. FORD said this amendment should address the department's                   
concern because a report will be required only on the services                 
provided.                                                                      
                                                                               
CHAIRMAN BUNDE pointed out it requests that districts provide a                
report to the state to alleviate parental concern about special                
needs funding not being properly spent.                                        
                                                                               
CHAIRMAN BUNDE asked if there was objection to Amendment 7.                    
Hearing none, Amendment 7 was adopted.                                         
                                                                               
CHAIRMAN BUNDE welcomed Senator Wilken and announced the committee             
would temporarily skip Amendment 8 and go on to Amendment 9.                   
                                                                               
Number 1313                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 9.                       
                                                                               
CHAIRMAN BUNDE noted Amendment 9 addresses the Department of                   
Education's concern regarding the definition of "Eligible Impact               
Aid".                                                                          
                                                                               
MR. FORD pointed out the existing formula has a definition of                  
eligible federal impact aid which is not included in the proposed              
legislation.  This amendment adds the definition and revises                   
citations to comply with federal law.                                          
                                                                               
CHAIRMAN BUNDE asked if there was objection to Amendment 9.                    
Hearing none, Amendment 9 was adopted.                                         
                                                                               
Number 1362                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 10.                      
                                                                               
CHAIRMAN BUNDE noted Amendment 10 addresses the Department of                  
Education's concern regarding funding for the Special Education                
Service Agency (SESA).                                                         
                                                                               
MR. FORD said this amendment revises the way in which money going              
to the agency is calculated and provides a transition provision to             
ensure SESA doesn't lose funding for FY 99 because of the effects              
of the change.                                                                 
                                                                               
Number 1497                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked for an explanation of the $15.75                  
figure in the amendment.                                                       
                                                                               
SENATOR GARY WILKEN replied, "It's the equivalent -- it's being                
deleted -- the calculation has been a function of defining special             
education students and in order to make this more simple, we're now            
making the allotment a function of average daily membership (ADM),             
so the $15.75 is to average daily membership as the $85 is to the              
special education students federal classification.  So it's revenue            
neutral and if in the future one needs more or less, then we can               
address the $15.75 as a function of ADM.  It's much more clear to              
the people involved."                                                          
                                                                               
CHAIRMAN BUNDE noted this speaks to $15.75 per student instead $85             
in a different formula.                                                        
                                                                               
CHAIRMAN BUNDE asked if there was objection.  Hearing none,                    
Amendment 10 was adopted.                                                      
                                                                               
Number 1558                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 11.                      
                                                                               
CHAIRMAN BUNDE explained that Amendment 11 deals with the                      
department's concern to clarify intent in the transition for small             
schools.                                                                       
                                                                               
MR. FORD said he believed the problem was with schools that had                
less than 10 students and so by altering this formula, those                   
schools will be consolidated with the school in the district with              
the highest ADM, which affects the funding calculation for that                
district.                                                                      
                                                                               
Number 1596                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked for an explanation of the new                     
subsection.                                                                    
                                                                               
CHAIRMAN BUNDE asked Eddy Jeans to come forward.                               
                                                                               
Number 1675                                                                    
                                                                               
EDDY JEANS, Manager, School Finance Section, Education Support                 
Services, Department of Education, explained this language sets the            
minimum size for schools at ten and simply states that if a                    
district has a school serving less than ten students, those                    
students will be counted in the largest school in the district.                
                                                                               
REPRESENTATIVE BRICE questioned why those students wouldn't be                 
included in the smallest school.                                               
                                                                               
MR. JEANS said the purpose of placing the students in a school with            
the highest ADM is those students will not generate the larger                 
dollars that are associated with operating a small school.                     
                                                                               
Number 1711                                                                    
                                                                               
REPRESENTATIVE PORTER commented it would perhaps disadvantage the              
next higher school by moving them into a higher category and                   
lowering their adjusted student count.                                         
                                                                               
REPRESENTATIVE KEMPLEN inquired if it would be to the benefit of               
those smaller schools.                                                         
                                                                               
MR. JEANS said, "I wouldn't say that this benefits small schools.              
Schools serving less than ten students are counted in the largest              
school therefore generating less dollars per student."                         
                                                                               
CHAIRMAN BUNDE explained taking a school with 8 students and                   
consolidating it with a school of 23 students, would cause the                 
student count to jump to the next category resulting in the                    
combined school having less money than schools in the 20-30 student            
category.                                                                      
                                                                               
REPRESENTATIVE KEMPLEN inquired why a school of less than ten                  
wouldn't be counted with the school in closest proximity rather                
than the largest school.                                                       
                                                                               
Number 1853                                                                    
                                                                               
DAVID TEAL, Senior Analyst, McDowell Group, explained, "If you're              
using an example of a school with 8 students, right now the minimum            
count for any school is at 39.5 or 40 kids, so if you had a school             
with 8 students, they would actually be counted as 5 students each.            
And if you count those students in a larger school, say 100 kids or            
200 kids or something ...."                                                    
                                                                               
CHAIRMAN BUNDE interjected because of the multiplier they are                  
counted as if there were ....                                                  
                                                                               
MR. TEAL continued, "Yes, there's a size formula that takes every              
school and gives them an adjusted student count.  The minimum                  
student count is 40 and so that each student would have been                   
counted as five students.  If you put them into a larger school                
they might be counted as 1.5 students or 1.6 or something like                 
that.  So that clearly you do get less money if you're going to                
count them, I guess -- it doesn't make schools close -- my opinion             
on that would be the way it was, if I understand it correctly, was             
you just don't count schools of fewer than ten.  So all you're                 
doing now is, I think, giving some local choice in saying you don't            
actually have to close that school of fewer than 10 students but               
you're not going to get funded at a level of 40 students; you're               
only going to get 15 or so funding for them, which is what they                
would get if they were in a larger school."                                    
                                                                               
Number 1922                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked, "Is there a difference between the               
ADM of that school that (indisc.) with the highest ADM and another             
school.  What practical effect does that have of having them                   
grouped with the school with the highest ADM versus someone with a             
lower ADM?"                                                                    
                                                                               
MR. TEAL replied, "The funding is per student.  Let's just say that            
you got $5,000 per student, if you counted them as a school                    
independent of all others - you had 8 kids and they were counted as            
40 kids at $5,000, you'd get $200,000 for that school.  If those               
students were grouped in with a larger school, there again they're             
now counted as say 1.5, you're now going to get 12 student count at            
$5,000 [which] is only $60,000.  So the effect is a loss of                    
$140,000.  Those numbers are just kind of pulled out of the air,               
but that's conceptually what happens."                                         
                                                                               
Number 1979                                                                    
                                                                               
REPRESENTATIVE GREEN asked, "So if we have eight students and                  
they're going to be counted as the highest, will it make a                     
difference which sized school they go into?  In other words, do                
they then have a split formula or do they become part of the mass              
of the bigger school?"                                                         
                                                                               
MR. TEAL said it's the biggest school.                                         
                                                                               
REPRESENTATIVE GREEN said, "I understand that.  But I mean, say                
they went into a school that had 30-75 - Case A and Case B - they              
go into a school of 250-400, do they still go in -- either place in            
the count, they are counted at the highest level, something like               
750 ...."                                                                      
                                                                               
CHAIRMAN BUNDE asked if he was correct that about half of the                  
schools have 200 or fewer students?                                            
                                                                               
Number 2018                                                                    
                                                                               
RICHARD S. CROSS, Deputy Commissioner, Department of Education,                
said that was correct.                                                         
                                                                               
CHAIRMAN BUNDE stated, "So we are talking about, when you say                  
you're going from a school of 10 to the highest in that region, the            
highest that they would likely go would be counted in a school of              
200.  Is that correct?"                                                        
                                                                               
MR. CROSS said, "Not necessary so, because some of our very large              
districts have very small schools, like Kenai for example."                    
                                                                               
Number 2036                                                                    
                                                                               
MR. TEAL said, "Here's an example.  In Haines there's Mosquito Lake            
School with 8 students, they would now be funded as if they had 40             
students and they would be included in Haines Elementary with 194              
students and would be counted as 1.08.  In other words, basically              
nine students.  So the loss could be substantial and as Mr. Cross              
said if the school were even larger than that, the multiplier could            
fall further than that."                                                       
                                                                               
Number 2058                                                                    
                                                                               
REPRESENTATIVE KEMPLEN asked if the economic impact would possibly             
be less if a school of less than ten was grouped with a closer                 
school in the district.                                                        
                                                                               
MR. TEAL remarked, "It could never be worse.  I mean, that's all I             
can say."                                                                      
                                                                               
REPRESENTATIVE GREEN said, "Let's go back to the hypothetical then             
that the largest one would be 250 and that would be 1.08 for those             
8 students - going into a school of say 30 to 75 now - would they              
go in at 1.08 and the rest of the students in that 30 to 75 would              
be 1.49 or ...."                                                               
                                                                               
MR. TEAL said they would just be counted as additional students in             
the larger school.                                                             
                                                                               
REPRESENTATIVE GREEN pointed out the proposed language states                  
"highest" as opposed to larger.  He said, "And so in that district,            
they may have a school that's 250 and would they be counted at that            
rate - 1.08 or the school that is -- they're going into a different            
school.  In other words, they're not going into the highest school,            
they're just ...."                                                             
                                                                               
CHAIRMAN BUNDE clarified that students aren't necessarily                      
physically moving; the funding for those students would be counted             
as if they had moved physically to the largest school.  He                     
explained it doesn't mean that a school of ten or fewer students               
has to close, but if the school stayed open there would be                     
considerably less money.                                                       
                                                                               
Number 2151                                                                    
                                                                               
CHAIRMAN BUNDE asked if there were further questions.                          
                                                                               
Number 2159                                                                    
                                                                               
REPRESENTATIVE BRICE made a motion to amend Amendment 11 by                    
deleting "highest" and inserting "lowest".                                     
                                                                               
REPRESENTATIVE GREEN objected.                                                 
                                                                               
Number 2169                                                                    
                                                                               
REPRESENTATIVE BRICE said, "The idea is the higher the ADM, the                
lower the amount of state contribution.  He agreed that a school of            
ten students is probably too small, but that count should be                   
potentially at the highest amount for those kids, even if they are             
going into a neighboring school.  He said, "I think what you're                
talking about is turning a small school -- or reducing the funding             
for a small school to reflect the needs that are being funded for              
a larger school."                                                              
                                                                               
CHAIRMAN BUNDE explained, "I think we're comparing two different               
things.  If a school of fewer than eight students, if the students             
were to pick up and physically move to the next largest school,                
wherever it be, they would be funded at that level because they are            
now students of that school.  What we're saying is, if you have the            
eight students or four in one case of a school with four students,             
if you wish to remain where you are as a separate school, you can              
do that, but it's like you can fly if you can find wings."                     
                                                                               
REPRESENTATIVE BRICE suggested perhaps the language should reflect             
the closest school, not necessarily the largest school due to a                
potential annexation of a small school from a large district and               
the problem of children being transported long distances.                      
                                                                               
Number 2261                                                                    
                                                                               
REPRESENTATIVE GREEN noted the problem with putting it at the                  
lowest is that it's a disincentive to remain as an inefficient                 
school.  Whereas, if it's put at the highest, which is actually the            
lower funding, there is an incentive to either get larger or move              
to a larger school.                                                            
                                                                               
Number 2279                                                                    
                                                                               
REPRESENTATIVE PORTER added, "If a smaller school decides to merge,            
they can merge with any school that they want to.  Then their                  
funding is commensurate with whatever size that newly added to                 
school has.  If it is the next biggest, then it stays - it might               
even not be affected depending on how their numbers worked out.                
The disincentive of not merging is provided by saying that if                  
you're going to stay with that little inefficient school, you're               
going to get the least amount per student, not the next best."                 
                                                                               
REPRESENTATIVE KEMPLEN commented, "Then if I understand correctly              
from the comments of the prior two speakers, is that there's                   
implicit in this language, an incentive mechanism for a merging of             
schools -- an incentive for small schools to merge into the larger             
schools, is that correct?"                                                     
                                                                               
CHAIRMAN BUNDE commented only if the school has ten or fewer                   
students.  There's no impact on a school that has ten or more                  
students.  A school of four merging with a school of ten would be              
funded at the highest level.  However, those two schools can stay              
independent if they so choose, but there's a ....                              
                                                                               
TAPE 98-37, SIDE B                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN BUNDE ... very strong economic incentive not to.                      
                                                                               
REPRESENTATIVE BRICE explained, "I would just suggest that the                 
intention of the amendment is to say that if the decision is to                
merge, maybe -- and maybe I'm not even getting to it with this,                
maybe there's some other language we need to look at -- if the                 
incentive should be to go to the nearest school -- and this doesn't            
do it and maybe I should withdraw that and then withdraw the lowest            
and then go to the closest.  So what we don't do is have a group of            
kids at community A being moved to community F if they want to make            
that they should go to community B if community B is viable."                  
                                                                               
CHAIRMAN BUNDE noted there is nothing that would preclude that from            
happening.  If students from community A move to community B, they             
become students of B and are funded at that level.                             
                                                                               
REPRESENTATIVE GREEN said this is a disincentive not to stay at                
community A.                                                                   
                                                                               
CHAIRMAN BUNDE noted there was an amendment to Amendment 11 that               
would change line 9 from "highest ADM" to "lowest ADM".                        
                                                                               
REPRESENTATIVE GREEN maintained his objection.                                 
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representatives Brice,             
Dyson and Kemplen voted in favor of the amendment to Amendment 11.             
Representatives Porter, Green and Bunde voted against it.                      
Therefore, the amendment to Amendment 11 failed by a vote of 3-3.              
                                                                               
CHAIRMAN BUNDE asked if there was further discussion on Amendment              
11.                                                                            
                                                                               
Number 0109                                                                    
                                                                               
REPRESENTATIVE BRICE pointed out Section 38 of the proposed                    
legislation refers to the "largest" school in the district whereas             
Amendment 11 refers to the "highest" ADM.  He asked if there was a             
difference?                                                                    
                                                                               
MR. FORD said he didn't believe there was a difference.                        
                                                                               
CHAIRMAN BUNDE pointed out there is a difference between the                   
largest school district and the highest ADM school.                            
                                                                               
MR. FORD thought it was a technical change.                                    
                                                                               
CHAIRMAN BUNDE noted that Amendment 11 was before the committee.               
He asked if there was objection.                                               
                                                                               
REPRESENTATIVE KEMPLEN objected.                                               
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representatives Brice,             
Dyson, Porter, Green and Bunde voted in favor of the amendment.                
Representative Kemplen voted against it.  Therefore, Amendment 11              
passed on a vote of 5-1.                                                       
                                                                               
Number 0162                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 12.                      
                                                                               
CHAIRMAN BUNDE explained Amendment 12 updates the base student                 
allocation on page 21, lines 13 and 14.                                        
                                                                               
Number 0182                                                                    
                                                                               
REPRESENTATIVE BRICE noted that a comma should be placed between               
the 3 and the 8.                                                               
                                                                               
CHAIRMAN BUNDE said he was correct.  He asked if there was                     
objection to Amendment 12.  Hearing none, Amendment 12 was adopted.            
                                                                               
Number 0202                                                                    
                                                                               
REPRESENTATIVE GREEN made a motion to adopt Amendment 13.                      
                                                                               
CHAIRMAN BUNDE explained Amendment 13 allows a portion of the                  
quality schools which the Governor has expressed concern about.  It            
allows the implementation of performance standards, which is in                
addition to the graduation requirements.                                       
                                                                               
CHAIRMAN BUNDE asked if there was objection.  Hearing none,                    
Amendment 13 was adopted.                                                      
                                                                               
CHAIRMAN BUNDE announced the committee would begin taking public               
testimony which would be limited to three minutes because of the               
number of people signed up to testify.                                         
                                                                               
Number 0334                                                                    
                                                                               
DANIEL VANMETER, Student, Togiak School testified in opposition to             
SB 36.  He informed the committee of the progress that's been made             
in the Togiak School; e.g., test scores are up, the majority of                
seniors have college plans for the first time in years, fifth                  
graders are starting pre-algebra and others.  He said this is not              
the time to send the message that rural students' education isn't              
as important as urban students.  Kids across the state deserve an              
equal chance for a good education and denying a good education                 
could have severe economic and social consequences.                            
                                                                               
Number  0398                                                                   
                                                                               
COLYN ISAACSON, Fifth Grade Student, Togiak School, thanked the                
committee for allowing her the opportunity to participate in the               
legislative process.  She said if educational funding is decreased,            
she may have to go to a boarding school when she reaches high                  
school because the school district could not maintain a high                   
school.  She pointed out the U.S. Government supports public                   
education as a basic right and the Alaska Constitution mandates an             
adequate education.  The students of Togiak are asking they not be             
made to choose between an adequate education and their families.               
                                                                               
CHAIRMAN BUNDE noted this is not an attempt to take education away             
from children, but it's an attempt to change things a bit and if               
more efficiency can be achieved in the school system, there                    
hopefully will be more money available for the schools.                        
                                                                               
Number 0482                                                                    
                                                                               
REPRESENTATIVE BRICE asked if the Togiak school was one school for             
grades 1-12.                                                                   
                                                                               
MR. VANMETER replied it was one school, K-12 with 262 students.                
                                                                               
Number 0514                                                                    
                                                                               
SENATOR WILKEN pointed out the Southwest Regional School District              
currently receives $9,700 per student whereas the Anchorage School             
District gets $3,900 per student.  Under the proposed legislation,             
Southwest Regional School District would receive $8,747 per student            
and Anchorage would get $4,000 per student.                                    
                                                                               
Number 0583                                                                    
                                                                               
JEANINE KENNEDY, Executive Director, Rural Alaska Community Action             
Program RurALCAP, testified via teleconference from Anchorage. She             
said RurALCAP is a nonprofit organization with central offices                 
located in Anchorage, and its main function is to administer Head              
Start and early Head Start programs in 32 communities statewide and            
is not affected by the education funding formula.  Senator Phillips            
has stated the proposed legislation will achieve simplicity, equity            
and accountability; however, the Board of Directors of RurALCAP                
believes the real issue is that urban schools are needing and                  
demanding more money for their operations, while rural schools are             
saying that current funding is inadequate to cover their needs.                
Senate Bill 36 is not simplicity, equity and accountability.  If it            
were, the legislature would approve an increase in funding for                 
education in both urban and rural areas of the state.  This                    
legislation proposes to take money from one area of the state and              
give it to another.  In short, the proposed changes in the                     
educational foundation formula are nothing more than a                         
redistribution of existing dollars in a fashion that is rapidly                
creating divisiveness among Alaskan citizens.  She suggested the               
existing foundation formula be kept in place until a formula that              
is more fair and equitable can be developed.                                   
                                                                               
CHAIRMAN BUNDE noted the legislature had been studying formulas                
across the United States and the majority of states believe that a             
per student formula is a far more effective and fair way to                    
distribute the money.                                                          
                                                                               
Number 0810                                                                    
                                                                               
JIM CHALIAK, Representative, Yup'ik Immersion Program, testified               
via teleconference from Bethel in opposition to SB 36.  He said the            
first point is that ongoing materials development is desperately               
needed in the district for Yup'ik first and second language                    
programs.  If this legislation passes, the projects and funding                
will decrease or be eliminated altogether.  Second, major support              
from the bilingual curriculum department in the district offices               
will either be drastically reduced or eliminated.  That support                
includes materials development for the Yup'ik programs. Third, a               
reduction of instructional aides will negatively impact student                
learning as these aides are an integral part of daily, small group,            
individual instruction.  Lastly,  without the monetary support, the            
level of student achievement and performance will decrease as a                
result of program staff reduction.                                             
                                                                               
Number 1018                                                                    
                                                                               
CHARLENE SAUNDERS testified via teleconference from Cordova.  She              
expressed her appreciation for the time and effort that's gone into            
the formulation of this legislation.  It is her opinion that more              
money needs to be put into public education, but it appears this               
legislation moves the same monies from one district to another.                
People of the state do not want to take from Peter to pay Paul; all            
schools deserve full and appropriate funding.  She stressed the                
needs of her local school district are increasing, the funding is              
shrinking and the facilities are falling down.   She believes the              
only solution is to pass legislation that includes increased                   
funding.                                                                       
                                                                               
CHAIRMAN BUNDE said that until there's equity in the formula, it's             
unlikely more money will be available.                                         
                                                                               
Number 1067                                                                    
                                                                               
ROBERTA GILLOTT, Teacher, testified via teleconference from                    
Dillingham.  She said based on her experience, she sees that                   
schools in rural Alaska are struggling to allow students to achieve            
their potential.  She believes that statistics have been used to               
gear this issue; it's been said 30 percent of the students get 20              
percent of the funding, but she learned from reviewing statistics              
that two dissimilar entities cannot be compared in that way.  Rural            
and urban school districts are too vastly dissimilar to compare                
equally.   She noted that while urban areas give financial support             
to their local schools, the rural areas don't necessarily have                 
money to spare so they support their schools with time and effort.             
Schools are the backbone of a rural community and breaking that                
backbone will ultimately break the state's back because it will                
affect not only the schools, but the community as a whole.  She                
agreed that money needed to be added to the education system; not              
just reallocated.                                                              
                                                                               
CHAIRMAN BUNDE pointed out that in 1996, there was $460 million                
earned income in rural Alaska.                                                 
                                                                               
Number 1169                                                                    
                                                                               
MAC CARTER, Board Member, Yukon Flats School District, testified               
from Fairbanks via teleconference in opposition to SB 36.  He said             
to (indisc.) the idea this is fair, equitable and a simple solution            
to funding education is preposterous.  He believes the legislature             
is trying to kill the rural areas and to stop educating children of            
the state.  He couldn't believe that any committee member would                
think for a minute that a child's education or future life is not              
important enough to fund education appropriately. The areas                    
thinking they're not getting the money they deserve should perhaps             
look at cutting back on some of the opportunities and extra-                   
curricular activities that rural areas don't even have the                     
opportunity or realization to be able to enjoy.  The time line for             
this proposed legislation is unrealistic.  He cautioned committee              
members this legislation will pit the urban against the rural                  
districts.                                                                     
                                                                               
Number 1292                                                                    
                                                                               
SENATOR WILKEN reminded Mr. Carter that 517 people in the Yukon                
Flats REAA earned $18,601,860 in 1996.  That is $35,000 per person             
earned income and the highest of all the unorganized areas in                  
Alaska.  This REAA can probably do the most in terms of supporting             
education at the local level.                                                  
                                                                               
Number 1331                                                                    
                                                                               
ROGER LIEBNER, Representative, Soldotna High School Parent Teacher             
Association, testified from Kenai via teleconference, and strongly             
agreed with Jeanine Kennedy's comments with respect to fairness and            
equity in funding.  He wished to discuss the problems he sees with             
the limited teacher certificate provisions in the proposed                     
legislation.  He's concerned about the message being conveyed to               
rural areas by lowering the standard of hiring teachers in times of            
increased standards throughout the nation.  The bill requires                  
initial regular teachers to successfully complete a competency                 
exam, new teachers are required to be fingerprinted and given                  
criminal background checks, complete courses for recertification               
and pay certification fees.  He said there's a contradiction for               
the rural areas in that it appears it doesn't require any                      
significant measure of skill and training to get this limited                  
certificate, there's no length of time stipulated to retain the                
certificate and there's no background checks identified in this                
bill.  He noted the committee had just adopted Amendment 13 which              
requires a development of standards, yet limited certificates do               
not work positively in concert with this initiative.  Currently,               
all teachers are allowed to teach in any subject area within grade             
parameters.  With this precedent set, limited certificates will                
open the door to allow teaching outside the area of expertise.  He             
said continuing the funding at the present level in the rural areas            
and increasing the funding in those areas that have been most                  
impacted recently would be a good compromise.  He said, "I don't               
see where the McDowell Group's recommendation or the area cost                 
differential being a part of any separate bill, which would be                 
another measure to accommodate the disparity of funding in the                 
state."  He had hoped the amount of dissention in the state could              
be reduced and look at what's best for the children of the state,              
not necessarily from an economic standpoint.                                   
                                                                               
Number 1486                                                                    
                                                                               
RAY GRIFFITH, Superintendent, Southeast Island School District,                
testified from Ketchikan via teleconference in opposition to SB 36.            
He said Southeast Island School District has 12 school sites and               
communities in about a 20,000 square mile area; most of the sites              
are remote and transportation and communications are expensive.  He            
said the success rate of the students is very high and the                     
graduation rate for the entire district over the last five years               
has been 100 percent.  Needless to say, the district is proud of               
what it is doing.  The Southeast Island School District is opposed             
to this legislation; if passed in its current form, the district               
would probably lose 5 of the 12 schools next year and certainly                
would lose them by FY 2000.  He said this legislation does nothing             
to address the increased cost the district is subject to each year;            
in fact, the district would lose 17 percent of its funding by FY               
2001.  The district is reducing expenditures next year by almost 20            
percent and has already eliminated all music and art; reduced                  
counseling by half; has no vocational education staff; has staffed             
all schools except one with principal/teachers instead of                      
principals.  The district believes this legislation was based on a             
seriously flawed cost study.  If the intent of the legislation is              
to establish equity based on the McDowell Group's school operating             
cost study, he sees a very serious problem.  The bill would create             
inequity by creating winners and losers and promises to produce a              
very divisive climate across Alaska.                                           
                                                                               
Number 1635                                                                    
                                                                               
GILBERT GUTIERREZ, Member, Nome School Board, testified via                    
teleconference from Nome, and categorically opposed this                       
legislation.  He said the comparative analysis between rural and               
urban is flawed and the bill is flawed because it is attempting to             
override the right to vote for or against an organized borough.  He            
said the committee is using the issue of educational funding to                
implement a political subdivision in order to impose more taxation.            
He opposed this bill because the committee was not being honest                
with the electorate by wanting to impose a tax on rural areas while            
giving the constituency in Anchorage, Fairbanks and Juneau adequate            
funding.  He is opposed to this bill because it takes money from               
the rural areas and shifts it to the urban areas; robbing from the             
poor to give to the rich.  He has found 11 citations in the                    
McDowell Study which disclaim the study used any factual data and              
it does not take personnel costs into account.  The only factual               
information statements were that on an average, teacher salaries               
are about the same statewide and that maintenance and operations of            
school systems in rural Alaska are significantly higher.  He                   
recommended funding the maintenance and operations separate from               
the direct educational fund which would provide true equity                    
funding.  He said this bill limits funding for special education               
and the gifted programs.  This misguided section in SB 36                      
exacerbates the problem parents have in providing a fair adequate              
education for disabled or bright children.  He concluded that SB 36            
is a stopgap solution; consolidating schools will shift the                    
responsibility and increase the educational needs to an entity                 
further removed from the local government.  In order to have the               
equitable long time funding for our education system, this                     
committee would be well-served when the members sponsor a bill to              
create an educational foundation.                                              
                                                                               
CHAIRMAN BUNDE noted there had been an initiative for an                       
educational foundation which apparently the public didn't support              
as enthusiastically as necessary.                                              
                                                                               
REPRESENTATIVE PORTER pointed out the proposed committee substitute            
under discussion does not require any organization in the boroughs             
of unorganized areas.                                                          
                                                                               
Number 1955                                                                    
                                                                               
ROGER JACOBSON testified from Tok via teleconference and said the              
cut to rural education would have little effect on him.  However,              
what might affect him is if the funding cut is counteracted by the             
implementation of property taxes, which he is opposed to.  It would            
appear the urban majority prefers property tax to an income tax or             
sales tax since they no longer enjoy the security of home                      
ownership.  The urban majority likely envies the security of the               
rural minority; this envy seeks to impose the Lower 48 (indisc.)               
model of property taxation on rural people.  Property tax for                  
residents of Alaska is unnecessary; even urban areas could rescind             
property taxes and enjoy true home ownership.  Where there is a                
will, there's a way.  He proposed a state sales tax to fund the                
education formula which will pursuantly lower property tax and the             
sales tax would increase until finally property tax for residents              
of Alaska would cease altogether.  If the urban majority wants                 
fancy schools, let them have those schools, but do not force fancy             
schools on the rural areas and then expect rural residents to pay              
with their freedom.                                                            
                                                                               
CHAIRMAN BUNDE noted this legislation does not call for a property             
tax, but it does call for an employment tax in the rural areas.                
                                                                               
TAPE 98-38, SIDE A                                                             
Number 0016                                                                    
                                                                               
STEVE CATHERS testified via teleconference from Unalaska and said              
when putting these factors together, it's important to consider                
basic common sense.  It's easy to look at a classroom setting, look            
at the instruction available to kids, the course selection, the                
added resources available and to see that rural areas are not                  
overly funded.  He is of the opinion that students have fewer                  
educational opportunities in rural areas with the current funding              
and to cut back on that funding will make that discrepancy even                
greater.  The belief that rural school districts are getting too               
much money and the discrepancy in funding is excessive is                      
uninformed.  He urged the committee to measure that by looking at              
what's available to students instead of looking at spreadsheets.               
He commented that some areas are net producers for the state and as            
part of the fishing community, Unalaska is one of those areas.  He             
is of the opinion that to take away from the districts that have is            
somewhat of a socialistic approach to school funding.  He believes             
there is a perception that rural programs are not valid programs               
and some of the factors that created that perception are related to            
differences in culture and exposure.  Actually, it's been his                  
experience that rural programs do a very good job.  He recommended             
a study be done which accurately measures the effectiveness of                 
rural programs in terms of educating in spite of obstacles.                    
                                                                               
CHAIRMAN BUNDE asked if there was local support for schools in                 
Unalaska.                                                                      
                                                                               
MR. CATHERS said Unalaska pays heavily.                                        
                                                                               
SENATOR WILKEN asked Mr. Cathers to explain how Unalaska                       
contributed locally to the Aleutian Region School District.                    
                                                                               
MR. CATHERS said Aleutian Region is an REAA and doesn't contribute             
except in the same way as other REAAs, but Unalaska as a city                  
government does contribute.  He pointed out that by sharing                    
administrative services between two districts, efficiency has been             
maximized administratively.                                                    
                                                                               
Number 0370                                                                    
                                                                               
SAM TOWARAK, Assistant Superintendent, Bering Straits School                   
District, testified via teleconference from Unalakleet.  He said he            
would limit his discussion to two items.  First, he said the                   
committee's action on this legislation will have some economic                 
consequences on Alaskan businesses.  As they continue to look at a             
cheaper means of purchasing goods, a door for example, which                   
previously they ordered from Anchorage is now ordered from an out-of-state vend
out the Alaskan vendor, as well as quality control.  Traditionally,            
fuel has been purchased from Alaskan Interior vendors, but soon                
they may need to look at places like Port Angeles if it results in             
lower fuel prices.  He said, "Frankly, you can legislate income tax            
provisions but this is counter to the need to tax Alaskans."  If               
new taxes are needed, let's tax everyone at the 3 percent level                
with a tax credit for those that paid local property or sales taxes            
toward education.  He asked Senator Wilken what the payroll is in              
Fairbanks and what 3 percent would generate.  What is the current              
local effort generated by Fairbanks and how much more does                     
Fairbanks need to contribute.                                                  
                                                                               
Number 0523                                                                    
                                                                               
SENATOR WILKEN responded the people of Fairbanks contribute $17                
million toward education.                                                      
                                                                               
Number 0618                                                                    
                                                                               
ARTHUR LAKE, Tribal Administrator, Native Village of Kwigillingok,             
testified offnet from Kwigillingok, and said Senate Bill 36 is ill-conceived an
a piece of legislation together that will affect all of Alaska.  He            
said the effects of this bill are enormous in rural areas.   He                
referred to the amendment regarding schools with less than ten                 
students and wondered if things were going back to the way they                
were before the Molly Hootch case when kids were sent outside the              
community to attend school.  He said there is no equality in this              
legislation and everyone is aware of that except for the people                
putting this legislation together.  He said, "We're playing                    
political football with the children of this state and we should               
not be.  The children are our future and our most valuable                     
resource."  The effects of pitting rural Alaska against urban                  
Alaska will be felt in urban Alaska because school districts and               
people will be losing money, employment, and funds for their                   
schools.  He has serious concerns about the amount of funding being            
cut which translates to lost positions, which in turn will effect              
local economy.                                                                 
                                                                               
Number 1026                                                                    
                                                                               
BESSIE TITUS testified offnet from Minto and urged the committee to            
vote against Senate Bill 36 because in her opinion, the current                
school foundation formula is not broken; the rural areas are not               
over funded when a cost of living allowance is factored in.  She               
said there is high unemployment, poverty and low income in the                 
area.  She expressed concern with the number of courses available              
for students, the lack of athletic programs and that SB 36 does not            
factor in the operation and maintenance of the schools.  It appears            
to her that Alaska is moving backwards into the twenty-first                   
century.                                                                       
                                                                               
Number 1087                                                                    
                                                                               
JANICE (INDISC.) testified offnet from Hughes in opposition to the             
proposed committee substitute for SB 36 because of the high cost of            
education and maintenance in rural Alaska.  The school is on a                 
tight budget under the current foundation formula and changing the             
funding formula would not solve any problems without putting more              
money into education.   If further cuts were going to be made to               
education funding, she wondered how it would be possible for                   
children to receive a quality education.                                       
                                                                               
CHAIRMAN BUNDE announced the committee would break for dinner and              
reconvene at 6:00 p.m.                                                         
                                                                               
Number 1209                                                                    
                                                                               
CHAIRMAN BUNDE reconvened the meeting at 6:05 p.m.  He called Dave             
Jones to the witness stand to present his comments.                            
                                                                               
Number 1218                                                                    
                                                                               
DAVE JONES, Director of Finance, Kodiak Island Borough School                  
District, said he would be addressing Amendment 11 and making some             
general remarks about the legislation.  He said the Kodiak Island              
Borough School District has nine remote schools; eight of those                
schools are off the road system.  This year Karluk has nine and                
one-half students and under the current foundation formula, that               
school would be given a one-year grace period.  However, that grace            
period does not exist in the proposed legislation and the effect to            
the district is a loss of $162,000.  When the Department of                    
Education re-ran the spreadsheets correcting the size table errors,            
Karluk was reclassified to the 400 - 750 table which resulted in a             
loss of $162,000.  A meeting was recently held between the Kodiak              
Island Borough School Board and the Karluk Village Advisory Board              
to discuss the loss inasmuch as the school board had made a                    
commitment to Karluk based on the current program that a school                
would be operated there through FY 99; however, the proposed                   
legislation would have a significant financial impact.  He would               
request a one-year grace period for the districts affected by this,            
or as an alternative, adopt the amendment that was previously                  
discussed which would reassign students to the lowest ADM school as            
opposed to the highest ADM school.  Mr. Jones said when discussing             
educational equity, it's important to consider both financial                  
equity and program equity and in the fray it seems that program                
equity has been swept under the carpet.  In conclusion, he said the            
Kodiak Island Borough School District believes more funding is                 
needed to properly educate children statewide, but the funds should            
not come at the expense of the rural children.                                 
                                                                               
Number 1383                                                                    
                                                                               
JIM FOSTER, Superintendent, Skagway School District, testified via             
teleconference from Skagway in opposition to Senate Bill 36.  He               
noted this year Skagway celebrates its 100th anniversary as a                  
single site public school.  Eleven years ago, the city of Skagway              
contributed $48,000 to the school budget and the state contributed             
about $900,000.  Under Senate Bill 36, the city will fund $840,000             
and the state will fund $460,000.  That's a significant shift in an            
11-year period.  Another problem with this bill is that it allows              
the district to spend $1,300,000, which is $266,000 short of their             
needs. He explained it's a small school with a                                 
superintendent/principal, 12 teachers, business manager, secretary             
and  two custodians which serve 130 students and huge cuts will                
have to be made if this legislation passes.  The community                     
willingly supports the school financially and yet this legislation             
would cause them to come up short $266,000.  He asked what Senator             
Wilken recommended that communities like Skagway to do in terms of             
meeting their educational needs.  He said it's important for the               
state to recognize that educational needs of the larger communities            
need to be meet as well as those of the smaller communities.  He               
concluded that he and the community are at a loss in terms of how              
to operate with the proposed funding cuts.                                     
                                                                               
Number 1529                                                                    
                                                                               
MOSES KRITZ, Mayor, City of Togiak, testified that over the years              
the needs of the rural communities such as subsistence issues,                 
housing needs, social and welfare issues and most of all,                      
educational issues have never been met.  He is the product of the              
boarding school system many miles away from home.  Some of the                 
children in boarding schools fared in terms of becoming leaders in             
their communities, but many turned out dysfunctional.  Many turned             
to alcohol because they were torn between two cultures - they don't            
know about the subsistence way of life and don't know how to                   
survive in the western society.  He talked about his days at the               
boarding schools and said currently the education system in the                
communities provides a much better education with many of the                  
children going on to colleges, skill centers, et cetera.  With                 
respect to fairness, he said Alaska is a vast area and some of the             
urban legislators have a narrow scope of vision seeing only the                
population of their cities and view the rural communities as a                 
burden.  He discussed the various ways the rural communities                   
support the local economy in the urban areas.  He concluded it's               
time to be really fair and equally help each other to maximize the             
educational system for the good of the entire state.                           
                                                                               
Number 1740                                                                    
                                                                               
GINGER JENKINSON, Representative, Anchorage Council of Parent                  
Teacher Associations, testified from Anchorage via teleconference.             
She said the council realizes how difficult it is to understand the            
current, outdated foundation formula and applauds the efforts of               
the sponsors for attempting to find a simpler, more fair and                   
equitable foundation formula for the students of Alaska.  The                  
parents and teachers in the Anchorage School District realize what             
crowded classrooms are like and for the first time in years,                   
Anchorage has a chance to lower the class size.  It's time for a               
change.                                                                        
                                                                               
Number 1787                                                                    
                                                                               
BARB ANGAIAK testified via teleconference from Bethel and said all             
the children of Alaska need to be provided with an education                   
supported and funded by the state.  As she sees it, the problem is             
not that some students are receiving more than others and somehow              
the scales must be balanced by shifting money from one district to             
another, but rather the problem is there are more students in the              
state and more money must be allocated to fund an education for                
them.  Year after year, districts have struggled to make ends meet             
when allocation of funds has not kept up with inflation.  She                  
believes there are some misconceptions about what schools are like             
in rural Alaska.  She teaches at Kilbuk Elementary School in                   
Bethel, the largest school in the western part of the state. The               
facility was built in the late 1950s and is not modern and doesn't             
have many of the amenities that are found in schools in the urban              
areas.  She discussed the overcrowding and various needs for                   
maintenance and said many of the rural schools were built with                 
small populations in mind and have grown well beyond what the                  
original capacity was intended to be.  She said districts have been            
asked over and over again to accept the same level of funding as               
the year before and are told by people in leadership positions that            
schools should be happy to receive the same amount of funding                  
instead of being reduced.  The people of Alaska should not be happy            
that the elected officials of the state do not see fit to provide              
the children with what they need, even when money is available.                
She concluded that more money is needed for the educational system             
and requested the committee to vote against this legislation.                  
                                                                               
Number 1936                                                                    
                                                                               
TOM RICHARDS, JR., testified via teleconference from Fairbanks.  He            
is an employee of a service organization for Interior Alaska                   
villages, but was speaking on his own behalf.  The one issue he                
wished to discuss was accountability with respect to funding and               
the educational performance standards of school districts.   He                
commented that certainly, the public deserves accountability, but              
accountability is a two-way street and he is of the opinion that               
public officials are obligated to consult with the people affected             
by their actions.  He said Senate Bill 36 has moved too quickly                
through the legislative process.  He discussed how the education               
system as it is today came about, beginning in the mid-1970s with              
an agreement between the federal government and the state of Alaska            
that no school would be transferred from the federal BIA system to             
the state system unless the federal government, state of Alaska and            
the community were in agreement.  In 1975, he went to work for a               
regional nonprofit Native corporation in Fairbanks and at that                 
time, there were about 14 villages which were BIA schools.  Each of            
those communities was asked to consent to a proposal to transfer               
the educational responsibility from the federal government to the              
state government.  Likewise, in 1980 when he moved to Bethel, there            
were 27 villages that were part of the federal BIA school system               
and no transfer could occur unless all concerned parties agreed.               
He said there were a lot of promises made by the state of Alaska in            
the early 1980s and now the educational system is being ripped                 
apart in rural Alaska.  He expressed his frustration with the lack             
of consultation with the rural communities regarding this very                 
important issue.  He pointed out there are hundreds of individuals             
in Fairbanks who did not support this legislation.                             
                                                                               
Number 2131                                                                    
                                                                               
CHAIRMAN BUNDE noted this effort began over four years ago when the            
state school board began a two-year review of the foundation                   
formula;  this committee worked on it for two years after that, so             
this is the fifth year of work on this issue.                                  
                                                                               
Number 2156                                                                    
                                                                               
KIMBERLEY A. STRONG, Representative, Village of Klukwan and ANS                
Grand President for the Alaska Native Sisterhood, urged the                    
committee to vote against this bill.  One of the major problems she            
sees is the incorporation required for a tax base.  There had been             
another legislative bill which attempted to force rural communities            
to incorporate which she had opposed also because it's another                 
intrusion in the village lifestyle.  She explained that Klukwan                
runs under the Indian Reorganization Act and is represented by an              
IRA Council.  She said Klukwan does not have a money base to                   
support the education of its children, but the residents buy things            
in other communities which in turn helps support that education                
system.  For example, the Haines Borough School District has                   
economically benefitted from the village corporation.  She                     
discussed the history of the educational system in Alaska and the              
hardships suffered by the children who went to boarding schools.               
The state of Alaska made promises to educate the children in the               
villages, but now the rural areas are being threatened with                    
cutbacks with this proposed legislation.                                       
                                                                               
TAPE 98-38, SIDE B                                                             
Number 0002                                                                    
                                                                               
JOHN KUNIK, Member, Copper River Against Bureaucracy, testified                
from Glennallen via teleconference in opposition to Senate Bill 36.            
He said this issue has been rehashed many times over the years in              
various forms.  Imposition of a 3 mill tax or any tax on property              
is not feasible as there's not enough personal property in this                
area to tax; less than 1 percent is in private hands in the                    
unorganized boroughs.  He pointed out the high unemployment rates              
in the unorganized areas; work is seasonal.  There are some                    
federal and state workers who could probably sustain the employment            
tax, although he believed it was illegal under the Equal Protection            
Clause of the Alaska State Constitution.  He said the 20 mill rate             
tax on the pipeline goes directly into the general fund and is more            
than enough to make up for the community's local contribution to               
education.   If a tax needs to be imposed, he suggested a statewide            
sales tax.  He asked for an explanation of the $14 million                     
exemption for some residents of Anchorage.  Schools in the                     
Glennallen area have no amenities and as far as he is concerned, no            
school in the state needs swimming pools or fancy gymnasiums.  He              
said the level of education has fallen statewide, nationwide and               
worldwide.  As a certified teacher, he believes Alaska has too many            
teachers teaching out of their discipline and that are definitely              
unqualified.                                                                   
                                                                               
CHAIRMAN BUNDE clarified it was $13 million and the tax rebate in              
Anchorage is made up by the taxpayers of Anchorage; it's not state             
money.                                                                         
                                                                               
Number 0166                                                                    
                                                                               
BRIAN BERGERON, Student, Ketchikan Gateway School District,                    
testified via teleconference from Ketchikan.  He said he's had a               
great education since kindergarten even though class options have              
decreased over the years and the numbers of teachers he's looked up            
to has decreased.  He talked about how the classes have gotten                 
bigger and with the budget cuts, the number of teachers has                    
decreased.  He personally began to feel the effects of these budget            
cuts in seventh grade.  He discussed some of the problems with the             
schools in Ketchikan, including old textbooks.  He believes the                
funding distribution for education should be fair and equitable                
with communities paying their share of local educational costs.  He            
is of the opinion this legislation is inappropriate because money              
shouldn't be taken from some communities and given to others.                  
                                                                               
Number 0264                                                                    
                                                                               
BARBARA DALKE testified from Tok via teleconference in opposition              
to Senate Bill 36.  She has reviewed the bill and the amendments               
and said there is no equity for rural schools or students.  This               
legislation pits one class of people against another and will be an            
educational tragedy for the rural areas.  Rural areas do not have              
the same resources as the urban centers and taxing people who are              
already living below the poverty level is to be out of touch with              
the reality of rural Alaska.  This legislation promotes and widens             
the gap between the "haves" and "have nots", it is disproportional             
and promotes quality of education in one area of Alaska; city and              
urban areas over the rural areas.  She pointed out some of the                 
problems experienced by the Mentasta school; e.g., outdated                    
textbooks, mismatched hand me down encyclopedias from other                    
schools.  This legislation would reduce the staff by 1.5 positions             
which will leave the school with unmanageable class sizes.  She                
concluded this bill is not conducive to education in rural areas.              
                                                                               
Number 0422                                                                    
                                                                               
BOB CHRISTAL, Superintendent of Schools, Anchorage School District,            
testified via teleconference from Anchorage.  He said the Anchorage            
School District believes it is critical that a rewrite of school               
funding formula occur this year.  He stated, "In our view we do not            
view the funding of schools as a political party issue; we view it             
as a responsibility of all legislators and the Governor to provide             
a fair and equitable way of funding schools in the state."  The                
Anchorage School District has 38 percent of the students in the                
state of Alaska attend public schools; 28 percent of the state                 
revenues for schools is directed to the Anchorage School District.             
The district is not requesting 38 percent of the funds, but expects            
to receive more than 28 percent.  There are over 48,000 students in            
Anchorage; 33 percent are minority students.  There are 5,500                  
Alaska Native students being educated in the Anchorage School                  
District.  One-third of the elementary students in Anchorage have              
parents who have incomes that qualify them for free or reduced                 
lunches in the school.  Based on the comments he's been hearing, he            
believes there is a misconception that the Anchorage School                    
District is doing something against children; that is absolutely               
untrue.  They are simply asking people to take a careful and clear             
look about what's fair and equitable for all students in the state.            
The district believes that for the last ten years, they have                   
received inequitable treatment with respect to funding of students.            
In the area of standards and assessments, the Anchorage School                 
District absolutely supports standards and assessments, but those              
assessments and standards must be funded if there's an expectation             
of doing something different that what's currently being done.  The            
Anchorage School District believes it is critical for the Alaska               
Legislature and the Governor to pay very careful attention to                  
school funding, and after an equitable distribution occurs, careful            
thought and consideration must be given to the amount of increased             
funds that should be directed to public schools across the state.              
                                                                               
Number 0530                                                                    
                                                                               
REPRESENTATIVE KEMPLEN noted there had been some concern expressed             
about how categorical funding is determined.  Some people assert               
the existing approach works fairly well while others feel there                
should be a set percentage which in this proposed bill is set at 20            
percent.  He asked Mr. Christal to comment on his view of the                  
appropriate approach for categorical funding.                                  
                                                                               
MR. CHRISTAL responded the Anchorage School District has been                  
supportive of the 20 percent approach with the understanding that              
if there are some very intensive needs students, districts should              
be given the opportunity to make a case of why additional revenues             
should be directed toward those.                                               
                                                                               
Number 0602                                                                    
                                                                               
SYD WRIGHT, Retired School Principal, testified via teleconference             
from Petersburg.  He's had 38 years of formal education                        
responsibility as teacher, principal and superintendent, mostly in             
Alaska.  He said he's reluctant to testify because after all the               
years of observing and participating in the annual battles over                
educational funding, he didn't think it made a bit of difference               
what he or anyone else has to say.  He's witnessed mayors,                     
councils, superintendents, school board members, and others who                
have pled their case, but it's done no good.  The bottom line is               
substantially more financial support of schools is needed and SB 36            
does not accomplish that.   He noted that many people won't testify            
any more because they feel it's useless.  More than one former                 
Governor has said that schools must have proper funding and have               
even explained how to finance it; a combination of a state income              
tax and use of the constitutional reserve fund.  He recalled the               
results of the public survey taken when oil was first discovered               
overwhelming supported schools as a first priority.                            
                                                                               
Number 0797                                                                    
                                                                               
OLGA SUTTON testified she has seven children going through the                 
Togiak school system and Senate Bill 36 is unfair because children             
in the rural areas are entitled to a reasonable education.  She                
went to a boarding home school and doesn't want her children having            
to leave home to go to school; boarding schools rip families apart.            
                                                                               
Number 0844                                                                    
                                                                               
BILL FERGUSON testified via teleconference from Bethel and                     
supported the comments of Syd Wright.  He recommended the House                
HESS Committee conduct a statewide poll to determine what the                  
public position is on this bill.  Over the last couple of months,              
he's listened to the testimony from Senators Wilken, Torgerson and             
Phillips, as well as the public testimony on this legislation and              
what he's heard is rural versus urban, urban versus rural,                     
splitting the state and using children as pawns in a political                 
game, overcrowding in the urban areas and so forth.  It's                      
distressing to him that the people of the state are being divided              
and the children are the ones suffering.  He referred to a comment             
that rural areas have a wage base of $475 million that should be               
taxed; he assumed that meant all rural areas combined.  He said the            
wage base in that area is based on a false economy in that it's all            
state and federal funds.  If educational funding was reduced in                
that area by $8 million, which equates to about $56 million in the             
end, there would be no way that an educational program could be                
supported locally.  Children in this state should not be pitted                
against each other; funds need to be made available to provide the             
best education possible for all children in the state.                         
                                                                               
Number 1103                                                                    
                                                                               
CRISTINA SCHNEIDER testified from Fairbanks via teleconference.                
She said discussing education is a formidable challenge; how best              
to do it, how much it costs, and who is going to pay.  She said                
it's time to reassess the way the legislature pays for school                  
funding in light of the state's declining revenues.  She admitted              
that some school districts have manipulated the current funding                
formula to benefit children in their respective district.  These               
are egregious problems which have been identified and can be                   
solved.  She said this legislation is part of the process of                   
reassessment and expressed her thanks to Senator Wilken for                    
bringing this issue to a public debate.  While this bill is part of            
the process of finding a solution, it is not in itself the                     
solution.  She said this legislation changes the distribution of               
funding so dramatically that in the end 21 percent of the state's              
children will get only 16 percent of the state's funding for                   
education.  She knows that the state's annual revenues no longer               
match the spending and she is willing to pay to dedicated funds and            
employment taxes for a service all children deserve.  She opposes              
Amendment 2 which creates the 3 percent payroll tax.  Senate Bill              
36 will close schools; some will close immediately while others                
will close later.  The fact is there will be a $17.5 million loss              
to four school districts around Fairbanks; Yukon Flats, Iditarod,              
Yukon/Koyukuk and one other district and what could the districts              
hope to earn back in a 3 percent payroll tax in those rural areas -            
less than one-half of that loss.  If schools close, children will              
have to leave their families - there will be no choice.  She                   
concluded that more money is needed overall for the educational                
system in Alaska.                                                              
                                                                               
Number 1323                                                                    
                                                                               
DIANE GUBATAYAO testified via teleconference from Ketchikan.  She              
is the parent of four children in the Ketchikan School District and            
has for years been advocating for equitable funding for all school             
districts.  She expressed her thanks to the legislature for                    
commissioning the McDowell Study and to everyone for their efforts             
to fix a broken school funding formula.  She said basing school                
funding upon the cost of operating a school as opposed to operating            
a household makes a great deal sense.  In the meantime, Ketchikan              
is in a world of hurt; her children do not have access to equal                
educational opportunities.  She said it is interesting to review               
all the spreadsheets that have been produced; one pattern is                   
consistent no matter how the numbers are crunched by the Department            
of Education - Ketchikan comes out on top of all 53 districts in               
gaining the most.  This should make her happy, but it doesn't                  
because it takes from others to give to Ketchikan.  The                        
spreadsheets have also pointed out how severely Ketchikan has been             
underfunded for the past several years.  Last year the Ketchikan               
School Board cut $1.2 million from the budget with potentially                 
another $800,000 being cut this year.  The local borough government            
funds the school system to the maximum allowed by law; currently at            
the 6.8 mill level.  She understands this legislation is not                   
perfect, but she urged the committee to incorporate the McDowell               
Study finding into whatever new formula is approved.  Additionally,            
she encouraged the legislature to add new dollars to education                 
funding.                                                                       
                                                                               
Number 1490                                                                    
                                                                               
NORA DAVID testified via teleconference from Tok.  She has five                
school aged children attending the Mentasta Lake School.  She said             
Senate Bill 36 will take away from her children.  Mentasta Lake has            
struggled to give the children the best education possible with the            
money available and now SB 36 would take away some of those funds.             
She wants to see the education system in Alaska go forward not                 
backward.                                                                      
                                                                               
Number 1533                                                                    
                                                                               
ELIZABETH BACOM, School Board Member, Petersburg School District,              
testified via teleconference from Petersburg.  She thanked the                 
legislature for making education funding a priority this session.              
Every child benefits when dollars are spent wisely and fairly on               
education.  Regardless of where a child is educated, every child in            
Alaska deserves a quality education and every district should be               
accountable for how its education dollars are spent.  Understanding            
that the funding legislation currently under consideration is a                
work in progress, the Petersburg School Board believes a fair and              
equitable education funding bill would build in accountability by              
incorporating quality schools initiatives.  This would provide a               
way to address needed school improvements and the funding to                   
implement them.  School districts are currently working under                  
numerous unfunded mandates from new professional evaluation systems            
to high school graduation assessments aimed at improving student               
performance.  Districts that are successful in implementing                    
improvements should be rewarded while districts that are unable to             
raise student performance should be assisted.  She advised the                 
committee to implement the cost differential study.  Petersburg and            
other Southeast Alaska communities do not enjoy the same economies             
of scale in operating schools as Anchorage, yet they are placed at             
the same level as Anchorage in the current formula.  Senate Bill 36            
recognizes Petersburg has been underfunded for years; however, it              
does not allocate any additional money for schools, but takes money            
from other districts and redistributes it.  While this legislation             
would benefit Petersburg, the potential harm it would do to more               
than 20,000 Alaskan students has prompted Governor Knowles to                  
promise a veto and the affected districts would certainly sue over             
the issue.  If no new funding formula is implemented this year,                
Petersburg will face an even greater deficit next year.  The                   
legislature needs to invest in education to make up for the lack of            
inflation proofing over the last 10 years and retain the current               
local funding caps.  As costs have risen in the Petersburg                     
District, with no compensating increase of state funding,                      
Petersburg has demonstrated its commitment to education by                     
increasing the local contribution to the maximum allowed.  Further             
transfers of state funding responsibility to local taxpayers need              
to be avoided.  The districts losing funding under the new formula             
should be held harmless.  The state should not have to take                    
resources away from some Alaskan children to give to others.  The              
Petersburg School Board appreciates the challenge faced by the                 
legislators in enacting legislation that would be viewed as fair               
and equitable by all areas of Alaska.  The school board requested              
that all funding proposals be evaluated.                                       
                                                                               
Number 1729                                                                    
                                                                               
JOE ALEXIE, Representative, Togiak Natives, Limited, said in his               
opinion Senate Bill 36 is not a workable solution for the following            
reasons:  First, it destroys the very nature of its purpose which              
is to give to the rural school children the right to have the                  
highest form of education.  If educational funding is cut, the goal            
of reaching the best form of education for the rural children will             
not be met.  The broken funding formula is not the fault of either             
rural or urban school children.  Second, he believes this is                   
discriminatory.  It is well known the rural schools lack many                  
things a good school should have.  Third, there are laws to protect            
children from abuse.  By cutting funding, he believes this crime is            
a reality, for by not giving or funding basic educational needs is             
like a parent not providing the very needs for children.                       
                                                                               
TAPE 98-39, SIDE A                                                             
Number 0002                                                                    
                                                                               
DARIO NOTTI testified from Bethel via teleconference.  He referred             
to Amendment 4 and said it appears that school funding is being                
changed into a welfare program by deleting "state's share or public            
school funding" and inserted "state aid".  This takes away the                 
perception of educating the student and turns it into a welfare                
program that can be cut and slashed.  He cited from various                    
sections of the Alaska Constitution and said this legislation seems            
like it's not aimed at the good of the whole state; it's a one-sided bill.  He 
federal government sends out a PILT (Payment in lieu of taxes)                 
check; therefore, they do share in the cost of the education by                
allowing the federal government to establish the wildlife refuge.              
He discussed the various ways in which Bethel supports the                     
Anchorage economy and property tax by ordering various supplies.               
He would be willing to pay an income tax equal to what other                   
residents of the state would pay.  He pointed out the cost of                  
operating a smaller rural school is greater than operating an                  
urban school.                                                                  
                                                                               
Number 0407                                                                    
                                                                               
REVA SHIRCEL, Director of Education, Tanana Chiefs Conference,                 
testified from Fairbanks via teleconference.  She said in the                  
Indian way, it is a moral obligation to provide adequate education             
for the children and every child has that right in the state of                
Alaska.  The right to an adequate education is guaranteed to all               
citizens under the state constitution.  She said the 37 federally              
recognized tribes of the Tanana Chiefs Conference wish to make                 
their position known on this proposed legislation.  This bill would            
move millions of dollars in state aid from rural to urban school               
districts with the expectation that rural communities would somehow            
be able to finance the loss of funds through the establishment of              
organized boroughs.  The Tanana Chiefs Conference requests                     
committee members to carefully consider the ramifications of taking            
away the educational resources of any Alaskan children.  She said              
this state has never in its history taken away from one child to               
give to another.  Until plans are implemented for long term and                
sustainable economic development within rural Alaska, the                      
legislature must be realistic in their expectations that an                    
adequate tax base could be generated from newly created organized              
boroughs to support the educational needs of rural Alaskan                     
children.  She heard the comments that Anchorage has 40 percent of             
the state's students and receives 30 percent of the state's                    
educational funding.  That may be true, but it's important to                  
remember that the overwhelming majority of the schools are located             
in the rural Alaskan communities.  She said the spirit of this bill            
and its obvious impacts on the future generations of rural Alaskan             
children neither addresses the needs or prepares Alaska's children             
to enter the twenty-first century together with equal chance and               
opportunity.                                                                   
                                                                               
Number 0637                                                                    
                                                                               
JANE BROWN testified via teleconference from Glennallen.  She noted            
that many of the residents in the area are currently in Anchorage              
shopping, supporting urban businesses.  She pointed out that                   
residents of the area currently more than pay their way for school             
funding - the pipeline is taxed by the state at a 20 mill rate and             
the dollars generated go directly into the general fund which more             
than pays for the $6 million needed for the Copper Basin.  She said            
she opposes this bill and the sponsors need to go back to the                  
drawing board and reassess what the bill is attempting to                      
accomplish.  She said Senate Bill 36 has been amended so many                  
times, it's almost impossible to keep up with all the changes.  She            
stated the proposed committee substitute for Senate Bill 36 is                 
unconstitutional because a dedicated tax cannot be established.                
She suggested if the burden of school finance is to be spread                  
fairly, cap the permanent fund and use the excess dollars to fund              
schools.  She requested committee members to vote against this                 
legislation.                                                                   
                                                                               
Number 0788                                                                    
                                                                               
HANNAH RAMISKEY testified via teleconference from Ketchikan.  She              
said she personally pays $2800 in property tax in addition to a 5              
percent sales tax on purchases.  She does not want to see other                
Alaskan children put in the same situation in which Ketchikan's                
children find themselves.  However, after undergoing several budget            
cuts, the Ketchikan School District views this legislation as the              
only hope to pull them out of serious budget shortfalls.  Since                
1993, 32 positions have been cut and supplies cut almost 70                    
percent, but the number of students has remained the same; without             
help, another 8.5 to 11 positions will be cut.  She said the                   
community funds to the cap, administrative costs are among the                 
lowest in the state, the district accepts the state's                          
accountability standards or higher and they cannot accomplish any              
more without help from the state.  She urged the committee to                  
review the funding inequity in the state and find a good, fair way             
to give all of Alaska's children the opportunity for a good                    
education.                                                                     
                                                                               
Number 0867                                                                    
                                                                               
PAUL FROST of Togiak testified via teleconference from Anchorage.              
He has three sons attending school in Togiak but has owned                     
property in Anchorage for a number of years, so he has been                    
supporting schools in Anchorage through property taxes.  He                    
commented the first part of the school in Togiak was built in 1952,            
with a few cubicles added since then.  He discussed the great                  
differences between the school in Togiak and the school he                     
graduated from in Anchorage and couldn't believe the legislature               
was even considering taking funds away from the rural schools to               
give to the urban schools.  He asked committee members to                      
reconsider their position of taking educational dollars away from              
rural schools and to vote against this legislation.                            
                                                                               
Number 1070                                                                    
                                                                               
SURAIYA JOHN testified from Tok via teleconference.  She has been              
a student at Katy John High School in Mentasta Lake for three                  
years; prior to that she went to school in Fairbanks.  She                     
expressed her happiness with being back in the village where she               
can learn about her culture.  She expressed concern that her                   
younger relatives may not have the opportunity to stay in the                  
village if this legislation passes.  She is opposed to SB 36                   
because it will strip the children in the rural areas away from                
their culture and families.  She does not want to see the funding              
cut for rural schools and children having to go to schools far away            
from their parents.  She discussed the effects of the older                    
generation having to go away to boarding schools and shared                    
experiences of her grandfather's life at the boarding school.                  
                                                                               
Number 1259                                                                    
                                                                               
SHERYLE CHARLIE testified offnet from Minto, reiterating the                   
testimony of many of the previous speakers.  Every child in the                
state of Alaska is guaranteed the right to the best education and              
programs the state has to offer.  Why should one group suffer to               
satisfy the desires of another group?  She has seven children in               
school and wants to see the best for each one.  She said both the              
young and old have been through a lot and the people in rural                  
Alaska need support and taking funds away from rural schools or                
closing schools is not the answer.  The children are the future of             
Alaska and it's important the right message be sent to them.  She              
encouraged  committee members to listen to every word that's being             
said about this proposed legislation.                                          
                                                                               
Number 1371                                                                    
                                                                               
JANICE KVERNVIK, Member, Petersburg School Board, testified via                
teleconference from Petersburg.  She said that Elizabeth Bacom had             
previously presented the Petersburg School Board's position on SB
36, but as a parent and grandparent, she's concerned with the                  
direction of funding for schools.  She said each year there have               
been promises about school funding and this is the year to do                  
something; however, the proposed legislation is not the answer.                
Rural communities are being pitted against urban communities and               
the only fair way to fund schools is to put new money into the                 
system.  She said it's time to fix up the school buildings and get             
on with the real job - to educate the future generation.  She said             
the number of people who supported the National Endowment                      
Initiative indicates that Alaskans really do care about children               
and their education.                                                           
                                                                               
Number 1428                                                                    
                                                                               
CHRISTINE COOPCHIAK, Representative, Togiak Health Clinic, said the            
community of Togiak values their students and is proud of them.                
She shared some of the accomplishments of students in the areas of             
sports, music and academically.  She expressed concern that this               
proposed legislation would decrease the number of opportunities for            
the students, which already are limited due to the cost of living              
in rural Alaska.  The people of Togiak don't expect to have a lot              
of extras, but do want the basics.  Further decreasing the funding             
will not be eliminating the frills, but it will cut into the basics            
like teachers and programs.  The biggest fear in Togiak is the high            
school program will be eliminated, leaving few good options.  This             
proposed legislation is not fair to rural communities and rural                
children; the state has a responsibility to all the children.  This            
is not the way for Alaska to be approaching the twenty-first                   
century - this state should be on the leading edge, not the first              
state to backslide.                                                            
                                                                               
Number 1570                                                                    
                                                                               
CATHY SAMPSON-KRUSE testified via teleconference from Bethel in                
opposition to SB 36.   It is her opinion the Native people are                 
being attacked by the state of Alaska on all sides:  Tribal                    
sovereignty, hunting and fishing, education and bilingual funding,             
Indian Child Welfare Act, et cetera.  She said people in the rural             
communities would begin their economic sanctions slowly by word of             
mouth and letters to store owners advising that they and their                 
supporters would no longer be willing to spend millions of dollars             
in the urban areas.  She has been inspired to stand up for her                 
convictions and requested fair funding for K-12 education, building            
and maintenance of schools and additional funding for higher                   
education.                                                                     
                                                                               
Number 1754                                                                    
                                                                               
DIANA CAMPBELL testified via teleconference from Fairbanks in                  
opposition to SB 36.  Her family has a long history of teaching                
Alaska rural children beginning when her grandparents taught                   
countless rural children how to read and write in their home                   
villages and made sacrifices to do so.  She is somewhat bewildered             
though; she's always believed that it's better for adults to                   
sacrifice for children than children sacrificing for adults.  This             
legislation would take from the poorest communities and give to the            
richest.  She acknowledged that rural communities have problems;               
poverty, unemployment and low student test scores.  Her                        
grandparents knew that education was the greatest weapon the rural             
areas have to combat these problems.  With respect to boarding                 
schools, ironically her mother left home as a junior high school               
student to attend school and lived in an orphanage until she                   
graduated, not seeing her mother again until she was in her                    
twenties.  She knew her language when she left the village, but                
didn't know it when she graduated from high school.  In conclusion,            
she's all for finding smart ways to spend money for education, but             
Senate Bill 36 is not a smart way to spend education money.                    
                                                                               
Number 1850                                                                    
                                                                               
JOHN THOMAS, Superintendent, Ketchikan Gateway Borough School                  
District, testified from Ketchikan via teleconference and said he              
agreed with the student who said that every student deserves an                
opportunity for an equal education.  Funding that education is the             
responsibility of the state.  Many parts of the states, rural and              
urban, are not satisfied with the current status of schools.                   
Ketchikan appreciates the vigorous manner in which the legislature             
has addressed this issue this year and the people of Ketchikan are             
not talking about the negative effects of SB 36, rather they are               
talking about the negative effects of the last ten years under the             
current foundation formula.  Ketchikan has done everything the                 
legislature would like to see:  Graduation (indisc.),  property                
tax, sales tax, fund to the local cap, expend 69 percent of funding            
on instruction and with all that, you'd think the Ketchikan school             
system would be exemplary, but it's are not.  Their enrollment is              
basically flat and because of that, continuous, drastic reductions             
have been made since 1991.  Teachers, nurses, librarians,                      
counselors and administrators have been cut, programs have been                
reduced, reduced funds for supplies and materials, and there's talk            
of closing a school and reducing or eliminating funding for student            
activities.  On top of that, the closure of the Ketchikan Pulp Mill            
has resulted in a 7 percent enrollment drop.  The Ketchikan School             
District is not just predicting the consequences; they are                     
experiencing it.  They need help as do other districts.  He                    
supports SB 36, but he also supports continuing efforts to find                
sufficient funding so all students can have the opportunity to                 
pursue a quality educational program.  He supported legislative                
efforts and encouraged legislators not to stop short of the mark.              
                                                                               
Number 1963                                                                    
                                                                               
GORDON KRON testified via teleconference from Tok in opposition to             
SB 36 because it's inequitable. While the larger schools have                  
indicated they may have to cut nurses, counselors, music, art, et              
cetera, due to the cutbacks over the past 10 years, the rural areas            
have never even had access to those things.  Passage of SB 36 will             
widen the gap between the "haves" and the "have nots".  If funding             
cuts continue, the larger urban schools will continue to have art              
and music programs while rural Alaska will have less of the basic              
academic necessities.  He urged committee members to give this                 
legislation serious consideration before taking action.                        
                                                                               
Number 2044                                                                    
                                                                               
JOHN CYR, President, NEA-Alaska, said he's struggled with where to             
start with his testimony, so he would express his technical                    
concerns first and finish with the difference between intent and               
impact.  He said NEA-Alaska has some real concerns with the                    
technical aspect of this legislation.  With respect to the                     
categorical funding cap for bilingual, he thought the case could be            
made for special education children that that distribution probably            
falls evenly amongst the population, but he didn't believe the case            
could be made that the bilingual student population falls evenly               
amongst the population of Alaska.  It just doesn't seem logical to             
fund bilingual at the same rate across the state when there are                
communities which have no bilingual programs while there are others            
where the vast preponderance of students are at some level,                    
bilingual.  He said the amendment for the student count is                     
disturbing.  He said the rapidly growing communities will not get              
a chance for additional funding without the second count, but will             
have to absorb the loss through the course of the year.  With                  
respect to the waiver procedure for minimum expenditure toward                 
instruction, NEA-Alaska believes that 70 percent of the funds                  
should go to the classroom, but there's no procedure built in for              
a waiver.  He predicted that districts will not be able to meet the            
70 percent requirement, they will get an automatic waiver and there            
will be no change in terms of money being directed toward the                  
classroom.  He expressed some concern with the chief school                    
administrator language.  He explained that currently only the PTPC             
has control because they control those individuals with a                      
certificate.  With the proposed language, he wasn't certain what               
redress the state has to address situations where there might be               
malfeasance.  He commented the driving factor in this legislation              
is the school size factor - not the McDowell Study or the area cost            
differential.  He's said, "It's the idea that each school is its               
own funding formula, and so that in those communities where you                
have, quite honestly, the most efficient schools we can have, a                
single school in a single community educating all the kids, they're            
penalized.  And I think that's an unintended consequence of this.              
I think that's something that nobody intended to have happen, and              
yet it has happened."  A community with 300 or 400 kids and 3                  
schools actually does quite well under the proposed formula.                   
However, a community with the same number of students but only one             
school loses money.  It is important to come to an understanding of            
how those schools are funded, because in his view this bill                    
punishes the most efficient schools.                                           
                                                                               
Number 2199                                                                    
                                                                               
REPRESENTATIVE DYSON noted that perhaps there are some unintended              
results, but under this formula each student in a small school is              
counted as five.  He asked if that didn't help to mitigate the                 
impact on small schools.                                                       
                                                                               
MR. CYR responded that if Ben Eielson Junior/Senior High School in             
Fairbanks for example, was counted as two schools it would gain an             
extra $400,000.  He pointed out there are a number of schools in               
the state that could be split.  The way the formula drives and                 
loads at the front end, it rewards inefficiency.                               
                                                                               
Number 2247                                                                    
                                                                               
CHAIRMAN BUNDE interjected that currently schools are being defined            
more effectively in order to avoid situations of districts padding             
their funding by additional funding communities.                               
                                                                               
MR. CYR said he was not suggesting the current funding communities             
necessarily work and agreed it was something that needed to be                 
looked at.  Finally, he said the difference between intent and                 
impact is real important and he didn't believe that anyone started             
down this path to hurt rural children by wanting to close schools,             
by providing less opportunity for rural children, by making sure               
that little children in rural Alaska don't have a community school             
- they could get it off the Internet or go to a boarding school                
somewhere.  The state has been there - it didn't work 20-25 years              
ago and it won't work now.  He noted that a number of districts                
would lose tremendous amounts of money and the impact of those                 
losses won't be felt in administrative offices, but will be felt in            
classrooms.  He said somewhere something needs to be done to make              
sure the children aren't hurt.                                                 
                                                                               
Number 2323                                                                    
                                                                               
CHAIRMAN BUNDE asked if Mr. Cyr, as the representative for NEA-Alaska, supports
in Alaska.                                                                     
                                                                               
MR. CYR said there's a need to look at how schools are funded                  
across Alaska.  NEA-Alaska has consistently talked about the need              
for a universal tax for schools.  His preference would be some kind            
of income tax with a back-end write off for people living in the               
organized boroughs who already provide for their schools at some               
level.  He thought it had ....                                                 
                                                                               
TAPE 98-39, SIDE B                                                             
Number 0001                                                                    
                                                                               
MR. CYR .... "I don't think we just say we're taxing you -- because            
quite honestly at 3 percent, there are a number of people out in               
the rural areas who are going to pay a lot more money into the                 
general fund towards education than you would pay if you ....  So,             
I think there's got to be an equity issue here."                               
                                                                               
Number 0018                                                                    
                                                                               
CHAIRMAN BUNDE asked if NEA-Alaska would have a more positive view             
of this bill if it produced a significant increase in the                      
foundation funding for all schools in the state.                               
                                                                               
MR. CYR responded, "If you're asking me if I think that I would be             
in favor of a bill that provided more money for education for every            
child in Alaska - absolutely I would be in favor of that."                     
                                                                               
CHAIRMAN BUNDE asked, " From your perspective statewide -- you have            
statewide responsibilities from rural to urban and back, would you             
say it's more likely that we would have increased funding if we                
have local support and we have equity than if we don't?"                       
                                                                               
MR. CYR said if there was equity of program.  He said it's                     
important not to confuse equity of program with equity of dollars.             
If equity of educational opportunity is really looked at and every             
child receives the kind of education needed, and parents in                    
Anchorage, as well as parents in Togiak, believe those schools are             
doing a good job, he thought that more money should be made                    
available for education.  He said, "I think rural education - I                
think it's a myth if we say rural education doesn't work."  Rural              
Alaska has been transformed in one generation.                                 
                                                                               
Number 0108                                                                    
                                                                               
LUCY CROW testified via teleconference from Bethel and said SB 36              
is the worst discrimination she's ever witnessed and it will never             
work.  She urged the committee not to support this piece of                    
legislation.                                                                   
                                                                               
Number 0139                                                                    
                                                                               
CYNTHIA HENRY, Legislative Chair, Fairbanks North Star Borough                 
School Board, testified via teleconference from Fairbanks and said             
the Fairbanks School Board believes the current school foundation              
formula is broken and the board extends its gratitude for efforts              
on this important issue.  She wanted to share the board's                      
priorities for a new foundation formula.  First, the formula should            
be made more equitable for the larger districts and all                        
communities, including REAAs, should contribute to the cost of                 
education.  The rationale for that is the board has long supported             
its concept of change to the foundation formula that required all              
citizens to participate in the funding of their schools.  The                  
location of a personal residence should not eliminate that                     
responsibility and under the current system, only those residents              
of organized municipalities pay directly to the operation of their             
schools.  It is the board's belief that when citizens directly                 
participate in the funding of schools, public scrutiny increases               
and school districts and school boards are held to a higher                    
standard.  The board also believes that special education funding              
should be determined as a percentage of enrollment.  The board has             
a fairly long history of supporting this concept and has gone on               
record for several years supporting the leveling out of funding                
provided for all special needs children.  The Department of                    
Education generated a report recommending funding special needs as             
a percentage of enrollment several years ago and the board                     
supported that recommendation then and supports it now.  The                   
Fairbanks North Star School Board also supports relief from the                
impacts of local assessed valuation on state funding.  This was an             
issue the board felt needed to be addressed.  She noted under the              
current formula, the district is facing a reduction of $2.3 million            
because of changes in the assessed valuation.  The board is                    
supportive of the quality school initiatives and she believed would            
be supportive of the earlier amendment which included some of the              
quality school initiatives into SB 36.  The board believes the                 
state will need to provide funding for the mandated services that              
are required because there are costs associated with some sort of              
developmental assessment for kindergartners.  She said there's a               
large expense in that kind of effort, but the board supports it.               
Finally, the Fairbanks North Star School Board believes there                  
should be a periodic review and adjustments made to the state                  
foundation formula to cover increased costs, which is part of the              
problem with the existing foundation formula.  She thanked each                
committee member for their efforts in this important issue.                    
                                                                               
Number 0318                                                                    
                                                                               
REPRESENTATIVE BRICE asked how close Fairbanks was to reaching the             
local contribution cap.                                                        
                                                                               
MS. HENRY said, "We would be there or just over if the foundation              
formula does not change and our request that's being made this                 
year, which is approximately $4 million more than last year, I                 
think puts us at or just over the cap."                                        
                                                                               
Number 0353                                                                    
                                                                               
TILLI ABBOTT, Principal, Hoonah City Schools, testified she was                
born and raised in Hoonah, graduated from Hoonah High School and is            
now the principal.  Although this legislation would not affect                 
Hoonah directly, she was speaking on behalf of all rural                       
communities.  She said education is not only a basic right for all             
citizens of the United States, but it also should be equitable and             
she keeps hearing over and over that someone is going to be left               
out.  Having gone to college in Anchorage, she knows there are                 
funding resources available there for education, whereas the people            
in the rural communities do not have the opportunities and                     
resources.  As a first year principal, she has become aware of how             
much money it costs to operate a school.  Take athletics, for                  
example, which is an important part in rural communities in                    
building self-esteem; it took about $10,000 to send the basketball             
team to Anchorage to compete in the state tournament.  She referred            
to a newspaper article with a picture of a group of young ladies               
from rural areas wearing arm bands in protest of SB 36.  That                  
really made an impression on her, especially when an article                   
appeared the following day stating the mayor found some $12 million            
he didn't know existed.  She thought it was sad that the education             
and self-esteem of young people depends on legislators.  She asked             
committee members when they had last spoken with a teen besides                
their own or visited a rural school.  She extended an invitation to            
come walk in the shoes of students and people in rural areas.  She             
surmised that each committee member had an adequate education and              
wanted the same for their children and grandchildren.  She said                
they are no different than the people in the rural communities who             
want the same opportunities.  She asked committee members to place             
themselves in the position of having to face the possibility of                
having to send their children or grandchildren to a boarding                   
school.                                                                        
                                                                               
Number 0508                                                                    
                                                                               
REPRESENTATIVE DYSON said he understands the McDowell Study does a             
more accurate job than ever before on the cost differential of                 
running education in the various areas of the state.  The results              
of that study were taken into account in SB 36 in a more accurate              
way than ever before.  He wondered what he was missing when Ms.                
Abbott and others keep saying that Senate Bill 36 doesn't take into            
account the cost differential of operating a school in the rural               
areas.                                                                         
                                                                               
MS. ABBOTT replied she didn't believe it took a study, but just                
common sense.  She said, "I think it really takes you to go into               
that school district and look at their books and see how that money            
is spent.  I think it really takes you to come out to Hoonah and               
see that we don't have any frills."                                            
                                                                               
REPRESENTATIVE DYSON asked what gave Ms. Abbott the idea that SB 36            
doesn't take into account the cost differential in running                     
education in rural areas.                                                      
                                                                               
MS. ABBOTT said discussions with a Senator and a Representative                
gave her that idea.   She hadn't read all of the McDowell Study,               
but the Senator and Representative had really highlighted the fact             
there is nothing right about this bill.                                        
                                                                               
REPRESENTATIVE DYSON commented he has lived in Alaska for 35 years             
and worked in lots of villages.  He's not able to understand the               
hostility and anger and the lack of specific information about what            
is wrong with this bill, therefore, it doesn't help him re-evaluate            
where the problems are.  He noted he hasn't heard any outrage about            
the schools that have been taken advantage of under the current                
formula.                                                                       
                                                                               
MS. ABBOTT responded when the red flags are raised and there's                 
rhetoric over and over, it is a legislator's responsibility to go              
out and find out how the people are feeling about a specific issue.            
                                                                               
Number 0672                                                                    
                                                                               
REPRESENTATIVE KEMPLEN referred to the administrative costs and Ms.            
Abbott's comment about the high cost of sending the kids to the                
tournament.  There had been earlier testimony about how important              
programs like band, wrestling, basketball and the like are in                  
creating a sense of pride and self-esteem in students, giving them             
a strong foundation upon which to be self-sufficient citizens.  He             
wondered how those costs are accounted for.   The McDowell Study               
mentions there is a wide variation in the administrative category              
and said it appears that certain schools are including the cost of             
extra curricular activities in the administrative category.  He                
asked Ms. Abbott if the expenditures for the basketball team in                
Hoonah are charged to an administrative function.                              
                                                                               
MS. ABBOTT said not to her knowledge.                                          
                                                                               
SENATOR WILKEN observed the Hoonah School District has 270                     
students, but by adding in the data from the McDowell Study and the            
categorical funding, the Hoonah School District actually gets                  
credit for 504 students under Senate Bill 36.  He explained the                
student count is brought up to try to make everyone equal.                     
                                                                               
MS. ABBOTT reiterated that SB 36 does not directly impact Hoonah               
and it is not anticipated to, but she's testifying on behalf of the            
rural communities up north.  She stressed it wasn't fair that                  
people had to even think about perhaps moving away from families               
because of inequities in the funding.                                          
                                                                               
CHAIRMAN BUNDE noted that Mt. Edgecumbe was strongly supported by              
the rural community and many of today's rural Native leaders went              
to school at Mt. Edgecumbe.                                                    
                                                                               
Number 0991                                                                    
                                                                               
REPRESENTATIVE DYSON asked what has led Ms. Abbott to think this               
bill is going to force people to go to boarding schools.                       
                                                                               
MS. ABBOTT said the cry from the people in the urban areas is they             
are tired of paying taxes while still not receiving the funds they             
feel they are entitled to.  People in the rural areas are concerned            
that funds are being taken from their schools and because of the               
lack of funds, schools will be closing immediately.                            
                                                                               
REPRESENTATIVE DYSON explained students in the smallest schools                
would be counted as five students, which translates to five times              
more money than a student would get in Anchorage, for example.  He             
believed there was a point at which it was no longer efficient to              
operate a school. Currently, there are several thousand students               
statewide involved in correspondence or home schools, and he                   
believed that option was open to anyone if in the rarest occasion              
a school would close.  He wondered why people weren't thinking                 
about either of those options.                                                 
                                                                               
MS. ABBOTT responded she would want her child to have the                      
opportunity to find out what education is all about, including the             
ability to learn social skills.  She explained that in many rural              
areas, the school is the heartbeat of the community.                           
                                                                               
Number 1138                                                                    
                                                                               
KARL GREENEWALD, SR., Board Member, Huna Totem Corporation, said he            
grew up in Hoonah and went to college in Fairbanks and Anchorage.              
He was testifying on behalf of himself in opposition to SB 36.  He             
said while there are discussions about the possibility of schools              
being closed and children being sent to boarding schools, it is                
really important to remember that our federal government is                    
promoting strong family values and guidance.  He referenced the                
previous comment about some $9,000 per student in rural areas                  
versus $3,000 some per student in Anchorage and said there is a big            
cost of living difference between the rural areas and urban areas.             
He pointed out that rural communities make a significant economic              
impact on both rural and urban areas and went on to discuss the                
economic impact of the two Native Corporations in Anchorage, as                
well as the week long Alaska Federation of Natives Conference.  He             
talked about the importance of rebuilding their Native culture                 
which was taken away.  He said this legislation would have a great             
impact on the people in the rural areas and urged committee members            
to give it some serious thought.                                               
                                                                               
Number 1618                                                                    
                                                                               
MR. NOTTI read the following statement on behalf of JOANN MCDONALD:            
"Rural Alaska is stretched for adequate funds to educate children.             
Now overcrowding has already caused program cuts - music, art,                 
advanced science and math, no tutors or summer school.  Please help            
our children and vote no on SB 36.  Save rural Alaska.  Love and               
educate our best resource - our kids."                                         
                                                                               
Number 1748                                                                    
                                                                               
LINDA DEMIENTIEFF testified via teleconference from Fairbanks.  She            
is a single parent with two children and is also a product of the              
boarding school.  She finds herself in the same position now as she            
was 30 years ago having to explain to the Senate that children in              
rural areas did not want to go to boarding schools.  She had been              
watching the committee on television and was of the opinion this               
issue has not been well thought out.  She reminded committee                   
members they are dealing with the lives of Alaska's children and               
interfering in their education will affect the entire life of these            
children.  The legislature has the power to either reverse the                 
efforts of the people in rural areas without giving any thought, or            
to make this good by taking it back to the drawing board and                   
working with the people in the villages.                                       
                                                                               
CHAIRMAN BUNDE noted this project has been underway for five years             
now.                                                                           
                                                                               
Number 1938                                                                    
                                                                               
CHRIS CAMPBELL, Member, Ketchikan Gateway Borough School Board,                
testified from Ketchikan via teleconference.  She said she has read            
the McDowell Study and has been tracking efforts to reform the                 
school funding issue for many years.  She thought the McDowell                 
Study was the most accurate area cost differential study conducted             
to date.  Many of the districts that would benefit under SB 36 are             
located in Southeast Alaska, including a number of villages.  This             
points out the inequitable situation that has existed for years                
with Southeast communities more than shouldering their burden for              
educating students and making do with less.  She noted the                     
Ketchikan School District has funded education to the cap for                  
years, yet in the last two years 32 positions have been lost as                
well as programs.  At the end of this fiscal year, the budget will             
have been cut by $2 million in a 2-year period.  She said much of              
the testimony she's heard has been moving and it's true that people            
do make choices as to where they want to live.  She is concerned               
about the impact this legislation will have on some areas around               
the state and the issue of boarding schools is a haunting one.                 
However, the schools in Southeast Alaska do deserve fair equity and            
it is her hope that SB 36 will provide the vehicle for an (indisc.)            
change.                                                                        
                                                                               
REPRESENTATIVE BRICE said given the passage of SB 36, the Ketchikan            
School District will receive a 20 percent increase in state                    
contribution.  Considering that's a big increase to the budget he              
wondered if the district would have adequate time to efficiently               
get that money into the classrooms.                                            
                                                                               
MS. CAMPBELL said the board is prepared to get the money into the              
classroom.  There is a need for new textbooks, technology,                     
additional teachers, aides, et cetera.                                         
                                                                               
TAPE 98-40, SIDE A                                                             
Number 0001                                                                    
                                                                               
ROBERT MCCLORY testified via teleconference from Ketchikan as a                
parent concerned about school funding issues.  He's seen his                   
children's programs attacked by a seemingly never ending string of             
budget cuts, yet the students still have good grades, good work                
habits, positive attitudes and good test scores.  However, his fear            
is that further budget cuts will definitely have an effect.                    
Obviously he would like to see the local schools in Ketchikan                  
receive funding; by that he means comparable to all the other                  
schools in Alaska.  He acknowledged the complexity of the existing             
foundation formula makes it difficult to sort out the problem, but             
he believes the existing funding formula should be replaced with a             
formula that people can understand and work with.  Some people                 
think SB 36 is taking from the poor and giving to the rich, but he             
sees it differently -  he sees it as a simple platform from which              
to start providing some equity in funding and identifying which                
schools are still in need of additional funding.  He believes SB 36            
contains other important features like cutting administration                  
costs, putting a larger percentage of the funding into the                     
classrooms and asking communities to share in the cost of                      
education.  He asked the committee to ensure this legislation does             
not become a political issue which dies from a lack of consensus.              
He said it's important not to lose sight that there are really two             
issues:  the funding formula and a mechanism for funding education             
adequately.                                                                    
                                                                               
CHAIRMAN BUNDE commented he believes the two issues are                        
intertwined.                                                                   
                                                                               
Number 0342                                                                    
                                                                               
SANDY JONES testified via teleconference from Tok in opposition to             
SB 36.  She conveyed that people in Mentasta have worked hard to               
establish a good education system and if this legislation passes,              
the school will have to cut 1.5 teachers or close down the school.             
She said, "My father was a product of a boarding home.  I, too, was            
in a boarding home but I became an alcoholic because I didn't have             
the education that the Tok school had."  She expressed her                     
frustration about the legislature making decisions for and taking              
away the rights of the Native people of Alaska.                                
                                                                               
Number 0578                                                                    
                                                                               
UNIDENTIFIED SPEAKER testified offnet from Kwigillingok with                   
suggestions for SB 36.  He said, "First we lose the money and next             
we will be required to establish municipalities and boroughs in                
order to generate money for education.  These extensions of state              
government will then require property taxes.  These taxes will be              
paid by the village (indisc.) ANCSA Corporations.  Many of these               
corporations will become bankrupt and people will be sent to find              
their own way as best they can.  It's no big secret that Native                
Alaska has become a welfare society."  He said he's not had a real             
job in seven years and there's nothing worse than a healthy able-bodied man ear
people.  He said if more money is needed for education, the income             
tax should be reinstated.  He doesn't want anyone using his                    
permanent fund dividend.                                                       
                                                                               
Number 0798                                                                    
                                                                               
REBECCA GAMEZ, Director, Employment Security Division, Department              
of Labor, expressed concern with the implementation of Amendment 2             
in terms of the date.  She said the current date of January 1,                 
1999, would be very difficult for the department to comply with                
because of year 2000 compliance issues being dealt with by the                 
department.  An earlier Senate working draft proposed a date of                
January 1, 2001, which would be workable for the department.  She              
explained about one-third of the data processing efforts are going             
toward year 2000 compliance and the other two-thirds are being used            
to comply with Legislative Budget and Audit requests.  She said                
currently there are four programmer positions vacant and it's                  
difficult to fill these technical positions because of the high                
demand with year 2000 around the corner.                                       
                                                                               
Number 0913                                                                    
                                                                               
CHAIRMAN BUNDE asked what date would be workable for the                       
department.                                                                    
                                                                               
MS. GAMEZ said realistically, the original date of January 1, 2001,            
would be the department's preference.                                          
                                                                               
Number 0944                                                                    
                                                                               
MIKE NOEL, Info Services Manager, Division of Administrative                   
Services, Department of Labor, said if the department is to                    
accomplish the year 2000 compliance testing in readiness for the               
event when it occurs, he didn't think it would be practical for the            
department to attempt to accomplish this new task before January 1,            
2000.                                                                          
                                                                               
CHAIRMAN BUNDE inquired how much would be involved in merely                   
writing the forms for employers to use in collecting the local                 
contribution.                                                                  
                                                                               
MR. NOEL replied it would involve more than just writing the forms.            
The department would be required to process the forms when returned            
by the employers, correlating the information to the wage records              
anticipated to come into the system to determine the individual has            
had wages paid and now the employer is reporting the taxes on those            
wages.  This would require substantial programming changes, so it's            
a little more complicated.                                                     
                                                                               
CHAIRMAN BUNDE noted the House Finance Committee would address the             
fiscal impact of implementing this legislation.                                
                                                                               
Number 1064                                                                    
                                                                               
MS. GAMEZ said the department's second concern is regulation                   
drafting and approval.  She explained it is a timing problem in                
that the regulations need to be in place before the programming can            
occur.  She pointed out there are some definition inconsistencies              
that could affect employers; i.e., compensation for services,                  
reportable wages, employer, individual, et cetera.  Another area of            
concern for the department is the lack of employer input.  Also,               
based on her interpretation of Amendment 2, a tracking system would            
need to be put in place when a worker performs work in an                      
unincorporated borough setting.                                                
                                                                               
Number 1198                                                                    
                                                                               
REPRESENTATIVE BRICE inquired how the department would deal with a             
truck driver running a haul between Fairbanks and Valdez.                      
                                                                               
MS. GAMEZ said based on the department's interpretation of                     
Amendment 2, the truck driver's employer or the driver, if self-employed, would
driving time through the unincorporated areas of the state.                    
                                                                               
Number 1264                                                                    
                                                                               
CYNDEE SIMPSON SUGAR testified via teleconference from Bethel that             
she was appalled that education funding was being cut in the rural             
areas to give to the urban areas.  She attended school in Ketchikan            
and on the Kenai Peninsula and said the opportunities she had 20               
years ago are above what the rural students have today.  She                   
believed when the legislature was speaking of equality, it was in              
terms of dollars, certainly not in terms of programs or facilities.            
She stressed that "being out of sight is being out of mind" because            
until she actually lived in rural Alaska, she didn't think about               
rural Alaska.  She said there should be a way to help all Alaska's             
children; the rural children are being discriminated against                   
because of where their family chooses to live.  She encouraged the             
legislature to get back to work for Alaska's children.  She                    
commented on the amount of money her family spent in Anchorage the             
past year, and said she would join or possibly lead a group to                 
boycott spending money in Anchorage.                                           
                                                                               
Number 1414                                                                    
                                                                               
VELETA MURPHY testified from Fairbanks via teleconference.  She                
stated she's a property owner in Fairbanks and a former teacher.               
She's shocked the state would consider reverting to a system that              
removes schools from communities and re-establishes a system which             
in the past has forced parents to farm their children out to other             
villages or boarding schools.  This legislation will impact all                
rural children; not just Native Alaskans.  In small communities,               
the school becomes a cultural as well as an educational center, and            
the state will be taking the heart of the community away in these              
small communities.  As adults, we are supposed to protect and care             
for all the children of the state and she certainly could not                  
support any system that penalizes children for where they live.                
Education is a necessity in our world, but it shouldn't cost                   
children their family.  It's unfair and morally reprehensible to               
consider taking money from one group of children for another.  It's            
been agreed that rural education costs more; what's really needed              
is more money for all education.  She doesn't want to live in a                
state that doesn't support education for all.  She agrees with many            
of the comments that have been made at this hearing and mostly                 
she's ashamed that everyone can't see that all children are                    
important and deserve to have neighborhood schools, wherever they              
live.  She opposed this legislation and urged the committee to do              
so also.                                                                       
                                                                               
CHAIRMAN BUNDE agreed that children are important, but it's also               
important that local people support their schools.                             
                                                                               
Number 1521                                                                    
                                                                               
PAUL SUGAR testified from Bethel via teleconference in opposition              
to Senate Bill 36.  He said although he's a rural Alaskan he                   
understands urban Alaskan's frustration with educational funding               
that is based on property taxes.  Earlier, he had heard committee              
members speaking about people making choices about where they live             
and dealing with the consequences.  He was reminded that people of             
urban Alaska made a choice, through an election, to impose a                   
borough upon themselves as well as to impose property taxes.  He               
said there is a very fundamental flaw with Senate Bill 36; an ever-shrinking pi
                                                                               
Number 1669                                                                    
                                                                               
DEBORAH VOGT, Deputy Commissioner, Department of Revenue (DOR),                
testified on the tax issue.  She said the tax would create a 3                 
percent employment tax on all individuals performing services in               
the unorganized borough; residents and nonresidents, wage earners              
and self-employed.  She explained the Department of Labor would                
collect the taxes from the wage earners and the Department of                  
Revenue would collect from the nonresidents, self-employed and                 
individuals in an organization who don't pay into unemployment                 
insurance.  She said she's confused as to where the legislature is             
drawing the taxing power in the legislation.  She senses the                   
legislature is exercising its constitutional power as the municipal            
assembly for the unorganized borough and if that's so, it presents             
a number of issues that may be worth considering.  If, however, the            
legislature is exercising the power to levy a general tax, that                
raises a different set of issues.  With respect to the                         
constitutional power to sit as the assembly for the unorganized                
borough, she said it's not completely clear to her what kinds of               
taxes are available to be used in that capacity.  The other issue              
is that most of the individuals who pay taxes in a municipality or             
a borough, have a direct connection with the people who are                    
imposing tax; i.e., the people paying the tax elect the people who             
are imposing the tax.  That connection does not exist with the                 
people in the unorganized borough and this body as a whole.  She               
thought those issues should be considered.                                     
                                                                               
MS. VOGT said in terms of implementation of the tax, some of the               
problem issues that have been discussed include the effective date             
of January 1, 1999.  She explained the Department of Revenue would             
use IRS data in order to verify self-employment income of those                
individuals.  The department doesn't receive that data, so it would            
need to be purchased from the IRS.  Both the Department of Labor               
and Department of Revenue parts of the tax would be enforced and               
administered by Department of Revenue; i.e., the DOR would be                  
responsible for auditing and enforcing the tax.  She observed that             
finding some of these self-employed individuals and nonresidents               
earning income in the unorganized borough is a problem.  Another               
problem will be how the employers will determine which REAA to                 
attribute those deductions to; there's going to be a fairly complex            
issue of matching the wages and the taxes deducted from the wages              
to the particular area from whence they came, and it will be even              
more problematic for individuals who move around; e.g., truckers,              
commercial fishermen, construction workers, tourist operations, et             
cetera.  She didn't think it would be easy to determine how those              
funds will be collected and allocated.                                         
                                                                               
MS. VOGT stated, "There are some equity issues to think about - a              
municipal resident's contribution ends with the fulfillment of the             
local taxes, and then if that individual goes off and works in the             
unorganized borough, then he can have a credit for the taxes that              
he paid in the unorganized borough that went to education, but                 
he'll pay additional taxes on wages for any work performed there.              
Whereas, his next door neighbor might have the identical job, but              
stay home and perform it and he'll just pay the property tax and               
not the additional employment tax."  Municipal residents who rent              
will not pay property taxes and therefore, will be treated                     
differently from their neighbor if they both work in the                       
unorganized borough and one pays employment tax and the other                  
doesn't.  The credit provisions are essentially implemented by the             
employer - the employee can ask the employer to stop withholding               
tax from his paycheck by presenting evidence of the local taxes.               
Quite frankly, she didn't see how this was going to work because               
that would ask the employer to be familiar enough with local taxes             
in other parts of the state to know what parts went toward                     
education.  Another issue with the credits is that nonresidents                
also pay local support for schools in their communities and as she             
understands the legislation, would not be entitled to a credit.  As            
a former lawyer, she thought that raises constitutional issues that            
should be looked at.  The administration of the tax is problematic             
in that it's a very labor intensive tax; fiscal notes from the two             
departments indicate it would take seven people to administer a tax            
that would produce about $10 million to $11 million.  By a                     
comparison, not a single person is allocated to enforce the                    
cigarette tax; it's absorbed in work performed by people                       
administering other taxes and that tax produces about $35 million.             
                                                                               
MS. VOGT said frankly, the tax would not be an audit priority for              
the Department of Revenue and the staff probably would not spend a             
lot of time trying to track down nonresidents who worked in the                
unorganized borough.                                                           
                                                                               
CHAIRMAN BUNDE observed the lack of enthusiasm in the                          
Administration probably generates additional roadblocks, but he                
assured Ms. Vogt it had been addressed from a constitutional and               
legal point of view.                                                           
                                                                               
Number 2020                                                                    
                                                                               
BOB MEDINGER testified via teleconference from Bethel.  In response            
to Representative Dyson, a major flaw in the cost study is the fact            
that it's based on Department of Education (DOE) data that reflects            
expenses and not the cost of a program and it has nothing to do                
with quality education or the quality of a program.  If the data               
from the study is applied to SB 36, these are the results for the              
Lower Kuskokwim based on mostly bad data:  Loss of $8 million, 65              
teachers are laid off, 115 classified employees, mostly bilingual              
staff, are laid off, close two or three schools, and the bilingual             
program is completely eliminated.  In an attempt for people in                 
rural Alaska to relate and get a better understanding of the urban             
versus rural view he asked what Chairman Bunde would do if his                 
child's school just closed and there wasn't a bus or a road to get             
his child to another school.                                                   
                                                                               
CHAIRMAN BUNDE responded he would do what he would do for any                  
resource that disappeared; he would relocate.                                  
                                                                               
MR. MEDINGER asked Chairman Bunde to assume this bill passed and he            
found the language of his home, English, would no longer be the                
language in his child's school, what would his reaction be.                    
                                                                               
CHAIRMAN BUNDE responded he would speak the language of the                    
dominant culture because that's the only way his children would                
survive in the modern world.                                                   
                                                                               
MR. MEDINGER asked Chairman Bunde of all the criticisms about SB 36            
he had heard this afternoon, has even one of them been justified in            
his mind and if so, what would it have been.                                   
                                                                               
CHAIRMAN BUNDE responded that justification much like beauty is in             
the beholder.  He added that change is frightening for everyone and            
this bill involves a lot of change.  The thought of communities                
being required to make a contribution, when for 20 or 30 years a               
community has made no contribution for schools, is going to be                 
upsetting.  He could empathize and understand why people would be              
concerned or criticize.                                                        
                                                                               
MR. MEDINGER said his question had been if Chairman Bunde finds any            
of the criticisms actually justifiable.                                        
                                                                               
CHAIRMAN BUNDE noted that Representative Porter would like to                  
answer that question.                                                          
                                                                               
Number 2150                                                                    
                                                                               
REPRESENTATIVE PORTER replied, "I find everything - every criticism            
that was made by anybody that testified tonight justifiable.  The              
perception that they have, as very appropriately from their point              
of view put out by folks that will be losers, if you will, in this             
initial rendition of the formula, have done a very good job in                 
convincing folks that the folks down here are intentionally taking             
money from rural areas and giving it to the urban areas.  I guess              
I would turn the question around and if you were me from midtown               
Anchorage where my constituents are telling me that they are tired             
for the last 10, 15, 20 years of being on the short end of this                
distribution stick, what you would do if you were supposedly                   
elected to represent them?"                                                    
                                                                               
MR. MEDINGER said it's very simple.  The state has $23 billion in              
a savings account.  He asked how much of that, percentage-wise,                
would need to be put into Anchorage, Fairbanks, Juneau, Kenai and              
Mat-Su to bring up the level of perceived inequity that's needed.              
                                                                               
REPRESENTATIVE PORTER said he supported using that fund for the                
reason it was intended to be developed; that being the operation of            
government.  Unfortunately, there were not a lot of other                      
legislators who agreed with him and in fact, the citizens of the               
state couldn't be drawn together to get enough signatures on a                 
petition to put that on the ballot for a vote.  Until it is put on             
the ballot for a vote, funds from the permanent fund are not going             
to be used for education.                                                      
                                                                               
Number 2226                                                                    
                                                                               
CHAIRMAN BUNDE noted the $24 billion doesn't belong to the                     
legislature; it belongs to 600,000+ Alaskans and it's their choice             
as to how the earnings of the permanent fund is spent.  From the               
day the permanent fund started, he has concluded the earnings were             
for operation of government, but as an employee of the people who              
sent him to the legislature to represent them, it is his job to                
represent their point of view on that issue.                                   
                                                                               
Number 2248                                                                    
                                                                               
REPRESENTATIVE DYSON said there were a couple of issues that have              
been raised which have caused him to do some rethinking.  He said,             
"One, the McDowell Study made the assumption that everybody was                
doing their educational business somewhat correctly.  My own                   
perception is that there are districts around the state doing an               
extraordinary job and have for a long time been into cost                      
reductions, efficiencies of scale and working at excellent ways of             
delivering service.  And there's some schools and school districts             
around that are utterly irresponsible, incompetent, self-serving               
leadership, that are building taj mahals, and building up their                
last few years of their teachers' contract for their retirement and            
are not being held accountable and are quite irresponsible in how              
they've been doing things.  Hopefully, the latter category are a               
small minority, but indeed, we have started here with the                      
assumption that everyone is doing their business with equal                    
excellence and equal efficiency - I think that's not a given - so              
what we're doing here is starting out on a basis that's somewhat               
inaccurate.  And I don't know how it could have been done better,              
particularly in the time frame we had.  Second thing that I believe            
is, that in all of the villages that are predominately Native, I               
think we should be working towards funding bilingual education in              
all of them in rural Alaska.  So those are two criticisms that I've            
heard and listened to and tend to believe."                                    
                                                                               
Number 2322                                                                    
                                                                               
CHAIRMAN BUNDE pointed out the median household income for Bethel              
and for Anchorage is within $1,000 of each other, so at least in               
the case of Bethel, it's not taking from the poor and giving to the            
rich.                                                                          
                                                                               
MR. MEDINGER interjected the cost of living is 50 percent higher in            
Bethel and the 23 communities around Bethel are among the lowest               
economic based per capita income in the United States, not just                
Alaska.                                                                        
                                                                               
TAPE 98-40, SIDE B                                                             
Number 0002                                                                    
                                                                               
CHAIRMAN BUNDE commented that it costs more to live in Alaska than             
it does in Arkansas, but he doesn't expect the federal government              
will provide a subsidy for Alaskans.                                           
                                                                               
Number 0013                                                                    
                                                                               
REPRESENTATIVE KEMPLEN said one of the interesting things about the            
McDowell Study is that it was not intended to be a comprehensive               
review of all the philosophical and equity issues that might be                
addressed by the legislature in considering revisions to the                   
foundation formula.  The assumption of the McDowell Study was that             
categorical funding would be distributed in a manner similar to the            
existing allocation in the current foundation formula.  With                   
respect to the geographical area including Bethel, Mr. McDowell                
mentioned that 50 percent of the reduction that occurs in those                
school districts is because of the changes to the categorical                  
funding category; specifically the bilingual.  The 20 percent cap              
placed on categorical funding had significant impacts on the                   
distribution of money going into the Bethel region.  He believed               
there should be more discussion on categorical funding issues in               
addition to the philosophical and equity issues.  He pointed out               
the permanent fund is projected to produce over $1 billion after               
dividends and inflation proofing which is available for                        
appropriation by a majority vote of the state legislature.  The                
people of Alaska need to make their wishes known to their                      
respective legislators regarding the use of the permanent fund.                
                                                                               
Number 0131                                                                    
                                                                               
SENATOR WILKEN noted that Mr. Medinger is from a district with                 
3,600 students and the state support this year is $36 million.  In             
1996, there were 4,900 people in that district who had a total of              
$119 million in earned wages.  Under the current foundation                    
formula, the district gets $10,618 per student as compared to                  
$3,931 for Anchorage.  In looking at those numbers, he feels                   
compelled to ask, "Why don't you help pay for education?"                      
                                                                               
MR. MEDINGER said, "You're right - I agree, we should and we're                
willing to - give us something fair and we will.  I also want to               
point out one thing.  When you look at PL-874 money, of which our              
area generates $10 million, that is not counted in the local match.            
When you take that PL-874 money that comes in from rural Alaska,               
and you match it up as a match in the education funding unit today,            
you know we're putting in more money than the property taxes that              
are being spent on education in Anchorage, and it's not counted as             
a local match.  Why is that?"                                                  
                                                                               
SENATOR WILKEN said he didn't want to get into the discussion of               
PL-874 funds at this time, but those funds are treated the same                
across the state.  He added the district will be able to keep                  
dollar for dollar in PL-874 money when it begins to contribute on              
its own.                                                                       
                                                                               
Number 0208                                                                    
                                                                               
SHIRLEY DEMIENTIEFF, President, Fairbanks Native Association,                  
testified from Fairbanks via teleconference.  She said the                     
Fairbanks Native Association has not had a meeting since this                  
legislation became a hot issue, so the comments she's presenting               
are hers personally as a private citizen.  When Cynthia Henry had              
finished her testimony, Ms. Demientieff had asked if the Fairbanks             
North Slope Borough School District was supporting SB 36.  Ms.                 
Henry responded the school district was supporting components of               
it, but not the whole bill.  Ms. Demientieff had added the school              
district did not, however, support taking money from rural areas               
and bringing it to Fairbanks.  She noted that committee members                
have been elected by a constituency to be representatives of the               
people.  Legislators are supposed to be experts to whom the public             
should be able to ask questions without being looked down upon or              
subjected to sarcastic questions or comments.  Her job as a citizen            
is to review the paper generated by the legislature to determine if            
it's understandable and if it makes sense.  In her mind, the                   
proposed formula is no more clear than the existing foundation                 
formula.  She pointed out that committee members have staff to                 
research and advise them on the various programs and issues, while             
the public can't be expected to understand complex issues such as              
the school foundation formula.  (NOTE:  A portion of Ms.                       
Demientieff's testimony is missing due to tape malfunction).                   
                                                                               
MS. DEMIENTIEFF said the school is the community center in each                
village.   She noted that in Fairbanks education dollars are spent             
to support the swimming pool, Herring Auditorium, to pay for                   
instructors for programs such as dance, crafts and other extra-                
curricular activities.                                                         
                                                                               
MS. DEMIENTIEFF didn't believe the McDowell Study took into                    
consideration the extreme cost of living in rural areas.  In                   
summary, she said urban parents would never think about the                    
possibility of being forced to send their children away to school,             
but yet, as an urban parent they're saying it's alright to send                
children to boarding schools.  She went to a boarding school as a              
child and certainly does not want that quality of life for her                 
children.                                                                      
                                                                               
Number 0453                                                                    
                                                                               
BILL WILKERSON testified offnet from Kwigillingok and said he's                
spent the past 21 years on the west bank of the Kuskokwim River                
teaching in three villages.  He stated over the past 21 years, 99              
percent of the children coming into those schools have spoken                  
Yupik, their Native language.  Those students have been instructed             
for the first three years of school in reading, writing and                    
speaking Yupik, which research indicates should be done for                    
students who don't speak English as their first language.  These               
students graduate from school reading, speaking and writing Yupik,             
a language going back thousands of years.  The passage of Senate               
Bill 36 will mean the history of that language which has been                  
consistently transmitted along will be ended because the highly                
trained, classified teachers who teach these students the first                
three years, are from the village and have trained for years.                  
Sixty-five teachers will be lost, many of whom are the bilingual               
teachers who teach the children during those first three years.  He            
explained these are not certified teachers.  He said it's                      
impossible to hire a teacher from the Lower 48 who can suddenly                
walk in and teach the children how to read, write and speak Yupik.             
The villages love their bilingual programs; these programs should              
be revered, not eliminated.  He stated SB 36 is ill-founded and                
urged the committee to listen to a Harvard Ph.D. economist                     
appearing on a radio show the following Wednesday who would attack             
three major points of the McDowell Study.  He encouraged the                   
committee to not support SB 36.  People in rural Alaska believe                
that Anchorage should get additional educational funding if needed,            
but not at the expense of the rural areas.  He requested the                   
legislature place SB 36 on the back burner, go back to the drawing             
board and draft a bill that will better solve the educational                  
problems and bring harmony between the rural areas and the urban               
areas.                                                                         
                                                                               
Number 0660                                                                    
                                                                               
CHAIRMAN BUNDE remarked he hopes this is a process toward finding              
more funding, but there must be equity and local contribution or               
there won't be any additional education dollars.                               
                                                                               
Number 0673                                                                    
                                                                               
GLEN MARUNDE testifying via teleconference from Tok was of the                 
opinion that Ms. Vogt's testimony, pointing out problems with the              
tax, was vital information and should have been presented earlier              
when everyone was available to hear her remarks.  He presented                 
three hypothetical situations of working individuals and asked how             
the 3 percent employment tax would be applied in each of the three             
situations.  Inasmuch as the tax goes into the general fund, he                
questioned how an individual would go about getting a rebate on                
taxes paid.  The point he was trying to get across is there are                
many inequities and problems created by this tax and tax credit.               
                                                                               
CHAIRMAN BUNDE asked if Mr. Marunde favored local contribution for             
schools.                                                                       
                                                                               
MR. MARUNDE said no, he and the people in Glennallen favor a                   
statewide tax and would like to see legislation introduced                     
requiring the state to fund education and prohibit property taxes              
from being used anywhere in the state to fund schools.                         
                                                                               
Number 1063                                                                    
                                                                               
CARL WILLIAMS testified via teleconference from Bethel reminding               
committee members that rural Alaska provides the oil, minerals,                
fish and natural resources that power the state's economy.  He                 
expressed his frustration with the legislature for drafting a bill             
like Senate Bill 36, which is targeted, divisive and does not                  
address the fundamental program which is that all schools need more            
funding.  He said targeted legislation is bad public policy and                
legislation that pits Alaskan against Alaskan is destructive public            
policy.  He spoke of welfare reform and the attempt to put an end              
to dependency on the government and said there is nothing that                 
rural Alaskans desire more, but the only way for rural children to             
escape the vicious trap is through their schools - schools that                
operate in regions where the cost of living and doing business is              
50 percent to 100 percent higher than urban Alaska.  Even the                  
McDowell Study could not erase the cost differentials between                  
regions completely.  He offered to provide lodging, food and                   
transportation to Bethel and to one of the villages in the area for            
Chairman Bunde or any of the sponsors of this legislation in return            
for a couple days and the promise to come with an open mind and                
ears.                                                                          
                                                                               
CHAIRMAN BUNDE stated he has traveled extensively in western Alaska            
and has a pretty good grasp of village life in that area.                      
                                                                               
Number 1402                                                                    
                                                                               
DENA IVEY, Representative, Fairbanks Chapter of the Alaska Native              
Brotherhood and Sisterhood, testified from Fairbanks via                       
teleconference.  She said she was fortunate to have received a top             
notch public education and believed she would have received the                
same quality education regardless of where she was located.                    
However, Senate Bill 36 presents a real threat to Alaska Natives               
and Alaska Native culture, simply by virtue of where an individual             
happens to be located geographically.  She said Senate Bill 36 is              
discriminatory which is (indisc.) to the protections which the                 
federal and state constitutions guarantees the people.                         
                                                                               
Number 1472                                                                    
                                                                               
STEVEN BURKE testified via teleconference from Bethel.  He moved to            
Bethel from Connecticut about 18 months ago and has three children             
in the school system in Bethel.  He expressed that SB 36 will                  
significantly impact his children's educational opportunities,                 
mostly for the negative and observed the quality of education in               
Bethel is certainly not the same as it was in Connecticut.  His                
daughter is in the Yup'ik Immersion Program and he's disturbed that            
one of the consequences of SB 36 will be to eliminate bilingual                
education.  He stressed the uniqueness of bilingual education in               
Alaska should be preserved at all costs.  He hoped the committee               
would take that into consideration in deliberating this bill.                  
                                                                               
Number 1549                                                                    
                                                                               
JOHN PECKHAM testified he has a third grade daughter in the                    
Ketchikan School District and shares the same frustration as the               
other witnesses from Ketchikan about the lack of funding in the                
Ketchikan district.  He said while there have been many comments               
made about winners and losers under Senate Bill 36, he pointed out             
there have been winners and losers under the current foundation                
program and Ketchikan feels it has been one of the losers.                     
                                                                               
Number 1609                                                                    
                                                                               
SENATOR WILKEN noted that in reviewing the data for Sitka and                  
Ketchikan, the McDowell Group had been astonished at the                       
administrative costs in Ketchikan.  While administrative costs in              
some districts were really high and couldn't be explained, they                
were unable to explain the administrative costs in the Ketchikan               
district because they were so low.                                             
                                                                               
MR. PECKHAM said he believed the school boards have tried to keep              
the pupil/teacher ratio consistent, but now the budget cuts are                
impacting that also.                                                           
                                                                               
SENATOR WILKEN confirmed that's exactly what the board had done and            
should be congratulated for keeping things afloat as long as they              
have.                                                                          
                                                                               
Number 1671                                                                    
                                                                               
PATRICIA OKSOKTARUK testified via teleconference from Fairbanks.               
She is from White Mountain and is pursuing a double degree at the              
University of Alaska Fairbanks.  She urged the committee not to                
support SB 36.  She said the recent U.S. Supreme Court Opinion                 
released on the Venetie issue has served to heighten tensions                  
between urban and rural Alaska, and SB 36 only exacerbates this                
conflict in ideology.  She said as the residents attempt to develop            
a cohesive state identity, the greatest challenge before all                   
citizens is mutual respect and appreciation for urban and rural                
Natives and non-Natives.  The quality of education must be                     
maintained for all children across the state.  She stated education            
funding is like any other service facing minimization which is a               
statewide and national trend.  Everyone bears the burden of                    
maintaining and improving this service.  Changing the funding                  
calculation is the right idea, but SB 36 is not the solution.  She             
said we must, for every child's sake, begin to take responsibility             
for education through state employment taxes or a statewide sales              
tax.  She stated the fact that scholars are coming out of rural                
Alaska, despite many obstacles, is a credit to a few outstanding               
teachers who served in the rural areas.                                        
                                                                               
Number 1991                                                                    
                                                                               
KAREN KALLEN-BROWN testified via teleconference from Fairbanks and             
said Senate Bill 36 does nothing to solve the problem of the                   
funding formula or to fix any of the education problems in the                 
state.  Taking money from rural children to give to urban children             
will only exacerbate the problems and will not solve any of the                
difficulties.  As a parent and teacher who has lived, worked and               
schooled her own children in both rural and urban Alaskan schools,             
she could safely say that children in rural areas do not have the              
breadth of educational opportunity available to urban children.                
The state should invest in the future by adequately funding all                
schools so each child has equal opportunity to an excellent                    
education, regardless of individual and diverse needs.  She said               
equality does not always mean the same; it means having one's needs            
met so that one has the same opportunity.  Rural schools and rural             
children are always struggling to have their needs met.  She urged             
the committee not to pass SB 36.  She concluded that a fair                    
solution to the problem needs to be found - Senate Bill 36 is                  
simple, but it's not fair.                                                     
                                                                               
Number 2097                                                                    
                                                                               
MARGARET WILSON testified from Fairbanks via teleconference in                 
opposition to SB 36.  She is a product of a boarding school and it             
seemed to her the only choice for the people in the rural                      
communities is to start the boarding schools again.  She left her              
home at age 11 and never went back.  She has spent most of her                 
adult life in Fairbanks, is a homeowner and her children attend                
school in Fairbanks.  Her children would be appalled to know any               
extra money for their school would come at the expense of the rural            
areas.  She asked the committee to give careful consideration to               
what's being taken away from kids in the rural areas.                          
                                                                               
TAPE 98-41, SIDE A                                                             
Number 0001                                                                    
                                                                               
DON SHIRCEL testified via teleconference from Fairbanks.  He said              
he had heard all the testimony presented this evening and it seems             
obvious to him there is a need to change the current funding                   
formula, but SB 36 doesn't appear to have any less problems or                 
fewer inequities than the old formula.  He strongly suggested the              
committee consider the comments of the many different people from              
communities around the state and seriously consider working on                 
another bill that would improve the formula.  In his opinion, SB 36            
is not an improvement.                                                         
                                                                               
Number 0122                                                                    
                                                                               
CHAIRMAN BUNDE closed public testimony.  He stated, "I accept that             
this is an issue upon which reasonable people can disagree.  I,                
however, feel that the area cost differential was a valid study                
done by people without any political ax to grind that indicated                
that there have been about $26 million incorrectly directed toward             
rural areas because the cost of an education out there was not                 
accurately reflected, that we have after a great deal of study,                
attempted to address a foundation formula problem.  I think this is            
part of a process and I can speak only for me when I say that, and             
I've said it earlier this evening, I will reiterate one more time,             
that unless the public - the vast population of this state - 65                
percent of them who do not have children in school, but still have             
an equal right to discuss how education money is spent, the                    
majority of the folks including those without children in school,              
understand that education makes Alaska a better place; that                    
education is absolutely critical to the success of our children.               
However, until they feel there's equity in the way the money is                
distributed, and until they feel there's fairness in local support             
that there must be change, that people no matter where they live in            
the state, have an obligation to support their school system.  And             
until that happens, they are not apt to invest more money in the               
current system.  There's been quite a bit of testimony about the               
fact that the foundation formula has been flat funded for a number             
of years, that it has not been adjusted for inflation - the                    
legislature did not do that capriciously - we did that because it              
reflected the will of the majority of the people.  There's a fair              
argument that perhaps there was money not well spent and by holding            
the formula flat, schools have grown into a more adequate or more              
realistic level of funding.  I am personally convinced that we are             
now at a point where inflation has had a negative impact and we                
should have more money in the formula, which is why I support a                
process that will, I think, achieve that which is to have local                
contribution and to have a fair distribution of the money so that              
folks can see a connection between their children attending school             
and this foundation money that comes from the state, so people all             
over the state, whatever their background, can experience the basic            
psychology of ownership of their schools by making a contribution              
to it.  I think we all know that we appreciate and take better care            
of anything that we make a personal investment in.  So, with those             
ideas in mind, knowing that the bill still has another committee of            
referral, that there are some questions about how to achieve the               
goal, particularly of local contribution, it's the Chair's                     
intention to move this bill forward to the next committee of                   
referral with support of my committee members ...."                            
                                                                               
Number 0457                                                                    
                                                                               
REPRESENTATIVE PORTER said, "It's my intent to vote to move this               
bill from committee.  It is my intent to indicate on the slip that             
does that in the choices that we get, that I'm a "no rec"  at this             
time because I'm fully appreciative of the fact that the bill is               
not completed; it needs adjustment in the funding allocation -- in             
some elements of the formula that will affect funding allocations.             
It's my opinion after hearing what we have heard of it, that the               
disparity in the current numbers, as compiled by DOE, is going to              
go down based on better establishment of some of these facts."                 
                                                                               
Number 0515                                                                    
                                                                               
REPRESENTATIVE PORTER made a motion to move CSSB 36(FIN)am as                  
amended from committee with individual recommendations and attached            
fiscal notes.                                                                  
                                                                               
REPRESENTATIVE KEMPLEN objected.                                               
                                                                               
CHAIRMAN BUNDE said all committee members would an opportunity to              
comment.                                                                       
                                                                               
REPRESENTATIVE KEMPLEN stated, "I do have a number of comments and             
a lot of them actually have emerged both from listening to the                 
testimony but also from careful review of a report that was                    
submitted to the Honorable Randy Phillips by David Teal, Project               
Manager of the McDowell Group, dated March 27, 1998, in response to            
a series of questions that were raised on Senate Bill 36.  And I               
think what he has to say there merits real consideration by the                
committee of issues that really belong in the purview of this                  
committee.  And I feel this committee is going to be absolving                 
itself of its responsibility by moving it on to the Finance                    
Committee.  I think that the Finance Committee is already going to             
have a lot of work that it has to do and the burden -- giving them             
the burden of producing a solution to this piece of legislation                
rightly belongs in this committee.  And one of the -- for example,             
in this report where he talks about there is a question about the              
70 percent/30 percent split, his answer is that 'the consultant                
made no recommendation on any split, that while the statewide                  
average is about 70/30, this average is weighted by a handful of               
large districts with large efficient buildings.  Most districts                
currently spend less than 70 percent on instruction and the range              
of splits is very wide from about 50/50 to about 90/10.'  So, SB 36            
now has that 70/30 split in it - it has significant implications to            
some of the small rural schools.  There needs to be a different                
methodology developed to address this issue in this proposed piece             
of legislation to allow the variety of splits that exist here in               
our wide expansive state to be shown.  And to establish just a                 
blanket 70/30 split is -- we asked the McDowell Group when he was              
presenting his testimony about whether or not it was grounded in               
any sort of analytical or quantitative measures, he did say that it            
was not and that it was kind of an arbitrary figure.  That causes              
me significant concern.  I think it's a problem that definitely                
needs to be addressed."                                                        
                                                                               
Number 0721                                                                    
                                                                               
REPRESENTATIVE KEMPLEN continued, "Another issue that also needs to            
be addressed with this piece of legislation is that again, citing              
from this report, 'The School Operating Cost Study Questions and               
Answers', in response to a question on recognizing the significant             
level of indirect funding for children in urban areas which is not             
available to rural students, and examples including museums,                   
libraries, performances and other enriching activities or                      
facilities, the consultant responds that the study does not attempt            
to measure the quality of educational services for equalized                   
quality; it measures only the instructional staff and district                 
costs required to provide a basic education.  That's all this study            
does; that's all that the consultant says that it does - is just               
provide numbers so that decision makers can look at providing a                
basic education.  And really that comes into the question of what              
is really our commitment to excellence in education across Alaska.             
Because a basic education in the rural areas is really a testimony             
for allowing mediocrity for really creating dual standards where in            
the rural areas, it's okay to have mediocrity but that in the urban            
areas, you can have a quality education.  I think this causes some             
real policy choices - it's a philosophical issue, but it's also                
definitely an equity issue that needs to be addressed."                        
                                                                               
Number 0839                                                                    
                                                                               
REPRESENTATIVE KEMPLEN further stated, "Another item that is                   
brought out in these questions and answers is that the -- in                   
response to the question of 'instructional cost differences are                
unnecessarily arbitrary.  The author should have compared their                
estimates to those found in the existing literature.'  His response            
says, 'The legislature may wish to base its appropriation for                  
education on studies of optimum class size and other measures of               
educational need.  The study reviewed actual class sizes in Alaska             
schools but did not compare them to class sizes in other states.               
The intent of this study was to derive revised allocation factors,             
not to determine an appropriate level of basic need.'  So, that                
level of basic need is really a question again of policy, it's a               
question of what the legislature is going to do in terms of                    
quality.  What type of quality are we willing to commit ourselves              
to for schools throughout the state of Alaska.  So, the -- I guess             
there's a number of different issues that have been brought up.                
The consultant, in his response to the questions that have been                
raised, has indicated that these are issues of significant import              
for decision makers, who are us, and that we really should be                  
addressing those here in this committee.  And I think for us to                
allow this piece of legislation to move out of this committee                  
without wrestling with these and deriving answers, we're really not            
fulfilling our full responsibilities as members of the HESS                    
Committee.  The Finance Committee is already going to be loaded                
down with the stranded gas bill, it's going to be loaded down with             
subsistence, we're going to give it the foundation formula - you               
know, it's just going to be loaded down with complex and in-depth              
policy issues, one after another and to load this on to them                   
without doing our preliminary work to address the issues, I think              
is just not right and I feel very uncomfortable about moving this              
out of committee in its current shape."                                        
                                                                               
Number 0979                                                                    
                                                                               
REPRESENTATIVE GREEN said, "I actually find myself in agreement                
with some of the comments of the former speaker.  I also have                  
concern about this that the person - Deborah Vogt - that talked to             
us about the taxing aspects of this that could be quite burdensome             
and also the concern that has been brought to my attention that we,            
I don't have adequately addressed, that there may be some flawed               
data that we're using in doing the tables that we've done and I                
would like to pursue that.  Albeit those two issues are both                   
finance issues and I've been one who champions that issues should              
be akin to the committees they're assigned to, if it's a finance               
issue, it should be in the Finance Committee and so on - policy                
should be here.  I just have a lot of heartburn with the project               
but I won't hold it up.  My concern is that I very likely will have            
conflicts and not be able to be at the Finance hearing when this is            
brought up and so what I intend to do then is to send my concerns              
in a memo to the Chair of the Finance Committee."                              
                                                                               
Number 1050                                                                    
                                                                               
REPRESENTATIVE BRICE commented, "I would like to thank Senator                 
Wilken for taking this on as well as the other senators.  It's a               
very difficult and very emotional issue.  I think it's unfortunate,            
but I think the fact still remains that the (indisc.) public                   
opinion is very poisoned on it - right, wrong or indifferent - it              
is.  I think that cause has given the political realm that we're               
dealing in for the next 40 days causes a great deal of difficulty              
in this body.  I think there still are a number of issues that need            
to be addressed from property valuation through optimum class                  
sizes, what do we expect to see of our educational system - urban              
and rural - that just aren't quite clearly set out in this bill.               
I will be the first to admit there needs to be change in the                   
current system and I think that some form of local contribution is             
appropriate, although technically, I think, there are some problems            
with the system that we're putting in now.  But I think that                   
unfortunately, not enough debate was on what does it take to                   
provide -- or what are our educational goals for our schools; what             
are we looking for for the children of this state as they go                   
through their educational process.  On the other hand, I don't                 
think enough discussion was brought about on what are the impacts              
that this bill has - we see numbers, we see formulas, we see ADMs              
and transition funding, how many teachers are going to leave the               
classroom because of this, what is it going to do pupil/teacher                
ratios, what's it going to do to various other aspects of                      
education.  I'm sure those issues will be continued - or will be               
brought about in future discussions.  I think that -- I hope that              
as the bill moves, some of those questions are answered, that                  
hopefully, some of the concerns that are out there can be allayed              
and that we have a product in the end that basically leaves no                 
child behind.  Thank you, Mr. Chair and I appreciate the work this             
committee has done."                                                           
                                                                               
Number 1226                                                                    
                                                                               
CHAIRMAN BUNDE was compelled to say, "While we can disagree on                 
policy issues, it's important that we recognize that there's strong            
local control in this state as far as people setting standards and             
that again, in one or another, this committee has addressed school             
foundation formula reform for two years, now."                                 
                                                                               
Number 1241                                                                    
                                                                               
REPRESENTATIVE DYSON identified himself with the remarks of                    
Representative Porter.                                                         
                                                                               
CHAIRMAN BUNDE asked for a roll call vote.  Representatives Dyson,             
Porter, Green and Bunde voted in favor of moving the bill from                 
committee.  Representatives Brice and Kemplen voted against it.                
Therefore, HCS CSSB 36(HES) moved from the House Health, Education             
and Social Services Standing Committee.                                        
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 1309                                                                    
                                                                               
CHAIRMAN BUNDE adjourned the House Health, Education and Social                
Services Committee at 10:50 p.m.                                               

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