Legislature(1993 - 1994)
02/16/1994 03:00 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
February 16, 1994
3:00 p.m.
MEMBERS PRESENT
Rep. Cynthia Toohey, Co-Chair
Rep. Con Bunde, Co-Chair
Rep. Gary Davis, Vice Chair
Rep. Pete Kott
Rep. Harley Olberg
Rep. Irene Nicholia
Rep. Tom Brice
MEMBERS ABSENT
Rep. Al Vezey
Rep. Bettye Davis (excused)
OTHER LEGISLATORS PRESENT
Rep. Richard Foster
Rep. Lyman Hoffman
Rep. Jerry Mackie
COMMITTEE CALENDAR
*HB 267: "An Act increasing elementary and secondary
instructional units for certain school districts
with 800 or fewer students in average daily
membership; and providing for an effective date."
HEARD AND HELD
*HB 339: "An Act relating to the use in public schools of
historical documents without alteration or removal
of religious or secular references when the
references are a part of the text of the document;
providing that the use of historical documents
does not constitute the advocation of partisan,
sectarian, or denominational doctrine; and
providing that public school teachers and
administrators may not be disciplined or otherwise
acted against for using historical documents;
requiring the Department of Education to
distribute copies of the law; and providing for an
effective date."
PASSED OUT OF COMMITTEE
(* First public hearing.)
WITNESS REGISTER
LARRY LABOLLE, Legislative Aid
Rep. Richard Foster
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
Phone: (907) 465-3789
Position Statement: Answered questions on HB 414
MICHAEL MURPHY, Member
Nome School Board
P.O. Box 1062
Nome, Alaska 99762
Phone: (907) 443-2043
Position Statement: Testified in support of HB 267
(Spoke via teleconference)
JUNE WARDLE, Member
Nome City Council
P.O. Box 489
Nome, Alaska 99762
Phone: (907) 443-5984
Position Statement: Testified in support of HB 267
(Spoke via teleconference)
AL WEINBERG, Chairman
Single Site School District Consortium
985 KSD Way
Chevak, Alaska 99563
Phone: (907) 858-7713
Position Statement: Testified in support of HB 267
(via teleconference from Anchorage)
RALPH TRONRUD, Vice-President
Skagway School Board
P.O. Box 523
Skagway, Alaska 99840
Phone: (907) 983-2960
Position Statement: Testified in support of HB 267
(Spoke via offnet)
DEBBIE MILLER, Member
Nome School Board
P.O. Box 1923
Nome, Alaska 99762
Phone: (907) 443-3083
Position Statement: Testified in support of HB 267
(Spoke via teleconference)
JOHN HANDELAND, Mayor
Nome, Alaska
P.O. Box 281
Nome, Alaska 99762
Phone: (907) 443-5242
Position Statement: Testified in support of HB 267
(Spoke via teleconference)
DUANE GUILEY, Director
Division of Education Finance and Support Services
Department of Education
801 W. 10th St., Suite 200
Juneau, Alaska 99801-1894
Phone: (907) 465-2891
Position statement: Answered questions pertaining to local
funding of school districts
STEVE McPHETRES, Executive Director
Alaska Association of School Administrators
326 4th St. #404
Juneau, Alaska 99801
Phone: (907) 586-9702
Position Statement: Testified in support of HB 267
WANDA COOKSEY, Representative
Single Site School District Consortium
P.O. Box 240052
Douglas, Alaska 99824-0052
Phone: (907) 586-9073
Position Statement: Testified in support of HB 267
CLAUDIA DOUGLAS, President
National Education Association/Alaska
114 Second St.
Juneau, Alaska 99801
Phone: (907) 586-3090
Position Statement: Testified in support of HB 267
CARL ROSE, Executive Director
Association of Alaska School Boards
316 W. 11th St.
Juneau, Alaska 99801
Phone: (907) 586-1083
Position Statement: Testified in support of HB 267
THOMAS TILDEN, Mayor
Dillingham, Alaska
P.O. Box 786
Dillingham, Alaska 99576
Phone: (907) 842-5257
Position Statement: Testified in support of HB 267
(present in Juneau )
SHEILA PETERSON, Special Assistant to
Commissioner Covey
Department of Education
801 10th St., Ste. 200
Juneau, Alaska 99801
Phone: (907) 465-2803
Position Statement: Answered questions on HB 339
VERNON MARSHALL, Executive Director
National Education Association/Alaska
114 Second St.
Juneau, Alaska 99801
Phone: (907) 586-3090
Position Statement: Testified in opposition to HB 339
JACK PHELPS, Legislative Aid
Rep. Pete Kott
Alaska State Legislature
State Capitol
Juneau, Alaska 99801
Phone: (907) 465-3777
Position Statement: Testified in support of HB 339
PREVIOUS ACTION
BILL: HB 267
SHORT TITLE: REVISE FOUNDATION FORMULA, SMALL SCHOOLS
BILL VERSION: SSHB 267
SPONSOR(S): REPRESENTATIVE(S) FOSTER,Mackie,Menard,Olberg,
Nicholia,B.Davis
JRN-DATE JRN-PG ACTION
03/31/93 875 (H) READ THE FIRST TIME/REFERRAL(S)
03/31/93 875 (H) HES, FINANCE
01/31/94 2204 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
01/31/94 2204 (H) HES, FINANCE
02/02/94 2230 (H) COSPONSOR(S): OLBERG,NICHOLIA,
B.DAVIS
02/16/94 (H) HES AT 03:00 PM CAPITOL 106
BILL: HB 339
SHORT TITLE: NO CENSORSHIP: AMERICAN HISTORY DOCUMENTS
SPONSOR(S): REPRESENTATIVE(S) KOTT,Sanders
JRN-DATE JRN-PG ACTION
01/03/94 2016 (H) PREFILE RELEASED
01/10/94 2016 (H) READ THE FIRST TIME/REFERRAL(S)
01/10/94 2016 (H) HES, JUDICIARY
01/12/94 2043 (H) COSPONSOR(S): SANDERS
02/16/94 (H) HES AT 03:00 PM CAPITOL 106
ACTION NARRATIVE
TAPE 94-21, SIDE A
Number 000
CHAIR TOOHEY called the meeting to order at 3:08 p.m., noted
members present and announced the calendar. She brought
HB 267 to the table for discussion.
HB 267 - REVISE FOUNDATION FORMULA, SMALL SCHOOLS
Number 053
REP. RICHARD FOSTER, Prime Sponsor of HB 267, said the bill
would increase funding for school districts that are
comprised of one funding community (single site school
districts) and an average daily membership (ADM) of 800 or
less. He stated that he had a sponsor substitute for the
bill that would change the effective date to July 1, 1994,
preventing small school districts from being paid twice. He
explained that the change in the formula that is being
proposed would not be an increase in school funding. He
stated that the funding that was provided as a grant during
the last fiscal year would be transferred to the foundation
formula, subject to the same proration as other funding.
Rep. Foster stated that the legislation was endorsed by the
Department of Education (DOE) and he had many other letters
of support.
Number 152
REP. G. DAVIS asked how the funding for single site school
districts related to the larger school districts, explaining
because the small districts are separated at this time, they
are considered to be funded separately.
Number 201
LARRY LABOLLE, Legislative Aid to Rep. Jerry Mackie, said
that funding communities assist large school districts with
additional money. He stated that single site school
districts do not have that type of funding, and HB 267 was
an equity response.
(Note: Rep. Bunde arrived at 3:12 p.m. and assumed the
position of Chairman for the remainder of the meeting.)
Number 234
CHAIR BUNDE asked Mr. LaBolle to continue with his
testimony.
Number 238
MR. LABOLLE stated that Rep. G. Davis was correct. He said
the more funding communities within a district, the greater
the number of foundation units are contributed. He added
that a single funding community or single site school only
receives the calculation one time. He said there is a
certain cost factor associated with operating. He stated
that the ability to absorb administrative costs is accrued
and that he suspected with only one funding community there
would not be enough funding for the basic administrative
costs based on instructional units.
Number 278
REP. BRICE said that it was his understanding that the
current foundation formula was written with the
understanding that the inequity exists, and it was hoped the
issue would be addressed at a later date. He asked Mr.
LaBolle to provide the history of that issue.
Number 296
MR. LABOLLE stated that he was the superintendent of Nome at
the time the foundation formula was adopted. He said that
there was something working consistently in the formula that
worked against single site school districts, but the factor
was not identified, and studies that were supposed to be
done to remedy the problem were never implemented. He
further stated that instead of finding the problem within
the formula foundation, the solution has been to grant
additional funds to single site school districts.
Number 330
CHAIR BUNDE stated for the record that Rep. Vezey arrived at
3:16 p.m. and asked for further questions. He commented
that the school budget that Governor Hickel submitted would
involve a decrease in school funding for urban schools and
that it did not fund single site schools on a supplemental.
Referring to the proportional decrease that urban schools
will incur, Chair Bunde asked Mr. LaBolle what kind of
funding would the single site school districts need.
Number 371
MR. LABOLLE responded by saying that in the past single site
school districts have been identified and given an
additional amount of funds. He felt that a mechanism must
be put into the foundation formula to address the inequity.
He further stated that they would be subject to proration
under the foundation formula.
Number 400
CHAIR BUNDE said "we all have to take our turn, and fair is
fair."
Number 405
REP. TOOHEY asked if a supplemental funding was being asked
for this year, instead of new legislation including single
site school districts in the foundation formula. She then
asked if it would be the same amount as the formula.
Number 415
MR. LABOLLE agreed and said it was the same formula used
last year to derive the supplemental that was granted. He
indicated a list of single site schools in the bill packet
that showed the total amount as identical to last year's
grant.
Number 434
CHAIR BUNDE said that testimony would be heard via
teleconference from Anchorage, Nome and Skagway.
Number 456
MICHAEL MURPHY, Member, Nome School Board, testified via
teleconference from Nome in support of HB 267. He stated
that HB 267 was not the perfect solution, but it was a good
start.
Number 479
CHAIR BUNDE asked Mr. Murphy, if education were to be cut,
would Nome be willing to be subject to proration?
Number 486
MR. MURPHY responded by saying he felt education should not
be cut. He said the district has made several cuts over the
past few years and should not be penalized again. He felt
there were districts who have made no cuts that continue to
be "rewarded."
Number 521
CHAIR BUNDE asked Mr. Murphy to tell him which districts
continue to spend and now have too much money.
Number 523
MR. MURPHY suggested that several rural education attendance
areas (REAAs) had access to more funding. He stated that
Nome has one of the lowest administration costs in the
state.
Number 545
CHAIR BUNDE thanked Mr. Murphy for being fiscally
responsible. He further stated that all areas would be
included when balancing the budget, and his intention would
be to reduce as much negative impact on education as a
whole.
Number 558
REP. TOOHEY stated that there was, indeed, inequity
regarding the relative amount of funds for single site
school districts. She asked Chair Bunde in which year the
inequity started. She was informed by a number of people
that it started in 1978. She continued on to ask Mr. Murphy
if Nome came to the legislature every year to ask for a
supplemental. She then asked, if the proposal did pass,
would Nome be willing to take a cut like everyone else?
Number 576
MR. MURPHY replied that he really would not like to take the
cut, explaining that any cut would impact the district
immensely. He felt as long as the foundation formula was
cut and the cuts were equal across the state, Nome would
have to deal with that. He challenged all other districts
to be as fiscally responsible as Nome.
Number 613
CHAIR BUNDE asked if Mr. Murphy knew the administrative cost
per student for the Nome school district, explaining that
the figure would help in comparing school districts in
regards to efficiency.
Number 622
MR. MURPHY answered that in fiscal year (FY) 1993 the budget
was for $6.9 million and the district office administration
runs at 5.8%. He said total school administration is 12.5%
of the budget. He found that of the schools that he
compared these figures to, their administrative costs ranged
between 15% and 20% of budget.
Number 642
CHAIR BUNDE said those figures reflected well on Nome.
Number 646
MR. MURPHY stated that he would be in Juneau the following
week and would give Chair Bunde a packet of information.
Number 652
JUNE WARDLE, Member, Nome City Council, testified via
teleconference from Nome in support of HB 267. She said the
legislation was not perfect, but it was a fair proposal.
She hoped the legislation would pass.
Number 668
CHAIR BUNDE continued taking testimony. He introduced Al
Weinberg.
Number 677
AL WEINBERG, Chairman, Single Site School District
Consortium, testified via teleconference from Anchorage in
support of HB 267. He stated that the current foundation
formula went into effect in FY 1987. At that time, the
legislature recognized an inequity of funding regarding
single site schools. Subsequently, a separate sum of money
was appropriated to the DOE to allocate to districts that
were suffering the inequity. In most of the years following
there have been supplemental grants allocated to those same
schools to compensate for the initial error inherent in the
foundation formula. During the past two years the formula
that was used to appropriate funds was the exact same
formula contained in HB 267. By enacting HB 267, there
would not be an increase of funding for single site school
districts, but the school districts would maintain the same
total state funding that they had been receiving.
MR. WEINBERG explained that the inequity is caused by the
"front end load" in the foundation formula. He said "two
instructional units are generated for the first ten
students, actually for up to the first ten students in a
funding community. Then it drops off dramatically after
that. So, the more funding communities you have, the more
opportunity you have to take advantage of the front end load
in the formula." He said he compared two school districts
with the exact ADM and used their projections for the next
fiscal year. Chugach school district, which is a multiple
site school district, projected 133 students and Skagway,
which is a single site, projected 135 students. He said if
the area differential was eliminated to equalize dollars
across the state, and the K-12 unit was recognized, the
single site school district would generate approximately 34%
less money than the multiple site school district. He
explained that the process was a function of the front end
load in the foundation formula as it applies to each funding
community that each district has. He further stated, if the
single site supplement was added to the foundation formula
in HB 267, multiple site school districts would still
generate 26% more funds than single site school districts.
He felt that the differential in the current formula is too
severe.
MR. WEINBERG further stated that equity would need to be
created within the formula before the Kashunamiut school
district would be willing to be subjected to proration. He
stated that if Chugach was to be prorated, the proration
would reduce funds by 2% next year. A proration for Skagway
would also mean a reduction of 2%, but if they did not get
the single site funding that they've obtained in the last
few years, they would be prorated an additional 10.5%.
MR. WEINBERG said administrative costs comparisons are
impossible to do because of the varying accounting
procedures within each district. He further stated that
indirect cost rate is an accepted measure of administrative
overhead. He said Anchorage has an indirect cost rate of
12.31%, Nome has a 11.17% cost rate, and Kashunamiut has an
indirect cost rate of 13.34%. He stated that the multiple
site districts that surround Kashunamiut have 18.39% and
16.30% indirect cost rates.
MR. WEINBERG also said that he would like to see the Single
Site School Consortium disband as a result of the passage of
HB 267.
Number 903
CHAIR BUNDE asserted that the public would like every entity
that receives state funds to justify their existence every
year. He also said the public is insisting that education
be cut, period, and specifically in the area of
administrative costs. Chair Bunde stated for the record
that Rep. Lyman Hoffman and Rep. Jerry Mackie joined the
hearing.
Number 935
RALPH TRONRUD, Vice-President, Skagway School Board,
testified via teleconference from Skagway in support of
HB 267. He said that without the money provided for in
HB 267, Skagway will face severe problems. When the
foundation formula went into place, Skagway had just shut
down the railroad, which was Skagway's largest employer. As
a result, there was a decrease in ADM and Skagway was still
undergoing numerous cuts. He said currently there are 14
teachers who provide instruction for K-12, and they were
projecting a decrease in enrollment next year from 143 down
to 135 students, which will subtract approximately $180,000
from the budget. He said if the single school site funds
are not received this year, an additional two teaching
positions would have to be dropped, along with one position
already slated to be cut. He said if there were to be
further cuts, the maintenance and custodial people and
library book reorders would have to be cut almost
completely. Also, the junior high sports programs, the
community education program, and the new pre-school program
would have to be cut.
Number 992
CHAIR BUNDE asked what would happen to the teacher/pupil
ratio if two teachers were cut.
Number 993
MR. TRONRUD answered that it would be 12 students per one
teacher.
Number 031
DEBBIE MILLER, Member, Nome School Board, testified via
teleconference from Nome in support of HB 267. She said
every year Nome has come down to Juneau to lobby for
supplemental aid for the Nome school district, and each time
Nome has proven that they have continually made cut after
cut to balance the budget. She felt there were no more cuts
to be made. She said since 1988 the expense for total
administration was 13.26% to 12.5% of budget. She said
HB 267 would be a "fix" to the supplemental issue for single
site school districts.
Number 052
CHAIR BUNDE asked what the pupil/teacher ratio is for the
Nome school district.
Number 054
MS. MILLER said it was approximately 16 pupils to one
teacher.
Number 056
JOHN HANDELAND, Mayor, Nome, Alaska, testified via
teleconference in support of HB 267. He said over the years
the city has worked diligently to contain and cut costs. He
noted that community funding was doubled last year, and this
year he was projecting that the community funds would be
more than doubled. He said HB 267 would make funds
equitable within the foundation formula, but he felt more
could be done to help single site school districts. He
referred to the "front end loading concept," and said that
something is wrong with the formula if there are ways to
manipulate it. He further stated that as many cuts as
possible have already been made.
Number 111
CHAIR BUNDE inquired as to the maximum amount that
communities can fund their districts at. He asked Mr.
Handeland how it was possible to double the mandatory
contribution.
Number 123
MAYOR HANDELAND said that Nome is obligated by law to
contribute four mils of property tax to the foundation
program. He further stated that Nome found it to be
necessary to contribute eight mils of property tax.
TAPE 94-21, SIDE B
Number 000
MAYOR HANDELAND continued by saying that the community has
recognized its obligation to support education. He felt
that Nome was doing more than their part. He said a 1% cut
to a single site school district is more than a 1% cut to
multiple school districts.
Number 062
CHAIR BUNDE acknowledged the efforts Nome has made to carry
their fair share of economic burdens. He then asked Duane
Guiley about the maximum funds a community can contribute to
a school district.
Number 092
DUANE GUILEY, Division of Education Finance and Support
Services, Department of Education, answered questions about
local funding for school districts. He stated that there is
a requirement in statute that organizes city and borough
school districts, allowing them authority by statute. They
must contribute a minimum of four mils based upon the
assessed value of real and personal property within the
district. He further explained that districts are provided
the opportunity to contribute in excess of the four mils in
an amount equal to 23% of the current year's basic need. He
stated that the current statewide contribution is 7.8 mils,
3.8 mils above minimum. He commented, indeed, Nome was
above the state average by three-tenths of one mil. He said
Nome has doubled the minimum required local contribution by
statute. Mr. Guiley said the total allowable excess across
the state totals $269 million, and local school districts
through cities and boroughs are currently contributing $208
million, allowing for an additional increase in capacity of
$61 million.
Number 138
CHAIR BUNDE clarified by saying up to 23% of the state funds
is the maximum that local communities can contribute.
Number 145
MR. GUILEY mentioned three exceptions in the state as being
the three wealthy districts which have a different limit.
Number 148
CHAIR BUNDE listed for the record those exceptions as being
North Slope Borough, Unalaska, and Valdez.
MR. GUILEY said the three districts' limit is based on 35%
of the current year's basic need plus two mils, regardless
of the value of the two mils. He explained that North Slope
reaches 35% of their budget with four-tenths of one mil
local contribution rate, hence with a 1.2 mil they reach
100% of their budget.
Number 172
STEVE MCPHETRES, Executive Director, Alaska Association of
School Administrators, testified in Juneau in support of
HB 267. He stated that before legislation for the formula
foundation was passed, it was acknowledged then that there
was an inequity within the formula that was detrimental to
single site school district funding. It was said that the
problem would be addressed before the legislation was
passed. He stated that, indeed, the legislation had passed
without being fixed and eight years later the formula is
still trying to be fixed. He felt that children of Alaska
were held hostage last year over the single site school
district issue. He said a number of single sites were being
held up for various political reasons in the legislature.
He urged that HB 267 to pass out of committee so that
students are not subject to the same situation as last year.
He said the issue must be resolved this year with the
enactment of HB 267.
Number 238
REP. MACKIE asked Mr. McPhetres if he was aware of any
school district or school district administrator that was
unaware of the existing inequity inherent in the current
foundation formula.
Number 251
MR. MCPHETRES stated that all administrators are sympathetic
to the "single site cause."
Number 257
REP. MACKIE asked if the entire education community was
supportive of HB 267.
Number 262
MR. MCPHETRES stated he could speak only for the Alaska
Association of School Administrators.
Number 267
REP. TOOHEY asked if a supplemental budget was being asked
for this year and how much the grant was for.
Number 272
REP. MACKIE answered that there was a supplemental applied
for by single site school districts, but he did not know how
much the supplemental was for.
Number 280
REP. TOOHEY said that the problem would continue if nothing
is done.
Number 284
REP. MACKIE said that the single site school districts would
continue to come to the legislature asking for a
supplemental and additional funding, whether it be in the
form of a supplemental grant or through new legislation.
Number 291
CHAIR BUNDE stated there was a HESS committee substitute
(CS) that would fund single site schools, but it would
require broad base support to pass.
Number 304
WANDA COOKSEY, Representative, Single Site School District
Consortium, testified in support of HB 267. She stated that
she could supply further history pertaining to the inequity
in the foundation formula. She urged the committee to pass
HB 267 out of committee and stated that the passage of the
bill would be in the spirit of the legislative intent of
1987 when they acknowledged the inequity. She said the
person who authored the foundation formula, Dr. Cole, came
back and studied the effect of the legislation on the 21
districts and recommended changes contained in HB 267. She
also said that passage of the proposal would end the annual
requests for supplemental funding outside of the foundation
formula.
Number 373
CLAUDIA DOUGLAS, President, National Education
Association/Alaska (NEA/AK), testified in support of HB 267.
She felt it was unfair that school districts had to come
every year and undergo extra legislative scrutiny relative
to their basic needs under a formula that should be
equitable for all school districts. She said she did not
want to experience the same political warfare as last year
in regards to the students, and felt that no district should
have to come to Juneau to "beg" for equal funding.
Number 398
CHAIR BUNDE asked her to find out from the NEA/AK what their
position would be on supporting maximum local contributions
that might make it easier to address some of the
aforementioned questions.
Number 415
CARL ROSE, Executive Director, Association of Alaska School
Boards, testified in Juneau in support of HB 267. He said
that most of the single site school districts feel like the
world has passed them by since 1987 and that they are being
treated like second class citizens. He said any increases
that have been given in the absence of a supplemental have
affected them twofold. First, single site school districts
are not receiving what they should have been receiving; and
secondly, a $1000 increase in the instructional unit does
not have a major impact.
MR. ROSE shared an example with the committee. He said
district A has 127 students in a single site school and one
superintendent/principal. School district B has 1000
students, five sites, a superintendent, an assistant
superintendent, and a principal at each site. He referred
to the purpose of administrative cost and equity and stated
that school district A would have one full time
administrator for the entire school of 127 students. School
district B would have one full time principal at each school
and a superintendent and assistant superintendent to provide
for maintenance and operations of transportation, federal
programs, curriculum, attendance, discipline, personnel, and
program support. He said clearly the quality of education
in district B would be superior to that of district A, based
on the ability to provide administrative services and
program support.
MR. ROSE stated that the inability of single site school
districts to substantiate how much funding they will receive
under the formula is devastating the small districts. He
felt all districts should be made equal. He urged the
committee to pass HB 267.
Number 534
REP. VEZEY asked why single sites schools do not consolidate
and asked if they choose to be autonomous.
Number 566
MR. ROSE responded by saying that Yukon Koyukuk is an
organized borough and an REAA. He said within the REAA
there are first class cities that provide local support
through local city council. He stated that they are
autonomous in that they are first class cities.
Number 577
REP. VEZEY asked why single site school districts do not
incorporate into larger school districts to solve the
funding problem.
Number 588
MR. ROSE said it was his understanding that in an
unorganized borough, one of the main incentives for them to
organize as a borough is obtain to potential revenues that
may be encompassed within the borough. He said that first
class cities do assess themselves and do pay a portion of
the local contribution, and therefore they want the ability
to operate their schools.
MR. ROSE said that questions have come up regarding the
opportunity that may be granted to the first class single
site schools to obtain second class city status, thereby
being included in an REAA. He said the Department of
Community and Regional Affairs (DCRA) is not in favor of
that movement, and felt that the state government wants to
organize the state instead of allowing for unorganized
boroughs.
Number 631
MR. LABOLLE said if the first class cities within
unorganized boroughs were put into second class status, the
unorganized borough would "pick them up" and they would
become three additional funding communities for the Yukon
Koyukuk School District. He said the local tax contribution
would be lost and there would be no reduction in
administration.
Number 651
REP. VEZEY indicated that the laws can be modified. He said
the economic forecast for Galena was "dreary" and further
questioned if the basic structures of such school districts
should be fostered and encouraged.
Number 671
MR. LABOLLE said the proposal was working under the
structure that the state has established.
Number 685
THOMAS TILDEN, Mayor, Dillingham, Alaska, testified in
Juneau in support of HB 267. He stated that he had one
child in junior high, one child in senior high, and another
child in third grade. He stated that presently his son is
attending school in Anchorage because the school in
Dillingham does not provide the sports programs that he
wanted. He stated that single site school districts have
been impacted in various ways. Dillingham has been forced
to let good teachers go because they cannot be tenured,
forcing the district to hire "beginning" teachers. He felt
when teacher quality goes down it affects the students
negatively. He also said that the school districts are
finding it difficult to maintain the buildings, citing an
overhang that is endangering grade school students. He said
the city of Dillingham has come forward with funds to fix
the building. He said not only are books worn and outdated,
but student morale is very low. He explained that due to
the current financial situation, there are less
opportunities to put on extracurricular activities; i.e.,
alcohol and drug awareness meetings. He further stated that
a way must be found to increase resources. He said as a
cost saving measure the administrative offices of the school
district joined offices with the school board, including
maintenance programs. Still, the school district was forced
to cut basketball, wrestling, and other extracurricular
activities. He said the citizens of Dillingham came forward
and personally funded those programs. He felt the students
in single site districts deserve an equal opportunity for a
good education.
Number 773
CHAIR BUNDE asked Mayor Tilden to clarify what was meant
when he said the school district was forced to not give
teachers tenure due to lack of funding.
Number 779
MAYOR TILDEN said that after three years teachers must be
tenured, and then they become part of the system.
Number 786
CHAIR BUNDE clarified further by saying it was because of
the uncertainty of future funding that tenure was not being
granted. He also commented that parents in Anchorage are
paying fees for their children to be involved in school
athletics.
CHAIR BUNDE closed public testimony and stated that it was
not his intention to pass the proposal out of committee, and
he cautioned that it should not be misconstrued as an
intention to kill the bill.
Number 813
REP. OLBERG said, "with respect, what... we're looking at a
bill that's got about four lines to it. What do we need
further to deliberate about the status of the bill."
CHAIR BUNDE indicated his concern with the lines in the
fiscal note.
Number 819
REP. OLBERG said they were the same as the lines in last
year's note.
Number 823
CHAIR BUNDE said the legislature may be cutting many things
and HB 267 may be one of them.
Number 823
REP. OLBERG suggested that the Finance Committee make that
decision, not the Hess Committee.
Number 830
REP. BRICE suggested that education was not going to be
funded at the $61,000 level. He felt it would be
appropriate to adjust the foundation formula in statute as
quickly as possible, explaining that if there is to be a
required proration, the single site school districts would
be prorated, but at an equitable level of foundation
formula. He urged expediency.
Number 864
REP. MACKIE stated that nine of the school districts
affected by the inequity are in his district. He stated
that the issue has been around for several years and every
year work has to be done to make single site school
districts part of the budget. He felt the issue was one of
fairness and asked committee members to put themselves in
the same position as representatives of districts with
single site school districts in them. He stated that HB 267
is fair and is supported by all facets of the education
community.
TAPE 94-22, SIDE A
Number 000
REP. MACKIE asserted there was a perception by new and old
members of the legislature who haven't been exposed to
single site school districts that think the problem is that
districts are wasting money. He said the perception is
unjustified. He said in the community of Craig, some
classes are held in the hallway or in the lunch room, which
no longer serves lunch. He said he has seen a
superintendent of a district with approximately 400 students
teaching classes. He stated that to pass HB 267 would be to
acknowledge the inequity and to ensure that the committee
would not have to hear in the following years the requests
for supplementals and grants. He reiterated that the single
site school districts are not "fat" school districts, citing
that many districts share teachers and counsellors. He
urged the committee to act quickly and pass HB 267.
Number 199
CHAIR BUNDE reiterated that it was not his intention to kill
the bill, and said he was not playing political games with
Rep. Mackie's students. He further stated that the majority
of people in Alaska do not have children in school and that
there are those who feel that education should be cut,
period.
Number 235
REP. G. DAVIS stated that HB 267 is not a funding bill. He
indicated that the legislation would include the single site
school districts into the foundation formula, which would
make them accessible to proration. He felt HB 267 would
simplify the process of the formula and would "get rid of a
headache."
Number 290
REP. TOOHEY agreed with Rep. G. Davis. She felt there was
obvious inequity that was not being addressed. She said
that by enacting HB 267, they would be on an "even playing
field" when funding cuts are made. She was surprised that
the legislature has waited seven years to fix the problem.
Number 304
REP. NICHOLIA concurred with Rep. Olberg. She felt the
committee should not grapple with finance issues. She
stated that the committee is a health, education, and social
services committee, and should review the proposal in an
educational context and leave the financial decisions to the
Finance Committee. She felt if committee members had no
problem with the wording of bill, she saw no reason to hold
it. She also stated that she has never heard anybody from
rural Alaska ask for cuts to education. She said that not
only do superintendents teach classes in addition to their
administrative duties, but also there are teachers with
three different grades with multi-subjects in the same
classroom.
Number 369
REP. MACKIE said he agreed with Rep. Davis. He said HB 267
is not a funding increase for education, it is a bill that
creates equity. He also felt that HB 267 should be passed
out of committee so that the Finance Committee could handle
the financial issues.
Number 422
CHAIR BUNDE clarified that he did not favor cutting
education. He specified that it was a large number of
citizens who want the cuts, and he was just giving a voice
to those positions.
CHAIR BUNDE brought HB 339 to the table.
HB 339 - NO CENSORSHIP: AMERICAN HISTORY DOCUMENT
Number 448
REP. PETE KOTT, Prime Sponsor of HB 339, stated that in
current statute there is a section that would allow public
funding to be withheld from a school or teacher that
advocates a "partisan, sectarian, or denominational
doctrine" during school hours. He said a copy of the
statute (AS 14. 03.090) was included in the committee bill
packets. He felt that the statute had a detrimental effect
on the teacher's willingness to supply students with primary
source material from the earliest days of our country, which
contain explicit religious language.
REP. KOTT stated that HB 339 would add a new section to the
statute which would say that the use of a historical
document cannot be construed to be the advocation of a
"partisan, sectarian, or denominational doctrine." He said
that the proposal would allow teachers to feel free to
supply students with primary source material without fear of
jeopardizing their school's funding.
REP. KOTT explained that the proposal applies equally to
Alaskan history and referred to the prayers from the opening
days of Alaska's constitutional convention. He said the
legislation also applies to Native groups, whose history
cannot be separated from their religion and culture. He
felt the proposal would also encourage the use of primary
source material in the teaching of history.
REP. KOTT stressed the importance of HB 339 by stating that
the prevailing concern over church-state separation has led
to a situation where source documents which were commonly
included in textbooks are now routinely left out. In some
cases they still appear, but religious references are
deleted. He felt that, as a result, many students receive
an entirely erroneous understanding of the thought and mood
of the 17th and 18th century.
REP. KOTT offered an example. He said until recently high
school history textbooks included discussions of the Great
Awakening because it was a time of important social change
in our country. Often, the texts would include Jonathan
Edwards' famous sermon, "Sinners in the hands of an Angry
God." He said the sermon typified the preaching of the era
and knowledge of it helps a student to better understand the
period and the debates that occurred in it. He indicated
that the textbook, "Triumph of the American Nation,"
dismisses the Great Awakening with a single brief paragraph.
REP. KOTT said HB 339 does not require the use of Edwards'
sermon or any other document in Alaska public schools. He
said the proposal would ensure that a teacher would not be
penalized for acquainting a student with such documents.
REP. KOTT indicated that a copy of the Mayflower Compact was
in members' bill packets and he could not acquire a copy of
the document from any history book that is used for
instruction in the state of Alaska. He also said that legal
services said the proposal would not violate the
constitution.
Number 653
CHAIR BUNDE asked if Rep. Kott knew of any Alaskan teacher
that has been prevented from using certain documents, or if
the proposal was addressing past problems and potential
future problems.
Number 667
REP. KOTT agreed that HB 339 was addressing past problems
and would preempt future problems. He further stated that
the Pledge of Allegiance may face future threat.
Number 685
CHAIR BUNDE asked if the legislation here in Alaska would
affect those who write the history textbooks.
Number 697
REP. KOTT was not sure how particular texts are chosen for a
curriculum. He also suggested that perhaps teachers were
providing some of the unavailable text at their own expense.
Number 725
REP. TOOHEY felt it was important to know the position of
the Department of Education (DOE) before any action is taken
on the proposed legislation.
Number 730
SHEILA PETERSON, Special Assistant to Commissioner Covey,
Department of Education, stated that the DOE has not
formally taken a position on HB 339. She said that concerns
were expressed as to whether it is necessary to have this in
statute. She also stated that by listing documents that are
thought to be censored, a document that may be desired may
have been inadvertently left off the list.
Number 751
REP. TOOHEY asked if the committee could put some pressure
on DOE to take a position.
Number 757
MS. PETERSON said that she could relay the concern to
Commissioner Covey.
Number 764
REP. BRICE asked if there were specific textbooks available
that have religiously specific language in them. He asked
if there were a specific set of textbooks being disallowed
due to state statute.
Number 782
REP. KOTT said he was unsure. He said what he felt was
being restricted was the opportunity to "dig in" to the
documents into detail. He referred to George Washington's
Farewell Address and stated that some teachers may be
hesitant to use the document in fear of losing funding.
Number 817
REP. BRICE said he was not sure that the constraints for the
university system were the same as those for K-12.
Number 837
VERNON MARSHALL, Executive Director, National Education
Association/Alaska, stated that the NEA/AK did not have a
prepared statement on HB 339, but urged the committee to
oppose the legislation. He stated that he was unaware of
any teacher having to omit historical information or text
from any historical material. He said he did support the
concept of separation of church and state. He further
stated that America is a nation of many religious
backgrounds, but he felt that under the principle of
academic freedom the documents would be considered literary
history and not an opportunity to promote religion.
MR. MARSHALL referred to page 2, line 12, of the proposal
and said he did not understand the definition of "organic
documents" of the American colonies. He further indicated
that page 2, line 3, allows that an "historical document
used as a part of the public school curriculum may be used
in whole or in part, but may not be altered to remove
religious or secular references, when the religious or
secular references are part of the text of the historical
document." He inquired as to the definition of historical
document. He also said page 2, line 9, indicates that a
teacher may not be disciplined for using such a document.
He felt the proposal was broad.
Number 953
REP. VEZEY read the meaning of organic from a dictionary:
designating or pertaining to the fundamental laws and
principles of a government or organization.
Number 959
CHAIR BUNDE referred to the Organic Acts as establishing
many governments and states.
CHAIR BUNDE then took a brief at-ease at 4:53 p.m.
CHAIR BUNDE reconvened at 4:55 p.m. and read the calendar
for the following day.
Number 001
JACK PHELPS, Legislative Aid to Rep. Pete Kott, said the
essential paragraph in the proposal was page 2, line 6, and
said the mere use of document cannot be construed as
advocating a religious position. He said nothing in HB 399
prevents a district from identifying a teacher who is using
the document as a platform to advocate sectarian or
religious beliefs.
Number 031
CHAIR BUNDE deferred to the pleasure of the committee.
Number 039
REP. VEZEY made a motion to pass HB 339 out of committee
with individual recommendations.
Number 043
REP. TOOHEY objected and said she would like to hear from
the DOE before the proposal is passed out of committee. She
felt if there was not a necessity for the legislation then
it should not be passed out.
Number 053
CHAIR BUNDE called for the roll. Representatives Bunde,
Gary Davis, Vezey, Kott, Brice voted yea, and Rep. Toohey
voted nay. Chair Bunde stated that HB 339 passed out of
committee with individual recommendations.
Seeing no further business before the committee, CHAIR BUNDE
ADJOURNED the meeting at 5:00 p.m.
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