Legislature(2023 - 2024)ANCH LIO DENALI Rm
11/06/2023 10:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Tribal Compacting | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
Anchorage, Alaska
November 6, 2023
10:04 a.m.
MEMBERS PRESENT
Representative CJ McCormick, Chair
Representative Ben Carpenter (via teleconference)
Representative Sarah Vance (via teleconference)
Representative Jamie Allard (via teleconference)
Representative Maxine Dibert (via teleconference)
Representative Jennie Armstrong (via teleconference)
MEMBERS ABSENT
Representative Josiah Patkotak
OTHER LEGISLATORS PRESENT
Representative Edgmon (via teleconference)
Representative Josephson
Representative Mears
Representative Himschoot (via teleconference)
COMMITTEE CALENDAR
PRESENTATION: TRIBAL COMPACTING
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JOEL ISAAK, Director
Tribal Affairs
Department of Education and Early Development
Kenai, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation, titled
"State Tribal Education Compact."
DEENA BISHOP, Commissioner
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the presentation
on Tribal compacting.
ACTION NARRATIVE
10:04:35 AM
CHAIR CJ MCCORMICK called the House Special Committee on Tribal
Affairs meeting to order at 10:04 a.m. Representatives Dibert,
Allard, Vance, Carpenter, Armstrong, and McCormick were present
at the call to order.
^PRESENTATION: Tribal Compacting
PRESENTATION: Tribal Compacting
10:05:43 AM
CHAIR MCCORMICK announced that the only order of business would
be a presentation on education Tribal compacting.
10:07:02 AM
JOEL ISAAK, Director, Tribal Affairs, Department of Education
and Early Development (DEED), provided a PowerPoint
presentation, titled "State Tribal Education Compact Update,"
[hard copy included in the committee packet]. He began on slide
2, which related DEED's mission, vision and purpose. He stated
that the presentation would address how Tribal compacting would
meet this mission. He pointed out that compacting is a
mechanism of joining Tribes with the state to carry out
education.
MR. ISAAK moved to slide 3, which addressed Alaska's Education
Challenge. The challenge represents the Board of Education's
strategic priorities for DEED. He pointed out the five
priorities listed on the slide, stating that compacting is often
anchored in priority number three and priority number five. He
stated that priority three would close the achievement gap by
ensuring equitable educational rigor and resources, while
priority five would improve the safety and well-being of
students through school partnerships with families, communities,
and tribes.
10:11:11 AM
MR. ISAAK continued to slide 4, which laid out the [Tribal
education compacting] agenda per Senate Bill 34 [passed during
the Thirty-Second Alaska State Legislature]. He moved to slide
5 and stated that the presentation would review the legislative
progress and various state resources. He moved to slide 5 and
stated that Senate Bill 34 began the demonstration phase for
compacting. Next in the process will be initiating a pilot
program for actively operating a school using compacting. He
pointed out that the laws needed for this are currently being
decided. He noted that slide 4 displayed the five topics that
the bill laid out for this work. He stated that this work would
culminate in a legislative report, which is due by the end of
January 24, 2024.
MR. ISAAK moved to slides 6 and explained that compacting is a
government-to-government agreement, so this involves the state
and Tribal governments forming a shared agreement to carry out
education for public and Tribal citizens. He pointed out that
the Indian Self Determination and Education Assistance Act
(ISDEAA) grants this compacting. He moved to slide 7 and noted
that the Indian Health Services (IHS) is a form of compacting
supported through the federal government, while the Child
Welfare Service is a state-Tribal compact. He stated that these
both have block funding, while education compacting would not.
MR. ISAAK continued to slide 8 and explained that compacting in
education would be adding Tribes as partners with the state in
the state education system. He summarized this, stating that
the role of the Tribes would be educating students in the
classroom, while the state's role would be funding and
establishing the system. He moved to slide 9 and slide 10,
explaining the process of Tribe selection. He listed the six
criteria needed by a Tribe, and this includes a clear vision in
the understanding of what is necessary in carrying out
educational services.
10:23:12 AM
MR. ISAAK, in response to a committee question concerning the
difference between educational compacting and a charter school,
stated that charter schools do not have the local governance
like Tribes would have with compacting. He added that charter
schools would be under the local school district, and the Tribal
schools would not have this intermediary. Other differences
concern teacher certification, staff employment, and curriculum.
He responded that compacting would be similar to a school
district, but not duplicative, as a Tribe is a government while
a school district is not. In response to a follow-up question,
he stated that educational compacting would be more like a
single site school district. He added that there would be the
ability for Tribes to work together if they so choose.
10:29:29 AM
DEENA BISHOP, PhD, Commissioner, Department of Education and
Early Development, in response to a committee question, stated
that she has read HB 165 concerning charter schools. In
response to a follow-up question, she stated that compacting is
transformational, as the responsibility for the education would
reside with the Tribe. She stated that there have been some
ideas concerning changes in statute to allow more flexibility
[for school choice]. She suggested that this flexibility could
transform the education system in the state. She suggested that
the work on compacting could provide an opportunity for more
choice in education.
MR. ISAAK, in response to a committee question, stated that each
agreement would be between an individual Tribe and the state.
He added that currently a "master agreement" is being created,
with each Tribe having their own curriculum selection and other
flexibilities, while meeting the statutory requirements created
by the legislature. He noted that the Tribes would not be
required to bank together but could do so on a voluntary basis.
In response to a follow-up question, he confirmed that each
Tribe would be able to adjust its curriculum to meet the needs
of its students and the individual cultures.
10:34:47 AM
MR. ISAAK continued to slide 11 and listed the five Tribes that
have currently been chosen for compacting, as follows: the
Central Council Tlingit and Haida Tribes of Alaska, Inupiat
Community of the Arctic Slope, Ketchikan Indian Community, King
Island Native Community and the Village of Solomon, and the Knik
Tribe. He further discussed the mission of each of these
Tribes, as seen on slide 12 through slide 16. He stated that
the application for each of these Tribes can be found on DEED's
website.
MR. ISAAK moved to slide 17 and gave an overview of the timeline
for the negotiation schedule. He noted the agenda dates, as
seen on the slide. He moved to slide 18 and gave an overview of
the district and teacher's union consultation schedule. He
noted the agenda dates, as seen on the slide. He stated that
the idea would be to transform the existing system, not
duplicating it. He discussed the importance of partnerships in
setting up the compacting. He added that setting up Tribes like
school districts would allow partnerships to exist more easily
with school districts, and this would allow for a more efficient
use of funds as well. He explained that because Tribes are
governments, they are more flexible, allowing more
opportunities, such as paying for specialty teacher training.
10:43:38 AM
MR. ISAAK, in response to a committee question, answered that
these schools would be public schools open to all students, not
just Tribal members. He noted that culture is a key piece to
Tribal mission statements, as seen on the previous slides. He
added that children would not be required to go to these
schools. In response to a follow-up question concerning
competition among schools, he stated that there have been
conversations about cooperating with such things as
transportation and administrative services, as the Tribal
schools would share with these expenses. He also mentioned the
resources for special education as an example. This is a
federally mandated program, he said, so a partnership between
school districts and Tribal schools would allow the pooling of
resources to better meet the needs of the students. He pointed
out that this could also work by sharing buildings. He stated
that some may use the word "competitive" or the term "school
choice," but the point is to give more options to students.
MR. ISAAK, in response to a committee question concerning the
application process for Tribes, reiterated that DEED put out a
grant application process. He referred back to slide 9 and
slide 10 and discussed the criteria used to select the Tribes.
He remarked that DEED has recognized this as a core piece of the
Alaska Education Challenge, and DEED is providing the funds
necessary to do this work. He pointed out that each of the five
Tribes selected have been awarded a grant.
MR. ISAAK, in response to a committee question, stated that five
Tribes chose to apply out of the 229 in the state, and each had
strong applications. He stated that DEED was required to choose
up to five applicants, and all five of these Tribes qualified.
[It was acknowledged by the committee that charter schools are
public schools as well.]
10:55:46 AM
MR. ISAAK continued to slide 19 and gave a brief overview of the
report drafting timeline. He noted that there would be a public
comment period, and at this time the Tribes would be consulted
with any amendments. After this the final report would go to
DEED. He noted the dates on the timeline, a seen on the slide.
He stated that the full comprehensive report is almost
finalized. He reiterated that the public has been given
multiple opportunities to make comments.
MR. ISAAK moved to slide 20 and gave a summary of the
information that would be included in the legislative report.
He reiterated DEED's educational challenge, which includes the
word "transforming." He stated that transformation would enable
Tribes to carry out this ownership of education using the
current system. He stated that the concept of transformation,
along with what's best for students, has been guiding the
process. On slide 21, he noted the current version of the
legislative report's table of contents. He noted that the
legislative report is subject to change because it is under
active negotiation. He highlighted each of the five sections of
the report. He suggested that reading the conclusion of the
report first would help understand its goal. Considering
transformation on slide 22, he addressed institutional change.
11:04:41 AM
MR. ISAAK moved from slide 23 to slide 32 and reviewed each of
the five sections of the report in detail. On slide 23, titled
"Report Section 2: STEC Agreement Outline," he pointed out some
of the pieces that would be in the compact. He noted that there
are also subsections not listed under "School Operations," as
this is only a snapshot of the progress of the report.
MS. BISHOP noted that the titles and content listed on the slide
come directly from statute.
MR. ISAAK moved to slide 24, which continued from slide 23
reviewing the agreement outline. He noted that this process
would be the same for charter schools and Regional Educational
Attendance Areas (REAAs), as it would follow the same statutes.
He moved to slide 25 and slide 26 and continued with the outline
of the agreement.
MR. ISAAK moved to slide 27 and slide 28, titled "Report Section
3: Statutory Framework Topics." He stated that these are the
topics for consideration for future legislation. He noted that
"STEC" stands for "state-Tribal education compacts." He moved
from slide 29 through slide 31, titled "Report Section 4:
Findings." He reiterated that the report is in a draft format,
so the final would be slightly different. By addressing the
topic of assessment, he pointed out the outline of how internal
tracking would be done, as this would lead to a proposal. He
stated that these slides are showing snapshots of the process
with the documents that have been passed between DEED and the
Tribes.
MR. ISAAK moved to slide 32, titled "Report Section 5:
Conclusion." He noted that this would be the review of the
pilot that is being worked towards. He reiterated that the goal
of the report is to demonstrate how a pilot would add
transformation and action for educational compacting.
Concerning this, he reviewed the premise, mechanism, operation,
accountability, and evaluation of the pilot. He summarized that
transformation for compacting would look at the funding
mechanism going directly from the state to the Tribe, the local
Tribal governance, and the teacher training. He added that this
training would reflect the Tribes' missions, as seen earlier in
the presentation.
11:22:11 AM
MR. ISAAK, in response to a committee question concerning the
funding mechanism, stated that Tribes do not currently have
taxing authority, as REAAs do not have this either. He stated
that local contributions, such as a match with property taxes,
would not be required for STEC because the Tribes do not have
the taxing authority. He expressed the understanding that STEC
funding sources would be from the state and federal governments,
mirroring REAA funding. He added that local boroughs could also
contribute funding to STEC schools, but they are not required
to.
MS. BISHOP stated that if a local government were to contribute
to STEC funding, it would negotiate this with the Tribal
government.
MR. ISAAK, in response to a follow-up question concerning why a
school district would offer funding to a STEC school, reiterated
that local boroughs would not be required to give "a donation"
to a STEC school. He continued that school districts would not
be required to give their local contribution dollars to a STEC
school.
MS. BISHOP, in response to a follow-up question concerning the
local school enrollment count going down because of STEC school
choice, discussed opportunity costs, as STEC schools would
provide a choice.
11:32:50 AM
MR. ISAAK, in response to a committee question concerning the
federal funding from the Bureau of Indian Affairs (BIA), stated
that there is a legal block in Alaska that stops Tribes from
receiving BIA funding for day-to-day school operations. He
added that the block is federal and can only be changed by the
U.S. Congress. In response to a follow-up question, he further
explained why this funding is blocked in Alaska.
11:38:11 AM
MR. ISAAK moved to slide 33 and commented on the resources which
could help committee members understand Senate Bill 34. He
noted that the slide shows a screen shot of the link on DEED's
website, and he explained how to navigate it. He noted that
slide 34 provides a link to purview the work the Cook Inlet
Tribal Council has done on Tribal compacting in schools. He
expressed the importance of understanding where DEED and the
Tribes are coming from. He stated that compacting started with
the recognition that there needs to be systemic change to
increase the opportunity for student success. He stated that
compacting would be an additive approach by bringing partners
together, especially for those who are not currently part of the
process. He reiterated that this is capable because Tribes have
there own governments. He concluded that compacting is not
meant to be punitive by taking away something from other people.
11:43:17 AM
MR. ISAAK, in response to a committee question concerning Tribal
responsibility, stated that he is referring to the governmental
obligation Tribes have to their citizens. Concerning the
funding, he stated that this topic will need to be further
investigated. In order to answer this question, he said he
would need to have case law for references.
11:46:46 AM
MR. ISAAK, in conclusion, showed the video from the Cook Inlet
Tribal Council, titled "Our Future Ancestors: A Story of
Education in Alaska."
MR. ISAAK commented on the video, which addressed why Tribal
compacting is needed. He thanked the educators in the state and
the legislators. He pointed out the contact information on
slide 35 and slide 36.
12:01:49 PM
CHAIR MCCORMICK thanked the presenters.
REPRESENTATIVE DIBERT made closing comments in support of Tribal
compacting.
CHAIR MCCORMICK made closing comments in support of Tribal
compacting.
12:06:07 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
12:06 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2023.11.06 HTRB DEED Tribal Compacting Presentation.pdf |
HTRB 11/6/2023 10:00:00 AM |
DEED Tribal Compacting Presentation |