Legislature(2023 - 2024)DAVIS 106
02/12/2024 03:30 PM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): State-tribal Education Compact Schools | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
February 12, 2024
3:31 p.m.
MEMBERS PRESENT
Representative CJ McCormick, Chair
Representative Ben Carpenter
Representative Sarah Vance
Representative Thomas Baker
Representative Jamie Allard
Representative Maxine Dibert
MEMBERS ABSENT
Representative Ashley Carrick
COMMITTEE CALENDAR
PRESENTATION(S): STATE-TRIBAL EDUCATION COMPACT SCHOOLS
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JOEL ISAAK, Deputy Commissioner
Office of the Commissioner
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation, titled
"State Tribal Education Compact Update."
ACTION NARRATIVE
3:31:38 PM
CHAIR CJ MCCORMICK called the House Special Committee on Tribal
Affairs meeting to order at 3:31 p.m. Representatives
Carpenter, Vance, Baker, Dibert and McCormick were present at
the call to order. Representative Allard arrived as the meeting
was in progress.
^PRESENTATION(S): STATE-TRIBAL EDUCATION COMPACT SCHOOLS
PRESENTATION(S): STATE-TRIBAL EDUCATION COMPACT SCHOOLS
3:32:21 PM
CHAIR MCCORMICK announced that the only order of business would
be the State-Tribal Education Compact Schools presentation.
3:33:03 PM
JOEL ISAAK, Deputy Commissioner, Office of the Commissioner,
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, titled "Mission, Vision, And Purpose," which read as
follows [original punctuation provided]:
Mission
An excellent education for every student every day.
Vision
All students will succeed in their education and work,
shape worthwhile and satisfying lives for themselves,
exemplify the best values of society, and be effective
in improving the character and quality of the world
about them. - Alaska Statute 14.03.015
Purpose
DEED exists to provide information, resources, and
leadership to support an excellent education for every
student every day.
3:34:36 PM
DEPUTY COMMISSIONER ISAAK moved to slide 3, titled "Strategic
Priorities: Alaska's Education Challenge," which read as follows
[original punctuation provided]:
Five Shared Priorities:
1. Support all students to read at grade level by the
end of third grade.
2. Increase career, technical, and culturally relevant
education to meet student and workforce needs.
3. Close the achievement gap by ensuring equitable
educational rigor and resources.
4. Prepare, attract, and retain effective education
professionals.
5. Improve the safety and well-being of students
through school partnerships with families,
communities, and tribes.
DEPUTY COMMISSIONER ISAAK said that Alaska's Education Challenge
created the guiding priorities for the department. Tribal
education compacting aligns with all five priorities.
DEPUTY COMMISSIONER ISAAK briefly discussed the outline of the
presentation on slide 4, titled "Agenda," which read as follows
[original punctuation provided]:
Senate Bill (SB) 34
• Timeline
Legislative Report Overview
• Findings
• State Tribal Education Compact (STEC) Agreement
Outline
• Transformation in Action: Statutory Framework
• Conclusion
• Alaska Federation of Natives (AFN) Resources
• Cook Inlet Tribal Council (CITC) Resources
3:35:59 PM
DEPUTY COMMISSIONER ISAAK moved to slide 5, titled "Senate Bill
34," which read as follows [original punctuation provided]:
• State Tribe Negotiation
• State Board
• District Consultation
• Teacher Union Consultation
• Report to the Legislature
DEPUTY COMMISSIONER ISAAK said that Senate Bill 34 [passed
during the Thirty-Second Alaska State Legislature] was signed
into law and outlined a process for education compacting.
3:36:26 PM
DEPUTY COMMISSIONER ISAAK moved to slide 6, titled "SB 34:
Compacting in Education," which read as follows [original
punctuation provided]:
What is Compacting?
• Government to Government Agreement
• Tribes as Political Subdivision
• Self-Determination
• Indian Self Determination and Education
Assistance Act
3:37:15 PM
DEPUTY COMMISSIONER ISAAK moved to slide 7, titled "SB 34:
Compacting in Education," which read as follows [original
punctuation provided]:
How is compacting different in Education than Indian
Health Service Federal-Tribal or Child Welfare Service
State-Tribal Compact?
Whole System Approach, Not Selected Services
Funding Mechanism as a Formula, Not a Block of Funding
DEPUTY COMMISSIONER ISAAK said that both the Indian Health
Service and the Child Welfare Service Compact function as a
negotiation of services. There tends to be a large block of
funding that can be spent in different ways. Education involves
a foundation formula with district cost factors.
3:38:53 PM
REPRESENTATIVE ALLARD noted that she is in favor of compacting.
3:39:44 PM
DEPUTY COMMISSIONER ISAAK moved to slide 8, titled "Compacting
in Education," which read as follows [original punctuation
provided]:
What does compacting look like in education?
State Role:
Funding
Accountable to the Legislature
Due process
State Board
Tribe Role:
Operation of STEC schools
Employing Staff
Curriculum
Local Governance
Training Staff
DEPUTY COMMISSIONER ISAAK said that compacting is a partnership.
The state role, under the State Board of Education, is
accountable to the legislature and involves due process and
funding. The tribal role involves the operation of State Tribal
Education Compact (STEC) schools through local governance,
employing and training staff, and creating curriculum.
3:40:41 PM
DEPUTY COMMISSIONER ISAAK moved to slide 9, titled "SB 34:
Tribal Partners; Request for Applications Selection Criteria,"
which read as follows [original punctuation provided]:
Centering Tribal Voice
Tribal Community and Tribal Administrative Support
Transformational Design
Demonstrates Capacity to Carry out the Work
DEPUTY COMMISSIONER ISAAK described the headers for the rubric
that the board used to evaluate tribal partners for receiving
grant funds.
3:41:19 PM
DEPUTY COMMISSIONER ISAAK showed slide 10, titled "SB 34: Tribal
Partners; Request for Applications Selection Criteria," which
read as follows [original punctuation provided]:
Presents strong expertise and understanding of what is
necessary to carry out educational services within the
Prekindergarten-12 arena, including:
1. Program design
2. Leaderships/governance
3. Administration
Diverse Representation Priority
1. Geographic diversity
2. Methodology
3. School size
4. Community size
DEPUTY COMMISSIONER ISAAK discussed that a negotiation is
underway to create a legislative report to determine what is
necessary to enact to make compacting a reality.
3:42:28 PM
DEPUTY COMMISSIONER ISAAK moved to slide 11, titled "SB 34:
Tribal Partners," which listed five tribal partnerships,
including Inupiat Community of the Arctic Slope, Central Council
Tlingit and Haida, Ketchikan Indian Community, Knik Tribe, and
King Island Native Community, which offer representation of
tribes throughout the state.
3:42:58 PM
DEPUTY COMMISSIONER ISAAK moved to slide 12, titled "SB 34:
Tribal Partners; Mission Central Council Tlingit & Haida Tribes
of Alaska," which read as follows [original punctuation
provided]:
Tlingit & Haida seeks to protect and further the
Lingít language and way of life through a
comprehensive Early Education program that
incorporates the Tribe's Lingít immersion language
nest Haa Yoo X'atángi Kúdi (HYXK), Little Eagles and
Ravens Nest (LEARN), and the Tribe's Juneau Head Start
Program. The mission for the proposed Early Education
program is to provide integrated language and culture
education to tribal children of all ages so that they
may carry forward their heritage in their lives and
for future generations.
DEPUTY COMMISSIONER ISAAK noted a key focus on language and
culture in each of the mission statements from the five tribal
partners.
3:43:25 PM
DEPUTY COMMISSIONER ISAAK moved to slide 13, titled "SB 34:
Tribal Partners; Mission Inupiat Community of the Arctic Slope,"
which read as follows [original punctuation provided]:
To provide access to quality education based in the
Inupiaq language and culture that prepares students to
lead, thrive, and influence their local communities,
the North Slope and broader society.
3:43:43 PM
DEPUTY COMMISSIONER ISAAK moved to slide 14, titled "SB 34:
Tribal Partners; Mission Ketchikan Indian Community," which read
as follows [original punctuation provided]:
We empower, enhance, and inspire our children's
academic success, while honoring our cultural heritage
and traditions.
3:43:56 PM
DEPUTY COMMISSIONER ISAAK moved to slide 15, titled "SB 34:
Tribal Partners; Mission King Island Native Community," which
read as follows [original punctuation provided]:
Revive and restore our Inuit language and culture for
the strength of our people.
King Island Native Community Mission Statement:
Ugiuva?miut shall encourage positive change while
preserving our cultural heritage, language, and values
for future generations with perseverance and self-
governance.
Village of Solomon Mission Statement:
To increase cultural awareness and promote the
wellbeing of our tribal members while protecting our
environment.
3:44:22 PM
DEPUTY COMMISSIONER ISAAK moved to slide 16, titled "SB 34:
Tribal Partners; Knik Tribe," which read as follows [original
punctuation provided]:
Our children and youth receive a world-class education
through exceptional Alaska Native culture and values-
based learning opportunities preparing them for
success in their future endeavors.
Tribal Mission Statement:
To promote successful self-determination and cultural
awareness for our members our community through better
living conditions, education, wellness, and hard work.
DEPUTY COMMISSIONER ISAAK noted that all mission statements and
further information about the tribes can be found on the
department's website.
3:44:45 PM
DEPUTY COMMISSIONER ISAAK moved to slide 17, titled "Timeline
Negotiation Schedule," which read as follows [original
punctuation provided]:
• April 28 *Virtual Kick off Zoom
• May 1
• June 23
• August 2
• September 12
• October 13
• November 17
• December 5
DEPUTY COMMISSIONER ISAAK mentioned that tribal partners were
selected in March 2022. Over the course of these meetings,
negotiations took place to determine what was needed for
education compacting.
3:46:08 PM
DEPUTY COMMISSIONER ISAAK moved to slide 18, titled "Timeline
District and Teacher Union Consultation Schedule," which read as
follows [original punctuation provided]:
October 6 and 9 DEED District Superintendent and
Business Manager Meetings
October - November Tribal Partner DEED School
Districts
November Tribal Partner DEED National Education
Association Alaska
*November 10 Association of Alaska School Boards
Conference
*December 6 Alaska Association of School Business
Officials
DEPUTY COMMISSIONER ISAAK emphasized that leaving behind the
traditional way of running a school wasn't the department's aim.
He said the consultation process sought to determine how new
tribally compacted schools can work together with existing
schools.
3:47:22 PM
REPRESENTATIVE CARPENTER asked if the tribal compact schools
fall into an existing school district.
DEPUTY COMMISSIONER ISAAK said the model is a new type of school
district that allows funding to flow the same way it does to
other school districts. The reporting structure and financial
audits are the same under the state board. This allows for
tribal sovereignty to have its role in education, while still
being a public school.
REPRESENTATIVE ALLARD asked if rural communities have more of a
say through the tribal compact process. She asked if immersion
schools will be involved and made note of endangered Native
languages.
3:49:49 PM
DEPUTY COMMISSIONER ISAAK responded that the mission statements
show that language is a driving force behind self-governance.
Immersion programs are looking at younger grade levels to begin
immersion. He noted the many benefits of being multilingual in
terms of cognitive development. He said STEC school would be
public with open enrollment. Immersion opportunities would
depend on the capacity of the language in the area. The aim is
for a locally controlled tailored opportunity like Hawaiian
immersion programs.
REPRESENTATIVE ALLARD asked about state oversight.
DEPUTY COMMISSIONER ISAAK referred to the report which outlines
what jurisdiction the state has concerning tribally compacting
schools.
REPRESENTATIVE ALLARD asked if education tribal compacting is
constitutional.
DEPUTY COMMISSIONER ISAAK said the tribally compacted schools
need to abide by constitutional rules. He noted that financial
audits, federal and state assessment requirements, and due
process hearings are in the compact agreement. Compacted
schools can make reports to the legislature with a tribal voice.
REPRESENTATIVE ALLARD thanked Deputy Commissioner Isaak.
REPRESENTATIVE VANCE expressed how impressed she was. She
referred to slide 10 and asked if "leadership and governance"
referred to the school board.
3:56:09 PM
DEPUTY COMMISSIONER ISAAK answered that grant application
criteria require governance and leadership and in the case of
education tribal compacting, the tribe would have an education
committee to fulfill the governance piece and utilize school
leadership through principals, superintendents, and teachers to
fulfill the leadership piece.
REPRESENTATIVE VANCE asked about the five tribes that are
participating.
DEPUTY COMMISSIONER ISAAK said there was a request from the
legislature to provide a pilot program for up to five tribes.
He noted that the King Island Native Community and Village of
Solomon joined forces to create a partnership.
REPRESENTATIVE VANCE asked about the tribal district and whether
the state would fund through the formula. She also asked
whether the tribal districts could utilize federal funding.
3:58:59 PM
DEPUTY COMMISSIONER ISAAK answered that through the foundation
formula, pilot programs would be funded like a Regional
Education Attendance Area (REAA), and therefore not be required
to provide a local contribution. If a Tribe chose to utilize
other funding for a school, it would be treated as a donation.
Tribes in Alaska are not allowed, per the "Steven's Rider," to
use U.S. Bureau of Indian Affairs (BIA) dollars for Bureau of
Indian Education funding. There is not a pot of Native money
that can be used for public schools. He noted that Washington
State has BIA funding, local funding, and state funding.
4:00:54 PM
REPRESENTATIVE VANCE said there may need to be a solution to
funding source issues.
REPRESENTATIVE CARPENTER reiterated that if tribal compact
schools receive money from other entities, it would be
considered a donation. He asked what types of organizations
would possibly donate.
DEPUTY COMMISSIONER ISAAK responded that corporate entities,
like oil companies, mines, regional corporations, nonprofits,
and other groups may provide donations. The ANCSA village
corporation donates to public schools and would be allowed to
donate to TCPSs, as well.
REPRESENTATIVE CARPENTER asked if nonprofit organizations
receiving state funds could contribute to TCPSs.
DEPUTY COMMISSIONER ISAAK answered that use of funding is
determined on a case-by-case basis. He noted that if a state-
funded nonprofit is currently donating to a public school, then
it would be able to donate to a TCPS because they are set up in
the same manner as a regular school district. He said there are
two areas of tax law that are noted in the report that describe
eligible donations.
REPRESENATIVE BAKER exemplified the Northwest Arctic Native
Association (NANA) Regional Corporation that funded kindergarten
in Kotzebue and a youth leadership program funded by the company
that runs Red Dog Mine.
4:05:01 PM
DEPUTY COMMISSIONER ISAAK returned to the PowerPoint, to slide
19, titled "Transforming Education: To Inspire Tribal and
Community Ownership of Educational Excellence," and said that
there is a comprehensive transformational approach to a student-
focused education program.
4:06:05 PM
DEPUTY COMMISSIONER ISAAK moved to slide 20, titled "Legislative
Report Overview," which read as follows [original punctuation
provided]:
Table of Contents
Foreword
Section 1: Introduction
Section 2: Findings
Section 3: Draft Compact Agreement
Section 4: Statutory Framework
Section 5: Conclusion Appendix
DEPUTY COMMISSIONER ISAAK noted that the report can be found on
the department's website on the compacting page along with the
applications from the five tribal partners.
4:06:29 PM
DEPUTY COMMISSIONER ISAAK moved to slide 21, titled "Section 1:
Introduction Tribal and Community Ownership of Educational
Excellence," which read as follows [original punctuation
provided]:
"We have educated our children for millennia. This is
not something new to us. We have taught them to not
know the fundamentals of how to make a living, but we
also instill them with the spirit to be Inuit. Our
children should succeed not in spite of the system,
but because of it."
Melanie Bahnke President
Kawerak Inc.
4:06:56 PM
DEPUTY COMMISSIONER ISAAK moved slide 22, titled "Report Section
1: Introduction," which read as follows [original punctuation
provided]:
Transformation
This legislative report aims to provide a practical
plan that positions the Tribally Compacted Public
Schools (TCPS) for success. This report has five
sections: the introduction, findings, a draft compact
agreement, proposed statutory framework changes, and a
conclusion.
4:07:22 PM
DEPUTY COMMISSIONER ISAAK moved to slide 23, titled "Section 2:
Findings," which read as follows [original punctuation
provided]:
Considerations for Establishing Pilot Tribally
Compacted Public Schools in Alaska
Qagnuzikut Savignatitkaattiut Our Language is Our
Strength
DEPUTY COMMISSIONER ISAAK moved to slide 24, titled "Report
Section 2: Findings," which read as follows [original
punctuation provided]:
Findings: Governance
Policy Summary: Tribal Compacted Public Schools (TCPS)
would be established through the creation of a Tribal
Compacted Public School District (TCPS district). This
would allow Tribes a level of local control and self-
determination needed to operate TCPS while interfacing
within the parameters of Alaska Statute Title 14.
4:08:11 PM
DEPUTY COMMISSIONER ISAAK directed attention to slide 25, titled
"Report Section 2: Findings," which read as follows [original
punctuation provided]:
Findings: Funding
Policy Summary: To start the initial pilot Tribal
Compacted Public School (TCPS), the Tribes need to
have start-up funds. The TCPS would be funded per the
foundation formula under AS 14.17.410, using the same
student count period, formula multipliers, and
considerations as other school districts that do not
have a local contribution.
DEPUTY COMMISSIONER ISAAK moved to slide 26, titled "Report
Section 2: Findings," which read as follows [original
punctuation provided]:
Finding: Teachers and School Personnel
Policy Summary: Tribes may not employ teachers in a
Tribal Compacted Public School (TCPS) unless the
teacher holds a valid Tribal Compact (TC) teacher
certificate. TCPS Tribes are responsible for
establishing their own system of training, certifying,
and evaluating the staff employed in a TCPS. Tribes
are responsible for putting their TC teacher
certification credentialing process on file with DEED.
DEED will issue licenses to a teacher who demonstrates
that they have completed a TC teacher certification
program, met the background check requirements under
AS 14.20.020(f), and paid the department the required
fee. TCPS staff licensed by DEED shall be under the
Professional Teaching Practices Commission (PTPC). For
these reasons, DEED is requesting updates to PTPC to
incorporate TCPS. TCPS staff are not state employees
but are subject to the hiring and employment process
established by the TCPS district. Certificated TCPS
professionals are eligible to join the Teacher
Retirement System (TRS) and Public Employees'
Retirement System (PERS) retirement systems but are
not required to join.
4:10:35 PM
REPRESENTATIVE VANCE asked about formula funding and whether the
five participants have an estimate of student enrollment.
DEPUTY COMMISSIONER ISAAK said the applications included a
projected count of about 500 students who would initially be
involved in the pilot program.
REPRESENTATIVE VANCE noted the promising number of students
involved in the pilot program.
REPRESENATIVE BAKER asked if there would be multiple schools run
by regional tribes.
DEPUTY COMMISSIONER ISAAK listed the five tribes with estimated
student counts. Inupiat Community of the Arctic Slope has 10
students geared towards 9-12 grades. Tlingit and Haida Central
Council is planning to start with younger students in Head Start
programs. Ketchikan Indian Community has a model school with
20-50 students. Its existing program has a 100 percent
graduation rate. Knick Tribe has a charter school with 115
students enrolled and space for 150-180 students. King Island
Native Community is focused on K-2 with an immersion program for
30-40 students.
4:14:39 PM
REPRESENTATIVE CARPENTER asked if there would be new buildings
or startup money needed, or if TCPS would utilize existing
school buildings.
DEPUTY COMMISSIONER ISAAK answered that building construction
start-up capital was not included in the report. It is possible
for TCPSs to work with a local school district to create a
school-within-a-school model. He noted that collaboration is
important. Tribes can also choose to rent or purchase space. A
TCPS would be eligible for major maintenance and construction
grants because it would be considered a public school district.
4:17:03 PM
REPRESENTATIVE CARPENTER asked about slide 21 and the use of the
term "ownership."
DEPUTY COMMISSIONER ISAAK replied that the tribal ownership
piece is currently lacking. There is not currently a mechanism
for tribes to provide input to public schools.
REPRESENTATIVE CARPENTER asked, since he isn't Native, whether
he falls into the "community" portion of "Tribal and Community
Ownership of Educational Excellence."
DEPUTY COMMISSIONER ISAAK affirmed that there is space for
Native and non-Native people to collaborate on educational
excellence.
REPRESENTATIVE CARPENTER stated his agreement that ownership is
critical to excellence.
4:21:32 PM
REPRESENATIVE BAKER exemplified the Native Village of Kotzebue,
the federally recognized tribe in the community of Kotzebue,
which has an education department within it and a funded tribal
school in Kotzebue. Local Tribal schools have a community
ownership aspect that involves parents in the community who help
in the classroom and provide materials. He gave an example of
community members sharing knowledge of seal oil.
REPRESENTATIVE CARPENTER asked about slide 8.
DEPUTY COMMISSIONER ISAAK affirmed that the tribal roles listed
on slide 8 represent "ownership."
REPRESENTATIVE CARPENTER remarked that it is a novel model.
4:24:57 PM
REPRESENTATIVE VANCE expressed her excitement. She asked how
TCPSs are different from charter schools.
DEPUTY COMMISSIONER ISAAK described the difference between
charter schools and TCPSs. He noted that charter schools are
still under the local school board and the state Board of
Education, whereas TCPSs would be a type of school district.
Another difference is that charters involve a contract agreement
that is not at a government-to-government level. Chartering is
a contract, compacting involves ownership.
4:28:42 PM
DEPUTY COMMISSIONER ISAAK returned to the PowerPoint and moved
to slide 27, titled "Report Section 3: STEC Agreement Outline,"
which read as follows [original punctuation provided]:
RECITALS
I. Title
II. Authority
III. Appendices
IV. Term of Compact
V. School's Roles and Responsibilities
A. Educational Program
1. Content Standards
2. Curriculum
3. Graduation Requirements for High Schools
4. Staff Qualifications
5. Staff Training
6. Student Assessment
7. Second Language Learners
8. Students with Disabilities
9. Supplemental Programs
10.Student Conduct and Discipline
11. Alaska Native Language
B. School Operations
1. Public School Status
2. Student Data and Enrollment Reporting
3. Evaluation and Effectiveness Review
4. Nonsectarian Status
5. Non-discrimination
6. Recordkeeping and Auditing
7. Right of inspection
8. Student Welfare and Safety
9. Transportation
10. Cooperation
11. School Calendar
12. Admission and Enrollment
13. School Facilities
14. Accountability for School Performance
15.Ethics
DEPUTY COMMISSIONER ISAAK moved to slide 29, titled "Report
Section 3: STEC Agreement Outline," which read as follows
[original punctuation provided]:
C. School Finance
1. Legal and Accounting Compliance
2. Financial Audits
3. Non-Commingling
4. Assets
5. School Funds
6. Location and Access
VI. DEED's Rights And Responsibilities
A. Funding
B. Compact Administration
1. Consultation
2. Administration and Application of Compact
3. Inquiries and Investigations
4. Notification of Perceived Concerns
5. Other Legal Obligations
VII. Compliance
A. Compliance
B. Breach by the School
1. Violations
2. Corrective Action Plan
C. Breach by DEED
DEPUTY COMMISSIONER ISAAK said that a compact is a partnership.
He described dispute resolutions, compliance, and insurance. He
noted that some of the STEC agreement was based off Indian
Health Service compact negotiations.
DEPUTY COMMISSIONER ISAAK moved to slides 30-31, titled "Report
Section 3: STEC Agreement Outline," which read as follows
[original punctuation provided]:
VIII. Nonrenewal and Termination
A. Nonrenewal
1. Notice
2. Timing of Notice
B. Termination
1. Notice
2. Response
C. Effect of Nonrenewal or Termination
IX. Dispute Resolution
A. Direct Discussions
B. Unsuccessful Direct Discussions
C. Choice of Law
X. Waivers and Liability
A. Limitation of Liability
B. Sovereign Immunity of the State
C. Confidentiality Remedy
D. IDEA and ADA
E. Liability Under Compact
1. Insurance
2. Limited Waiver
3. Cooperation and Counterclaims
4. Interpretation
5. Legal Costs and Fees
6. Third Party Rights
7. Non Assignment
8. Order of Precedence
XI. General
A. Merger
B. Amendments
C. Governing Law and Enforceability
D. Severability
E. Waiver
F. No Employee or Agency Relationship
XII. Definitions
XIII. Notices
Signatures
4:32:21 PM
REPRESENTATIVE DIBERT asked about teacher certification
requirements and tribal requirements.
DEPUTY COMMISSIONER ISAAK said teacher certification and
training requirements would depend on the tribal system.
REPRESENTATIVE DIBERT commented that learning the culture and
language of the region is valuable to the youth of Alaska.
REPRESENTATIVE CARPENTER asked about the educational program
content standards on slide 28. He mentioned a U.S. Supreme
Court decision concerning religious education in schools and an
Alaska State Constitutional prohibition against religious
education in schools. He asked about cultural training in STEC
schools and commented that culture and religion are intertwined.
DEPUTY COMMISSIONER ISAAK brought up a settled court case and
offered to follow up with information about a lawsuit toward the
Ketchikan School District. The court ultimately found that the
district was not in violation of the constitution.
4:36:31 PM
DEPUTY COMMISSIONER ISAAK moved to slides 32-37, titled
"Considerations for Establishing Pilot Tribally Compacted Public
Schools in Alaska," which read as follows [original punctuation
provided]:
"Decisions about education are made within our
educational institutions, and if we want change and
constructive development of education, we need to
focus on our educational institutions."
Dennis Demmert Gunkasíxht
Southeastern Conference on Native Education, 1983
Report Section 4: Statutory Framework Topics
Statutory Framework: Governance
• Establishing a STEC school
• Term of STEC agreement
• A parent's right to direct the education of the
parent's child
• School term
• Annual progress reports
• Education and planning reports
• School and district accountability
• Correspondence study program
• Duties and powers of the department Statutory
Framework: Governance
• Transfer or sale of assets to tribes
• State Board of Education (SBOE)
• Education tribal advisory commission
• Districts of state public school system
• Districts - support management and control in
general
• Establishing a TCPS district governing body
• Powers of a STEC Tribe as related to STEC agreement
and TCPS district 33 governing body powers
• Duties of the TCPS district governing body
• School governing body indemnification
• Regional resource center
• Cooperation with other school districts • TCPS
governing body association
• Compulsory Education
• Native Language Education
• Alaska Performance Scholarship Statutory Framework:
Governance
• Deposit of publication of research data
• Definitions
• Insurance tax education credit and Income tax credit
Statutory Framework: Funding
• Withholding state funds
• Transportation of students
• Construction, rehabilitation, and improvement of
schools and education-related facilities
• Bond Reimbursement and Grant Review Committee
• Regional educational attendance area and small
municipal school district school fund
• General provisions construction chapter
• Annual audit
• Pilot TCPS development funding
• TCPS pilot fund balance in school operating fund
• District cost factors
DEPUTY COMMISSIONER ISAAK noted that the statutory framework was
written in layman's terms. He highlighted the annual progress
reports, education and planning reports, State Board of
Education, and establishing a TCPS district governing body. He
noted Alaska Native language education and credit transfer for
students moving around the state. The insurance tax education
credit and income tax credit were noted. He mentioned that
funding for the pilot TCPS would involve a block grant.
4:40:50 PM
REPRESENTATIVE DIBERT asked if there is more interest across the
state from other tribes.
DEPUTY COMMISSIONER ISAAK said that other tribes have reached
out. The pilot program is the focus for now.
4:42:30 PM
REPRESENTATIVE DIBERT asked if there is a waitlist for the five
TCPSs.
DEPUTY COMMISSIONER ISAAK replied that the department is not
tracking the waitlist. Currently there are no TCPS schools in
operation. Existing tribal school programs would have
information about waitlists.
4:43:24 PM
DEPUTY COMMISSIONER ISAAK moved to slides 36-37, titled "Report
Section 4: Statutory Framework Topics," which read as follows
[original punctuation provided]:
Statutory Framework: Teachers and School Personnel
• Teacher Certification Requirement
• Recognition of Certification of TC Teachers
• Requirements for Issuance of Certificate
• Statement of Teacher Preparation Program
Certification
• Evaluation of Training and Experience
• Employee Contract
• Professional Teaching Practices Commission (PTPC)
• Duties of the Professional Teaching Practices
Commission (PTPC)
• Required Training
• Retirement Plan
• Participation by special education services agency
employees.
• General provisions construction chapter
• Annual audit
• Pilot TCPS development funding
• TCPS pilot fund balance in school operating fund
• District cost factors
DEPUTY COMMISSIONER ISAAK said that the tribe is responsible for
ensuring teachers are trained.
4:44:35 PM
DEPUTY COMMISSIONER ISAAK moved to slide 38, titled "Section 5:
Conclusion," which read as follows [original punctuation
provided]:
The State of AK supports local control in many ways,
including in education. I think Tribal compacting is
the epitome of local control; Tribal compacting has
the potential to enhance education delivery."
President Richard Peterson Chalyee Éesh Public
Testimony, SB 34, 2022 Central Council of Tlingit and
Haida Indian Tribes of Alaska
DEPUTY COMMISSIONER ISAAK referred to a YouTube video shown at a
meeting in November. He reminded the committee that 145 years
ago public education in Alaska was violent for Alaska Native
youth. He expressed his excitement to see what education will
look like 145 years from now.
4:46:04 PM
DEPUTY COMMISSIONER ISAAK moved to slide 39, titled "Report
Section 5: Conclusion," which read as follows [original
punctuation provided]:
Pilot: Transformation in Action
Premise: Public schools that are open to all students
and funded through public dollars.
Mechanism: Government-to-Government agreement (State-
Tribe) to establish Tribally Compacted Public School
Districts for the purposes of Tribal self-governance
and a funding mechanism that integrates with the
Department of Education and Early Development.
Operation: Teachers that are certified through a
Tribal training process that the Department of
Education and Early Development verifies to issue
state licenses for Tribally Compacted Public School
Teachers.
Accountability: Background checks, audits, and
assessments are required. Under the State Board of
Education for the purposes of state-wide regulation.
Evaluation: Tribes provide annual progress reports,
and DEED provides a summary alongside the Tribal
progress report to the legislature.
DEPUTY COMMISSIONER ISAAK said that slide 39 sums up his
presentation. He noted a key piece of transformation involves
annual progress reports written by tribes alongside a summary
from DEED, which are reported to the legislature.
DEPUTY COMMISSIONER ISAAK noted a hyperlink on slide 41 which
describes legal terms on the Alaska Native Federation webpage.
DEPUTY COMMISSIONER ISAAK moved to slide 42, which offered more
links to videos about how learning systems can reflect community
and culture. He emphasized that tribes and communities can work
together. Tribal ownership aims not to exclude anyone. He
provided contact information and information about newsletters
on slide 43. He thanked the committee.
4:48:31 PM
REPRESENTATIVE CARPENTER asked if each of the five tribal
partners would have its own school to manage or if the district
would be created with representation from tribes at district
levels.
DEPUTY COMMISSIONER ISAAK responded that each tribe would create
its own government structure as a school district.
REPRESENTATIVE CARPENTER asked if each sovereign tribe would
have its own school district.
DEPUTY COMMISSIONER ISAAK affirmed that each tribe would have
its own school district and governing body. How these schools
are housed would depend on collaboration with existing school
districts for building space. Each tribe may need to partner
with an existing school district depending on availability of
facilities.
REPRESENTATIVE CARPENTER sought to understand the community
ownership aspect of the TCPS plan. He inquired whether, if a
tribal school were created in his district and set up in the
local high school, other students in the non TCPS could
participate in the TCPS.
DEPUTY COMMISSIONER ISAAK affirmed that there would be a choice
of schools in which to enroll.
4:53:34 PM
REPRESENTATIVE DIBERT thanked Deputy Commissioner Isaak for his
presentation and expressed her enthusiasm for the TCPS program.
She said her nephew attended a preschool with a Native language
component and had success in learning Athabascan. She mentioned
that her grandmother came from Kokrines, Alaska, spoke Koyukon
Athabascan, and told stories of her negative experiences of
abuse in schools during her childhood. She noted that inviting
Native language back into schools would be healing.
4:55:38 PM
REPRESENTATIVE CARPENTER asked about the time frame.
DEPUTY COMMISSIONER ISAAK answered that the report is publicly
available. The governor's law office is involved in the
process. The legislature needs to take over to start drafting
legislation.
4:57:23 PM
CHAIR MCCORMICK thanked Deputy Commissioner Isaak and emphasized
the large audience watching online. Tribal compacting is of
immense value for his constituents, he concluded.
4:58:23 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
4:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HTRB DEED State Tribal Education Compact Update 2.12.24.pdf |
HTRB 2/12/2024 3:30:00 PM |