Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/29/2024 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB266 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 266 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
April 29, 2024
3:30 p.m.
MEMBERS PRESENT
Senator Löki Tobin, Chair
Senator Gary Stevens, Vice Chair
Senator Jesse Bjorkman
Senator Jesse Kiehl
Senator Elvi Gray-Jackson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
- CONFIRMATION ADVANCED
SENATE BILL NO. 266
"An Act relating to standards-based assessments; relating to
correspondence study programs; relating to student fund accounts
for correspondence study programs; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 266
SHORT TITLE: CORRESPONDENCE STUDY PROG; STUDENT ACCTS
SPONSOR(s): EDUCATION
04/26/24 (S) READ THE FIRST TIME - REFERRALS
04/26/24 (S) EDC
04/29/24 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ROBERT GRIFFIN, Appointee
Anchorage, Alaska
POSITION STATEMENT: Testified as the governor's appointee to the
State Board of Education and Early Development.
RAY KREIG, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of governor appointee
Mr. Griffin.
DAVID BOYLE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of governor appointee
Mr. Griffin.
LAURA BONNER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of governor
appointee Mr. Griffin.
CAROLINE STORM, Executive Director
Coalition for Education Equity
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of governor
appointee Mr. Griffin.
MICHAEL MASON, Staff
Senator Löki Tobin
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Delivered the sectional analysis for SB 266.
DEBORAH RIDDLE, Operations Manager
Division of Innovation and Education Excellence
Department of Education and Early Development (DEED)
Juneau, Alaska
POSITION STATEMENT: Provided an overview of the fiscal note for
SB 266.
LARAE SMITH, representing self
Houston, Alaska
POSITION STATEMENT: Testified with concerns on SB 266.
MAUREEN CRUMLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 266.
AMANDA WRAITH, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to SB 266.
STACEY LANGE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 266.
KATHERINE GARDNER, Deputy Superintendent
Business and Operations
Matsu Borough School District
Palmer, Alaska
POSITION STATEMENT: Testified on SB 266.
STARLA HALBROOK, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 266.
JOEL HALBROOK, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified with concerns on SB 266.
SARAH GROVER, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified with concerns on SB 266.
ERICKA BEERY, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 266.
HOWARD BEERY, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 266.
LON GARRISON, Executive Director
Association of Alaska School Boards
Juneau, Alaska
POSITION STATEMENT: Testified on SB 266.
EMILY FERNY, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 266 with
concerns.
MADELINE RANCH, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 266.
KIMBERLY BERGEY, Program Director
Raven Homeschool
POSITION STATEMENT: Testified with concerns on SB 266.
ACTION NARRATIVE
3:30:08 PM
CHAIR LÖKI TOBIN called the Senate Education Standing Committee
meeting to order at 3:30 p.m. Present at the call to order were
Senators Kiehl, Stevens, Gray-Jackson, and Chair Tobin. Senator
Bjorkman joined thereafter.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
3:32:43 PM
CHAIR TOBIN announced the consideration of governor appointee
Bob Griffin to the State Board of Education and Early
Development
3:33:13 PM
ROBERT GRIFFIN, Appointee, Anchorage, Alaska, testified as the
governor's appointee to the State Board of Education and Early
Development. He stated that public policy choices impact the
outcomes for students. He said this is a reappointment, and he
is looking forward to continued collaboration in areas where he,
as chair, saw progress in reading for early childhood literacy
and tribal compacting. He stated he is optimistic about
students' 2022 NAEP test scores. He listed various other
accomplishments, such as the AK STAR adaptive testing model and
teacher certification pathways.
3:34:53 PM
MR. GRIFFIN spoke about the rate at which Alaska's teachers are
becoming proficient in the science of reading and the positive
impact it will have on students. He said he is concerned about
the allocation of resources to classrooms and achieving positive
outcomes. He compared Florida, the least adequately funded
school system, to Alaska, the second most adequately funded, and
provided several examples of how Florida's students outperform
Alaska's students.
3:37:40 PM
MR. GRIFFIN said the huge escalation in building costs is
robbing resources from classrooms. He stated that operations
recently had a budget he voted against because building costs
exceed inflation, and Alaska's schools have billions of dollars
in deferred maintenance. To illustrate his point, he said one
facility was listed at $102 million and serves 170 students. In
contrast, the Dena'ina Center cost $111 million. He opined that
Alaska has poor support for hugely successful charter schools,
with sole authority given to local districts. He spoke about the
challenges and opportunities in Alaska associated with poverty,
world languages, diversity, and cost of living.
3:41:14 PM
SENATOR GRAY-JACKSON expressed a strong appreciation for mission
statements, highlighting their value in clearly defining the
role of a board, commission, or organization. She stated the
mission of the State Board of Education as "an excellent
education for every student every day." She asked if the board
is effectively fulfilling this mission.
MR. GRIFFIN stated that progress is being made toward fulfilling
the mission, though not all students are achieving at the
desired level. He highlighted the Alaska Reads Act and
acknowledged Senator Tobin's efforts in its adoption, noting the
lengthy process since its initial introduction in 2014. He
remarked that if the legislation had been in place since 2014,
Alaska might be closer to the success seen in Mississippi, which
has significantly narrowed achievement gaps. He pointed out that
Mississippi ranks second in the nation for low-income fourth
grade reading scores on the National Assessment of Educational
Progress (NAEP).
3:42:00 PM
SENATOR BJORKMAN joined the meeting.
3:42:34 PM
CHAIR TOBIN noted the repeated references to NAEP scores and
expressed concern over poor assessment data for certain
populations in public schools. She observed a lack of
improvement in these numbers during his five years on the board.
She asked for his perspective on statewide assessments and
questioned why all students are not encouraged to participate.
MR. GRIFFIN replied that he supports encouraging all students to
take statewide assessments, emphasizing the importance of
measuring performance. He stated that large statistical samples
are beneficial and expressed agreement with the sentiment of
broad participation in assessments.
3:43:20 PM
SENATOR KIEHL referenced previous comments about the cost of
school buildings and the major maintenance backlog. He asked
what proposals the board has brought forward in the past six
years to address building standards or reduced school
construction costs.
3:43:50 PM
MR. GRIFFIN stated that the board has discussed the rising costs
of school construction for some time, with conversations
recently becoming more robust. He mentioned that the board is
drafting a resolution or memorandum to propose creating a
commission to identify ways to redirect resources toward
classroom operations. He noted that spending on K-12 education
exceeds $22,000 per student for those in neighborhood schools,
equating to about $550,000 for a cohort of 25 students. He
expressed concern that a significant portion of this funding is
not reaching classrooms or directly benefiting teachers and
students.
3:44:57 PM
SENATOR KIEHL expressed appreciation for the increased focus on
school building costs but raised concerns about reliance on
average figures. He asked Mr. Griffin to elaborate on his
understanding of the average cost per student excluding those
with an IEP.
MR. GRIFFIN replied [he did not know].
3:45:34 PM
SENATOR KIEHL noted an online reference to Mr. Griffin's work
with the Alaska Policy Forum as an education researcher. He
asked him to elaborate on the nature of that role and its
responsibilities.
3:45:57 PM
MR. GRIFFIN stated that he has been a volunteer with the Alaska
Policy Forum since its inception around 2009 and has contributed
extensively over the years. He highlighted his ability to travel
to education conferences across the United States, including
events hosted by the Foundation for Excellence in Education and
the National Alliance for Public Charter Schools. He explained
that he funds his own travel to learn about successful
educational practices and how benchmarking Alaska's performance
against other places can improve student outcomes through
adopting measures that have proven successful elsewhere.
3:47:09 PM
CHAIR TOBIN referenced meeting minutes from the Family
Partnership on October 10, 2022, which noted Mr. Griffin's
attendance as a representative of the Department of Education
and Early Development (DEED). She expressed curiosity about his
authorization as a spokesperson for the department. She asked
him to clarify why he attended the meeting and to elaborate on
his comments regarding using public funds for private school
funding, particularly any discussion of misuse of public funds
for private purposes.
3:47:48 PM
MR. GRIFFIN stated he did not recall claiming to represent the
Department of Education and Early Development (DEED) and noted
he is careful to present his own opinions in such contexts. He
explained that the Family Partnership Charter School was
experiencing turmoil with its Academic Policy Committee (APC) at
the time. He said he did not remember the exact circumstances of
what was discussed but expressed consistent support for
correspondence allotment programs, which serve about 70 percent
of Alaska's students. He emphasized that parents choose these
programs for various reasons. He contrasted these parents to
those that drop their children at a bus stop and pick them up
later.
3:48:41 PM
CHAIR TOBIN responded that her question focused specifically on
his participation in the public meeting as a representative of
the Department of Education and Early Development (DEED). She
stated that she understands the reasons families choose public
charter schools and correspondence programs but sought further
explanation about his role in the meeting.
MR. GRIFFIN stated his believe that he was invited to speak at
the meeting by an APC member. He emphasized that he was careful
to clarify he was expressing his own opinions, not representing
DEED or the State Board of Education. He noted that he
consistently ensures in both his writings and public engagements
that his views are personal and not on behalf of the department
or board.
CHAIR TOBIN stated that the public meeting minutes stated
multiple times that Mr. Griffin attended as a representative of
DEED. She said that as part of the executive branch he swore and
oath to uphold the Alaska Constitution including art VII, sec.
2, which governs the appropriate use of public funds for
education. She asked whether, in his private engagements, he
advocates for the misuse of public funds.
3:49:42 PM
MR. GRIFFIN replied he never advocates for the misuse of public
funds.
CHAIR TOBIN responded that it is curious that he had expressed
support for allotments, which were recently ruled
unconstitutional by a superior court judge. She commented that
it is difficult for her to marry his two statements.
3:50:10 PM
SENATOR GRAY-JACKSON noted Mr. Griffin's previous opposition to
increasing education funding and acknowledged what she perceived
as his change of heart in supporting a $680 increase to the Base
Student Allocation (BSA). She asked how he envisions this
increase impacting Alaska schools and expressed appreciation for
his shift in perspective.
MR. GRIFFIN stated that per-student spending in state formula
funding increased by approximately 91 percent between 2003 and
2023, compared to an inflation rate of 60.3 percent during the
same period. He acknowledged that more recent spending has
remained relatively flat. He expressed that he is not opposed to
the current proposal of a $680 increase in the BSA.
3:51:14 PM
SENATOR KIEHL noted that his office has requested charter school
waitlists from the Department of Education and Early Development
(DEED) multiple times but has not received them. He asked how
many unique Alaska children are currently on charter school
waitlists.
MR. GRIFFIN replied that the most recent number he recalled was
approximately 800 children on charter school waitlists. He
stated the waitlists were longer but thinks that parents
frustrated by waiting enrolled their children in micro-schools
or learning pods. He argued that any number of children on a
waiting list demonstrates a market demand that exceeds supply.
3:52:25 PM
SENATOR STEVENS stated that he is confused about the difference
between direct and indirect contributions to public and private
schools. He asked for an explanation of the distinction.
MR. GRIFFIN said in the case of charter allotment programs a lot
of indirect money goes to content providers and contract work.
He said he doesn't really find a distinction between private and
public sector content providers when there are not a lot of
public sector providers offering the materials used to educate
charter school kids. He said the underlying principle is that
very good outcomes are occurring at a reasonable price. He
opined if correspondence allotment program students all entered
brick and mortar programs it would trigger $190 million dollars
a year in formula funding.
3:54:19 PM
SENATOR BJORKMAN asked if Mr. Griffin now supports a $680
increase to the BSA.
MR. GRIFFIN confirmed his support for the $680 increase to the
BSA and stated that he does not recall opposing it in the past.
He noted that K-12 education funding has been generous over the
last 20 years but has remained relatively flat in recent years.
He added that the $680 figure seems to be the consensus, and he
does not disagree with it.
3:54:59 PM
SENATOR BJORKMAN asked whether Mr. Griffin lobbied members of
the legislature regarding the veto override vote for SB 140.
MR. GRIFFIN acknowledged lobbying members of the legislature to
override the veto for SB 140. He stated that he agreed with the
governor's assessment that the package lacked significant
reforms. He added that the current proposal in HB 392 is a
minimal request for essentially the same objectives.
3:55:37 PM
SENATOR BJORKMAN asked Mr. Griffin to clarify what he
specifically urged members to do regarding the veto.
MR. GRIFFIN clarified that he urged members to sustain the veto,
agreeing with the governor's position that increasing spending
without meaningful reforms has been a persistent issue. He
emphasized the importance of incorporating reforms that have
proven successful in states like Florida and Mississippi. He
highlighted a significant issue in Alaska's charter school
program: the lack of secondary authorizers. He explained that
without secondary authorizers, charter schools face an
asymmetric power dynamic when negotiating charter contracts, as
Alaska is one of only five states where this authority rests
solely with local school districts.
3:56:49 PM
SENATOR BJORKMAN said he understands. He asked whether the
slides and information Mr. Griffin presented as a member of the
State Board of Education at last year's joint meeting of the
Senate Education and House Education Committees had been vetted
or approved, noting that the materials included numerous DEED
logos.
3:57:41 PM
MR. GRIFFIN stated that he assumes the slides were approved, as
he submitted them to the board, and they were forwarded.
SENATOR BJORKMAN replied he was clarifying the vetting of the
slides because of Mr. Griffin's recounting of earlier testimony
regarding his official role on the State Board of Education.
Following the joint hearing, he raised concerns with the chair
of the board, stating his belief that the information presented
by Mr. Griffin appeared to be of his own work and making. He
said the chair of the board agreed, validating the concern. He
expressed continued concern about blurring the line between DEED
and State Board of Education approval when sharing information
in public settings.
3:58:39 PM
SENATOR KIEHL said that in the last couple of years, the State
Board of Education has written regulations in areas where
legislation was before the legislature. He stated that, in
general, the legislature writes laws, while boards or regulatory
bodies implement them or make them specific. He asked Mr.
Griffin for his philosophy on the board's appropriate use and
limits of power when legislators or the governor believe
statutory changes are necessary.
MR. GRIFFIN responded that if he understood the question
correctly, it pertained to the limits of what the board can do.
He stated his understanding that the board can only write
regulations based on statute and does not have any role beyond
that.
SENATOR KIEHL asked whether, he would say the board has
appropriately limited itself to its statutory authority, given
some of the actions taken by the board through regulation in the
last year or two, particularly in areas where legislators
believe statutory changes are necessary.
4:00:19 PM
MR. GRIFFIN replied yes.
4:00:29 PM
CHAIR TOBIN expressed appreciation for Mr. Griffin's willingness
to serve another term on the State Board of Education. However,
she stated that she has deep reservations about his
reappointment. She raised concerns about his lobbying efforts,
which she believes may verge on violating the Executive Branch
Ethics Act and criticized his statements about the adequacy of
the foundation formula. She referenced the dismay of Florida
researchers at his misuse of their data stating they have
decided to exclude Alaska from future studies. She expressed
confusion over his continued propagation of what she considers
misinformation and noted that during his tenure, millions of
public dollars have gone into private hands. She highlighted
research indicating parents are opting out of neighborhood
schools due to non-competitive teacher salaries, lack of defined
benefits, and cuts to arts, science, and PE programs.
4:02:36 PM
CHAIR TOBIN said she will share her reservations with colleagues
because she wants board members who care about and advocate for
public schools. She expressed concern that Mr. Griffin believes
decisions should be made by the State Board of Education rather
than at the local level and questioned his push to change local
control, especially when Alaska has some of the best charter
schools in the nation. She encouraged him to continue engaging
with others during the reappointment process but said she would
not vote for his reconfirmation.
4:02:42 PM
CHAIR TOBIN opened public testimony on the appointment of Mr.
Griffin to the State Board of Education and Early Development.
4:02:58 PM
RAY KREIG, representing self, Anchorage, Alaska, testified in
support of governor appointee and read his following prepared
testimony:
[Original punctuation provided.]
Bob Griffin has been a tireless and outstanding
advocate for improving K-12 education in Alaska. I
strongly support his confirmation for another term on
the State Board of Education. The kind of reforms we
need in Alaska are those recognized in the June 1,
2023 NY Times editorial page column attached,
"Mississippi is Offering Lessons for America on
Education" by Nicholas Kristoff. Quote "The refrain
across much of the Deep South for decades was "Thank
God for Mississippi". End quote. That's because other
southern states believed that no matter how bad their
education systems were, Mississippi would always be at
the bottom. Part of my youth was spent in Arkansas,
and I can attest that was said! Mississippi decided to
take control of its educational system. In the last
ten years, all its energy has been placed into getting
all children to read at the 3rd grade level by the end
of 3rd grade. Results? On the NAEP test, Mississippi
is soaring in national rankings Was this accomplished
by lower classroom sizes? By social promotion? After
all, Mississippi had a lot to overcome. Mississippi
ranks dead last in child poverty and second highest in
teen births. It was near the bottom of the NAEP tests
too. No. It placed its energy into getting all
children to read. Now among low-income students,
Mississippi 4th graders are tied for best in reading
and rank second in math!
Bob Griffin is an expert on exactly these reforms.
I've known Bob for 14 years and he is an Alaskan
treasure and patriot. Losing his experience and wisdom
would be a disaster for education progress and must
not happen. Because education is critical, this is one
of the most important votes in the legislature this
session and a spotlight will be on each vote for or
against Bob. We can't continue to turn out students
that can't adequately read or do math. This is a
continuing human rights abuse! I hope that the
Committee can consider what Mississippi has been able
to do and keep Bob Griffin on the State Board so we
can achieve results like this in Alaska. I thank you
for your careful consideration and attention.
4:05:44 PM
DAVID BOYLE, representing self, Anchorage, Alaska, testified in
support of governor appointee Mr. Griffin. He stated he has been
acquainted with him for nearly 20 years as a fellow veteran,
describing him as a man of integrity. He said Mr. Griffin is a
top-notch K-12 education researcher who prioritizes the
interests of all children. He noted that Mr. Griffin shares
data, not opinions or anecdotes, earning him the nickname "Data
Man." He commended his contributions to the State Board,
including providing comparative research on Alaska's K-12
performance relative to all other states and credited him for
leading efforts to improve reading proficiency through research
on the science of reading, which culminated in the Alaska Reads
Act. He addressed criticisms that Mr. Griffin opposes public
education, asserting they are unfounded. He lauded him for
identifying wasteful spending to prioritize classroom learning
and for bringing a data-driven perspective to policy
discussions.
4:08:23 PM
LAURA BONNER, representing self, Anchorage, Alaska, testified in
opposition of governor appointee Mr. Griffin. She criticized the
State Board of Education for failing to steer the Department of
Education and Early Development (DEED) towards measurable
improvements or adequate district oversight. She cited the
board's lack of oversight and fiscal responsibility to maintain
equity requirements to comply with the American Rescue Plan
funds paid to the state in 2022 and 2023, despite districts
needing the funds. She expressed concern about his resume
submitted to the House hearing, which omitted his role as a
Senior Education Research Fellow and member of the Board of
Directors for the Alaska Policy Forum, a private organization
advocating for vouchers and other methods to redirect public
education funds to private and religious schools. She referenced
a 2014 article he wrote for the forum, where he stated,
"Alaska's public schools are not underfunded. They are not run
efficiently because they are a monopoly." She also cited a
February 2023 article where he wrote, "Alaska schools do not
need an increase in funding." In another article he stated,
"Alaska does not have a K-12 funding program; we have a resource
allocation program." She pointed out discrepancies in Mr.
Griffin's statements, noting that during the House committee
hearing, he claimed to support local control of charter schools
by locally elected school boards while also supporting the State
Board's authorization of schools. She emphasized that while he
is entitled to his opinions, the Alaska Constitution mandates
the maintenance of a public school system open to all children.
4:11:07 PM
CAROLINE STORM, Executive Director, Coalition for Education
Equity, Anchorage, Alaska, testified in opposition of governor
appointee. She expressed agreement with Chair Tobin's earlier
reservations about Mr. Griffin's reconfirmation. She noted that
while serving on the board of the Alaska Policy Forum, he
consistently advocated for vouchers, a stance she argued is
counter to the Alaska Constitution. She also criticized his
reliance on the Rutgers study, highlighting that its authors
have stated they will exclude Alaska in future studies due to
inaccuracies in the data. She expressed perplexity over his
comments on the high costs of school construction and his
suggestion to limit capital investments in public schools.
Drawing from her prior experience as an architect, she
emphasized that remote construction costs in Alaska are
inherently high and unavoidable. She stressed Alaska's
constitutional and legal obligations under Molly Hootch to
provide public education facilities in every village, advocating
for full support of these efforts. She also addressed the push
for correspondence schools, referencing a superintendent's
observation that a key lesson from COVID-19 was that children
need to be in classrooms with their peers.
4:13:33 PM
CHAIR TOBIN closed public testimony on the appointment of Mr.
Griffin to the State Board of Education and Early Development.
4:13:42 PM
CHAIR TOBIN solicited a motion.
4:13:44 PM
SENATOR STEVENS stated that in accordance with AS 39.05.080, the
Senate Education Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Board of Education and Early Development
Bob Griffin - Anchorage
SENATOR STEVENS reminded members that signing the report(s)
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees; the nominations are merely forwarded to the full
legislature for confirmation or rejection.
4:14:07 PM
CHAIR TOBIN stated Mr. Griffin's name would be forwarded to a
joint session of the Alaska Legislature.
SB 266-CORRESPONDENCE STUDY PROG; STUDENT ACCTS
4:14:23 PM
CHAIR TOBIN announced the consideration of SENATE BILL NO. 266
"An Act relating to standards-based assessments; relating to
correspondence study programs; relating to student fund accounts
for correspondence study programs; and providing for an
effective date."
4:14:34 PM
CHAIR TOBIN explained that SB 266 was drafted in response to an
Alaska Superior Court decision, issued two weeks ago. The
decision found that two sections of state law regarding Public
Correspondence Programsspecifically related to Individualized
Education Plans (IEPs) and allotmentsunconstitutional. She said
that to ensure these programs remain available to correspondence
families, the Alaska legislature acted quickly to draft SB 266.
She highlighted the following key components of SB 266:
• SB 266 reinstates statewide assessments for all public-
school students. Parents will receive a two-week
notification of testing dates, and students observing a
religious holiday may opt out. Accommodations under the
Individuals with Disabilities Education Act remain
unaffected. This provision addresses a conflict with House
Bill 146 (2016), which allowed parents to opt out of
statewide assessments. She noted that this violates a 2007
Superior Court ruling that requires the state to have an
adequate method of assessing whether students meet state
standards.
• SB 266 reinstates the 2008 Department of Education and
Early Development (DEED) correspondence program regulatory
package, originally enacted under the Palin administration.
This package best aligns with requirements in Alaska's
Constitution. It allows DEED or local districts to provide
correspondence programs and student fund accounts (renamed
from allotments), designed for individualized academic
instruction. The State Board of Education is required to
establish regulations for student fund accounts, which must
comply with SB 266 prohibitions against using funds for
partisan, sectarian, or denominational materials.
• Unspent student fund account balances must be returned at
the end of each year, with detailed annual reporting on
expenditures. These stipulations align with existing
requirements for brick-and-mortar schools.
• SB 266 strengthens reporting requirements for
correspondence programs. DEED must annually provide the
legislature with data on student demographics, expenditures
from student fund accounts, statewide assessment
performance, and administrative costs.
CHAIR TOBIN concluded that the SB 266 aims to prevent recurrence
of the legal issues addressed in the court's decision.
4:18:03 PM
MICHAEL MASON, Staff, Senator Löki Tobin, Alaska State
Legislature, Juneau, Alaska, said the goal of SB 266 is to
provide clear guidance and guardrails for Alaska's public
correspondence programs. He delivered the sectional analysis for
SB 266:
[Original punctuation provided.]
Senate Bill 266 Correspondence Study Programs
Version B Sectional Analysis
Section 1 Amends AS 14.03.016 by repealing the
blanket withdrawal provisions of statewide assessments
for students in K-12. The statutory requirement for at
least two-week notification of statewide assessments
remains unchanged. Parents may still withdrawal their
public-school participating child from statewide
assessments when testing dates fall on religious
holidays. Accommodations for students covered by the
Individuals with Disabilities Education Act, who have
a 504 or Transition Impairment Plan, or are identified
as English Learners are not affected by this repeal.
Section 2 Adds a new subsection to AS 14.03.300
requiring the Alaska Department of Education or a
local school district report annually on student
participation in their correspondence study program.
The report must include demographic information,
expenditures made by a student fund account,
appropriately aggregated performance on a statewide
assessment, and administrative costs associated with
operation of the correspondence study program.
Section 3 Repeals and reenacts AS 14.03.310 and
reinstates components of a 2008 correspondence study
program regulatory package promulgated by the Alaska
Department of Education and Early Development. Under
AS 14.03.310, the department or a local school
district may provide a correspondent study program
enrollee a fund account to meet the purpose of
providing individualized academic instruction. The
department or a local school district is prohibited
from supplanting federally required services with a
student fund account. AS 14.03.310 directs the State
Board of Education and Early Development to adopt
regulations pertaining to student fund account
expenditures and outlines stipulations for
regulations. The 2 regulations must comply with AS
14.03.090, which prohibits educators or schools from
advocating for partisan, sectarian, or denominational
doctrines and AS 14.18.060, which prohibits the
selection of textbook and instructional materials that
are biased toward one sex. Regulations propagated
under this section also must meet additional
requirements outlined under new sections (e) through
(g) of AS 14.03.310. The new AS 14.03.310 also directs
the department or local public school district to
return the unexpended student fund balance to the
budget of the department or district including any
funds that remain when a student disenrolls from a
correspondence study program.
4:21:12 PM
MR. MASON continued the sectional analysis of SB 266:
[Original punctuation provided.]
Section 4 Amends AS 14.07.168 to include information
collected under the new subsection established under
AS 14.03.300 in the annual report submitted by the
State Board of Education and Early Development to the
Alaska State Legislature.
Section 5 Amends AS 14.07.158, sec. 23, ch. 40 SLA
2022, which repeals AS 14.07.168 (4) on June 30, 2034,
to include in the annual report provided to the Alaska
Legislature by the Alaska Board of Education and Early
Development that includes the information established
under the new subsection established under AS
14.03.300. Section 4 and 5 relate to the 2034 repeal
of the Alaska Reads Act, ensuring continued reporting
of the information collected under AS 14.03.300.
Section 6 Repeals AS 14.03.300 (b).
Section 7 Stipulates that Section 5 of this Act
takes effect on the effective date of sec. 23, ch. 40,
SLA 2022.
Section 8 Sets an immediate effective date for the
Act, except for Section 7.
4:24:33 PM
CHAIR TOBIN asked for a review of the fiscal note for SB 266.
4:24:42 PM
DEBORAH RIDDLE, Operations Manager, Division of Innovation and
Education Excellence, Department of Education and Early
Development (DEED), Juneau, Alaska, said the fiscal note for SB
266, from the Department of Education and Early Development, OMB
component 2796, dated April 26, 2024, is a one-time expenditure
of $6,000 for the development of regulations with the Department
of Law.
4:25:21 PM
SENATOR KIEHL shared that when he and his wife homeschooled one
of their children, program funding partially assisted in
purchasing a computer for schoolwork. He noted the prohibition
on items purchased with homeschool support funds becoming
personal property and asked whether, under the current rules,
his daughter could have retained the computer she used for six
years.
4:26:19 PM
CHAIR TOBIN asked him to clarify if he meant in perpetuity or
for the full six years.
SENATOR KIEHL replied that he meant in perpetuity. He said he
recalled language in SB 266 prohibiting keeping textbooks
indefinitely and attaching items to a home.
4:26:48 PM
CHAIR TOBIN stated her belief that currently in regulation the
value of the computer would be depreciated over time and parents
may have the option to purchase the item at the depreciated
value.
4:27:11 PM
SENATOR KIEHL asked about the boundaries for purchasing items
like curriculum and noted that defining what qualifies as an
educational institution will likely be central to the
committee's considerations. He used McGraw Hill, a textbook
publisher, as an example, suggesting it presumably would not be
considered an educational institution.
4:27:46 PM
MR. MASON stated his understanding that textbooks would be an
authorized expense under SB 266, provided they are approved by
the correspondence program. He clarified that if McGraw Hill
produced textbooks approved by the program, those would qualify
as an allowable expense.
4:28:16 PM
CHAIR TOBIN referred to SB 266, page three, lines 3-13, which
directs the State Board of Education to adopt regulations
requiring the department and districts to approve expenditures
for correspondence study programs. She explained that these
regulations would define allowable expenses and be outlined
through the regulation process. Additionally, she highlighted SB
266, page four, lines 24-25, which provides school
administrators with some flexibility to approve specific
expenditures if they align with a student's Individual Learning
Plan.
4:29:29 PM
SENATOR KIEHL noted prohibitions in SB 266 on purchasing items
like clothing and PE equipment. He explained that while an
allotment could be used for part of the cost of a computer, it
could not be used to purchase a bicycle for PE. He mentioned
receiving questions via email about using allotments for PE
classes or instruction, such as a dance class or ski lesson, to
fulfill a physical education requirement. He asked for
clarification on the restrictions for such expenditures.
4:30:21 PM
SENATOR TOBIN referred to SB 266, pages 4-5, lines 26-2, which
provide guidance on allowable expenditures. She explained that
the 2008 regulations, chosen over the 2005 version, are more
permissive and allow students using a student fund account to
contract with private individuals for tutoring, fine arts,
music, and physical education as part of their learning plans.
She clarified that for other subjects, such as advanced math or
geophysics, a certificated teacher employed by the
correspondence program and qualified in those subjects is
required. However, private individuals may provide services for
fine arts, music, and physical education.
4:32:09 PM
CHAIR TOBIN opened public testimony on SB 266.
4:32:18 PM
LARAE SMITH, representing self, Houston, Alaska, testified with
concerns on SB 266. She said she is a graduate of the IDEA
correspondence program and a private music teacher. She said she
was confused over vague language in SB 266 regarding tutoring,
specifically the prohibition on private or religious educational
institutions, and questioned what qualifies as an "institution."
She also sought clarification on restrictions in SB 266, Section
3(b) regarding student fund accounts and Individual Education
Program (IEP) services, worried it might exclude music lessons.
Additionally, she opposed the prohibition in SB 266 on funding
for field trips and memberships, arguing that homeschool
students should have the same opportunities as public-school
students.
4:34:34 PM
CHAIR TOBIN clarified that the language on supplanting in SB 266
prohibits using district funds to replace federally obligated
funding required for a student's Individualized Education Plan
(IEP) under the federal Individuals with Disabilities Education
Act.
4:35:05 PM
MAUREEN CRUMLEY, representing self, Anchorage, Alaska, testified
in opposition to SB 266. She stated that parents should have the
ability to use funding for tutors in all core subjects,
equipment for physical education, and services from religious or
private educational institutions to best educate their children.
She stated that her community has excellent opportunities in
these areas, which should be accessible to all families. She
argued that the changes proposed in SB 266 appear to undermine
the current correspondence school program, potentially affecting
over 22,000 students. She concluded by asserting that SB 266
limits Alaska parents' ability to provide the best education for
their children.
4:36:35 PM
AMANDA WRAITH, representing self, Wasilla, Alaska, testified in
opposition to SB 266. She expressed her commitment to ensuring
all Alaskan children receive an education that meets their
unique needs and develops their individual gifts. She shared her
recent experiences supporting IDEA students at national
competitions, highlighting the valuable opportunities provided
by the correspondence program. She emphasized the need for
equitable funding, asserting that public funding available to
public schools should also be available for correspondence
programs. She criticized SB 266 for limiting educational
opportunities for students and described it as a harmful threat
to parents' rights and Alaska's education system.
4:39:09 PM
STACEY LANGE, representing self, Anchorage, Alaska, testified in
opposition to SB 266 arguing that it violates her fundamental
right as a parent to direct her child's upbringing and
education. She emphasized the importance of school choice,
stating that parents, not bureaucrats, are best suited to decide
what educational path is best for their children. Citing poor
educational outcomes in the Anchorage School District and
Alaska's low national rankings, she argued that SB 266, along
with recent correspondence school regulations, appears designed
to force families back into public schools. She referenced U.S.
Supreme Court rulings, including Pierce v. Society of Sisters
(1925), Espinosa v. Montana Department of Revenue (2020), and
Carson v. Makin (2022), which affirmed parents' rights to choose
religious schools under school choice programs without violating
the Free Exercise Clause of the First Amendment of the United
States. She asserted that SB 266 violates this clause and urged
its rejection.
4:41:31 PM
KATHERINE GARDNER, Deputy Superintendent, Business and
Operations, Matsu Borough School District, Palmer, Alaska,
testified on SB 266. She thanked the committee for reviewing
correspondence programs and allotments, noting that 16 percent
of Mat-Su School District students participate in these
programs. She shared that Mat-Su Central School is the
district's largest school and will move into a permanent
facility next year. She expressed support for correspondence
families and appreciation to the Senate Education Committee for
addressing this topic. She added that the Mat-Su School Board
will review the legislation and provide feedback in the future.
4:43:09 PM
STARLA HALBROOK, representing self, Fairbanks, Alaska, testified
in opposition to SB 266 highlighting the value of Alaska's
current homeschool laws, which she described as generous and
supportive of hands-on learning experiences that benefit her
children's education and health. She expressed concern over the
potential elimination of the rollover of unused funds, noting
that many families rely on these for high school education
expenses. She suggested increasing funding for high school
students to ensure adequate resources for graduation. She also
appealed to the Senate to keep mandatory testing optional,
emphasizing the role of advisory teachers in supporting
families.
4:45:41 PM
JOEL HALBROOK, representing self, Fairbanks, Alaska, testified
with concerns on SB 266. He stated that the allotment has made
schooling enjoyable and beneficial for his family. He shared
that it helps with purchasing resources like Legos for learning
robotics and science, as well as canvases and art supplies for
art and writing. He highlighted the ability to pay small fees
for IDEA clubs and access educational opportunities at museums
and zoos to learn about history, geology, and biology.
4:46:30 PM
SARAH GROVER, representing self, Fairbanks, Alaska, testified
with concerns on SB 266. She emphasized the importance of
maintaining the current funding structure and increasing funding
for high school students to expand their educational
opportunities. She noted the value of allowing access to tutors
and private education for subjects where parents may lack
expertise. She thanked the committee for supporting the program.
4:47:13 PM
ERICKA BEERY, representing self, Juneau, Alaska, testified in
opposition to SB 266 arguing that allotments are already subject
to strict oversight, including receipts and Individual Learning
Plan (ILP) alignment, and cannot be used for religious
materials. She described SB 266 as restrictive, likening it to a
vice pushing children back into neighborhood schools,
particularly by removing the option to opt out of standardized
tests, which she said yield delayed and unhelpful results. She
criticized SB 266 for restricting allotments for PE-related
expenses despite rising childhood obesity and diabetes rates.
She also opposed the prohibition on allotments covering parents
accompanying students to museums, noting that neighborhood
schoolteachers are not required to pay for field trips out of
pocket. She questioned who SB 266 benefits, asserting that it
does not serve the best interests of children.
4:49:58 PM
HOWARD BEERY, representing self, Juneau, Alaska, testified in
opposition to SB 266. He stated that the lawsuit prompting SB
266 arose from a single correspondence school misusing funds for
religious education, emphasizing that this was not
representative of all correspondence schools. He argued that one
incident should not lead to overhauling the entire system. He
also opposed the prohibition on rolling over funds, noting that
saving for costly endeavors like a pilot's license, which
supports trades needed in Alaska, would no longer be possible.
He questioned whether the National Education Association (NEA)
had any role in drafting SB 266 and urged legislators to
prioritize students over organizations like the NEA.
4:51:18 PM
LON GARRISON, Executive Director, Association of Alaska School
Boards, Juneau, Alaska, testified on SB 266. He expressed
support for SB 266 as a starting point to address the
constitutional violation identified by a superior court judge,
ensuring that correspondence programs can continue operating
within legal boundaries. He acknowledged that SB 266 would make
some changes to how correspondence programs are administered but
emphasized ASB's strong support for these schools. He
highlighted the 85-year history of correspondence programs in
Alaska, dating back to 1936, and their importance in providing
educational options in a geographically vast state. He said the
ASB looks forward to working on SB 266 to support public
education options like correspondence programs.
4:53:46 PM
EMILY FERRY, representing self, Juneau, Alaska, testified in
support of SB 266 emphasizing the need for homeschool families,
neighborhood schools, charter schools, teachers, and principals
to have support and certainty. She stated that resolving the
issues identified in the Superior Court decision quickly would
provide stability and allow focus to return to broader
challenges, such as underfunding and lack of investment in the
education system. She noted that her family values religious
education and skiing, which they personally fund, and argued
that it is reasonable to treat homeschool families equitably in
similar situations.
4:55:08 PM
MADELINE RANCH, representing self, Juneau, Alaska, testified in
opposition to SB 266. She expressed concern as a homeschool
student about the potential impact of SB 266 on students like
her who rely on correspondence programs to advance academically.
She shared her efforts to get ahead in her studies by completing
geometry over the summer and emphasized that many students,
including those struggling academically, benefit from
opportunities to improve through extra effort. She described her
family's financial challenges, including limited access to
technology, such as a computer, and stated that purchasing
necessary tools would be a significant burden. She shared that
her sister, after facing personal challenges, might need access
to homeschooling in the future, which SB 266 could hinder. She
concluded that SB 266 would negatively affect her and others
seeking a proper education.
4:57:45 PM
KIMBERLY BERGEY, Program Director, Raven Homeschool, testified
with concerns on SB 266. She stated that although she is based
in the Palmer-Wasilla area, she supervises the Raven Homeschool
program statewide. She emphasized the need to consider Alaska's
vast geography and dispersed families when reviewing SB 266. She
urged the committee to avoid creating equity issues between
urban and rural areas, highlighting that many rural communities
lack access to physical education facilities and must rely on
purchasing PE equipment for their children. She also pointed out
that some language in SB 266, such as the term "educational
institution," needs clarification to ensure consistent
interpretation. She cited past state purchases from entities
like North Dakota and Calvert Education and questioned how such
providers fit the definitions in SB 266.
5:00:19 PM
CHAIR TOBIN left public testimony open on SB 266.
5:00:43 PM
CHAIR TOBIN held SB 266 in committee.
5:01:01 PM
There being no further business to come before the committee,
Chair Tobin adjourned the Senate Education Standing Committee
meeting at 5:01 p.m.