Legislature(1997 - 1998)

02/12/1997 09:01 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
      SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE                     
                       February 12, 1997                                       
                           9:01 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Gary Wilken, Chairman                                                 
 Senator Loren Leman, Vice Chairman                                            
 Senator Lyda Green                                                            
 Senator Jerry Ward                                                            
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present.                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 36                                                            
 "An Act relating to transportation of public school students;                 
 relating to school construction grants; relating to the public                
 school foundation program and to local aid for education; and                 
 providing for an effective date."                                             
                                                                               
  - HEARD AND HELD                                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 36 - No previous Senate Committee action to record.                        
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Randy Phillips                                                        
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Prime sponsor of SB 36.                                
                                                                               
 Mayor Benjamin Nageak                                                         
 North Slope Borough                                                           
 PO Box 69                                                                     
 Barrow, Alaska 99723                                                          
  POSITION STATEMENT:   Suggested that in dealing with the formula,            
                      the focus be on the future of all of Alaska.             
                                                                               
 Jerry Burnett, Staff                                                          
 Senator Randy Phillips                                                        
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
  POSITION STATEMENT:   Reviewed the Alaska Public School Foundation           
                      Program and answered questions.                          
                                                                               
 Larry Wiget, Director                                                         
 Government Relations                                                          
 Anchorage School District                                                     
 4600 DeBarr Road                                                              
 Anchorage, Alaska 99519                                                       
  POSITION STATEMENT:   Supported rewriting the formula in a manner            
                      more equitable to Anchorage School District              
                      students.                                                
                                                                               
 Mary Frances                                                                  
 Alaska Association of Administrators                                          
 Petersburg Superintendent                                                     
 PO Box 289                                                                    
 Petersburg, Alaska 99833                                                      
  POSITION STATEMENT:   Discussed hold harmless, single site schools,          
                      and area cost differential.                              
                                                                               
 Fred Reeder, President                                                        
 Sitka School Board                                                            
 107 Shelikof Drive                                                            
 Sitka, Alaska 99835                                                           
  POSITION STATEMENT:   Reviewed concerns with SB 36.                          
                                                                               
 Tom Nicolos                                                                   
 Barrow City Council                                                           
 PO Box 629                                                                    
 Barrow, Alaska 99723                                                          
  POSITION STATEMENT:   Alarmed with the provisions of SB 36 which             
                      leave the children of the North Slope Borough            
                      without any state funding for education.                 
                                                                               
 Mayor Jim Vorderstrasse                                                       
 City of Barrow                                                                
 PO Box 629                                                                    
 Barrow, Alaska 99723                                                          
  POSITION STATEMENT:   Indicated that SB 36 was unfair.                       
                                                                               
 Scott Brandt-Erichsen                                                         
 344 Front                                                                     
 Ketchikan, Alaska 99901                                                       
  POSITION STATEMENT:   Discussed bringing the area cost differential          
                      in line with the actual cost of living.                  
                                                                               
 Dick Swarner, Executive Business Manager                                      
 Kenai Peninsula School District                                               
 148 N. Binkley                                                                
 Soldotna, Alaska 99669                                                        
  POSITION STATEMENT:   Suggested additional funding for the                   
                      foundation program and identified problems               
                      with the formula.                                        
                                                                               
 Patrick Doyle                                                                 
 PO Box 108                                                                    
 GlennAllen, Alaska 99588                                                      
  POSITION STATEMENT:   Expressed concern with the redistribution of           
                      funding that is far too small.                           
                                                                               
 Chris Campbell, Member                                                        
 Ketchikan Board of Education                                                  
 601 Main                                                                      
 Ketchikan, Alaska 99901                                                       
  POSITION STATEMENT:   Identified negative and positive areas of              
                      SB 36.                                                   
                                                                               
 Eddy Jeans, Manager                                                           
 School Finance Section                                                        
 Department of Education                                                       
 801 W 10th Street, Suite 200                                                  
 Juneau, Alaska 99801-1894                                                     
  POSITION STATEMENT:   Discussed the fiscal notes for SB 36.                  
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 97-10, SIDE A                                                           
                                                                               
                  SB  36 PUBLIC SCHOOL FUNDING                                
                                                                              
 Number 001                                                                    
                                                                               
  CHAIRMAN WILKEN  called the Senate Health, Education & Social                
 Services Committee (HES) to order at 9:01 a.m. and introduced  SB 36          
 as the only order of business before the committee.                           
                                                                               
  SENATOR RANDY PHILLIPS , Prime Sponsor, informed the committee that          
 the Anchorage School District has 38 percent of Alaska's                      
 enrollment, but the funding is 30 percent.  SB 36 would equalize              
 the playing field by bringing Anchorage's funding to 32 percent.              
 He reviewed the Department of Education's projected FY98 Foundation           
 Program  showing the impact of the various districts.  The four               
 school districts that would be adversely effected would be the                
 Lower Kuskokwim, the North Slope, Unalaska, and Valdez.  SB 36                
 would provide more money for K-12 education.  The school foundation           
 formula is broken and this bill attempts to revise the allocation.            
 SB 36 would provide more money in order to lower the pupil teacher            
 ratio (PTR).  The local tax burden would also be more equitable.              
 Under the current formula, for example, a $100,000 house in                   
 Anchorage contributes $400 in property tax towards education while            
 a similar valued house in Barrow would contribute $40.                        
                                                                               
 Number 175                                                                    
                                                                               
 SB 36 includes the funding of single site schools in the foundation           
 formula.  The bill also requires that a funding community have at             
 least 10 students in average daily membership (ADM).  This                    
 requirement will effect about 11 schools.  Senator Randy Phillips             
 said that his main motivation for this bill was the conditions in             
 his district - 31 children per classroom in the elementary schools.           
 The PTR needs to be lowered.  SB 36 does not add any money to the             
 formula.                                                                      
                                                                               
 In response to Senator Leman,  SENATOR RANDY PHILLIPS  said that              
 SB 36 was practically the same as the amended version of the bill             
 that came before the Senate last year.  Senator Randy Phillips                
 reviewed the history of the bill last year.                                   
                                                                               
  SENATOR LEMAN  noted that the reimbursement for pupil transportation         
 was added on the floor last year and was included in SB 36.                   
  SENATOR RANDY PHILLIPS  said yes, that was left in the bill.                 
                                                                               
  SENATOR GREEN  remembered that one of Senator Randy Phillips' bills          
 last year included a change in the calculation of the classroom               
 size or the divisor.  Is that included in SB 36?   SENATOR RANDY              
 PHILLIPS  said that was not in SB 36.   SENATOR GREEN  commented that         
 she felt that was an effective tool.   SENATOR RANDY PHILLIPS                 
 pointed out that with that 35 schools were negatively effected.               
                                                                               
 Number 237                                                                    
                                                                               
  SENATOR ELLIS  asked if there was a provision in the bill that would         
 fund the money if one of the negatively effected districts goes to            
 court.  Would a special session be called?  Would the instructional           
 unit value be reduced?   SENATOR RANDY PHILLIPS  did not know.  That          
 is a decision the Legislature and the Governor and the school                 
 districts would have to make.  Similar challenges between richer              
 and poorer school districts have occurred in California, Texas and            
 Oregon.  In all those cases, the courts made the playing field                
 level.  Senator Randy Phillips believed SB 36 would withstand a               
 court challenge.                                                              
                                                                               
  SENATOR ELLIS  commented that the question is not if litigation              
 occurs, but when.  That issue is worthy of discussion in this                 
 committee.  Why was a per capita distribution of funding not                  
 utilized in SB 36?   SENATOR RANDY PHILLIPS  said that he would like          
 to have 38 percent funding for the Anchorage district, but from a             
 statewide perspective educating a student in other areas costs                
 more.  SB 36 recognizes the cost differential.  Senator Randy                 
 Phillips reiterated that he was proposing this legislation because            
 of the intolerable PTR level in the Anchorage district and the                
 inequity in the allocation of funding.                                        
                                                                               
  SENATOR ELLIS  inquired as to the basis for which 32 percent funding         
 for Anchorage was chosen.  Why 32 percent instead of 33 percent?              
  SENATOR RANDY PHILLIPS  stated that the rationale behind the 32              
 percent was that it was a fair allocation.                                    
  SENATOR LEMAN  asked if Senator Ellis' 33 percent was calculated on          
 the basis of distribution per pupil with the adjustment for cost of           
 living in various communities.   SENATOR ELLIS  said that he just             
 picked a number in order to determine why 32 percent was chosen and           
 what was the basis of the fairness test.   SENATOR RANDY PHILLIPS             
 said that the percentage was based on his sense of fairness.                  
 Senator Randy Phillips reiterated that the Legislature must address           
 the school foundation formula.                                                
                                                                               
 Number 359                                                                    
                                                                               
  SENATOR LEMAN  did not want to leave the impression that this                
 legislation is Anchorage versus the rest of Alaska.  Most everyone            
 would agree that the existing foundation formula is inequitable,              
 however what is considered inequitable is probably determined by              
 the school district from which one comes and whether there would be           
 a gain or a loss.  Senator Leman said that most would recognize               
 that some school boards take advantage of the formula by                      
 manipulating certain areas which this bill attempts to address.               
 SB 36 attempts to distribute equitably.                                       
                                                                               
  SENATOR RANDY PHILLIPS  reiterated that SB 36 is a proposal.  He             
 said that he could only speak with authority and knowledge about              
 the Anchorage School District.                                                
                                                                               
  SENATOR ELLIS  was interested in why the bill did not change other           
 categorical funding besides the gifted and talented program and the           
 bilingual program.  Senator Ellis asked if SB 36 addressed the area           
 cost differential which many feel is the most inadequate piece of             
 the formula.  If not, why was it not addressed?   SENATOR RANDY               
 PHILLIPS  did not believe the existing area cost differential was             
 adequate, however this portion is very controversial.  SB 36 takes            
 one step at a time, dealing with one 'battle' at a time instead of            
 all at once.  Senator Randy Phillips said that his staff would                
 address the question further.  In response to Senator Ellis,                  
 Senator Randy Phillips said that he did not give any thought to the           
 distribution of money in the formula being tied to student                    
 achievement or implementation of higher standards or improvement in           
 the quality of the system.  That can be considered later.                     
                                                                               
 Number 417                                                                    
                                                                               
  SENATOR WARD  asked if there had been any discussion regarding               
 phasing in the reductions of the four districts who would be                  
 adversely effected.   SENATOR RANDY PHILLIPS  replied yes.  This              
 committee and the Finance Committee will have to collectively                 
 decide this.                                                                  
                                                                               
  CHAIRMAN WILKEN  announced his intention to work as much as possible         
 on SB 36 in order to pass it on to Finance.                                   
                                                                               
 SENATOR RANDY PHILLIPS  commented that he was willing to work on              
 this legislation with everyone and did not want to leave an                   
 impression otherwise.  He thanked the committee for its time.                 
                                                                               
  CHAIRMAN WILKEN  reviewed the plan for taking testimony.                     
                                                                               
  MAYOR BENJAMIN NAGEAK , Mayor of the North Slope Borough, emphasized         
 that this is a direct discussion on the future of Alaska.  There is           
 nothing more important than the children of Alaska.  He said that             
 often Alaskans do not fully appreciate the complexities of life on            
 the North Slope.  SB 36 does not represent a responsible approach             
 to educating Alaskan children; a broader and more equitable                   
 commitment is called for.  Mayor Nageak pointed out that the North            
 Slope Borough School District is one-third the size of California             
 which illustrates the obstacles resulting from the remote location.           
 A flight to Anchorage from Barrow is cheaper than visiting one of             
 the villages in the borough.  Further, the flying conditions in               
 Barrow are no better than those in Juneau.  Mayor Nageak emphasized           
 that it is more expensive to educate a child on the North Slope               
 Borough than anywhere else in Alaska.  Studies show that it costs             
 $20,000 per student per year on the North Slope to deliver the same           
 basic education that is delivered in Anchorage for $7,000 per                 
 student per year.                                                             
                                                                               
 Mayor Nageak acknowledged the fortune of the North Slope by having            
 an oil field.  In the past years, the North Slope has suffered                
 annual cuts resulting in the elimination of programs and staffing.            
 He expressed concern that even without SB 36 more cuts lay ahead.             
 Mayor Nageak emphasized that the question being addressed should              
 not be how to divide up funding that is not adequate, but rather              
 the question should be how all children can be cared for and                  
 educated in Alaska.  In conclusion, Mayor Nageak suggested the                
 focus be on the importance of education for all Alaskans and the              
 future of Alaska.                                                             
                                                                               
  SENATOR LEMAN  requested that Mayor Nageak fax the committee his             
 testimony.                                                                    
                                                                               
 Number 514                                                                    
                                                                               
  JERRY BURNETT , Staff to Senator Phillips, reviewed the current              
 foundation formula with overheads. (See Attachment A)  He explained           
 that the deductible PL874 is federal impact aid which is received             
 by the school districts in lieu of property taxes.  Mr. Burnett               
 noted that the required local effort is changed from the current 4            
 mills, 35 percent of basic need, to 4.5 mills property tax                    
 equivalent, 100 percent of basic need, in SB 36.  Mr. Burnett then            
 reviewed the components of the formula which include the funding              
 community, unit calculation, unit value, and area cost                        
 differential.  In SB 36 the minimum size of a funding community is            
 10 students, and where there is only one funding community in a               
 small school district that school district qualifies for single               
 site funding in the formula.  With regard to the unit value, Mr.              
 Burnett indicated that inflation adjustment of the unit value was             
 a policy choice.  Other governmental entities have not been                   
 adjusted for inflation or population increases as school districts            
 have.  Although bilingual and gifted and talented programs, SB 36             
 does not change the funding for special education programs.  This             
 is also a policy choice for the Legislature.  SB 36 does not                  
 address area cost differential, although this could be addressed by           
 school district or for each funding community within a school                 
 district.  Mr. Burnett reviewed the unit calculation and reiterated           
 that in SB 36, if a funding community has less than 10 students the           
 basic unit is not received, but counted within the largest funding            
 community within the district.                                                
                                                                               
 Number 577                                                                    
                                                                               
  SENATOR LEMAN  pointed out that the overhead's reference to very             
 small districts, "1-120 students = 5-12 students per unit"; should            
 that number actually be one?   JERRY BURNETT  was not positive.  A            
 funding community would not be created with only one student.                 
                                                                               
  JERRY BURNETT  addressed Senator Green's question regarding the              
 elementary divisor which was included in a bill from a previous               
 year.  Those divisors are a policy choice that the committee could            
 consider.  Mr. Burnett continued with the overheads referring to              
 the bilingual units of the unit calculation.                                  
                                                                               
  TAPE 97-10, SIDE B                                                           
                                                                               
 Mr. Burnett stated that SB 36 does change the categorization for              
 bilingual units.  Under SB 36 the gifted and talented category                
 remains 40 students per unit, the change is that four and one-half            
 percent in each school district is considered gifted and talented.            
 Therefore, there is no identification required for the gifted and             
 talented program.                                                             
                                                                               
  SENATOR GREEN  asked if there was not a requirement that there be a          
 gifted and talented program in a district.   JERRY BURNETT  said that         
 was not addressed in the legislation, but the department could                
 review review the current requirements of gifted and talented                 
 education.                                                                    
                                                                               
  JERRY BURNETT  continued with the unit calculation and the                   
 vocational students which are not addressed by SB 36.  He noted               
 that other proposals group special education units as a whole, a              
 block of money.  Again, that is a policy choice.                              
                                                                               
 Mr. Burnett continued with the relationship between local valuation           
 and education funding under the current Foundation Program.  He               
 reviewed an example to illustrate the relationship between local              
 value and state revenue which determines the basic need.  The basic           
 need is then adjusted with the deductible PL874 and the required              
 local effort which results in the foundation funding.  Mr. Burnett            
 mentioned that the deductible PL874 is included in the formula                
 under SB 36.  This is important to consider due to the federal law            
 requiring that the disparity be no more than 25 percent between the           
 highest and lowest districts including local contribution if the              
 PL874 is included in the formula.  That too is a policy choice.               
 With regards to the required local effort, all but three school               
 districts in Alaska use the 4 mill equivalent because enough                  
 revenue is not generated to reach the 35 percent.  Under SB 36, the           
 tax equivalent is changed to 4.5 mill which reduces the state's               
 contribution in every district that has a required local effort.              
 Without the 35 percent cap, some school districts will contribute             
 beyond the 35 percent and up to 100 percent of their basic need.              
 Mr. Burnett used a graph to illustrate the relationship between               
 local value and total revenue of a typical district.  In current              
 law, the local excess contribution is limited to 23 percent of the            
 basic need in order to prevent the disparity from being beyond 25             
 percent.                                                                      
                                                                               
 Number 524                                                                    
                                                                               
 Mr. Burnett said that the main change in SB 36 is the required                
 local effort.  SB 36 establishes supplemental equalization which              
 means that an additional contribution of state and local funds goes           
 to the school district.  That contribution is based on the ADM in             
 the district and on 2.5 mills of the average assessed valuation in            
 Alaska.  Therefore, every school district receives an excess                  
 contribution whether there is a local tax base or not.  School                
 districts with a local tax base are required to contribute based on           
 the local assessed valuation and how that relates to the state's              
 average.  Mr. Burnett concluded his overhead presentation and                 
 offered to answer any questions.                                              
                                                                               
  SENATOR ELLIS  inquired as to why SB 36 changes some categorical             
 funding, but not all.   JERRY BURNETT  said that those changes were           
 made in Senate Finance last year with SB 70.   SENATOR ELLIS  said            
 that he would like the courtesy of an answer for the basis of those           
 choices.                                                                      
                                                                               
  CHAIRMAN WILKEN  asked for testimony from Deborah Germano in Homer,          
 but the moderator informed the committee that Ms. Germano's                   
 testimony had been faxed to the committee.                                    
                                                                               
 Number 485                                                                    
                                                                               
  LARRY WIGET , Director of Government Relations for the Anchorage             
 School District, supported the rewriting of the public school                 
 foundation formula in a manner more equitable for Anchorage School            
 District students.  He appreciated Senator Randy Phillips' efforts.           
 With a rewrite of the formula, the Anchorage district does not                
 expect to receive 38 percent of available funding, but greater                
 equity and distribution of funds is necessary.  Most urban                    
 districts in Alaska spend $6,000-$7,000 per student from their                
 general fund while Anchorage spends $5,800 and rural districts                
 $12,000-$15,000 per student.  There may be valid reasons for these            
 differences; however, students have needs that are not being met in           
 urban areas which require additional state funding.  Mr. Wiget                
 recognized benefits of an "economy of scale," but stressed that the           
 Anchorage School District faces its own unique circumstances.  The            
 Anchorage community has indicated reluctance to support increased             
 taxes.  Mr. Wiget informed the committee that if the Assembly                 
 approves Anchorage's proposed budget, the taxpayers of Anchorage              
 will find their property taxes raised by $20 million in order to              
 cover increased educational costs which includes debt reimbursement           
 from 1996, 1997, 1998.                                                        
                                                                               
 Mr. Wiget emphasized that Anchorage has taken extensive program               
 cuts for several years, the instructional program cannot continue             
 to be cut while expecting to accomplish its education mission.  For           
 example, there are no resources to reduce class sizes; the average            
 PTR is 25 to 1 in grades 1-6, 28 to 1 in grades 7 and 8, and 30 to            
 1 in grades 9-12.  Further the Anchorage district does not have the           
 resources to increase the much needed instructional technology.               
 Mr. Wiget noted that major cost containment efforts have been                 
 undertaken, but informed the committee that there is no money in              
 the proposed budget for salary increases to the four employee                 
 groups which must be bargained this year nor for exempt employees             
 which includes the teachers.                                                  
                                                                               
 Mr. Wiget said that the Anchorage district has experienced moderate           
 growth, but increases within the student population is seen in                
 bilingual and special education students.  This year alone the                
 bilingual population in Anchorage has increased by 25 percent.  He            
 supported the following: providing the same level of reimbursement            
 for districts who own their own transportation equipment as well as           
 those under contract, recognizing students in relocatable                     
 facilities as unhoused (currently, there are 148 relocatable units            
 in Anchorage), reducing the elementary divisor from 17 to 16 for              
 districts with an ADM of over 550,  examining other ideas that                
 would provide greater equity to the foundation formula funding.  He           
 pointed out that the instructional unit has not changed since 1992            
 when it was $61,000 which had been increased from $60,000 in 1987.            
 At the same time the CPI had risen over 31 percent.  In conclusion,           
 Mr. Wiget supported rewriting the school foundation formula.                  
                                                                               
 Number 421                                                                    
                                                                               
  SENATOR ELLIS  asked if Mr. Wiget would support an increase in the           
 percentage from 32 percent to 34 percent.  In response,  LARRY WIGET          
 said yes.  Mr. Wiget did not believe that the Anchorage district              
 would receive the 38 percent of the funding.  Mr. Wiget reiterated            
 his commitment to work with the Legislature and the Governor on               
 this issue.  Mr. Wiget clarified that there are 148 relocatables in           
 the Anchorage School District.                                                
                                                                               
  MARY FRANCES , Alaska Association of School Administrators, believed         
 that the committee had received a letter from Steve McPhetres                 
 regarding the association's position and concerns about SB 36.  Ms.           
 Frances highlighted the association's support of lowering the hold            
 harmless in districts losing enrollment from 10-5 percent as well             
 as resolving the single site issue.  However, the association does            
 support a hold harmless clause in any funding formula that would              
 treat all districts equally without exception.  The association               
 also supports an updated analysis of the area cost differential.              
                                                                               
 Ms. Frances, speaking as the Petersburg Superintendent, underscored           
 her previous comments on the area cost differential.  Petersburg is           
 a single site with an area differential of one.  Petersburg is on             
 an island, not unlike the communities on Prince of Wales who have             
 an area cost differential break, although Price of Wales is closer            
 to a major community.  This is an example of when the area cost               
 differential is not appropriate and should be addressed.                      
 Petersburg also contributes at the maximum local contribution for             
 education.  Funding at the value of the instructional unit would              
 leave no room for additional money.  Petersburg contributes at                
 about 35 percent with locally raised dollars.                                 
                                                                               
 Number 348                                                                    
                                                                               
  FRED REEDER , President of Sitka School Board, commented that Sitka          
 cannot afford a government relations position.  Mr. Reeder                    
 identified the following concerns with SB 36.  The inflation index            
 is not addressed in the bill which is one of the main problems with           
 the current formula.  Sitka, on an island like Petersburg, has an             
 area cost differential of one as does Anchorage; however, things              
 cost more in Sitka than Anchorage.  The bill treats all districts             
 with enrollment of 900 over the same even though a district of                
 1,700 is very different than one of 40,000.  The money to have one            
 expert gets diffused in a district of 1,700 versus one of 40,000;             
 there are some economies of scale to consider.  Further, the Sitka            
 district is opposed to the cap.  The Sitka community is already               
 contributing at an 8 mill equivalent and now the community is being           
 asked to contribute more.  Mr. Reeder indicated that problem could            
 be attributed to the area cost differential and the lack of                   
 inflation proofing.                                                           
                                                                               
  TOM NICOLOS , Barrow City Council, was alarmed with the provisions           
 of SB 36 which leave the children of the North Slope Borough                  
 without any state funding for education.  Under SB 36, the North              
 Slope Borough will lose approximately $12 billion of the state                
 education funding currently received.  Furthermore, the North Slope           
 Borough will lose $34 million in recaptured funds which equals a              
 total loss of $46 million.  The North Slope Borough's total                   
 operating budget is about $167 million of which much is dedicated             
 to retiring its debt service.  The loss of $46 million is 25                  
 percent of the borough's total operating budget.  Any municipality            
 in Alaska would be devastated by such a loss.  Mr. Nicolos pointed            
 out that the Alaska Constitution, Section 7.1 requires that the               
 Legislature establish and maintain a system of public schools.                
 Under SB 36, the children of the North Slope Borough will not                 
 receive any funding for public schools for the State of Alaska                
 which seems to be in conflict with the Alaska Constitution.  In               
 what position does this leave the State of Alaska?  What happens              
 when the borough, locally, is not able to fund education due to               
 millions of its dollars supporting education for every student in             
 Alaska except its own?                                                        
                                                                               
 With regards to Senator Randy Phillips' comments, Mr. Nicolos said            
 that tax revenue from a $100,000 home in Barrow $230 goes towards             
 education not $40 as the Senator stated.  Further, a $100,000 home            
 in Anchorage would be appraised at $200,000 in Barrow.  The North             
 Slope does pay its fair share for education.                                  
                                                                               
 Number 264                                                                    
                                                                               
  MAYOR JIM VORDERSTRASSE , City of Barrow, felt threatened by SB 36.          
 Alaska collects revenue from the North Slope while very little of             
 that returns to the North Slope.  The people of the North Slope               
 have placed education over their personal comfort voting to fund              
 education at the local level rather than have running water.  Now             
 that the infrastructure has been built, money is necessary to                 
 maintain and operate the school.  Mayor Vorderstrasse echoed Mr.              
 Nicolos' comments regarding the cost comparison of Anchorage and              
 Barrow.  It is not fair to take the North Slope's money and leave             
 them with nothing.                                                            
                                                                               
  SCOTT BRANDT-ERICHSEN  informed the committee that he was the                
 Ketchikan Borough Attorney and Legal Counsel for the Ketchikan                
 School District, however Mr. Brandt-Erichsen was not testifying in            
 that capacity.  Through his work for the school district, Mr.                 
 Brandt-Erichsen reviewed the current foundation formula and its               
 legality.  His discoveries motivated him to testify today.  Mr.               
 Brandt-Erichsen discussed various approaches such as the                      
 concentration of resources on low test score districts, the per               
 capita approach, and the notion that the state could collect 4 or             
 5 mills from all districts and distribute 100 percent of the funds.           
 There are policy reasons to support each approach.                            
                                                                               
 Number 198                                                                    
                                                                               
 Under the current formula, Mr. Brandt-Erichsen identified the area            
 cost differential as an error.  A June 1996 Department of Labor               
 report using 100 as a base value, stated that the cost of living in           
 Ketchikan was 119.  The area cost differential for Ketchikan is               
 1.00.  In comparison, St. Marys has the same cost of living                   
 reported as Ketchikan, 119, but an area cost differential of 1.3.             
 He reviewed other Southeast Alaska cost of living numbers and their           
 area cost differentials.  Mr. Brandt-Erichsen explained it is a               
 multiplier, not the actual cost of living.  Therefore, Ketchikan              
 experiences a loss of $11,000 per instructional unit which results            
 in no school nurses in the elementary school, less librarians for             
 the entire district, half-time Physical Education teachers, and no            
 counselors this year.  If the area cost differential reflected the            
 true cost of living, Ketchikan could have these positions.  In                
 conclusion, Mr. Brandt-Erichsen stated that SB 36 is a good effort,           
 but emphasized without a correction of the area cost differential             
 it will fall short.                                                           
                                                                               
  DICK SWARNER , Executive Director for Business Management for the            
 Kenai Peninsula School District, acknowledged that SB 36 gives the            
 Kenai Peninsula more money and noted that the Governor's bill would           
 be introduced this week.  Without additional money to the formula,            
 Mr. Swarner said that adjustments to the formula would result in              
 winners and losers.  Therefore, gathering support for such a bill             
 is difficult.  Mr. Swarner suggested that additional funding be               
 placed in the rewrite of the foundation program.  There are obvious           
 discrepancies in the formula that require adjustment.  For example,           
 the area cost differential needs to be revised.  The Kenai                    
 Peninsula also has a 1.00 area cost differential, although the                
 district has some schools that can only be visited by plane as is             
 the case in some bush districts.  There are no distinctions in area           
 cost differential for those schools in outlying areas of the Kenai            
 district.  Mr. Swarner also recommended that the transportation               
 funding be kept a separate item instead of being included in the              
 foundation program.                                                           
                                                                               
 Number 129                                                                    
                                                                               
  PATRICK DOYLE , testifying from GlennAllen, pointed out that the             
 declining facilities in the Copper River District and the entire              
 state was not addressed.  Mr. Doyle reiterated the concern of                 
 redistributing funding that is not enough.  No new money has been             
 added to the unit value since 1987.  With regard to the 10 student            
 ADM, two schools in the Copper River District have 8-10 students on           
 a regular basis.  If those schools were eliminated, those children            
 would have to ride a bus two to two and one-half hours in 35-50               
 degrees below zero weather.  Mr. Doyle wondered if any                        
 consideration had been given to such a situation.                             
                                                                               
  CHRIS CAMPBELL , Ketchikan Board of Education member, stated that if         
 the Legislature did not increase funding for the foundation formula           
 for COLA, the only alternative is to redistribute money from the              
 wealthier districts to the needier districts.  The Ketchikan                  
 Borough traditionally funds to the cap, but Ms. Campbell noted that           
 Ketchikan was also facing social and economic impacts from the                
 closure of the Ketchikan Pulp Company.  She reiterated Mr. Brandt-            
 Erichsen's comments regarding the cuts that the Ketchikan School              
 District has faced.  Further, the technology purchases are funded             
 almost entirely from contributions through parent-teacher                     
 organizations.                                                                
                                                                               
 Ms. Campbell supported the specified ADM of 10 students in SB 36.             
 If parents choose to live in remote areas in Alaska as did her                
 parents, correspondence courses could be used as she used.  Ms.               
 Campbell believed that including the single site school districts             
 would reduce the politics in that situation.  Also taking a student           
 count at the end of November would provide a more realistic basis             
 for determining the number of students receiving instruction                  
 throughout the entire school year.  Ms. Campbell also supported the           
 change in assessment of declining student enrollment from 10 to               
 five percent.  The impacts resulting from the closure of the                  
 Ketchikan Pulp Company may be offset by the aforementioned feature.           
                                                                               
  SENATOR ELLIS  asked Ms. Campbell if she agreed with Mr. Brandt-             
 Erichsen that this bill should address the area cost differential.            
  CHRIS CAMPBELL  replied, yes.                                                
                                                                               
 Number 030                                                                    
                                                                               
  SENATOR ELLIS  pointed out that the Senator from Ketchikan was a Co-         
 Sponsor of SB 36.                                                             
                                                                               
  CHAIRMAN WILKEN  thanked Mr. Frank Hill for listening in from King           
 Salmon.  Chairman Wilken thanked all the teleconference                       
 participants.                                                                 
                                                                               
  EDDY JEANS , Manager of the School Finance Section of the Department         
 of Education (DOE), noted that DOE had prepared two fiscal notes              
 for SB 36, one for pupil transportation and one for the foundation            
 program.                                                                      
                                                                               
  TAPE 97-11, SIDE A                                                           
                                                                               
 Mr. Jeans began discussing the fiscal note dealing with pupil                 
 transportation.  He said that the proposed amendment would cost an            
 additional $1.6 million in general fund in order to fully reimburse           
 Anchorage for their district operated transportation services.                
 That section also includes costs for administration of those                  
 services which includes routing, crossing guards, and a                       
 transportation coordinator.  Currently, other school districts are            
 not reimbursed for those costs.  Mr. Jeans pointed out that the two           
 fiscal notes combined would add approximately $38 million into                
 education provided these are fully funded.                                    
                                                                               
 Mr. Jeans turned to the fiscal note for the foundation program.               
 Section 4 increases the required local contribution by                        
 municipalities from 4 mills to 4.5 mills across the state.  That is           
 capped at the district's basic need which effects one district, the           
 North Slope Borough.  Section 5 requires any excess generated by              
 the 4.5 mill tax levy to be returned to the State of Alaska.                  
 Therefore, $34,500,000 in revenue would support the total increase            
 of approximately $36 million.  DOE does not believe that this money           
 would be collected and available for distribution in the year of              
 implementation of this proposal.  The North Slope Borough would               
 take the State of Alaska to court and tie the money up in                     
 litigation.  Therefore in order to fully fund these changes, an               
 additional appropriation of $34 million would be required from the            
 Legislature or the instructional unit value would need to be pro-             
 rated.  The unit value is estimated to be approximately $58,300.              
                                                                               
 Number 070                                                                    
                                                                               
 Mr. Jeans explained that the increase in the required local effort            
 under Section 4 also effects the amount of impact aid the state can           
 deduct.  Sections 6 and 7 establish a minimum funding community at            
 10.  If a funding community fell below 10 ADM, then those children            
 would be counted at the largest funding community within the school           
 district.  Section 8 adds a single site table.  Section 11 changes            
 the bilingual units to a single weight.  Currently, there are three           
 weight categories established in regulation.  This would allow one            
 statutory weight, .021, to apply to all bilingual students.  Where            
 there are increases in Section 11, one can assume that the number             
 of bilingual students in that district are on the lower end of the            
 scale regarding weighing factors.  Where there are brackets, one              
 can assume that the district has a larger percentage of their                 
 students at the higher end of the scale.  Section 12 establishes              
 instructional units for gifted and talented.  The gifted and                  
 talented allocation is removed from the special education component           
 and establishes its own component.  The gifted and talented                   
 allocation is based on 4.5 percent of the population.  Therefore,             
 4.5 percent of a district's ADM would be multiplied by the current            
 weight factor in statute, .025, in order to determine the gifted              
 and talented allocation.  Based on the changes of bilingual                   
 education and gifted and talented, there would be some adjustments            
 to the supplemental aid of REAA, but the specific statute is not              
 effected by SB 36.  Section 13 adds supplemental equalization by              
 providing an allocation to districts which is shared between the              
 state and local municipalities based on their ability to pay.                 
 Districts with an assessed value per student below the statewide              
 average would receive a larger share of state aid.  Those districts           
 with wealth above the statewide average would be required to                  
 contribute a higher share.                                                    
                                                                               
 Number 137                                                                    
                                                                               
  SENATOR ELLIS  asked if the 4.5 percent for the gifted and talented          
 program was based on a national figure.   EDDY JEANS  said that the           
 4.5 percent is at the statewide average.  Also a Special Education            
 Task Force in 1993 made a recommendation that there be an                     
 allocation based on 4.5 percent.  In response to Senator Ellis, Mr.           
 Jeans acknowledged that perhaps there is a perception that some               
 districts do over identify gifted and talented.  The change does              
 address that possibility by making it a single allocation.  SB 36             
 does not require the identification of gifted and talented                    
 children, it only makes an allocation based on 4.5 percent of the             
 population.                                                                   
                                                                               
  SENATOR ELLIS  asked if there was a national number that specified           
 the correct percentage for gifted and talented students in a given            
 population.   EDDY JEANS  said that he could provide the national             
 average to Senator Ellis.                                                     
                                                                               
  SENATOR ELLIS  asked Mr. Jeans to review the PL874 figures.   EDDY           
 JEANS  explained that under the impact aid law, when a school                 
 district has a required local contribution there is a proportional            
 calculation provision .  A proportional calculation means that when           
 there is excess contributions over the requirement, a percentage is           
 calculated which is applied against the amount of impact aid to be            
 deducted.  Since the required local effort has increased, more                
 impact aid can be deducted from those districts.  This is a side              
 effect of the increase in the required local effort.                          
                                                                               
 Number 184                                                                    
                                                                               
 In response to Chairman Wilken,  EDDY JEANS  understood that the              
 Administration's plan for the foundation program would be                     
 introduced today.                                                             
                                                                               
  CHAIRMAN WILKEN  requested that the table showing the change in              
 bilingual and special education in comparison to the change in ADM            
 over the years.  Chairman Wilken also asked Mr. Jeans to determine            
 the amount of money Delta Junction receives for special education.            
  EDDY JEANS  said that he would get that information for the Chair.           
                                                                               
                                                                               
  SENATOR ELLIS  extended his request to DOE regarding the basis for           
 the figures of categorical funding.                                           
                                                                               
  SENATOR WARD  asked if it was the intention of the committee to              
 identify the differences between SB 36 and the Governor's                     
 legislation.   CHAIRMAN WILKEN  expected to hear the Governor's bill          
 with SB 36.  Further, a comparison of the two is forthcoming.                 
                                                                               
   There being no further business before the committee, the meeting           
 was adjourned at 10:50 a.m.                                                   
                                                                               

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