HB 335-RAMPART SCHOOL: YUKON-KOYUKUK DISTRICT  CO-CHAIR DRUMMOND announced that the final order of business would be HOUSE BILL NO. 335, "An Act providing that Rampart School is located within the Yukon-Koyukuk School District regional educational attendance area; and providing for an effective date." [Not on the recording, but reconstructed from the committee secretary's log notes, was Co-Chair Drummond announcement of HB 335.] 9:14:04 AM HEIDI TESHNER, Acting Deputy Commissioner, Department of Education and Early Development, presented HB 335 on behalf of the sponsor, House Rules by request of the governor. She stated that the Rampart School is currently within the school boundaries of the Yukon Flat School District (YFSD). However, since fiscal year 2017 (FY 17), a memorandum of agreement (MOA) authorized the Yukon-Koyukuk School District (YKSD) to administer and operate the Rampart School. In April 2019 both the commissioner of DEED and the commissioner of the Department of Commerce, Community & Economic Development (DCCED) signed a decisional memorandum that effectively permitted the Rampart School to operate under YKSD. She stated that despite the Rampart School functioning under YKSD, residents of the community discovered they were not legal to vote on Yukon- Koyukuk School Board elections. She explained that under Article X, Section 6, of the Alaska State Constitution, the legislature serves as the assembly for the regional education attendance areas (REAAs) that are part of unorganized boroughs. Furthermore, she explained that [the decisional memorandum] cannot change school district boundaries, pursuant to AS 29.03.020, which would allow for maximum local participation, and allow the legislature to "establish, alter, or abolish school service areas within the unorganized borough". MS. TESHNER stated that HB 335 allows for the maximum local participation within the Yukon-Koyukuk School Board, and the legislature is the appropriate entity to authorize the Rampart School to become part of the YKSD. The community of Rampart aligns culturally and historically with communities in YKSD, and both school districts back placing the Rampart School within YKSD. The passage of HB 335 would result in a boundary change for the two REAAs, allowing parents of students at the Rampart School to participate in school board elections applicable to their community school. 9:17:34 AM REPRESENTATIVE CRONK stated that he is aware of this issue and is "thrilled" that the sponsor has put this forward. He recommended that the bill be passed quickly so the school districts can [proceed with their agenda]. In response to Co- Chair Drummond, he confirmed that the legislation directly affects the district he represents. 9:18:13 AM REPRESENTATIVE HOPKINS stated his support for HB 335. He acknowledged that the need for this school district change has been ongoing. He inquired whether this situation has previously happened in the state and whether the community has any say in the move. 9:18:50 AM MS. TESHNER answered that this situation is the only one she is aware of in the state, and the representatives from both districts and the community met and agreed to this move. 9:19:21 AM MS. TESHNER, in response to a question from Co-Chair Drummond, stated that the MOA has been in existence since 2017. The Rampart School reopened in 2016 under YFSD and in FY 17 transferred to YKSD. In response to a follow-up question, she stated that the funding goes with the school, not to the original district. Based on the MOA, DEED pays the school's funding to YKSD. 9:20:26 AM KERRY BOYD, Superintendent, Yukon-Koyukuk School District, Fairbanks, Alaska, stated her support for HB 335. She shared that she has worked in YKSD for 15 years and that both YKSD and YFSD support the bill. She stated that the discussion began when the Rampart Village Council sent a letter on April 19, 2016, requesting the school move from YFSD to YKSD. The chief of the village council, the school staff, and the members of community reached out to the YKSD, and since, she stated that the two districts have discussed the issue multiple times. The discussions resulted in both districts signing an MOA that called for YKSD to manage, administer, and operate the Rampart School. At yearly board meetings the two boards discussed the issue and posted public notices. She stated that the communities are culturally aligned and not opposed to the change. She said that since 2017, the MOA must be renewed annually by a time-consuming process; thus, a commitment now exists for a permanent boundary change to move the Rampart School into YKSD. Even so, she argued that the main reason for the permanent boundary change is the Alaska Division of Elections cannot use [the decisional memorandum] to recognize the village of Rampart as part of YKSD, therefore Rampart residents are not allowed to vote in the Yukon-Koyukuk School Board elections. She stated that due to the closure of the Rampart School, the facilities and buildings need updating and improvement. She indicated that YKSD would be responsible for this maintenance. She stated that the permanent boundary change would remove any property ownership or title questions. She suggested that the school boards and DEED have spent many hours on the process of annually approving the MOA and, she stated, "now your time" is being spent. MS. BOYD stated that since 2008 there has been a great deal of work and questions on how to make this boundary change. She stated the districts thought that they had found a solution when the commissioners of DEED and DCCED signed the decisional memorandum in 2019. However, that year, the director of the Alaska Division of Elections sent a letter invalidating the decisional memorandum. She stated that the Department of Law (DOL) nullified the decisional memorandum, announcing that the memorandum did not have the force of law. She stated that over the past few years the districts have been in contact with DOL in order to accomplish the permanent school district boundary change. She stated that for years the districts and communities have posted notices and had meetings; now HB 335 is in front of the this committee seeking a permanent resolution for the Rampart School. She voiced appreciation to the committee members for their public service and to the governor and his team for sponsoring the bill. 9:26:00 AM CO-CHAIR DRUMMOND stated she understood that the Rampart School closed for many years due to lack of population. She inquired whether the school had representation on the board of YFSD and would continue to have the representation. 9:27:12 AM MS. BOYD responded that at that time, the school did have representation in YFSD, and the residents were able to vote for board members; due to the MOA, they have looked to YKSD for representation. In response to a follow-up question, she stated that, as superintendent of YKSD, the Rampart School has been under her supervision. Responding to a subsequent follow-up question, she stated that once the bill passes, the Rampart School will have representation on the Yukon-Koyukuk School Board. 9:28:25 AM CO-CHAIR DRUMMOND opened public testimony on HB 335. After ascertaining that there was no one who wished to testify, she closed public testimony. CO-CHAIR DRUMMOND announced that HB 335 was held over.