SB 198-RAMPART SCHOOL: YUKON-KOYUKUK DISTRICT  9:06:01 AM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 198 "An Act providing that Rampart School is located within the Yukon-Koyukuk School District regional educational attendance area; and providing for an effective date." 9:06:24 AM HEIDI TESHNER, Administrative Services Director, Department of Education and Early Development, Juneau, Alaska, said Commissioner Johnson had hoped to be present but was traveling. She noted that Commissioner Johnson expressed wholehearted support for SB 198 and urged its quick passage to help the students of Rampart. MS. TESHNER stated that the Rampart school is currently part of the Yukon Flats School District because it is located within its boundary. However, by a memorandum of agreement (MOA), the Yukon-Koyukuk School District (YKSD) has been administering and operating the Rampart school since FY 2017. The administration attempted to change the boundary through a decisional memorandum in April 2019, but school district boundaries cannot be changed by administrative agreement. This leaves residents in the Rampart area unable to vote for Yukon-Koyukuk School Board members. Yukon Koyukuk and Yukon Flats are regional educational attendance areas that are part of the unorganized borough. According to the Alaska State Constitution, Article 10, Section 6, legislative action is required to change the boundary. AS 29.03.020 states, "Allowing for maximum local participation, the legislature may establish, alter, or abolish service areas within the unorganized borough to provide special services, that may include schools." SB 198 allows for maximum local participation with the Yukon-Koyukuk School Board. The legislature is the appropriate entity to provide authorization for Rampart to be part of the Yukon-Koyukuk School District (YKSD). Furthermore, the community of Rampart is culturally and historically aligned with the communities in the Yukon-Koyukuk district, and both school districts favor the change. 9:10:04 AM CHAIR HOLLAND opened invited testimony on SB 198. 9:10:29 AM LAURIE THOMAS, President, Yukon Flats School Board, Fort Yukon, Alaska, stated that she knows the history of Rampart school well from serving on the school board for 20 years. The Yukon Flats school board closed Rampart many years ago. The Rampart community approached the board about reopening several years ago. School board members met with the community and tribal administrators before voting to reopen the school. It was determined following enrollment that it was logistically prudent for Rampart to be in the Yukon-Koyukuk School District. A memorandum of agreement was penned and voted on. The memorandum was upheld every fall; therefore, SB 198 was put forward. She stated she approves of the request on behalf of the Yukon Flat School District to redistrict Rampart to the Yukon-Koyukuk School District. 9:14:09 AM KERRY BOYD, Superintendent, Yukon-Koyukuk School District (YKSD), Fairbanks, Alaska, stated she has worked for the Yukon- Koyukuk School District for 15 years and is in favor of SB 198 permanently moving Rampart into the Yukon-Koyukuk School District. Rampart is currently in Yukon Flats School District. Rampart Village Council requested to move the school boundary to Yukon-Koyukuk in a letter dated April 9, 2016. Discussions were held, and all entities were in favor of redistricting. A memorandum of agreement (MOA) was signed, and school district attorneys ensured proper procedure was followed. MS. BOYD said that since July 1, 2017, the MOA has been in effect through the annual approval of both school boards. It became apparent that a permanent boundary change was needed to clarify ownership and maintenance of the school and its facilities. The change would also allow Rampart residents to vote in Yukon-Koyukuk's school board elections since the Division of Elections could not use the MOA to recognize an official boundary change. Searching for a way to make a permanent change has been time-consuming. Since 2018 both school districts have worked with local legislators, the executive branch, and other agencies. On April 11, 2019, the commissioners from the Department of Commerce, Community and Economic Development (DCCED), and Department of Education and Early Development (DEED) signed a decisional memorandum to recognize a permanent school district boundary change. On August 1, 2019, the director of elections determined that the memorandum did not have the force of law and could not be used to change the boundary. Both school districts have worked with the Department of Law for two years on how to proceed. SB 198 is a simple straight forward permanent resolution. She asked for the committee's assistance in establishing a permanent boundary change and expressed appreciation to Governor Dunleavy and his administration for sponsoring SB 198. 9:18:57 AM SENATOR BEGICH asked if SB 198 did not pass would she continue working as the superintendent for YKSD. MS. BOYD responded that she has a few good years left, hopes the committee does not say no. 9:19:17 AM SENATOR HUGHES recalled that Rampart is located southwest of the Yukon River. She said she is concerned about setting a precedent and asked whether the boundary change would be a borderline expansion or a carve-out. MS. BOYD replied the change would slightly enlarge YKSD's boundary. She stated that Rampart is culturally similar to YKSD, which is 99 percent Athabaskan. It is what started the border change discussion. Rampart wanted to participate in the Native language and other courses YKSD offers. It is not a problem for YKSD, and school board members want to support Rampart school students. 9:20:46 AM SENATOR HUGHES asked if someone from DEED could answer whether the border change would be contiguous and adhere to any rules that may exist regarding school district boundaries. She stated she did not oppose the change. MS. TESHNER replied the change would be contiguous. The borderline expands to include Rampart and nothing would be cut out of the middle. SENATOR HUGHES asked if there were any rules or guidelines regarding school district boundaries, such as not cutting out of the middle. MS. TESHNER stated this is the only district she knows that needs to shift a boundary for a school. She speculated that if the census of a community were affected, then a limit would need to be set on how much area could be carved out. She stated that she would want clear language limiting the amount of area that could be cut from the middle of a district if the situation arose. 9:22:27 AM SENATOR MICCICHE said he had no concerns with SB 198 after learning about the five-year trial period and talking to people from those districts; without the change, it is education without representation. The people of Rampart should be able to vote for YKSD board members. 9:23:28 AM SENATOR STEVENS commented that the boundary change seemed reasonable but asked if there was any opposition to the request. MS. TESHNER responded that she had heard of no opposition. The administration and both districts are in support of SB 198. SENATOR BEGICH showed a map of the districts on his cell phone and opined that the boundary change is logical because it straightens the boundary line and puts Rampart in the same school district as a village to the east. 9:24:43 AM CHAIR HOLLAND opened public testimony on SB 198; he found none and closed public testimony. 9:25:07 AM CHAIR HOLLAND found no objection to SB 198 and solicited a motion. 9:25:22 AM SENATOR STEVENS moved to report SB 198, work order 32-GS2062\A, from committee with individual recommendations and attached fiscal note(s). 9:25:36 AM CHAIR HOLLAND reported SB 198 from the Senate Education Standing Committee.