ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
February 16, 2022
9:03 a.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Gary Stevens, Vice Chair
Senator Shelley Hughes
Senator Peter Micciche
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S) PROFESSIONAL TEACHING PRACTICES
COMMISSION
- CONFIRMATION ADVANCED
SENATE BILL NO. 174
"An Act relating to dress codes and natural hairstyles."
- HEARD & HELD
SENATE BILL NO. 34
"An Act providing for the establishment of public schools
through state-tribal compacts."
- HEARD & HELD
SENATE BILL NO. 112
"An Act relating to transportation of students."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 174
SHORT TITLE: ALLOW NATURAL HAIRSTYLES
SPONSOR(s): SENATOR(s) WILSON
02/01/22 (S) READ THE FIRST TIME - REFERRALS
02/01/22 (S) EDC, L&C
02/16/22 (S) EDC AT 9:00 AM BUTROVICH 205
BILL: SB 34
SHORT TITLE: STATE-TRIBAL EDUCATION COMPACT SCHOOLS
SPONSOR(s): SENATOR(s) STEVENS
01/25/21 (S) PREFILE RELEASED 1/8/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) EDC, JUD
04/21/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/21/21 (S) Heard & Held
04/21/21 (S) MINUTE(EDC)
04/23/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/23/21 (S) <Bill Hearing Canceled>
04/28/21 (S) EDC AT 9:00 AM BUTROVICH 205
04/28/21 (S) Heard & Held
04/28/21 (S) MINUTE(EDC)
02/11/22 (S) EDC AT 9:00 AM BUTROVICH 205
02/11/22 (S) Heard & Held
02/11/22 (S) MINUTE(EDC)
02/16/22 (S) EDC AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
KIM BERGEY, Appointee
Professional Teaching Practices Commission
Department of Education and Early Development (DEED)
Palmer, Alaska
POSITION STATEMENT: Testified as governor's appointee to the
Professional Teaching Practices Commission.
COURTNEY ENRIGHT, Director
Boards and Commissions
Office of the Governor
Anchorage, Alaska
POSITION STATEMENT: Answered questions on the governor's
appointee to the Possessional Teaching Practices Commission.
SENATOR David WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 174.
JASMINE MARTIN, Staff
SENATOR DAVID WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a sectional analysis for SB 174.
ALYSSA QUINTYNE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified by invitation on SB 174.
ROSALYN WYCHE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation on SB 174.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a sectional analysis for SB 34.
JULIE KITKA, President
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Answered question on SB 34.
ACTION NARRATIVE
9:03:54 AM
CHAIR ROGER HOLLAND called the Senate Education Standing
Committee meeting to order at 9:03 a.m. Present at the call to
order were Senators Begich, Hughes, Micciche, Stevens and Chair
Holland.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Professional Teaching Practices Commission
9:04:44 AM
CHAIR HOLLAND announced the consideration of governor appointee
Kim Bergey to the Professional Teaching Practices Commission.
9:05:03 AM
KIM BERGEY, Governor Appointee, Professional Teaching Practices
Commission, Palmer, Alaska, stated she is the principal and
director for Raven Homeschool, is the oldest of 10 children, and
attended school in Alaska. She has served as a highly qualified
educator throughout Alaska, teaching public school, home school,
adult education, and Head Start since 1997. She has been a home
school parent, private school parent, boarding school teacher,
assistant principal, principal, director, superintendent, and
Head Start administrator. She has also been a representative at
the state and federal levels for Head Start and Alaska Native
children across the state. She serves on the Alaska Juvenile
Justice Advisory Committee and the Matsu Chapter of the Alaska
Farm Bureau. She stated it is a pleasure to serve as the
principal representative for the Professional Teaching Practices
Commission. She lives on a small farm in Palmer with her husband
and six children.
9:07:02 AM
SENATOR MICCICHE arrived.
9:07:07 AM
SENATOR BEGICH thanked her for her service in rural areas. He
stated they have worked in several of the same school districts
and he would inquire about her work. He mentioned that it is a
statutory requirement that a professional principal's
association submit names for the position. He asked which
association offered her name.
MS. BERGEY replied that she is a member of the principal's
association for Alaska.
SENATOR BEGICH asked if that was the association that put her
name forward.
MS. BERGEY replied that she did not know who put her
recommendation forward.
SENATOR BEGICH asked if the director of Boards and Commissions
could answer the question as it is a statutory requirement and
asked of all appointees.
9:09:05 AM
COURTNEY ENRIGHT, Director, Boards and Commissions, Office of
the Governor, Anchorage, Alaska, stated the record shows the
Alaska Council of School Administrators nominated Ms. Bergey.
9:09:32 AM
SENATOR BEGICH responded that the Alaska Council of School
Administrators is a recognized principal's association. He
stated that this position is responsible for sanctioning
teachers when the model code of ethics for educators is
violated. He asked if she was familiar with the code of ethics
and whether she was prepared to discipline teachers according to
code.
9:10:16 AM
MS. BERGEY replied yes; she is familiar with the code of ethics.
She is also responsible for making sure staff are familiar with
it. She stated she is comfortable being part of a group that
makes decisions on sanctions. She makes such decisions
regularly.
9:10:43 AM
SENATOR HUGHES asked if she had ever been involved in
sanctioning a teacher in a leadership position.
MS. BERGEY replied yes.
9:11:20 AM
CHAIR HOLLAND solicited a motion.
9:11:37 AM
At ease.
9:12:03 AM
CHAIR HOLLAND reconvened the meeting.
9:12:10 AM
SENATOR STEVENS moved that Kim Bergey, appointee to the
Professional Teaching Practices Commission, be forwarded to a
joint session of the legislature for consideration.
9:12:18 AM
CHAIR HOLLAND 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:
Professional Teaching Practices Commission
Kim Bergey Palmer, Alaska
CHAIR HOLLAND reminded members that signing the reports
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.
9:12:35 AM
At ease.
SB 174-ALLOW NATURAL HAIRSTYLES
9:14:48 AM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 174 "An Act relating to dress
codes and natural hairstyles."
9:15:21 AM
SENATOR DAVID WILSON, Alaska State Legislature, Juneau, Alaska,
stated that this legislation prohibits schools and workplaces
from establishing dress codes that restrict someone from wearing
their natural hair. No employee or student should be prohibited
from participating in work or attending school because they are
wearing natural hair. SB 174 defines what standards are
unacceptable for school districts and employers to place on
hairstyles. He stated testimony would be given on why SB 174 is
essential.
9:16:25 AM
JASMINE MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 174 as follows:
[Original punctuation provided.]
Section 1: Adds a new section (.135. Dress code;
natural hairstyles) to AS 14.03 (Title 14. Education,
Libraries, and Museums, 03. Public Schools Generally)
This section disallows a school district from adopting
a school dress code that prohibits a student from
wearing a hairstyle that is commonly or historically
associated with race, wearing a natural hairstyle
regardless of the student's hair texture or type, or
that requires a student to permanently or semi-
permanently alter their natural hair.
This bill makes an exception to allow school districts
to restrict hairstyles in any way necessary to comply
with health or safety laws.
Section 2: Adds a new section (.450. Dress code;
natural hairstyles) to AS 23.10 (Title 23. Labor and
Workers Compensation 10. Employment Practices and
Working Conditions)
This section is identical to section 1, except it
deals with an employee and employer relationship
rather than school and students.
9:19:16 AM
At ease.
9:19:22 AM
CHAIR HOLLAND reconvened the meeting. He stated technical
difficulties were being experienced and asked for questions from
committee members.
9:20:17 AM
SENATOR HUGHES said she was surprised that in 2022 there was a
need for SB 174. She asked if there was anything that would
inhibit the ability of an employer or school to require a
groomed appearance, including clothing and hair. She stated she
could understand how an employee showing up for work with
uncombed hair could be a problem for a business, but it is not
uncommon for students to arrive at school with uncombed hair.
SENATOR WILSON stated that SB 174 was created to address all
culturally relevant hairstyles such as locs, braids, twists, and
afros, not neatness. He stated his belief that SB 174 is the
best way to address this area of discrimination that plagues
Alaska and the nation.
9:22:05 AM
SENATOR HUGHES stated she did not find any verbiage in SB 174
that would prevent general neatness. She asked for an
explanation of the term "protective style."
SENATOR WILSON stated that definitions would be provided.
9:23:07 AM
SENATOR HUGHES stated the word protective stood out to her
because she once wore her hair in a style that her son said
resembled a helmet. She is confident this is not what
"protective style" means.
9:23:28 AM
CHAIR HOLLAND opened invited testimony.
9:23:50 AM
ALYSSA QUINTYNE, representing self, Fairbanks, Alaska, stated
she is a 20-year resident and is pleased that Alaska's
legislators care enough about the issue to hear her testimony.
Many black people in Alaska suffer in silence, with only close
friends and family to talk. Hair discrimination is just a part
of being black.
9:25:01 AM
MS. QUINTYN noted that every black person she knows endured hair
harassment. While many things have happened to her, she believes
others have suffered even more. From elementary through high
school, students, teachers, and administrators touched her hair
without permission, made inappropriate comments, and asked
inappropriate questions. She stated she was banned from taking
swimming, home economics, and chemistry lab classes because of
her hair. She recalled that she has had her hair cut, burned,
and even tied to a pole. She has also been yanked downstairs by
her hair. Her parents spoke with school authorities, but nothing
happened to address the ignorance and bigotry.
She has also experienced discrimination in the workplace. A
former employer told her not to come to work without her hair
straightened, and human resource policies were written to target
her hairstyle. She stated it is difficult to effect change in
these situations because the employee needs a paycheck.
MS. QUINTYN stated that she has advocated for change since she
was 13 years old. She stated that she served on the district's
diversity committee for three years to educate the school board
about black hairstyles, bonnets, and durags. She has attempted
to explain the need for gang affiliation rhetoric to stop
because it has nothing to do with black hairstyles. It is a
microaggression rooted in fear and targets black and brown
students. She had offered resources and suggestions to make the
dress code more responsible and mindful of student financial
access, culture, and identity.
9:29:31 AM
She opined that dismissing hair discrimination is easy because
if a person does not live it every day, it does not seem like a
problem. School districts and boards do not want to address it.
The city council thinks it is a lower 48 problem. The borough
assembly said there was nothing it could do. So, the last place
to turn was the state legislature and Congress.
She said living in a community that does not understand
discrimination and lacks support is exhausting. She stated she
is hopeful because the two black leaders in the legislature want
to effect change. SB 174 will have started a needed conversation
to stop microaggression and lateral violence even if it does not
pass. She hopes SB 174 will help black children grow up feeling
loved, respected, and celebrated rather than feeling they merely
survived growing up.
9:33:01 AM
ROSALYN WYCHE, representing self, Anchorage, Alaska, stated she
has lived in Alaska since the 1970s. She graduated high school
in 1982 and became a hairstylist. She has worked and taught in
the industry for many years. She has five children, and all of
them encountered hair discrimination. Her daughters' braids were
always being touched and undone. Comments would then be made
about the texture and look of their hair by classmates. She
opined that the teacher should not have allowed this. On another
occasion, a daughter had a bad hair day and wore a pink bandana
to school. The counselor requested her daughter be picked up
from school because bandanas represent gangs. Three boys wearing
cowboy hats and long trench coats passed by the office while she
was meeting with the counselor. She explained to the counselor
that pink is not a gang color, and if the boys could wear cowboy
hats, why was her daughter not able to wear a pink bandana to
cover her hair. The counselor replied that he did not make the
rules. During this same timeframe, she said her sons wore long
hair in braids. She was told the look was inappropriate for male
students even though white and Latino male students could wear
long hair. She considered it biased that braids, cornrows, and
dreadlocks were inappropriate, but mullets and perms were not.
She added that black women are often told that the cultural
hairstyles of afros, braids, and locs are not a professional
look.
Her hair academy teaches how to cut and manage all types of
hair. She was pleased to learn about SB 174 because her children
and others should not experience negative influences because of
their hair type. When they leave home feeling great about how
they look, they should return home feeling the same way. She
said tennis star Venus Williams had a game stopped for wearing
beads in her hair. She opined that black people should not be
criticized for the cultural hairstyles they choose to wear. She
said, "Its almost like a society trying to take away every bit
of culture that you have."
9:39:07 AM
CHAIR HOLLAND asked Ms. Quintyne if she ever felt any support
for cultural hairstyles at school.
9:39:28 AM
MS. QUINTYNE replied that, unfortunately, she never felt any
support. As an adult, she has noticed a decline in dress codes
mentioning specific hairstyles. However, nothing acknowledges
that locs, braids, twists, extensions, and wigs are a part of
black culture and hygiene.
9:40:36 AM
SENATOR BEGICH stated that the double standard mentioned during
invited testimony struck him as clearly discriminatory. He
opined that as a Caucasian man, he was never asked to change his
style, even when wearing beads, but he recalls African Americans
being asked to wear their hair differently. He understands and
appreciates that SB 174 is being heard.
9:41:55 AM
SENATOR HUGHES stated she appreciates the eye-opening testimony.
She asked if district policies are what prevents afros, braids,
and other protective and natural hairstyles from being worn. She
stated policies would need to be changed if discrimination was
policy based.
MS. WYCHE stated that written hairstyle policies were enforced
when her children attended private schools, and forbidding
bandanas was district policy.
9:43:59 AM
MS QUINTYNE stated that dress codes are typically found in
student handbooks. However, not having a policy does not prevent
staff from being discriminatory. Having legislation would be
more powerful than policy. It would establish a boundary and let
others know how damaging hair discrimination is to students and
employees.
9:45:33 AM
SENATOR HUGHES asked if there are districts in Alaska with
policies that need to be changed and would SB 174 apply to
private schools.
MS. MARTIN replied that she does not have a list of
discriminatory district policies; such policies tend to be
subtle. For example, a policy might say "professional-style" or
only one braid instead of a person cannot wear cornrows.
Problems arise because determining a professional style is
subjective and left to administrative discretion. She stated SB
174 would not apply to private schools since school board
policies do not govern private schools.
9:46:35 AM
CHAIR HOLLAND said that he would prefer SB 174 be made into two
bills, one for students and the other for employees. He reasoned
that enforcement at school is possible. However, the expanse of
the workplace would make it challenging to determine what
hairstyles are cultural and then set a guideline as to which
cultural hairstyles are appropriate for a workplace.
9:47:36 AM
SENATOR STEVENS asked for clarity on the exceptions that might
come with health and safety laws, regulations, or ordinances. He
stated he could understand a shop teacher's concern about hair
getting caught in a machine and the need for discretion.
SENATOR WILSON stated that the intent of the exceptions is not
to bypass ordinances, laws, or regulations that a municipality
or other government agency may have. The language in SB 174 was
intentionally left broad to avoid being prescriptive and causing
unsafe situations. He stated he does not want students
experiencing their hair catching on fire like Michael Jackson in
filming a Pepsi commercial.
9:49:16 AM
SENATOR BEGICH noted that SB 174 does not list as many styles as
the 14 other states that have passed similar legislation. He
asked why all styles were not listed, especially since invited
testimony mentioned discrimination against cornrows, afros, and
headwraps. He commented that in 2014 former defense secretary
Chuck Hagel changed military policy to allow certain natural
hairstyles.
MS. MARTIN replied that in SB 174, page 1, lines 8-10, and page
2, lines 6-8, where types of natural styles are listed, the word
"includes" is used. The meaning of "includes" in Alaska's Manual
of Legislative Drafting is not limited to. All styles were not
listed because all natural styles are included. The styles
listed were just examples.
9:51:17 AM
SENATOR BEGICH stated that AS 14.03.135 is public education
code, so SB 174 would not apply to private schools.
MS. MARTIN said that is correct.
9:51:55 AM
SENATOR WILSON thanked the committee for hearing SB 174 because
hair discrimination affects children from pre-K through
adulthood. He stated the next committee of referral would
address discriminatory hairstyle dress codes in the workplace, a
practice he personally encountered. If SB 174 passes, people
will no longer have to suffer in silence in the state of Alaska.
9:52:42 AM
CHAIR HOLLAND held SB 174 in committee.
SB 34-STATE-TRIBAL EDUCATION COMPACT SCHOOLS
9:53:15 AM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 34 "An Act providing for the
establishment of public schools through state-tribal compacts."
9:54:07 AM
CHAIR HOLLAND solicited a motion to adopt the proposed committee
substitute (CS) for SB 34.
9:54:11 AM
SENATOR STEVENS moved to adopt SB 34, work order LS-0309\B, as
the working document.
9:54:23 AM
CHAIR HOLLAND objected for purposes of discussion.
9:54:31 AM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, stated that when collaborating with
Ms. Kitka and the Alaska Federation of Natives' team, six
requirements were considered essential to tribal education
compacting. These six elements were then sent to Legislative
Legal Services for rendering. He said the CS is intended to
streamline and simplify the project. It is meant to be flexible
and maximize autonomy while maintaining accountability. It is
silent on several statutes other school districts in Alaska must
follow. The six elements are:
First, the Department of Education and Early Child Development
(DEED) commissioner would establish a demonstration project or
pilot program that would sunset.
Second, the commissioner would use that project to enter
compacts with tribes and tribal organizations to operate
schools.
Third, those schools would observe non-discrimination laws.
Fourth, the annual reporting for the project would include the
number of schools participating, enrollment, attendance, student
performance through assessments, and recommendations for compact
changes.
Fifth, compact schools should be formed into districts. Being
termed a district is key for calculating school funding, Title
1470, basic daily membership, and area cost.
Sixth, federal, state, and tribal funding would be held
harmless.
MR. LAMKIN stated SB 34 is not a finished product, but it
fulfills his obligation to provide a working document to the
committee. He emphasized that the use of the term school
district triggers many of the definitions throughout statute.
9:57:16 AM
MR. LAMBKIN provided the sectional analysis as follows:
Overall Summary:
Version B of SB34 is intended to simplify the proposed
State-Tribal Education Compacting program. This
version attempts to be less prescriptive, to set up a
pilot program, or demonstration project, with general
authority for the state and tribes to negotiate
individualized and culturally responsive education
compacts, and to periodically review and possibly
sunset the program over time.
A. Sections 1 and 2: Creates within a year of the
effective date, and sunsets state-tribal education
compacting in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to review
its efficacy over time.
9:58:09 AM
SENATOR BEGICH questioned whether a sunset date of 2028 would be
enough time for a demonstration project to show change. He
stated the Finance Committee debated yesterday the time needed
to show improvement regarding SB 111. He asked if the year 2028
would be long enough for the project to exhibit significant
change.
MR. LAMKIN replied that Ms. Kitka specifically requested five
years.
9:58:55 AM
SENATOR BEGICH replied that he would like to hear from Ms. Kitka
because SB 34 will go to the Finance Committee, where there will
be concern about the time needed to show progress and how
progress will be determined.
9:59:41 AM
At ease.
10:00:34 AM
CHAIR HOLLAND reconvened the meeting.
10:00:39 AM
SENATOR STEVENS stated he thought Ms. Kitka's recommendation of
five years was wise. The point of the pilot program is expansion
if it is successful. Waiting too long to ascertain success could
slow progress for other schools.
SENATOR BEGICH stated that the early education pilot program was
12 years. It has still not been adopted. He said he would like
to know the criteria.
10:02:15 AM
JULIE KITKA, President, Alaska Federation of Natives (AFN),
Anchorage, Alaska, stated she supports a five-year project. The
AFN would like a chance to prove the concept of tribal
compacting in education. She said she is amenable to an optional
five-year extension if that addresses legislators' concerns. She
said that the desire is to build great support for the concept,
so it does not take more than five years.
10:03:28 AM
MR. LAMKIN continued the sectional analysis:
B. Section 3, Page 2, line 15: AS 14.16.300(a), Adds
that the commissioner may enter into compacts with
federally recognized tribes or tribal
organizations.
Rationale: To allow for a tribal organization,
like a consortium or regional non-profit native
organization, which may not itself be a
federally recognized tribe, to be empowered by
a federally recognized tribe or tribes, to
participate in the education compacting
program.
C. Deleted from version A (page 2, lines 8-20):
strikes the requirement of a detailed application
process for initiating a compact.
Rationale: consistent with the overall intent
of Version B, to simplify the program and
direct such processes to be determined by
regulation.
D. Page 2, line 19: changed that compacts may, rather
than shall, include provisions for compliance,
notices of violation, dispute resolution, record
keeping, auditing, and other common terms of a
contract.
Rationale: to make the program more simple and
flexible.
E. Deleted from version A (page 3, lines 5-8):
regarding AS 14.03.030-050 and AS 14.03.083-400,
removed the requirement for compacts to specify
provisions pertaining to setting school term, days
in sessions, school holidays, contracting,
procurement, advocacy of partisan, sectarian or
denominational doctrines, part-time school
attendance, use of school facilities, search of
school lockers, administering survey and
questionnaires, the AK Performance Scholarship
eligibility, parental access to school records,
annual reporting and participation in the "School
District Report Card," the Improving School
Performance scholarship program, funding for
internet services, display of U.S. flag and Pledge
of Allegiance, and conducting emergency drills.
Rationale: to simplify the program; to keep
the program flexible, improve autonomy, and be
culturally responsive. Removing the
requirement does not necessarily mean such
terms cannot or will not be manifested either
in a compact or by tribal policy.
F. Page 3, line 20, relating to AS 14.14.140(b),
employment of a superintendent's family, adds
"except by written approval of the commissioner."
Rationale: primarily a conforming change,
aligned with the existing statute, but
substituting commissioner in lieu of local
governing school board.
10:06:04 AM
G. Deleted from version A (page 3, line 30 to page 4,
lines 1-12): Struck requirements relating to
teacher employment, retirement, sick leave,
tenure, salaries, sabbatical leave, collective
bargaining.
Rationale: to simplify the program; to keep
the program flexible, improve autonomy, and be
culturally responsive. Removing the
requirement does not necessarily mean such
terms cannot or will not be manifested either
in a compact or by tribal policy.
H. Deleted from version A (page 4, lines 13-19):
Struck requirements relating to student
educational programs, services for students with
disabilities, health education standards, and
bilingual and bicultural programs.
Rationale: to simplify the program; to keep
the program flexible, improve autonomy, and
culturally responsive. Removing the
requirement does not necessarily mean such
terms cannot or will not be manifested either
in a compact or by tribal policy.
I. Page 4, lines 15-18, relating to financial
provisions, added: (e).."A compact school may
accept federal funds through federal programs.
Nothing in this section prohibits the department
from receiving federal funds for state-based
functions that support the provisions of AS
14.16.300-350." [state-tribal education compact
schools].
Rationale: to hold any existing state-federal-
tribal funding harmless.
J. Deleted from version A (page 5, lines 11-12): "The
employee of a state-tribal education compact
school are state employees."
Rationale: to conform with other provisions of
the program relating to teacher employment and
retirement, and to avoid likely loopholes
created by not striking this reference.
10:07:43 AM
K. Page 4, line 21, relating to Employment, adding
that a compact may provide employment preference
to members of a federally recognized tribe or
tribal organizations.
Rationale: Conforming with the change
described in B above, to allow for a tribal
organization, like a consortium or regional
non-profit native organization, which may
itself not be a federally recognized tribe,
to be empowered by a federally recognized
tribe or tribes, to participate in the
education compacting program, and be able to
apply an employment preference accordingly.
L. Page 4, lines 22 to Page 5, lines 1-7, adds a new
subsection [AS 14.16.350] establishing a reporting
requirement. The report is to be submitted to the
Legislature annually and include information such
as the number of participating compact schools,
attendance levels, assessments and student
performance.
M. Sections 4 and 5: At the effective date, includes
state-tribal compact schools as eligible
recipients of school funding appropriated from the
Public Education Fund, and sunsets their
eligibility along with the whole program in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to review
its efficacy over time.
N. Sections 6 and 7: Conforming amendment, includes
state-tribal compact school funding being prorated
in the event of the Public Education Fund being
underfunded, and sunsets this provision along with
the whole program in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to
review its efficacy over time.
10:04:12 AM
O. Sections 10 and 11: Conforming amendment relating
to compulsory school age, exempts students of
state-tribal education compact schools, and
sunsets the exemption along with the whole program
in 2028.
Rationale: To establish compacting as a pilot
program or demonstration project, and to
review its efficacy over time.
P. Sections 12-18: Conforming amendment relating to
the definition of "school district" generally, so
as to include state-tribal education compact
schools as a "school district" except for those
policy areas described under R, below, and sunsets
the definition along with the whole program in
2028.
Q. Deleted from version A (page 8, lines 1-16):
Strikes requirements related to special education
and related services for children with
disabilities.
Rationale: to conform with other provisions of
the program relating to student services, to
avoid likely loopholes created by not striking
this reference. Removing the requirement does
not necessarily mean such terms cannot or will
not be manifested either in a compact or by
tribal policy.
R. Deleted from version A Sections 12-21
Strikes reference to a state-tribal education
compact school for purposes of:
1. the insurance education tax credit program (AS
21.96.070);
2. arbitration for employees under collective
bargaining agreements (AS 23.40.200);
3. contributions to and service in the Public
Employee Retirement System (AS 39.35);
4. Corporate Income Tax Credit for educational
program investments (AS 43.20.014);
5. Relating to school district reimbursement for
certain medical services furnished to students
with disabilities (AS 47.07.063).
Rationale: To establish compacting as a pilot
program or demonstration project, and to
review its efficacy over time. These
considerations may already be captured by
tribal entities using alternative approaches,
and may also be revisited either as we go
through the legislative process or when the
program is reviewed in the future.
S. The State-Tribal Education Compacting program is
repealed June 30, 2028.
10:10:30 AM
MR. LAMKIN stated that the sunset of a program is like an audit.
A review of the program is done with the program's board. The
tribal education pilot project would likely be reviewed in 2027,
and then bills would be used to extend the program until the
sunset provision was repealed.
SENATOR STEVENS reminded the committee that Commissioner Johnson
brought the Alaska Challenge Group together two years ago to
recommend where Alaska public education should be headed. One of
the recommendations was tribal compacting. Pursuing the
recommendation has proven that it is a highly complex issue. He
appreciates Mr. Lamkin's work in determining what to include and
exclude. Ms. Kitka then recommended that a pilot program be
tried. He stated it is important to understand how SB 34 has
progressed.
10:12:04 AM
CHAIR HOLLAND asked if Ms. Kitka would like to make any comments
regarding the sweeping changes to SB 34. He asked if she and the
AFN had time to discuss the changes and if she believed the
committee substitute would satisfy the stakeholders' goals.
MS. KITKA stated that the AFN supports the committee substitute,
excepting minor technical changes. She fully supports using the
compacting mechanism to create greater efficiencies and
resources. However, the primary purpose would be the
transformative change in innovation. Innovation needs to be
incentivized to benefit Native students. Commissioner Johnson
and the AFN are 100 percent in alignment that the interests of
children should come first. Coming out of the pandemic is an
opportune time to push forward with the transformation and
improve tribal compacting over time. She stated that she
appreciates the input to increase the sunset date of the
project. However, the real need is legislation granting the
commissioner permission to engage in compacting negotiations.
The AFN is also seeking the federal government to be engaged.
10:14:31 AM
MS. KITKA stated that the Senate Indian Affairs Committee would
hold a field hearing on February 24. There are items the AFN
would like the federal government to change that will have
implications on SB 34. For example, there are prohibitions
against using federal resources for school facilities. She
declared that is wrong, federal resources should be allowed to
help village schools. Tribal compacting of schools needs
legislative permission to enable the commissioner to open
negotiations on the demonstration process with as much
flexibility as possible. She maintained that the federal
government must step in with its responsibility and allow
support for incorporating indigenous knowledge into curriculum,
teacher training, and facility funding. She said compacting can
be viewed as a hybrid of the federal government upholding its
agreement to support indigenous people and the state taking the
leadership role in launching the demonstration project.
10:15:49 AM
SENATOR BEGICH clarified that he did not prefer to extend the
time for the demonstration project. He only wanted to ensure
stakeholders were satisfied with the five-year timeframe for the
project.
10:16:26 AM
SENATOR HUGHES asked if the demonstration project would be more
than one school.
MS. KITKA replied that it would involve multiple schools. There
is statewide interest in participating, so the demonstration
could be a community, region, or diverse school locations. She
stated that the Bureau of Indian Affairs model for compact
funding would be used. Ten demonstration projects were opened in
the first year, with ten more added each year. She stated the
commissioner and education board would decide the number of
schools to start the program.
10:17:40 AM
CHAIR HOLLAND removed his objection.
10:17:55 AM
CHAIR HOLLAND found no further objection, and CSSB 34, work
order 32-LS0309\B, was adopted.
10:18:09 AM
SENATOR BEGICH stated he had numerous questions regarding SB 34.
CHAIR HOLLAND replied that the questions could be asked at the
next meeting on SB 34.
10:19:04 AM
CHAIR HOLLAND held SB 34 in committee.
10:19:35 AM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Education Standing Committee
meeting at 10:19 a.m.