AASB Board of Directors in partnership with State Tribal Education Compact (STEC) Pilot Tribes
To better understand the impact of HB 59 and to continue to support local governance of education, the AASB is featuring a monthly Question & Answer series in partnership with the State Tribal Education Compact (STEC) Pilot Tribes.
Each month, we address specific questions submitted by our school board members at our annual conference. These are direct responses from the five (STEC) Pilot Tribes. We value this collaborative effort to build a shared understanding of Tribal Compacting for Education in Alaska.
What is the current biggest barrier to implementing tribal compacting for education?
- The barrier and opportunity are that tribal education compacting requires a legislative change. Attempting to implement the tribal education compact administratively does not provide the stability needed to operate a school. Establishing the pilots through law provides stability and ensures the pilots demonstrate how to successfully integrate with existing laws in Title 14.
- The current bills are in the early stages of the legislative committee process. HB 59 passed out of the House Tribal Affairs Committee and has been introduced to the House Education Committee. There is urgency to get this bill across the finish line this legislative session. The bill needs to be scheduled for more hearings to finish working its way through the committee process so it can move forward to floor votes.
- Rumors and misinformation that tribal compacting will weaken public education have become a barrier. Coupled with a lack of understanding of how tribal governments function, challenges to their legal status have been a barrier. HB 59 simply establishes the framework for the state to carry out government‑to‑government education agreements, which are available only to tribes and must comply with the constitution, ensuring that the pilot schools are public schools. Tribes are written into the U.S. Constitution. They are recognized as any other government in the world. The premise of sovereignty in education is well‑established in federal law (e.g., ISDEAA 1975, Tribal Education Departments, treaty‑based trust responsibility). Hearings are needed to continue to build understanding by the legislature and public to provide accurate sound legal and practical background on tribal education compacting in Alaska.
Is compacting a back door to vouchers?
- No, HB 59 uses the existing foundation formula funding mechanism in state law that does not include vouchers, and it does not amend or create any new funding mechanisms for public education in Alaska.
- HB 59 explicitly limits education compacts to sovereign governments, not private entities.
- Tribally Compacted Public Schools follow the Alaska Constitution. Tribal compacts would be public schools, open to all students, and free from sectarian control.
- The Alaska Constitution and the draft compact agreement explicitly prohibit the use of public funds for private or religious education.