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Anchorage superintendent says State Board emergency regulation could cost district $15 million; vows legal action
Summary
Superintendent Dr. Bryant told the Anchorage School District Board on June 3 that a proposed emergency regulation from the state education commissioner could cost the district about $15,000,000 within weeks and that the district will pursue legal action if the State Board does not withdraw the item.
Superintendent Dr. Bryant told the Anchorage School District Board of Education on June 3 that the state commissioner of education has proposed an emergency regulation that could remove about $15,000,000 in municipal-contributed revenue from the district just weeks before the new fiscal year begins.
The superintendent said the proposed emergency regulation, if adopted by the State Board of Education, would be written to take effect in fiscal year 2025 and would therefore apply immediately rather than following the normal public-notice and comment timeline. He urged the State Board to withdraw the matter from its agenda and said, “ASD will be pursuing legal action to ensure that this public conversation takes place.”
Why it matters: the change is technical but large in dollar terms and affects how municipal contributions are counted for federal disparity testing and state funding calculations. Dr. Bryant described the move as sudden and said district attorneys had reviewed the state’s emergency finding and concluded it did not meet the statutory standard. He also said superintendents and municipal leaders were not given the waiver documentation from the governor’s office that would be required under the governor’s administrative order to permit an exception to the regulation pause.
Board members and district staff said they were still sorting through the technical details. Chief Financial Officer Ratliff read from a federal letter explaining how interfund transfers had been treated in the federal disparity calculation and noted the proposed regulation does not appear to address the transfers’ treatment that caused the federal determination. Ratliff said the state’s emergency regulation would not change how the federal disparity test removes certain transportation transfers from its calculation; the regulation appears aimed at limiting municipal “in-kind” and other local contributions, which the district says is vague.
Board members including Vice President Bellamy and Member Holloman voiced support for the superintendent’s request that the State Board withdraw the regulation and join board members in testifying. President Carl Jacobs and other members said they were concerned the State Board would not have sufficient time or information to vet such a complex item. The superintendent said he will testify at the State Board meeting and urged the public and municipal leaders to tune in.
What the district has requested: the superintendent requested the State Board to remove the emergency regulation from its agenda and said the district expects written evidence — including any waiver request to the governor — to be provided to superintendents and the public. He cited Alaska Statute 44.62.250, which requires an agency to make written findings that an emergency exists and to state facts showing the need for immediate action based on public peace, health, safety, or general welfare.
No formal board vote was taken on legal action at the June 3 meeting; board members indicated they planned to participate in testimony and publicly opposed the emergency approach.
Ending: the superintendent said he will testify the next morning to present the district’s legal view and the stakes for Anchorage; he urged community members to watch and to contact the State Board before any vote.
