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Alaska schools face ownership, liability challenges amidst repairs

Alaska’s Education System Faces Challenges with School Ownership and Maintenance

In Alaska, the transfer of school ownership from the state to local districts has sparked debate over responsibilities and financial implications. The Kuspuk School District in Aniak, Alaska, has long requested funds to repair its elementary school, plagued by flooding and mold. Yet, it wasn’t until 2018 that $18.6 million was approved to build a new wing. However, the funding came with a stipulation: the local school board must assume ownership upon completion.

Former superintendent James Anderson highlighted the risks this poses to districts, particularly those with high poverty rates, like Kuspuk, where nearly 30% of families live below the poverty line. If districts own the buildings, they might bear the financial burden of repairs and liability.

Since 2003, Alaska’s education department has shifted ownership of 54 buildings to rural districts, significantly increasing from previous decades. This change coincides with a new clause in funding agreements that requires districts to agree to ownership in exchange for repair or construction funds.

According to Alaska’s education department, this transition aims to streamline processes and grant districts more control over maintenance. “We’re very much a hands-off landlord,” said Lori Weed, the department’s school finance manager. Yet, the lack of clear documentation for this policy change leaves superintendents like Madeline Aguillard of the Kuspuk district questioning its implications.

Rural districts, often lacking the ability to generate tax revenue for schooling, rely heavily on state funding, which is challenging to secure. This dependence forces districts to accept ownership, despite potential risks. “What choice did I have?” Aguillard remarked, after signing contracts for funding with ownership requirements.

Losing Sleep Over Liability

For many rural schools, deteriorating infrastructure poses safety hazards. Water and sewer issues, leaking roofs, and potential fire risks are common. Alaska’s education department spokesperson Bryan Zadalis indicated that the department lacks documentation on why the contract language shifted, noting that “the main clauses of the project agreement are boilerplate language.”

Rod Morrison, superintendent of the Southeast Island School District, expressed concerns over liability for his schools’ conditions. He faces challenges like black mold and nonfunctional fire systems. Despite requesting to use leftover funds for critical repairs, the state denied his application, highlighting the complexity of managing these liabilities.

Decades of Contamination

Many schools in Alaska have inherited contamination issues from prior U.S. Bureau of Indian Affairs ownership. Sites previously used for military purposes may contain hazardous chemicals, adding another layer of liability. The Toksook Bay incident, where a fuel leak led to a lawsuit and settlement, underscores these challenges.

While legislation in 1997 reduced liability for chemical spills, financial responsibility for cleanups remains. Bill O’Connell of the Alaska Department of Environmental Conservation noted the difficulty rural districts face in funding these cleanups, as they often rely solely on state funding.

The ownership transfer policy raises constitutional questions regarding the state’s obligation to provide adequate public schooling. Attorney Howard Trickey argues that the state must maintain its responsibility, despite ownership changes. “The constitution says the state has a duty to establish and maintain a system of public schools,” Trickey emphasized.