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CS FOR HOUSE BILL NO. 105(EDC)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE HOUSE EDUCATION COMMITTEE
Offered: 4/28/23
Referred: Judiciary
Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
A BILL
FOR AN ACT ENTITLED
"An Act relating to parental rights in a child's education; relating to a child's names and 1
pronouns; relating to access to school records; relating to school funding; relating to 2
charter schools; relating to state boarding schools; relating to school disciplinary and 3
safety programs; and providing for an effective date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 14.03.016(a) is amended to read: 6
(a) A local school board shall, in consultation with parents, teachers, and 7
school administrators, adopt policies to promote the involvement of parents in the 8
school district's education program. The policies must include procedures 9
(1) recognizing the authority of a parent and allowing a parent to 10
object to and withdraw the child from a standards-based assessment or test required by 11
the state; 12
(2) recognizing the authority of a parent and allowing a parent to 13
object to and withdraw the child from an activity, class, or program; 14 33-GH1072\S
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(3) requiring that, [PROVIDING FOR PARENT NOTIFICATION 1
NOT LESS THAN TWO WEEKS] before any activity, class, or program [THAT 2
INCLUDES CONTENT INVOLVING HUMAN REPRODUCTION OR SEXUAL 3
MATTERS] is provided to a child, the child's parent 4
(A) receive notification not less than two weeks before the 5
activity, class, or program; 6
(B) provide written permission for the child to participate 7
in the activity, class, or program; 8
(4) recognizing the authority of a parent and allowing a parent to 9
withdraw the child from an activity, class, program, or standards-based assessment or 10
test required by the state for a religious holiday, as defined by the parent; 11
(5) providing a parent with an opportunity to review the content of an 12
activity, class, performance standard, or program; 13
(6) ensuring that, when a child is absent from an activity, class, 14
program, or standards-based assessment or test required by the state under this section, 15
the absence is not considered an unlawful absence under AS 14.30.020 if the child's 16
parent withdrew the child from the activity, class, program, or standards-based 17
assessment or test or gave permission for the child's absence; 18
(7) requiring 19
(A) a parent of a child enrolled in the school district to 20
provide to the school district, at the beginning of each semester of the 21
school term, a list of all the names and pronouns that may be used to 22
address or refer to the child; 23
(B) a school district to 24
(i) develop a procedure for a parent to update the 25
list of names and pronouns provided under (A) of this paragraph; 26
(ii) address and refer to the child in person, on 27
school identification, and in school records by the names and 28
pronouns provided under (A) of this paragraph. 29
* Sec. 2. AS 14.03.016 is amended by adding a new subsection to read: 30
(e) The requirements of AS 14.03.016(a)(3) do not apply to 31 33-GH1072\S
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(1) sexual abuse and sexual assault awareness and prevention training 1
required under AS 14.30.355; or 2
(2) dating violence and abuse awareness and prevention training 3
required under AS 14.30.356. 4
* Sec. 3. AS 14.03.115 is amended to read: 5
Sec. 14.03.115. Access to school records by parent, foster parent, or 6
guardian. Upon request of a parent, foster parent, or guardian of a child under 18 7
years of age who is currently or was previously enrolled in a municipal school district 8
or a school district that is a regional educational attendance area, the school district 9
shall provide a copy of the child's entire record. This section does not apply to 10
(1) a record of a child who is an emancipated minor; or 11
(2) record information that consists of the child's address if the school 12
district determines that the release of the child's address poses a threat to the health or 13
safety of the child. 14
* Sec. 4. AS 14.03.260(a) is amended to read: 15
(a) A local school board shall provide an approved charter school with an 16
annual program budget. The budget shall be not less than the amount generated by the 17
students enrolled in the charter school less administrative costs retained by the local 18
school district, determined by applying the indirect cost rate approved by the 19
department up to four percent. Costs directly related to charter school facilities, 20
including rent, utilities, and maintenance, may not be included in an annual program 21
budget for the purposes of calculating the four percent cap on administrative costs 22
under this subsection. A local school board shall provide a charter school with a report 23
itemizing the administrative costs retained by the local school board under this section. 24
The "amount generated by students enrolled in the charter school" is to be determined 25
in the same manner as it would be for a student enrolled in another public school in 26
that school district and includes funds generated by grants, appropriations, federal 27
impact aid, the required local contribution, the local contribution under 28
AS 14.17.410(c), special needs under AS 14.17.420(a)(1), [AND] secondary school 29
vocational and technical instruction under AS 14.17.420(a)(3), and parental 30
involvement initiatives under AS 14.17.420(a)(4). A school district shall direct state 31 33-GH1072\S
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aid under AS 14.11 for the construction or major maintenance of a charter school 1
facility to the charter school that generated the state aid, subject to the same terms and 2
conditions that apply to state aid under AS 14.11 for construction or major 3
maintenance of a school facility that is not a charter school. 4
* Sec. 5. AS 14.17.410(b) is amended to read: 5
(b) Public school funding consists of state aid, a required local contribution, 6
and eligible federal impact aid determined as follows: 7
(1) state aid equals basic need minus a required local contribution and 8
90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum 9
obtained under (D) of this paragraph, multiplied by the base student allocation set out 10
in AS 14.17.470; district adjusted ADM is calculated as follows: 11
(A) the ADM of each school in the district is calculated by 12
applying the school size factor to the student count as set out in AS 14.17.450; 13
(B) the number obtained under (A) of this paragraph is 14
multiplied by the district cost factor described in AS 14.17.460; 15
(C) the ADMs of each school in a district, as adjusted 16
according to (A) and (B) of this paragraph, are added; the sum is then 17
multiplied by the special needs factor set out in AS 14.17.420(a)(1), [AND] the 18
secondary school vocational and technical instruction funding factor set out in 19
AS 14.17.420(a)(3), and the parental involvement initiatives funding factor 20
set out in AS 14.17.420(a)(4); 21
(D) the number obtained for intensive services under 22
AS 14.17.420(a)(2) and the number obtained for correspondence study under 23
AS 14.17.430 are added to the number obtained under (C) of this paragraph or 24
under (H) and (I) of this paragraph; 25
(E) notwithstanding (A) - (C) of this paragraph, if a school 26
district's ADM adjusted for school size under (A) of this paragraph decreases 27
by five percent or more from one fiscal year to the next fiscal year, the school 28
district may use the last fiscal year before the decrease as a base fiscal year to 29
offset the decrease, according to the following method: 30
(i) for the first fiscal year after the base fiscal year 31 33-GH1072\S
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determined under this subparagraph, the school district's ADM adjusted 1
for school size determined under (A) of this paragraph is calculated as 2
the district's ADM adjusted for school size, plus 75 percent of the 3
difference in the district's ADM adjusted for school size between the 4
base fiscal year and the first fiscal year after the base fiscal year; 5
(ii) for the second fiscal year after the base fiscal year 6
determined under this subparagraph, the school district's ADM adjusted 7
for school size determined under (A) of this paragraph is calculated as 8
the district's ADM adjusted for school size, plus 50 percent of the 9
difference in the district's ADM adjusted for school size between the 10
base fiscal year and the second fiscal year after the base fiscal year; 11
(iii) for the third fiscal year after the base fiscal year 12
determined under this subparagraph, the school district's ADM adjusted 13
for school size determined under (A) of this paragraph is calculated as 14
the district's ADM adjusted for school size, plus 25 percent of the 15
difference in the district's ADM adjusted for school size between the 16
base fiscal year and the third fiscal year after the base fiscal year; 17
(F) the method established in (E) of this paragraph is available 18
to a school district for the three fiscal years following the base fiscal year 19
determined under (E) of this paragraph only if the district's ADM adjusted for 20
school size determined under (A) of this paragraph for each fiscal year is less 21
than the district's ADM adjusted for school size in the base fiscal year; 22
(G) the method established in (E) of this paragraph does not 23
apply to a decrease in the district's ADM adjusted for school size resulting 24
from a loss of enrollment that occurs as a result of a boundary change under 25
AS 29; 26
(H) notwithstanding (A) - (C) of this paragraph, if one or more 27
schools close and consolidate with one or more other schools in the same 28
community and district and, as a result of the consolidation, basic need 29
generated by the district's ADM of the consolidated schools as adjusted under 30
(A) - (C) of this paragraph decreases, the district may use the last fiscal year 31 33-GH1072\S
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before the consolidation as the base fiscal year to offset that decrease for the 1
first four fiscal years following consolidation according to the following 2
method: 3
(i) for the first two fiscal years after the base fiscal year, 4
the district's ADM of the consolidated schools as adjusted under (A) - 5
(C) of this paragraph is calculated by dividing the sum of the district's 6
ADM of the consolidated schools as adjusted under (A) - (C) of this 7
paragraph for the base fiscal year by the sum of the district's ADM of 8
the consolidated schools for the base fiscal year without adjustment, 9
and subtracting the quotient obtained by dividing the district's ADM of 10
the consolidated schools for the current fiscal year as adjusted under 11
(A) - (C) of this paragraph by the sum of the district's ADM of the 12
consolidated schools for the current fiscal year without adjustment, 13
multiplying that number by the sum of the district's ADM of the 14
consolidated schools for the current fiscal year without adjustment, and 15
adding that number to the sum of the district's ADM of the consolidated 16
schools for the current fiscal year as adjusted under (A) - (C) of this 17
paragraph; 18
(ii) for the third fiscal year after the base fiscal year, the 19
district's ADM of the consolidated schools as adjusted under (A) - (C) 20
of this paragraph is calculated by dividing the sum of the district's 21
ADM of the consolidated schools as adjusted under (A) - (C) of this 22
paragraph for the base fiscal year by the sum of the district's ADM of 23
the consolidated schools for the base fiscal year without adjustment, 24
and subtracting the quotient obtained by dividing the sum of the 25
district's ADM of the consolidated schools for the current fiscal year as 26
adjusted under (A) - (C) of this paragraph by the sum of the district's 27
ADM of the consolidated schools for the current fiscal year, 28
multiplying that number by the sum of the district's ADM of the 29
consolidated schools for the current fiscal year without adjustment, 30
multiplying that number by 66 percent, and adding that number to the 31 33-GH1072\S
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sum of the district's ADM of the consolidated schools for the current 1
fiscal year as adjusted under (A) - (C) of this paragraph; 2
(iii) for the fourth fiscal year after the base fiscal year, 3
the district's ADM of the consolidated schools as adjusted under (A) - 4
(C) of this paragraph is calculated by dividing the sum of the district's 5
ADM of the consolidated schools as adjusted under (A) - (C) of this 6
paragraph for the base fiscal year by the sum of the district's ADM of 7
the consolidated schools for the base fiscal year without adjustment, 8
and subtracting the quotient obtained by dividing the sum of the 9
district's ADM of the consolidated schools for the current fiscal year as 10
adjusted under (A) - (C) of this paragraph by the sum of the district's 11
ADM of the consolidated schools for the current fiscal year, 12
multiplying that number by the sum of the district's ADM of the 13
consolidated schools for the current fiscal year without adjustment, 14
multiplying that number by 33 percent, and adding that number to the 15
sum of the district's ADM of the consolidated schools for the current 16
fiscal year as adjusted under (A) - (C) of this paragraph; 17
(iv) to calculate the district's basic need for each fiscal 18
year, the number obtained through the calculation in (i), (ii), or (iii) of 19
this subparagraph is added to the number obtained under (C) of this 20
paragraph for the remainder of the district; 21
(I) if the basic need calculated under (H)(i) - (iii) of this 22
paragraph for one of the first four fiscal years after consolidation is less than 23
the basic need calculated under (A) - (C) of this paragraph for that fiscal year, 24
the basic need may not be adjusted under (H) of this paragraph for that fiscal 25
year; 26
(J) a district may not offset a decrease under (H) of this 27
paragraph if 28
(i) a new facility is constructed in the district for the 29
consolidation; or 30
(ii) the district offset a decrease under (E) of this 31 33-GH1072\S
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paragraph in the same fiscal year; 1
(K) a district that offsets a decrease under (H) of this paragraph 2
may not reopen a school that was closed for consolidation in the district until 3
(i) seven or more years have passed since the school 4
closure; and 5
(ii) the district provides evidence satisfactory to the 6
department that the schools affected by the consolidation are over 7
capacity; 8
(L) a district may not reopen and reconsolidate a school that 9
was consolidated in the district more than once every seven years for purposes 10
of the calculations made under (H) of this paragraph; 11
(M) a district offsetting a decrease under (H) of this paragraph 12
shall provide the department with the list of schools participating in the 13
consolidation and the corresponding ADM; 14
(2) the required local contribution of a city or borough school district is 15
the equivalent of a 2.65 mill tax levy on the full and true value of the taxable real and 16
personal property in the district as of January 1 of the second preceding fiscal year, as 17
determined by the Department of Commerce, Community, and Economic 18
Development under AS 14.17.510 and AS 29.45.110, not to exceed 45 percent of a 19
district's basic need for the preceding fiscal year as determined under (1) of this 20
subsection. 21
* Sec. 6. AS 14.17.420(a) is amended to read: 22
(a) As a component of public school funding, a district is eligible for special 23
needs, [AND] secondary school vocational and technical instruction, and parental 24
involvement initiatives funding and may be eligible for intensive services funding as 25
follows: 26
(1) special needs funding is available to a district to assist the district 27
in providing special education, gifted and talented education, vocational education, 28
and bilingual education services to its students; a special needs funding factor of 1.20 29
shall be applied as set out in AS 14.17.410(b)(1); 30
(2) in addition to the special needs funding for which a district is 31 33-GH1072\S
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eligible under (1) of this subsection, a district is eligible for intensive services funding 1
for each special education student who needs and receives intensive services and is 2
enrolled on the last day of the count period; for each such student, intensive services 3
funding is equal to the intensive student count multiplied by 13; 4
(3) in addition to the special needs and intensive services funding 5
available under (1) and (2) of this subsection, secondary school vocational and 6
technical instruction funding is available to assist districts in providing vocational and 7
technical instruction to students who are enrolled in a secondary school; a secondary 8
school vocational and technical instruction funding factor of 1.015 shall be applied as 9
set out in AS 14.17.410(b)(1); in this paragraph, "vocational and technical instruction" 10
excludes costs associated with 11
(A) administrative expenses; and 12
(B) instruction in general literacy, mathematics, and job 13
readiness skills; 14
(4) in addition to the special needs, intensive services, and 15
secondary school vocational and technical instruction funding available under (1) 16
- (3) of this subsection, parental involvement initiatives funding is available to 17
assist districts in the district's implementation of the requirements of 18
AS 14.03.016(a)(3), (a)(7), and (a)(8), AS 14.03.115, AS 14.30.361(e) and (f), and 19
AS 14.33.120(a)(10), including the costs of additional administrative and 20
educational support personnel and modification of locker rooms and restroom 21
facilities; a parental involvement initiatives funding factor of 1.005 shall be 22
applied as set out in AS 14.17.410(b)(1). 23
* Sec. 7. AS 14.17.440(a) is amended to read: 24
(a) Except as provided in AS 14.17.400(b), funding for state boarding schools 25
established under AS 14.16.010 includes an allocation from the public education fund 26
in an amount calculated by 27
(1) determining the ADM of state boarding schools by applying the 28
school size factor to the student count as described in AS 14.17.450; 29
(2) multiplying the number obtained under (1) of this subsection by the 30
special needs factor in AS 14.17.420(a)(1), [AND] the secondary school vocational 31 33-GH1072\S
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and technical instruction funding factor set out in AS 14.17.420(a)(3), and the 1
parental involvement initiatives funding factor set out in AS 14.17.420(a)(4) and 2
multiplying that product by the base student allocation; and 3
(3) multiplying the product determined under (2) of this subsection by 4
the district cost factor that is applicable to calculation of the state aid for the adjacent 5
school district under AS 14.17.460. 6
* Sec. 8. AS 14.33.120(a) is amended to read: 7
(a) Each governing body shall adopt a written school disciplinary and safety 8
program. The program required under this subsection must be made available to 9
students, parents, legal guardians, and the public and include written 10
(1) standards for student behavior and safety that reflect community 11
standards and that include, at a minimum, basic requirements for respect and honesty; 12
standards required under this paragraph must be developed and periodically reviewed 13
with the collaboration of members of each school, parents, legal guardians, teachers, 14
and other persons responsible for the students at a school; a governing body may 15
require that standards developed under this paragraph be consistent for all schools in 16
an attendance area or the district; 17
(2) standards relating to when a teacher is authorized to remove a 18
student from the classroom for 19
(A) failure to follow student behavior and safety standards; or 20
(B) behavior described under AS 14.30.045(1) or (2); 21
(3) procedures for notifying teachers of dangerous students consistent 22
with AS 47.12.310(b); 23
(4) standards relating to when a teacher, teacher's assistant, or other 24
person responsible for students is authorized to use reasonable and appropriate force to 25
maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 26
(5) policies necessary to comply with provisions of state and federal 27
law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act); 28
(6) standards to address needs of students for whom mental health or 29
substance abuse may be a contributing factor to noncompliance with the school 30
disciplinary and safety program; 31 33-GH1072\S
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(7) policies for implementing a student conflict resolution strategy, 1
including the nonviolent resolution or mediation of conflicts and procedures for 2
reporting and resolving conflicts; 3
(8) procedures for periodic review and revision of the school 4
disciplinary and safety program; 5
(9) policies and procedures consistent with standards for use of 6
restraint and seclusion of students as described in AS 14.33.125; 7
(10) procedures to address the physical safety and privacy of 8
students in locker rooms and restrooms by providing access to single-occupant 9
facilities or other safety and privacy protocols consistent with AS 14.18.040. 10
* Sec. 9. AS 14.03.016(d)(2) is repealed. 11
* Sec. 10. This Act takes effect July 1, 2023. 12