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Alaska House Bill HB105

Alaska 2023-2024 Regular Session

Alaska House Bill HB105 Compare Versions

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2-HB0105c -1- CSHB 105(JUD)
2+HB0105b -1- CSHB 105(EDC)
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10-CS FOR HOUSE BILL NO. 105(JUD)
10+CS FOR HOUSE BILL NO. 105(EDC)
1111
1212 IN THE LEGISLATURE OF THE STATE OF ALASKA
1313
14-THIRTY-THIRD LEGISLATURE - SECOND SESSION
14+THIRTY-THIRD LEGISLATURE - FIRST SESSION
1515
16-BY THE HOUSE JUDICIARY COMMITTEE
16+BY THE HOUSE EDUCATION COMMITTEE
1717
18-Offered: 5/1/24
19-Referred: Rules
18+Offered: 4/28/23
19+Referred: Judiciary
2020
2121 Sponsor(s): HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
2222 A BILL
2323
2424 FOR AN ACT ENTITLED
2525
2626 "An Act relating to parental rights in a child's education; relating to a child's names and 1
27-pronouns; relating to liability of school districts; relating to access to school records; 2
28-relating to the prevention and reduction of truancy; relating to school disciplinary and 3
29-safety programs; relating to training on sex trafficking, human trafficking, sexual abuse, 4
30-and sexual assault awareness and prevention; and providing for an effective date." 5
31-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
32- * Section 1. AS 14.03.016(a) is amended to read: 7
33-(a) A local school board shall, in consultation with parents, teachers, and 8
34-school administrators, adopt policies to promote the involvement of parents in the 9
35-school district's education program. The policies must include procedures 10
36-(1) recognizing the authority of a parent and allowing a parent to 11
37-object to and withdraw the child from a standards-based assessment or test required by 12
38-the state; 13 33-GH1072\T
39-CSHB 105(JUD) -2- HB0105c
27+pronouns; relating to access to school records; relating to school funding; relating to 2
28+charter schools; relating to state boarding schools; relating to school disciplinary and 3
29+safety programs; and providing for an effective date." 4
30+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
31+ * Section 1. AS 14.03.016(a) is amended to read: 6
32+(a) A local school board shall, in consultation with parents, teachers, and 7
33+school administrators, adopt policies to promote the involvement of parents in the 8
34+school district's education program. The policies must include procedures 9
35+(1) recognizing the authority of a parent and allowing a parent to 10
36+object to and withdraw the child from a standards-based assessment or test required by 11
37+the state; 12
38+(2) recognizing the authority of a parent and allowing a parent to 13
39+object to and withdraw the child from an activity, class, or program; 14 33-GH1072\S
40+CSHB 105(EDC) -2- HB0105b
4041 New Text Underlined [DELETED TEXT BRACKETED]
4142
42-(2) recognizing the authority of a parent and allowing a parent to 1
43-object to and withdraw the child from an activity, class, or program; 2
44-(3) requiring that 3
45-(A) a child's parent receive [PROVIDING FOR PARENT] 4
46-notification not less than two weeks before any activity, class, or program that 5
47-includes content involving [HUMAN REPRODUCTION OR] sexual matters; 6
48-and 7
49-(B) a child's parent provide written permission before the 8
50-child may participate in any activity, class, or program that includes 9
51-content involving sexual matters [IS PROVIDED TO A CHILD]; 10
52-(4) recognizing the authority of a parent and allowing a parent to 11
53-withdraw the child from an activity, class, program, or standards-based assessment or 12
54-test required by the state for a religious holiday, as defined by the parent; 13
55-(5) providing a parent with an opportunity to review the content of an 14
56-activity, class, performance standard, or program; 15
57-(6) ensuring that, when a child is absent from an activity, class, 16
58-program, or standards-based assessment or test required by the state under this section, 17
59-the absence is not considered an unlawful absence under AS 14.30.020 if the child's 18
60-parent withdrew the child from the activity, class, program, or standards-based 19
61-assessment or test or gave permission for the child's absence; 20
62-(7) requiring written permission from a parent before the name or 21
63-pronoun used by a public school to address or refer to the child in person, on 22
64-school identification, or in school records is changed; 23
65-(8) requiring that a parent be informed in writing of the right to 24
66-pursue legal action against a school district if the parent's rights have been 25
67-violated. 26
68- * Sec. 2. AS 14.03.016(d) is amended by adding new paragraphs to read: 27
69-(6) "gender identity" has the meaning given in the Diagnostic and 28
70-Statistical Manual of Mental Disorders, Fifth Edition, which defines "gender identity" 29
71-as a category of social identity referring to an individual's identification as male, 30
72-female, or, occasionally, some category other than male or female; 31 33-GH1072\T
73-HB0105c -3- CSHB 105(JUD)
43+(3) requiring that, [PROVIDING FOR PARENT NOTIFICATION 1
44+NOT LESS THAN TWO WEEKS] before any activity, class, or program [THAT 2
45+INCLUDES CONTENT INVOLVING HUMAN REPRODUCTION OR SEXUAL 3
46+MATTERS] is provided to a child, the child's parent 4
47+(A) receive notification not less than two weeks before the 5
48+activity, class, or program; 6
49+(B) provide written permission for the child to participate 7
50+in the activity, class, or program; 8
51+(4) recognizing the authority of a parent and allowing a parent to 9
52+withdraw the child from an activity, class, program, or standards-based assessment or 10
53+test required by the state for a religious holiday, as defined by the parent; 11
54+(5) providing a parent with an opportunity to review the content of an 12
55+activity, class, performance standard, or program; 13
56+(6) ensuring that, when a child is absent from an activity, class, 14
57+program, or standards-based assessment or test required by the state under this section, 15
58+the absence is not considered an unlawful absence under AS 14.30.020 if the child's 16
59+parent withdrew the child from the activity, class, program, or standards-based 17
60+assessment or test or gave permission for the child's absence; 18
61+(7) requiring 19
62+(A) a parent of a child enrolled in the school district to 20
63+provide to the school district, at the beginning of each semester of the 21
64+school term, a list of all the names and pronouns that may be used to 22
65+address or refer to the child; 23
66+(B) a school district to 24
67+(i) develop a procedure for a parent to update the 25
68+list of names and pronouns provided under (A) of this paragraph; 26
69+(ii) address and refer to the child in person, on 27
70+school identification, and in school records by the names and 28
71+pronouns provided under (A) of this paragraph. 29
72+ * Sec. 2. AS 14.03.016 is amended by adding a new subsection to read: 30
73+(e) The requirements of AS 14.03.016(a)(3) do not apply to 31 33-GH1072\S
74+HB0105b -3- CSHB 105(EDC)
7475 New Text Underlined [DELETED TEXT BRACKETED]
7576
76-(7) "sexual matters" includes human reproduction, human sexuality, 1
77-gender identity, sexual abuse, sexual assault awareness and prevention, sex education, 2
78-sex trafficking, and teen dating violence and abuse awareness and prevention. 3
79- * Sec. 3. AS 14.03.016 is amended by adding new subsections to read: 4
80-(e) A school district that knowingly or recklessly violates a policy adopted 5
81-under (a) of this section is liable in a civil action filed by a parent in an amount not 6
82-less than $5,000 and, if the violation is proved by clear and convincing evidence, may 7
83-be liable for treble damages. In this subsection, "knowingly" and "recklessly" have the 8
84-meanings given in AS 11.81.900(a). 9
85-(f) A school district shall coordinate with a parent who has withdrawn a child 10
86-from an activity, class, program, or standards-based assessment or test required by the 11
87-state under this section to provide supplemental materials or activities to enhance the 12
88-child's education on the subject. 13
89-(g) A local school board shall, in consultation with parents, teachers, and 14
90-school administrators, adopt policies recognizing the constitutional rights of persons 15
91-who are not school district employees when the persons are on school grounds and at 16
92-school events, including parents, students, and visitors, to exercise speech 17
93-unconstrained by proscriptive or restrictive speech requirements regarding the use of 18
94-preferred pronouns. 19
95- * Sec. 4. AS 14.03.115 is amended to read: 20
96-Sec. 14.03.115. Access to school records by parent, foster parent, or 21
97-guardian. Upon request of a parent, foster parent, or guardian of a child under 18 22
98-years of age who is currently or was previously enrolled in a municipal school district 23
99-or a school district that is a regional educational attendance area, the school district 24
100-shall provide a copy of the child's entire record. If a school district does not provide 25
101-a portion of the record, the school district shall, within 14 days, provide a written 26
102-explanation that includes the legal exemption for withholding that portion of the 27
103-record. This section does not apply to 28
104-(1) a record of a child who is an emancipated minor; or 29
105-(2) record information that consists of the child's address if the school 30
106-district determines that the release of the child's address poses a threat to the health or 31 33-GH1072\T
107-CSHB 105(JUD) -4- HB0105c
77+(1) sexual abuse and sexual assault awareness and prevention training 1
78+required under AS 14.30.355; or 2
79+(2) dating violence and abuse awareness and prevention training 3
80+required under AS 14.30.356. 4
81+ * Sec. 3. AS 14.03.115 is amended to read: 5
82+Sec. 14.03.115. Access to school records by parent, foster parent, or 6
83+guardian. Upon request of a parent, foster parent, or guardian of a child under 18 7
84+years of age who is currently or was previously enrolled in a municipal school district 8
85+or a school district that is a regional educational attendance area, the school district 9
86+shall provide a copy of the child's entire record. This section does not apply to 10
87+(1) a record of a child who is an emancipated minor; or 11
88+(2) record information that consists of the child's address if the school 12
89+district determines that the release of the child's address poses a threat to the health or 13
90+safety of the child. 14
91+ * Sec. 4. AS 14.03.260(a) is amended to read: 15
92+(a) A local school board shall provide an approved charter school with an 16
93+annual program budget. The budget shall be not less than the amount generated by the 17
94+students enrolled in the charter school less administrative costs retained by the local 18
95+school district, determined by applying the indirect cost rate approved by the 19
96+department up to four percent. Costs directly related to charter school facilities, 20
97+including rent, utilities, and maintenance, may not be included in an annual program 21
98+budget for the purposes of calculating the four percent cap on administrative costs 22
99+under this subsection. A local school board shall provide a charter school with a report 23
100+itemizing the administrative costs retained by the local school board under this section. 24
101+The "amount generated by students enrolled in the charter school" is to be determined 25
102+in the same manner as it would be for a student enrolled in another public school in 26
103+that school district and includes funds generated by grants, appropriations, federal 27
104+impact aid, the required local contribution, the local contribution under 28
105+AS 14.17.410(c), special needs under AS 14.17.420(a)(1), [AND] secondary school 29
106+vocational and technical instruction under AS 14.17.420(a)(3), and parental 30
107+involvement initiatives under AS 14.17.420(a)(4). A school district shall direct state 31 33-GH1072\S
108+CSHB 105(EDC) -4- HB0105b
108109 New Text Underlined [DELETED TEXT BRACKETED]
109110
110-safety of the child. 1
111- * Sec. 5. AS 14.20.020(k) is amended to read: 2
112-(k) Except as provided in AS 14.20.015, a person is not eligible for a teacher 3
113-certificate unless the person has completed training regarding alcohol and drug related 4
114-disabilities required under AS 14.20.680, training regarding sex trafficking, human 5
115-trafficking, sexual abuse, and sexual assault awareness and prevention required under 6
116-AS 14.30.355, training regarding dating violence and abuse awareness and prevention 7
117-required under AS 14.30.356, and training related to suicide prevention required under 8
118-AS 14.30.362. 9
119- * Sec. 6. AS 14.30.030 is amended to read: 10
120-Sec. 14.30.030. Prevention and reduction of truancy. The governing body of 11
121-a school district, including a regional educational attendance area, shall establish 12
122-procedures to prevent and reduce truancy. The procedures must include 13
123-(1) a data-driven and evidence-based program to identify and aid 14
124-chronically absent students; 15
125-(2) written or electronic communication informing the parent or 16
126-guardian of a student of the total number of absences accrued by the student and 17
127-the potential effect of additional absences; and 18
128-(3) one or more of the following practices: 19
129-(A) family engagement; 20
130-(B) mentoring; 21
131-(C) visits to a student's home; or 22
132-(D) personalized messaging. 23
133- * Sec. 7. AS 14.30.355(a) is amended to read: 24
134-(a) The governing body of each school district shall adopt and implement a 25
135-policy, establish a training program for employees and students, and provide parent 26
136-notices relating to sex trafficking, human trafficking, sexual abuse and sexual 27
137-assault awareness and prevention for students enrolled in grades kindergarten through 28
138-12. 29
139- * Sec. 8. AS 14.30.355(b) is amended to read: 30
140-(b) The policy, training, and notices adopted under this section must be a 31 33-GH1072\T
141-HB0105c -5- CSHB 105(JUD)
111+aid under AS 14.11 for the construction or major maintenance of a charter school 1
112+facility to the charter school that generated the state aid, subject to the same terms and 2
113+conditions that apply to state aid under AS 14.11 for construction or major 3
114+maintenance of a school facility that is not a charter school. 4
115+ * Sec. 5. AS 14.17.410(b) is amended to read: 5
116+(b) Public school funding consists of state aid, a required local contribution, 6
117+and eligible federal impact aid determined as follows: 7
118+(1) state aid equals basic need minus a required local contribution and 8
119+90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum 9
120+obtained under (D) of this paragraph, multiplied by the base student allocation set out 10
121+in AS 14.17.470; district adjusted ADM is calculated as follows: 11
122+(A) the ADM of each school in the district is calculated by 12
123+applying the school size factor to the student count as set out in AS 14.17.450; 13
124+(B) the number obtained under (A) of this paragraph is 14
125+multiplied by the district cost factor described in AS 14.17.460; 15
126+(C) the ADMs of each school in a district, as adjusted 16
127+according to (A) and (B) of this paragraph, are added; the sum is then 17
128+multiplied by the special needs factor set out in AS 14.17.420(a)(1), [AND] the 18
129+secondary school vocational and technical instruction funding factor set out in 19
130+AS 14.17.420(a)(3), and the parental involvement initiatives funding factor 20
131+set out in AS 14.17.420(a)(4); 21
132+(D) the number obtained for intensive services under 22
133+AS 14.17.420(a)(2) and the number obtained for correspondence study under 23
134+AS 14.17.430 are added to the number obtained under (C) of this paragraph or 24
135+under (H) and (I) of this paragraph; 25
136+(E) notwithstanding (A) - (C) of this paragraph, if a school 26
137+district's ADM adjusted for school size under (A) of this paragraph decreases 27
138+by five percent or more from one fiscal year to the next fiscal year, the school 28
139+district may use the last fiscal year before the decrease as a base fiscal year to 29
140+offset the decrease, according to the following method: 30
141+(i) for the first fiscal year after the base fiscal year 31 33-GH1072\S
142+HB0105b -5- CSHB 105(EDC)
142143 New Text Underlined [DELETED TEXT BRACKETED]
143144
144-scalable, repeatable program and must include 1
145-(1) an age-appropriate and trauma-informed approach 2
146-[INFORMATION]; 3
147-(2) warning signs of sexual abuse, grooming, attempted sex 4
148-trafficking, and attempted human trafficking of a child; 5
149-(3) referral and resource information; 6
150-(4) available student counseling and educational support; 7
151-(5) information about safe online practices and the warning signs 8
152-of grooming, attempted sex trafficking, and attempted human trafficking of a 9
153-child through electronic means [METHODS FOR INCREASING TEACHER, 10
154-STUDENT, AND PARENT AWARENESS OF ISSUES REGARDING SEXUAL 11
155-ABUSE OF CHILDREN]; 12
156-(6) actions that a child may take to prevent and report sex trafficking, 13
157-human trafficking, sexual abuse, or sexual assault; and 14
158-(7) use of evidence-based best practices [A PROCEDURE 15
159-ALLOWING A STUDENT TO BE EXCUSED FROM PARTICIPATING IN 16
160-TRAINING OR FROM RECEIVING NOTICES UNDER THIS SECTION AT THE 17
161-WRITTEN REQUEST OF A PARENT OR GUARDIAN OF THE STUDENT, OR 18
162-OF THE STUDENT IF THE STUDENT IS EMANCIPATED OR 18 YEARS OF 19
163-AGE OR OLDER]. 20
164- * Sec. 9. AS 14.30.361 is amended by adding new subsections to read: 21
165-(e) A person may not teach a class or program involving sexual matters, as 22
166-defined in AS 14.03.016(d), to a student unless a parent of the student receives 23
167-notification and provides written permission for the student in accordance with 24
168-AS 14.03.016(a)(3). 25
169-(f) A student enrolled in kindergarten through grade three may not attend a 26
170-class or program involving sexual matters as defined in AS 14.03.016(d). This section 27
171-does not apply to the training required under AS 14.30.355. 28
172- * Sec. 10. AS 14.33.120(a) is amended to read: 29
173-(a) Each governing body shall adopt a written school disciplinary and safety 30
174-program. The program required under this subsection must be made available to 31 33-GH1072\T
175-CSHB 105(JUD) -6- HB0105c
145+determined under this subparagraph, the school district's ADM adjusted 1
146+for school size determined under (A) of this paragraph is calculated as 2
147+the district's ADM adjusted for school size, plus 75 percent of the 3
148+difference in the district's ADM adjusted for school size between the 4
149+base fiscal year and the first fiscal year after the base fiscal year; 5
150+(ii) for the second fiscal year after the base fiscal year 6
151+determined under this subparagraph, the school district's ADM adjusted 7
152+for school size determined under (A) of this paragraph is calculated as 8
153+the district's ADM adjusted for school size, plus 50 percent of the 9
154+difference in the district's ADM adjusted for school size between the 10
155+base fiscal year and the second fiscal year after the base fiscal year; 11
156+(iii) for the third fiscal year after the base fiscal year 12
157+determined under this subparagraph, the school district's ADM adjusted 13
158+for school size determined under (A) of this paragraph is calculated as 14
159+the district's ADM adjusted for school size, plus 25 percent of the 15
160+difference in the district's ADM adjusted for school size between the 16
161+base fiscal year and the third fiscal year after the base fiscal year; 17
162+(F) the method established in (E) of this paragraph is available 18
163+to a school district for the three fiscal years following the base fiscal year 19
164+determined under (E) of this paragraph only if the district's ADM adjusted for 20
165+school size determined under (A) of this paragraph for each fiscal year is less 21
166+than the district's ADM adjusted for school size in the base fiscal year; 22
167+(G) the method established in (E) of this paragraph does not 23
168+apply to a decrease in the district's ADM adjusted for school size resulting 24
169+from a loss of enrollment that occurs as a result of a boundary change under 25
170+AS 29; 26
171+(H) notwithstanding (A) - (C) of this paragraph, if one or more 27
172+schools close and consolidate with one or more other schools in the same 28
173+community and district and, as a result of the consolidation, basic need 29
174+generated by the district's ADM of the consolidated schools as adjusted under 30
175+(A) - (C) of this paragraph decreases, the district may use the last fiscal year 31 33-GH1072\S
176+CSHB 105(EDC) -6- HB0105b
176177 New Text Underlined [DELETED TEXT BRACKETED]
177178
178-students, parents, legal guardians, and the public and include written 1
179-(1) standards for student behavior and safety that reflect community 2
180-standards and that include, at a minimum, basic requirements for respect and honesty; 3
181-standards required under this paragraph must be developed and periodically reviewed 4
182-with the collaboration of members of each school, parents, legal guardians, teachers, 5
183-and other persons responsible for the students at a school; a governing body may 6
184-require that standards developed under this paragraph be consistent for all schools in 7
185-an attendance area or the district; 8
186-(2) standards relating to when a teacher is authorized to remove a 9
187-student from the classroom for 10
188-(A) failure to follow student behavior and safety standards; or 11
189-(B) behavior described under AS 14.30.045(1) or (2); 12
190-(3) procedures for notifying teachers of dangerous students consistent 13
191-with AS 47.12.310(b); 14
192-(4) standards relating to when a teacher, teacher's assistant, or other 15
193-person responsible for students is authorized to use reasonable and appropriate force to 16
194-maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 17
195-(5) policies necessary to comply with provisions of state and federal 18
196-law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act); 19
197-(6) standards to address needs of students for whom mental health or 20
198-substance abuse may be a contributing factor to noncompliance with the school 21
199-disciplinary and safety program; 22
200-(7) policies for implementing a student conflict resolution strategy, 23
201-including the nonviolent resolution or mediation of conflicts and procedures for 24
202-reporting and resolving conflicts; 25
203-(8) procedures for periodic review and revision of the school 26
204-disciplinary and safety program; 27
205-(9) policies and procedures consistent with standards for use of 28
206-restraint and seclusion of students as described in AS 14.33.125; 29
207-(10) procedures to address the physical safety and privacy of 30
208-students in locker rooms and restrooms by providing access to single-occupant 31 33-GH1072\T
209-HB0105c -7- CSHB 105(JUD)
179+before the consolidation as the base fiscal year to offset that decrease for the 1
180+first four fiscal years following consolidation according to the following 2
181+method: 3
182+(i) for the first two fiscal years after the base fiscal year, 4
183+the district's ADM of the consolidated schools as adjusted under (A) - 5
184+(C) of this paragraph is calculated by dividing the sum of the district's 6
185+ADM of the consolidated schools as adjusted under (A) - (C) of this 7
186+paragraph for the base fiscal year by the sum of the district's ADM of 8
187+the consolidated schools for the base fiscal year without adjustment, 9
188+and subtracting the quotient obtained by dividing the district's ADM of 10
189+the consolidated schools for the current fiscal year as adjusted under 11
190+(A) - (C) of this paragraph by the sum of the district's ADM of the 12
191+consolidated schools for the current fiscal year without adjustment, 13
192+multiplying that number by the sum of the district's ADM of the 14
193+consolidated schools for the current fiscal year without adjustment, and 15
194+adding that number to the sum of the district's ADM of the consolidated 16
195+schools for the current fiscal year as adjusted under (A) - (C) of this 17
196+paragraph; 18
197+(ii) for the third fiscal year after the base fiscal year, the 19
198+district's ADM of the consolidated schools as adjusted under (A) - (C) 20
199+of this paragraph is calculated by dividing the sum of the district's 21
200+ADM of the consolidated schools as adjusted under (A) - (C) of this 22
201+paragraph for the base fiscal year by the sum of the district's ADM of 23
202+the consolidated schools for the base fiscal year without adjustment, 24
203+and subtracting the quotient obtained by dividing the sum of the 25
204+district's ADM of the consolidated schools for the current fiscal year as 26
205+adjusted under (A) - (C) of this paragraph by the sum of the district's 27
206+ADM of the consolidated schools for the current fiscal year, 28
207+multiplying that number by the sum of the district's ADM of the 29
208+consolidated schools for the current fiscal year without adjustment, 30
209+multiplying that number by 66 percent, and adding that number to the 31 33-GH1072\S
210+HB0105b -7- CSHB 105(EDC)
210211 New Text Underlined [DELETED TEXT BRACKETED]
211212
212-facilities or other safety and privacy protocols consistent with AS 14.18.040. 1
213- * Sec. 11. AS 14.03.016(d)(2) is repealed. 2
214- * Sec. 12. This Act takes effect July 1, 2024. 3
213+sum of the district's ADM of the consolidated schools for the current 1
214+fiscal year as adjusted under (A) - (C) of this paragraph; 2
215+(iii) for the fourth fiscal year after the base fiscal year, 3
216+the district's ADM of the consolidated schools as adjusted under (A) - 4
217+(C) of this paragraph is calculated by dividing the sum of the district's 5
218+ADM of the consolidated schools as adjusted under (A) - (C) of this 6
219+paragraph for the base fiscal year by the sum of the district's ADM of 7
220+the consolidated schools for the base fiscal year without adjustment, 8
221+and subtracting the quotient obtained by dividing the sum of the 9
222+district's ADM of the consolidated schools for the current fiscal year as 10
223+adjusted under (A) - (C) of this paragraph by the sum of the district's 11
224+ADM of the consolidated schools for the current fiscal year, 12
225+multiplying that number by the sum of the district's ADM of the 13
226+consolidated schools for the current fiscal year without adjustment, 14
227+multiplying that number by 33 percent, and adding that number to the 15
228+sum of the district's ADM of the consolidated schools for the current 16
229+fiscal year as adjusted under (A) - (C) of this paragraph; 17
230+(iv) to calculate the district's basic need for each fiscal 18
231+year, the number obtained through the calculation in (i), (ii), or (iii) of 19
232+this subparagraph is added to the number obtained under (C) of this 20
233+paragraph for the remainder of the district; 21
234+(I) if the basic need calculated under (H)(i) - (iii) of this 22
235+paragraph for one of the first four fiscal years after consolidation is less than 23
236+the basic need calculated under (A) - (C) of this paragraph for that fiscal year, 24
237+the basic need may not be adjusted under (H) of this paragraph for that fiscal 25
238+year; 26
239+(J) a district may not offset a decrease under (H) of this 27
240+paragraph if 28
241+(i) a new facility is constructed in the district for the 29
242+consolidation; or 30
243+(ii) the district offset a decrease under (E) of this 31 33-GH1072\S
244+CSHB 105(EDC) -8- HB0105b
245+ New Text Underlined [DELETED TEXT BRACKETED]
246+
247+paragraph in the same fiscal year; 1
248+(K) a district that offsets a decrease under (H) of this paragraph 2
249+may not reopen a school that was closed for consolidation in the district until 3
250+(i) seven or more years have passed since the school 4
251+closure; and 5
252+(ii) the district provides evidence satisfactory to the 6
253+department that the schools affected by the consolidation are over 7
254+capacity; 8
255+(L) a district may not reopen and reconsolidate a school that 9
256+was consolidated in the district more than once every seven years for purposes 10
257+of the calculations made under (H) of this paragraph; 11
258+(M) a district offsetting a decrease under (H) of this paragraph 12
259+shall provide the department with the list of schools participating in the 13
260+consolidation and the corresponding ADM; 14
261+(2) the required local contribution of a city or borough school district is 15
262+the equivalent of a 2.65 mill tax levy on the full and true value of the taxable real and 16
263+personal property in the district as of January 1 of the second preceding fiscal year, as 17
264+determined by the Department of Commerce, Community, and Economic 18
265+Development under AS 14.17.510 and AS 29.45.110, not to exceed 45 percent of a 19
266+district's basic need for the preceding fiscal year as determined under (1) of this 20
267+subsection. 21
268+ * Sec. 6. AS 14.17.420(a) is amended to read: 22
269+(a) As a component of public school funding, a district is eligible for special 23
270+needs, [AND] secondary school vocational and technical instruction, and parental 24
271+involvement initiatives funding and may be eligible for intensive services funding as 25
272+follows: 26
273+(1) special needs funding is available to a district to assist the district 27
274+in providing special education, gifted and talented education, vocational education, 28
275+and bilingual education services to its students; a special needs funding factor of 1.20 29
276+shall be applied as set out in AS 14.17.410(b)(1); 30
277+(2) in addition to the special needs funding for which a district is 31 33-GH1072\S
278+HB0105b -9- CSHB 105(EDC)
279+ New Text Underlined [DELETED TEXT BRACKETED]
280+
281+eligible under (1) of this subsection, a district is eligible for intensive services funding 1
282+for each special education student who needs and receives intensive services and is 2
283+enrolled on the last day of the count period; for each such student, intensive services 3
284+funding is equal to the intensive student count multiplied by 13; 4
285+(3) in addition to the special needs and intensive services funding 5
286+available under (1) and (2) of this subsection, secondary school vocational and 6
287+technical instruction funding is available to assist districts in providing vocational and 7
288+technical instruction to students who are enrolled in a secondary school; a secondary 8
289+school vocational and technical instruction funding factor of 1.015 shall be applied as 9
290+set out in AS 14.17.410(b)(1); in this paragraph, "vocational and technical instruction" 10
291+excludes costs associated with 11
292+(A) administrative expenses; and 12
293+(B) instruction in general literacy, mathematics, and job 13
294+readiness skills; 14
295+(4) in addition to the special needs, intensive services, and 15
296+secondary school vocational and technical instruction funding available under (1) 16
297+- (3) of this subsection, parental involvement initiatives funding is available to 17
298+assist districts in the district's implementation of the requirements of 18
299+AS 14.03.016(a)(3), (a)(7), and (a)(8), AS 14.03.115, AS 14.30.361(e) and (f), and 19
300+AS 14.33.120(a)(10), including the costs of additional administrative and 20
301+educational support personnel and modification of locker rooms and restroom 21
302+facilities; a parental involvement initiatives funding factor of 1.005 shall be 22
303+applied as set out in AS 14.17.410(b)(1). 23
304+ * Sec. 7. AS 14.17.440(a) is amended to read: 24
305+(a) Except as provided in AS 14.17.400(b), funding for state boarding schools 25
306+established under AS 14.16.010 includes an allocation from the public education fund 26
307+in an amount calculated by 27
308+(1) determining the ADM of state boarding schools by applying the 28
309+school size factor to the student count as described in AS 14.17.450; 29
310+(2) multiplying the number obtained under (1) of this subsection by the 30
311+special needs factor in AS 14.17.420(a)(1), [AND] the secondary school vocational 31 33-GH1072\S
312+CSHB 105(EDC) -10- HB0105b
313+ New Text Underlined [DELETED TEXT BRACKETED]
314+
315+and technical instruction funding factor set out in AS 14.17.420(a)(3), and the 1
316+parental involvement initiatives funding factor set out in AS 14.17.420(a)(4) and 2
317+multiplying that product by the base student allocation; and 3
318+(3) multiplying the product determined under (2) of this subsection by 4
319+the district cost factor that is applicable to calculation of the state aid for the adjacent 5
320+school district under AS 14.17.460. 6
321+ * Sec. 8. AS 14.33.120(a) is amended to read: 7
322+(a) Each governing body shall adopt a written school disciplinary and safety 8
323+program. The program required under this subsection must be made available to 9
324+students, parents, legal guardians, and the public and include written 10
325+(1) standards for student behavior and safety that reflect community 11
326+standards and that include, at a minimum, basic requirements for respect and honesty; 12
327+standards required under this paragraph must be developed and periodically reviewed 13
328+with the collaboration of members of each school, parents, legal guardians, teachers, 14
329+and other persons responsible for the students at a school; a governing body may 15
330+require that standards developed under this paragraph be consistent for all schools in 16
331+an attendance area or the district; 17
332+(2) standards relating to when a teacher is authorized to remove a 18
333+student from the classroom for 19
334+(A) failure to follow student behavior and safety standards; or 20
335+(B) behavior described under AS 14.30.045(1) or (2); 21
336+(3) procedures for notifying teachers of dangerous students consistent 22
337+with AS 47.12.310(b); 23
338+(4) standards relating to when a teacher, teacher's assistant, or other 24
339+person responsible for students is authorized to use reasonable and appropriate force to 25
340+maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 26
341+(5) policies necessary to comply with provisions of state and federal 27
342+law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act); 28
343+(6) standards to address needs of students for whom mental health or 29
344+substance abuse may be a contributing factor to noncompliance with the school 30
345+disciplinary and safety program; 31 33-GH1072\S
346+HB0105b -11- CSHB 105(EDC)
347+ New Text Underlined [DELETED TEXT BRACKETED]
348+
349+(7) policies for implementing a student conflict resolution strategy, 1
350+including the nonviolent resolution or mediation of conflicts and procedures for 2
351+reporting and resolving conflicts; 3
352+(8) procedures for periodic review and revision of the school 4
353+disciplinary and safety program; 5
354+(9) policies and procedures consistent with standards for use of 6
355+restraint and seclusion of students as described in AS 14.33.125; 7
356+(10) procedures to address the physical safety and privacy of 8
357+students in locker rooms and restrooms by providing access to single-occupant 9
358+facilities or other safety and privacy protocols consistent with AS 14.18.040. 10
359+ * Sec. 9. AS 14.03.016(d)(2) is repealed. 11
360+ * Sec. 10. This Act takes effect July 1, 2023. 12