Alaska 2023 2023-2024 Regular Session

Alaska Senate Bill SB140 Comm Sub / Bill

Filed 01/16/2024

                     
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HOUSE CS FOR CS FOR SENATE BILL NO. 140(FIN) 
 
IN THE LEGISLATURE OF THE STATE OF ALASKA 
 
THIRTY-THIRD LEGISLATURE - SECOND SESSION 
 
BY THE HOUSE FINANCE COMMITTEE 
 
Offered:  1/16/24 
Referred:  Rules  
 
Sponsor(s):  SENATORS HOFFMAN, Bishop, Claman, Gray-Jackson, Tobin, Kiehl, Dunbar, Olson, Stevens 
A BILL 
 
FOR AN ACT ENTITLED 
 
"An Act relating to education; relating to funding for Internet services for school 1 
districts; requiring the Department of Education and Early Development to provide 2 
information relating to public schools on an Internet website; relating to information on 3 
the post-secondary education, career path, and residency of graduates from high schools 4 
in the state; relating to transportation of students; relating to state funding for districts 5 
operating residential schools; increasing the base student allocation; and providing for 6 
an effective date." 7 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8 
   * Section 1. AS 14.03.120 is amended by adding new subsections to read: 9 
(k) The department shall establish and maintain a user-friendly Internet 10 
website that allows a member of the public to view and download information 11 
described in this subsection and to make recommendations relating to improving 12 
public education in the state. The information on the Internet website must be 13    33-LS0687\U 
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presented in a fashion that is easily understood. To the extent practicable, and without 1 
disclosing information that is confidential under state or federal law, the department 2 
shall make the following information available on the Internet website: 3 
(1)  reports required under this section and AS 14.03.078; 4 
(2)  copies of audits made under AS 14.14.050; and 5 
(3) a description of how each district is addressing the needs of 6 
students who receive special education services. 7 
(l) A district may provide on the district's Internet website a link to the 8 
Internet website described in (k) of this section. 9 
(m) The department shall collaborate with the Department of Labor and 10 
Workforce Development under AS 44.31.020 to gather data on the progress of each 11 
high school graduating class in a district by collecting career, postsecondary 12 
education, and residency data on each student in the graduating class. The departments 13 
shall gather the data every five years for 20 years after the high school graduation date 14 
of the class. 15 
   * Sec. 2. AS 14.03.127(a) is amended to read: 16 
(a) Each fiscal year, a district in which one or more schools qualify for a 17 
discounted rate for Internet services under the federal universal services program is 18 
eligible to receive an amount for each school that is equal to the amount needed to 19 
bring the applicant's share to 100 [25] megabits of download a second of the Internet 20 
services.  21 
   * Sec. 3. AS 14.07.020(a), as amended by sec. 15, ch. 40, SLA 2022, is amended to read: 22 
(a)  The department shall  23 
(1) exercise general supervision over the public schools of the state 24 
except the University of Alaska;  25 
(2)  study the conditions and needs of the public schools of the state, 26 
adopt or recommend plans, administer and evaluate grants to improve school 27 
performance awarded under AS 14.03.125, and adopt regulations for the improvement 28 
of the public schools; the department may consult with the University of Alaska to 29 
develop secondary education requirements to improve student achievement in college 30 
preparatory courses;  31    33-LS0687\U 
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(3) provide advisory and consultative services to all public school 1 
governing bodies and personnel;  2 
(4)  prescribe by regulation a minimum course of study for the public 3 
schools; the regulations must provide that, if a course in American Sign Language is 4 
given, the course shall be given credit as a course in a foreign language;  5 
(5) establish, in coordination with the Department of Family and 6 
Community Services, a program for the continuing education of children who are held 7 
in juvenile detention facilities or juvenile treatment facilities, as those terms are 8 
defined in AS 47.12.990, in the state during the period of detention or treatment;  9 
(6) accredit those public schools that meet accreditation standards 10 
prescribed by regulation by the department; these regulations shall be adopted by the 11 
department and presented to the legislature during the first 10 days of any regular 12 
session, and become effective 45 days after presentation or at the end of the session, 13 
whichever is earlier, unless disapproved by a resolution concurred in by a majority of 14 
the members of each house;  15 
(7) prescribe by regulation, after consultation with the state fire 16 
marshal and the state sanitarian, standards that will ensure healthful and safe 17 
conditions in the public and private schools of the state, including a requirement of 18 
physical examinations and immunizations in pre-elementary schools; the standards for 19 
private schools may not be more stringent than those for public schools;  20 
(8) exercise general supervision over early education programs that 21 
receive direct state or federal funding, including early education programs provided by 22 
a school district for students four and five years of age, approve an early education 23 
program provided by a school district that complies with the standards adopted by the 24 
board under AS 14.07.165(a)(5), and revoke approval of an early education program if 25 
the program does not comply with the standards adopted by the board under 26 
AS 14.07.165(a)(5);  27 
(9) exercise general supervision over elementary and secondary 28 
correspondence study programs offered by municipal school districts or regional 29 
educational attendance areas; the department may also offer and make available to any 
30 
Alaskan through a centralized office a correspondence study program;  31    33-LS0687\U 
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(10)  accredit private schools that request accreditation and that meet 1 
accreditation standards prescribed by regulation by the department; nothing in this 2 
paragraph authorizes the department to require religious or other private schools to be 3 
licensed;  4 
(11) review plans for construction of new public elementary and 5 
secondary schools and for additions to and major rehabilitation of existing public 6 
elementary and secondary schools and, in accordance with regulations adopted by the 7 
department, determine and approve the extent of eligibility for state aid of a school 8 
construction or major maintenance project; for the purposes of this paragraph, "plans" 9 
include educational specifications, schematic designs, projected energy consumption 10 
and costs, and final contract documents;  11 
(12) provide educational opportunities in the areas of vocational 12 
education and training, and basic education to individuals over 16 years of age who 13 
are no longer attending school; the department may consult with businesses and labor 14 
unions to develop a program to prepare students for apprenticeships or internships that 15 
will lead to employment opportunities;  16 
(13)  administer the grants awarded under AS 14.11;  17 
(14)  establish, in coordination with the Department of Public Safety, a 18 
school bus driver training course;  19 
(15)  require the reporting of information relating to school disciplinary 20 
and safety programs under AS 14.33.120 and of incidents of disruptive or violent 21 
behavior;  22 
(16)  establish by regulation criteria, based on low student performance, 23 
under which the department may intervene in a school district to improve instructional 24 
practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include  25 
(A)  a notice provision that alerts the district to the deficiencies 26 
and the instructional practice changes proposed by the department;  27 
(B)  an end date for departmental intervention, as described in 28 
AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three 29 
consecutive years of improvement consisting of not less than tw
o percent 30 
increases in student proficiency on standards-based assessments in language 31    33-LS0687\U 
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arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 1 
(C) a process for districts to petition the department for 2 
continuing or discontinuing the department's intervention;  3 
(17) notify the legislative committees having jurisdiction over 4 
education before intervening in a school district under AS 14.07.030(a)(14) or 5 
redirecting public school funding under AS 14.07.030(a)(15);  6 
(18) establish a reading program to provide direct support for and 7 
intervention in the reading intervention programs of participating schools as described 8 
in AS 14.30.765 and 14.30.770; 9 
(19) annually convene, either in person or electronically, a panel to 10 
review and comment on the effectiveness of the programs created by the department 11 
and the regulations adopted by the board to implement AS 14.03.410, 14.03.420, 12 
AS 14.30.760 - 14.30.770, and 14.30.800; the panel 13 
(A)  shall provide recommendations and guidance to the board, 14 
the department, and the legislature on how to integrate early education and 15 
reading programs created under this title with tribal compacting or programs 16 
focused on cultural education within the department; 17 
(B) shall discuss support for reading in Alaska Native 18 
languages and other non-English languages;  19 
(C) must collectively represent the regions of the state and 20 
include teachers of grades kindergarten through three, school administrators, 21 
parents of students in grades kindergarten through three, stakeholders from 22 
indigenous language immersion programs, representatives from early 23 
education stakeholder groups, and researchers of best practices for improving 24 
literacy performance, including best practices for instruction of indigenous 25 
students and students whose first language is not English; 26 
(20) collaborate with the Department of Labor and Workforce 27 
Development to gather data on the progress of each high school graduating class 28 
as required under AS 14.03.120(m).  29 
   * Sec. 4. AS 14.07.020(a), as amended by sec. 16, ch. 40, SLA 2022, is amended to read: 30 
(a)  The department shall  31    33-LS0687\U 
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(1) exercise general supervision over the public schools of the state 1 
except the University of Alaska;  2 
(2)  study the conditions and needs of the public schools of the state, 3 
adopt or recommend plans, administer and evaluate grants to improve school 4 
performance awarded under AS 14.03.125, and adopt regulations for the improvement 5 
of the public schools; the department may consult with the University of Alaska to 6 
develop secondary education requirements to improve student achievement in college 7 
preparatory courses;  8 
(3) provide advisory and consultative services to all public school 9 
governing bodies and personnel;  10 
(4)  prescribe by regulation a minimum course of study for the public 11 
schools; the regulations must provide that, if a course in American Sign Language is 12 
given, the course shall be given credit as a course in a foreign language;  13 
(5) establish, in coordination with the Department of Family and 14 
Community Services, a program for the continuing education of children who are held 15 
in juvenile detention facilities or juvenile treatment facilities, as those terms are 16 
defined in AS 47.12.990, in the state during the period of detention or treatment;  17 
(6) accredit those public schools that meet accreditation standards 18 
prescribed by regulation by the department; these regulations shall be adopted by the 19 
department and presented to the legislature during the first 10 days of any regular 20 
session, and become effective 45 days after presentation or at the end of the session, 21 
whichever is earlier, unless disapproved by a resolution concurred in by a majority of 22 
the members of each house;  23 
(7) prescribe by regulation, after consultation with the state fire 24 
marshal and the state sanitarian, standards that will ensure healthful and safe 25 
conditions in the public and private schools of the state, including a requirement of 26 
physical examinations and immunizations in pre-elementary schools; the standards for 27 
private schools may not be more stringent than those for public schools;  28 
(8) exercise general supervision over early education programs that 29 
receive direct state or federal funding, including early education programs provided by 30 
a school district for students four and five years of age;  31    33-LS0687\U 
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(9) exercise general supervision over elementary and secondary 1 
correspondence study programs offered by municipal school districts or regional 2 
educational attendance areas; the department may also offer and make available to any 3 
Alaskan through a centralized office a correspondence study program;  4 
(10)  accredit private schools that request accreditation and that meet 5 
accreditation standards prescribed by regulation by the department; nothing in this 6 
paragraph authorizes the department to require religious or other private schools to be 7 
licensed;  8 
(11) review plans for construction of new public elementary and 9 
secondary schools and for additions to and major rehabilitation of existing public 10 
elementary and secondary schools and, in accordance with regulations adopted by the 11 
department, determine and approve the extent of eligibility for state aid of a school 12 
construction or major maintenance project; for the purposes of this paragraph, "plans" 13 
include educational specifications, schematic designs, projected energy consumption 14 
and costs, and final contract documents;  15 
(12) provide educational opportunities in the areas of vocational 16 
education and training, and basic education to individuals over 16 years of age who 17 
are no longer attending school; the department may consult with businesses and labor 18 
unions to develop a program to prepare students for apprenticeships or internships that 19 
will lead to employment opportunities;  20 
(13)  administer the grants awarded under AS 14.11;  21 
(14)  establish, in coordination with the Department of Public Safety, a 22 
school bus driver training course;  23 
(15)  require the reporting of information relating to school disciplinary 24 
and safety programs under AS 14.33.120 and of incidents of disruptive or violent 25 
behavior;  26 
(16)  establish by regulation criteria, based on low student performance, 27 
under which the department may intervene in a school district to improve instructional 28 
practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include  29 
(A)  a notice provision that alerts the district to the deficie
ncies 30 
and the instructional practice changes proposed by the department;  31    33-LS0687\U 
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(B)  an end date for departmental intervention, as described in 1 
AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three 2 
consecutive years of improvement consisting of not less than two percent 3 
increases in student proficiency on standards-based assessments in language 4 
arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 5 
(C) a process for districts to petition the department for 6 
continuing or discontinuing the department's intervention;  7 
(17) notify the legislative committees having jurisdiction over 8 
education before intervening in a school district under AS 14.07.030(a)(14) or 9 
redirecting public school funding under AS 14.07.030(a)(15); 10 
(18) collaborate with the Department of Labor and Workforce 11 
Development to gather data on the progress of each high school graduating class 12 
as required under AS 14.03.120(m).  13 
   * Sec. 5. AS 14.09.010(a) is repealed and reenacted to read: 14 
(a) A school district that provides student transportation services for the 15 
transportation of students who reside a distance from established schools is eligible to 16 
receive funding for operating or subcontracting the operation of the transportation 17 
system for students to and from the schools within the student's transportation service 18 
area. Subject to appropriation, the amount of funding provided by the state for 19 
operating the student transportation system is the amount of a school district's ADM, 20 
less the ADM for the district's correspondence programs during the current fiscal year, 21 
multiplied by the per student amount for the school district as follows, for the school 22 
years beginning July 1, 2023:  23 
 DISTRICT  PER STUDENT AMOUNT 24 
Alaska Gateway $2,536 25 
Aleutians East  378 26 
Anchorage  531 27 
Annette Island  222 28 
Bering Strait  60 29 
Bristol Bay  3,257 30 
Chatham  342 31    33-LS0687\U 
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Copper River  1,934 1 
Cordova  409 2 
Craig  515 3 
Delta/Greely  2,019 4 
Denali  2,203 5 
Dillingham  1,484 6 
Fairbanks  995 7 
Galena  310 8 
Haines  763 9 
Hoonah  364 10 
Iditarod  258 11 
Juneau  735 12 
Kake  331 13 
Kashunamiut  6 14 
Kenai Peninsula  1,115 15 
Ketchikan  886 16 
Klawock  712 17 
Kodiak Island  974 18 
Kuspuk  797 19 
Lake and Peninsula  468 20 
Lower Kuskokwim  338 21 
Lower Yukon  1 22 
Matanuska-Susitna  1,109 23 
Nenana  716 24 
Nome  757 25 
North Slope  1,365 26 
Northwest Arctic  30 27 
Pelican  88 28 
Petersburg  457 29 
Saint Mary's  235 30 
Sitka  522 31    33-LS0687\U 
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Skagway  44 1 
Southeast Island  1,408 2 
Southwest Region  728 3 
Tanana  581 4 
Unalaska  790 5 
Valdez  897 6 
Wrangell  854 7 
Yakutat  907 8 
Yukon Flats  322 9 
Yukon/Koyukuk  365 10 
Yupiit  2. 11 
   * Sec. 6. AS 14.16.200(b) is amended to read: 12 
(b)  Costs that may be claimed by a district for reimbursement under (a) of this 13 
section are  14 
(1) one round trip on the least expensive means of transportation 15 
between the student's community of residence and the school during the school year if 16 
the district expends money for the trip; and  17 
(2)  a per-pupil monthly stipend to cover room and board expenses as 18 
determined by the department on a regional basis and not to exceed the following 19 
amounts:  20 
(A)  for the Southeast Region (Region I), $1,845 [$1,230];  21 
(B)  for the Southcentral Region (Region II), $1,800 [$1,200];  22 
(C)  for the Interior Region (Region III), $2,178 [$1,452];  23 
(D)  for the Southwest Region (Region IV), $2,264 [$1,509];  24 
(E) for the Northern Remote Region (Region V), $2,664 25 
[$1,776].  26 
   * Sec. 7. AS 14.17.470, as amended by sec. 26, ch. 40, SLA 2022, is amended to read: 27 
Sec. 14.17.470. Base student allocation. The base student allocation is $6,640 28 
[$5,960].  29 
   * Sec. 8. AS 44.31.020 is amended to read: 30 
Sec. 44.31.020. Duties of department. The Department of Labor and 31    33-LS0687\U 
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Workforce Development shall  1 
(1) enforce the laws and adopt regulations under them concerning 2 
employer-employee relationships, including the safety, hours of work, wages, and 3 
conditions of workers, including children;  4 
(2)  accumulate, analyze, and report labor statistics;  5 
(3) operate systems of workers' compensation and unemployment 6 
insurance;  7 
(4)  gather data reflecting the cost of living in various locations of the 8 
state upon request of the director of personnel under AS 39.27.030;  9 
(5) operate the federally funded employment and training programs 10 
under 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998); 11 
(6)  administer the state's program of adult basic education and adopt 12 
regulations to administer the program; and  13 
(7)  administer the programs of the Alaska Vocational Technical Center 14 
and adopt regulations to administer the programs, including regulations that set rates 15 
for student tuition and room and board and fees for the programs and services 16 
provided by the department regarding the Alaska Vocational Technical Center; 17 
(8) gather data on the progress of each high school graduating 18 
class in a district by collecting career, postsecondary education, and residency 19 
data on each student in the graduating class; the department shall gather the 20 
data required under this paragraph every five years for 20 years after the high 21 
school graduation date of each high school graduating class; the department shall 22 
publish a biennial report on the data gathered under this paragraph; in this 23 
paragraph, "district" has the meaning given in AS 14.17.990.  24 
   * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 25 
read: 26 
RETROACTIVITY. Section 5 of this Act is retroactive to July 1, 2023. 27 
   * Sec. 10. Section 2 of this Act takes effect January 1, 2024. 28 
   * Sec. 11. Section 4 of this Act takes effect on the effective date of sec. 16, ch. 40, SLA 29 
2022. 30 
   * Sec. 12. Section 5 of this Act takes effect July 1, 2023. 31    33-LS0687\U 
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   * Sec. 13. Sections 6, 7, and 9 of this Act take effect on the effective date of sec. 26, ch. 40, 1 
SLA 2022. 2 
   * Sec. 14. AS 14.03.120(k) and (l), enacted by sec. 1 of this Act, take effect July 1, 2024. 3 
   * Sec. 15. AS 14.03.120(m), enacted by sec. 1 of this Act, and secs. 3 and 8 of this Act take 4 
effect July 1, 2025. 5