Alaska 2025-2026 Regular Session

Alaska House Bill HB59 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0059a -1- HB 59
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5	5	34-GH1518\A
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11	11	HOUSE BILL NO. 59
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
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19	19	Introduced: 1/22/25
20	20	Referred: House Special Committee on Tribal Affairs, Education
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to demonstration state-tribal education compacts; relating to 1
28	28	demonstration state-tribal education compact schools; and providing for an effective 2
29	29	date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
32	32	to read: 6
33	33	LEGISLATIVE INTENT. It is the intent of the legislature that the legislature 7
34	34	reevaluate the establishment of demonstration state-tribal education compacts, as provided 8
35	35	under this Act, in seven years. 9
36	36	* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 10
37	37	read: 11
38	38	AUTHORIZATION OF DEMONSTRATION STATE-TRIBAL EDUCATION 12
39	39	COMPACTS. (a) The commissioner of education and early development is authorized to 13
40	40	enter into demonstration state-tribal education compacts with participating tribes. 14 34-GH1518\A
41	41	HB 59 -2- HB0059a
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44	44	(b) A demonstration state-tribal education compact must follow a template that 1
45	45	contains substantially similar or equivalent terms applicable to each participating tribe and 2
46	46	must include provisions regarding 3
47	47	(1) the five-year term of the compact; 4
48	48	(2) roles and responsibilities of the parties; 5
49	49	(3) legal, funding, and accounting compliance requirements; 6
50	50	(4) recordkeeping and auditing; 7
51	51	(5) notices of violation; 8
52	52	(6) compact termination; 9
53	53	(7) dispute resolution; 10
54	54	(8) express limited waiver of tribal sovereign immunity for the services 11
55	55	provided under the compact; 12
56	56	(9) limitation of liability; 13
57	57	(10) insurance; and 14
58	58	(11) mandatory participation in the teachers' retirement system (AS 14.25), the 15
59	59	public employees' retirement system (AS 39.35), or both. 16
60	60	(c) A demonstration state-tribal education compact authorized by this section must 17
61	61	take effect on or before June 30, 2028. 18
62	62	(d) In this section, "participating tribe" means the federally recognized tribes and 19
63	63	tribal organizations that participated in negotiations under sec. 1, ch. 43, SLA 2022. 20
64	64	* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 21
65	65	read: 22
66	66	OPERATION OF DEMONSTRATION STATE-TRIBAL EDUCATION COMPACT 23
67	67	SCHOOLS. (a) A demonstration state-tribal education compact school must operate in 24
68	68	accordance with the terms of its compact executed under sec. 2 of this Act. 25
69	69	(b) A demonstration state-tribal education compact school is exempt from all state 26
70	70	statutes and regulations applicable to school districts and school district boards of directors, 27
71	71	except those statutes and regulations made applicable under this Act, in a demonstration state-28
72	72	tribal education compact executed under sec. 2 of this Act, or in legislation enacted or 29
73	73	regulations adopted after the effective date of this Act. 30
74	74	(c) The following provisions apply to the operation and management of a 31 34-GH1518\A
75	75	HB0059a -3- HB 59
76	76	New Text Underlined [DELETED TEXT BRACKETED]
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78	78	demonstration state-tribal education compact school as if the school were a school district: 1
79	79	(1) requirements relating to school district operations: 2
80	80	(A) AS 14.03.016 - 14.03.050 (regarding parental rights and 3
81	81	compulsory attendance, and defining the school term, day in session, and school 4
82	82	holidays); 5
83	83	(B) AS 14.03.072 (regarding literacy and early reading information); 6
84	84	(C) AS 14.03.083, 14.03.090 - 14.03.127, 14.03.135, and 14.03.140 7
85	85	(miscellaneous provisions applicable to school district operations); 8
86	86	(D) AS 14.09.010 - 14.09.030 (relating to transportation of students); 9
87	87	(E) AS 14.14.050 (imposing the requirement of an annual audit); 10
88	88	(F) AS 14.14.110 (authorizing cooperation with other school districts); 11
89	89	(G) AS 14.18 (prohibiting discrimination based on sex in public 12
90	90	education); 13
91	91	(H) AS 14.33.010 - 14.33.250 (relating to school safety and 14
92	92	discipline); 15
93	93	(I) regulations adopted by the state Board of Education and Early 16
94	94	Development to implement this paragraph that are applicable to school districts and 17
95	95	their schools; 18
96	96	(2) requirements relating to the public school funding program and the receipt 19
97	97	and expenditure of that funding: AS 14.17.500 - 14.17.910 (relating to student count 20
98	98	estimates, relating to school operating fund balances, and setting out the procedure for 21
99	99	payment of public school funding and imposing general requirements and limits on money 22
100	100	paid); 23
101	101	(3) requirements relating to teacher employment and retirement: 24
102	102	(A) AS 14.14.105 and 14.14.107 (relating to sick leave); 25
103	103	(B) AS 14.20.010 - 14.20.040 (relating to teacher certification), except 26
104	104	as provided in (d) of this section; 27
105	105	(C) AS 14.20.095 - 14.20.215 (relating to the employment and tenure 28
106	106	of teachers); 29
107	107	(D) AS 14.25 (provisions regarding the teachers' retirement system); 30
108	108	(E) AS 23.40.070 - 23.40.260 (authorizing collective bargaining by 31 34-GH1518\A
109	109	HB 59 -4- HB0059a
110	110	New Text Underlined [DELETED TEXT BRACKETED]
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112	112	certificated employees), except with regard to teachers who are administrators; 1
113	113	(4) requirements relating to students and educational programs: 2
114	114	(A) AS 14.30.180 - 14.30.350 (relating to educational services for 3
115	115	children with disabilities); 4
116	116	(B) AS 14.30.355 and 14.30.356 (relating to sexual abuse and sexual 5
117	117	assault awareness and prevention); 6
118	118	(C) AS 14.30.360 - 14.30.370 (establishing health education program 7
119	119	standards); 8
120	120	(D) AS 14.30.400 (relating to bilingual-bicultural education). 9
121	121	(d) Upon receipt of a request from a representative of a demonstration state-tribal 10
122	122	education compact school in which an applicant for a teacher certificate will be teaching, 11
123	123	(1) the state Board of Education and Early Development may waive the 12
124	124	requirements of AS 14.20.020(b) or 14.20.022(b) to allow an individual with specialized 13
125	125	knowledge relevant to the tribe to obtain a teacher certificate or subject-matter expert limited 14
126	126	teacher certificate; and 15
127	127	(2) the Department of Education and Early Development may issue a teacher 16
128	128	certificate to a person qualified under AS 14.20.023(b) or 14.20.025; a teacher certificate 17
129	129	issued under this paragraph does not require a request from the school board of the district or 18
130	130	regional educational attendance area in which a demonstration state-tribal education compact 19
131	131	school is located. 20
132	132	(e) A demonstration state-tribal education compact school may not 21
133	133	(1) engage in sectarian practices in the school's educational program, 22
134	134	admissions, employment policies, or operations; 23
135	135	(2) charge tuition; or 24
136	136	(3) restrict enrollment or school choice options available under state law. 25
137	137	(f) Unless a demonstration state-tribal education compact school is established as a 26
138	138	correspondence school, the physical location of the school must be within the boundary of a 27
139	139	school district that the state Board of Education and Early Development consulted with under 28
140	140	sec. 1(c), ch. 43, SLA 2022. 29
141	141	(g) For purposes of AS 14.25 and participation in the teachers' retirement system, 30
142	142	(1) a demonstration state-tribal education compact school is an "employer" as
143	143	31 34-GH1518\A
144	144	HB0059a -5- HB 59
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147	147	defined in AS 14.25.220 and 14.25.590; and 1
148	148	(2) a certificated teacher employed by a demonstration state-tribal education 2
149	149	compact school is a member of the plan. 3
150	150	(h) Unless the context requires otherwise, the provisions of AS 14 made applicable to 4
151	151	a federally recognized tribe or tribal organization under this Act or a demonstration state-5
152	152	tribal education compact school apply to 6
153	153	(1) the tribe or tribal organization as a "school district" as defined in 7
154	154	AS 14.30.350; 8
155	155	(2) a governing body established by the tribe or tribal organization to operate a 9
156	156	demonstration state-tribal education compact school as a "governing body" or "school board" 10
157	157	as defined in AS 14.60.010; and 11
158	158	(3) a demonstration state-tribal education compact school as a "public school" 12
159	159	or "public educational institution" as used in AS 14 and art. VII, sec. 1, Constitution of the 13
160	160	State of Alaska. 14
161	161	* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 15
162	162	read: 16
163	163	FACILITIES. A facility of a demonstration state-tribal education compact school must 17
164	164	conform to applicable law concerning public facility access, health, safety, and fire code 18
165	165	requirements. 19
166	166	* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 20
167	167	read: 21
168	168	FUNDING. (a) The legislature may appropriate funds in any manner permitted under 22
169	169	AS 14 to a demonstration state-tribal education compact school as if the school were a 23
170	170	regional educational attendance area. 24
171	171	(b) Subject to appropriation, the Department of Education and Early Development 25
172	172	may provide state aid and grant funding in any manner permitted under AS 14 to a 26
173	173	demonstration state-tribal education compact school as if the school were a regional 27
174	174	educational attendance area. 28
175	175	(c) For purposes of application for and receipt of federal aid to education, a 29
176	176	demonstration state-tribal education compact school constitutes a local educational agency. 30
177	177	(d) The Department of Education and Early Development may withhold funds from a 31 34-GH1518\A
178	178	HB 59 -6- HB0059a
179	179	New Text Underlined [DELETED TEXT BRACKETED]
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181	181	demonstration state-tribal education compact school for violation of 1
182	182	(1) state law made applicable by this Act; or 2
183	183	(2) a provision of the school's compact executed under sec. 2 of this Act. 3
184	184	* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 4
185	185	read: 5
186	186	REPORTING. (a) During the duration of a demonstration state-tribal education 6
187	187	compact, a participating federally recognized tribe or tribal organization shall report to the 7
188	188	commissioner of education and early development 8
189	189	(1) student data and enrollment using the same definitions and procedures 9
190	190	required under AS 14.17.600; and 10
191	191	(2) by November 15 of the year after the data is collected, school performance 11
192	192	data and the performance of the school's students under AS 14.03.120(d). 12
193	193	(b) The Department of Education and Early Development shall include data obtained 13
194	194	under (a) of this section in the department's report to the legislature under AS 14.03.078. 14
195	195	(c) On or before January 31, 2033, the Department of Education and Early 15
196	196	Development shall provide a written report to the legislature concerning demonstration state-16
197	197	tribal education compacts. The department shall deliver the report to the senate secretary and 17
198	198	the chief clerk of the house of representatives and notify the legislature that the report is 18
199	199	available. The report must include a summary of the data compiled for each demonstration 19
200	200	state-tribal education compact school from the reports made under (a) of this section from the 20
201	201	effective date of this Act through November 15, 2032. 21
202	202	* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 22
203	203	read: 23
204	204	REGULATIONS. The Department of Education and Early Development and the state 24
205	205	Board of Education and Early Development may adopt regulations necessary to implement 25
206	206	the changes made by this Act. 26
207	207	* Sec. 8. Sections 2 - 7 of this Act are repealed July 1, 2036. 27
208	208	* Sec. 9. This Act takes effect immediately under AS 01.10.070(c). 28