CSSB 61(HES): "An Act relating to goals for public education and student performance, to grants for improving school performance, to school district advisory boards, and to establishment of charter schools; and providing for an effective date."
00CS FOR SENATE BILL NO. 61(HES) 01 "An Act relating to goals for public education and student performance, to grants 02 for improving school performance, to school district advisory boards, and to 03 establishment of charter schools; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. PURPOSE. The purpose of this Act is to 06 (1) implement certain recommendations of Alaska 2000, a comprehensive 07 statewide effort of Alaskans to improve the state's education system for the future; 08 (2) establish goals for public education in the state; it is not the purpose of this 09 Act to recommend a specific curriculum or to diminish the right of each school district to 10 establish a curriculum in that school district; 11 (3) build a state education system with the flexibility to be more responsive 12 to the needs of students and society; 13 (4) set high expectations and tailor educational standards to meet the diverse 14 needs of Alaska's children;
01 (5) change the state education system so that Alaska educators can do their 02 very best and so that the best educators are teaching in our schools; 03 (6) provide increased opportunity for our children to achieve higher educational 04 performance; and 05 (7) structure our education system to facilitate accomplishment of national, 06 state, and local goals for the education of Alaska's children. 07 * Sec. 2. AS 14.03.015 is repealed and reenacted to read: 08 Sec. 14.03.015. MISSION FOR PUBLIC EDUCATION. The mission of the 09 public school system is to help ensure that all students succeed in their education and 10 work, shape worthwhile and satisfying lives, exemplify the best values of society and 11 their respective cultures, and be effective in improving the character and quality of the 12 world about them. It is the joint responsibility of students, parents, schools, and the 13 community to achieve the mission described in this section. 14 * Sec. 3. AS 14.03 is amended by adding a new section to read: 15 Sec. 14.03.017. GOALS FOR STUDENT PERFORMANCE. The public 16 school system shall be operated with the recognition that all students can learn. The 17 goal of the system is to develop successful students. A successful student will 18 graduate and the process of learning should include the following: 19 (1) a working knowledge of science, language arts, social studies, 20 mathematics, physical education and health, and fine arts; 21 (2) the ability to think logically and critically including the ability to 22 (A) think clearly about new information and ideas; 23 (B) solve problems through different ways of questioning and 24 analysis; 25 (C) be open to new ideas and be curious about the world and 26 self; 27 (D) demonstrate the skills needed to make good decisions; 28 (E) understand and use mathematical and scientific ideas; 29 (F) demonstrate good study skills and habits; 30 (G) access, process, and integrate information; 31 (H) evaluate and improve ideas through discussions with other
01 people; 02 (I) read, understand, and apply written information faced in 03 daily life; 04 (3) an acceptance of personal responsibility for sustaining a person 05 economically including the critical skills, competencies, values, and attitudes to be 06 successful in work, whether of a cash or subsistence nature, including the ability to 07 (A) be confident, able, and prepared for opportunities in the 08 local, national, and international workplace; 09 (B) understand the value of and necessity for lifelong learning, 10 including the ability to teach oneself new skills to adjust to a changing 11 workplace; 12 (C) show initiative, dependability, punctuality, and to strive for 13 accuracy and efficiency on the job; 14 (D) willingly accept advice, supervision, and criticism and to 15 be a good team member in the workplace; 16 (E) be safety conscious; 17 (F) be a critical consumer with skills for making informed 18 choices; 19 (G) recognize how success in school relates to a person's future; 20 (4) the ability to communicate effectively including the ability to 21 (A) talk about feelings, ideas, and concepts with clarity; 22 (B) be a good listener; 23 (C) read, understand, and respond to written information faced 24 in daily life; 25 (D) appreciate the value of reading as a lifelong activity; 26 (E) write well for a variety of purposes and audiences; 27 (F) demonstrate understanding and openness in group settings; 28 (5) the ability to discover and nurture creative talents including the 29 ability to 30 (A) appreciate the world around us; 31 (B) take part in activities that cut across fields of study;
01 (C) understand our world and its past, present, and future and 02 be able to express this understanding in a variety of ways and with different 03 media; 04 (D) respect and encourage the creative talents of individuals and 05 groups; 06 (E) demonstrate the knowledge and skills needed to express 07 ideas in literature, visual arts, music, dance, and drama; 08 (6) knowledge of how to develop positive self-esteem including the 09 ability to 10 (A) know how to set and achieve personal goals; 11 (B) be confident, assertive, and flexible; 12 (C) demonstrate an appreciation for one's own personal talents 13 and strengths; 14 (D) form satisfying relationships with others based on respect, 15 trust, cooperation, mutual understanding, compassion, and appreciation of 16 cultural differences; 17 (7) the ability to master essential vocational technological skills 18 including the ability to 19 (A) communicate and compete in the global market with 20 computers, video, audio, and other technologies; 21 (B) use technology to gather, analyze, and evaluate information 22 and opinions; 23 (C) critically evaluate information presented in the mass media; 24 (D) use computers to process and organize information; 25 (E) understand the overall purpose of equipment and the proper 26 procedures for setup and operation; 27 (8) the ability to understand the values of health and fitness including 28 the ability to 29 (A) understand the skills and apply the knowledge needed to 30 promote physical and mental health; 31 (B) respond constructively to life's social, environmental, and
01 physical challenges; 02 (9) knowledge of the values of responsible citizenship including the 03 ability to 04 (A) understand and participate in the democratic process; 05 (B) achieve the values, knowledge, and ethical behaviors needed 06 to participate in a democratic society; 07 (C) learn to recognize and appreciate the contribution of peoples 08 from other countries and cultures; 09 (D) be aware of and appreciate languages other than English; 10 (E) achieve skills in leadership, cooperation, communication, 11 and social responsibility; 12 (F) understand one's relationship to the environment and be 13 committed to the wise use of resources; 14 (G) know effective parenting skills to nurture healthy growth 15 and development in others; 16 (H) understand the past. 17 * Sec. 4. AS 14.03.125(a) is amended to read: 18 (a) The fund for the improvement of school performance is created as an 19 account in the general fund. The fund shall be used by the commissioner to make 20 grants to a district located in the state for the purpose of improving public school 21 performance. The fund consists of money appropriated by the legislature, including 22 appropriations from the earnings of the public school trust fund established under 23 AS 37.14.110. The commissioner shall annually determine the amount requested for 24 grants under this section and shall include the amount in the department's budget 25 request. 26 * Sec. 5. AS 14.03.125(b) is amended to read: 27 (b) A governing body, district advisory board, or nonprofit organization located 28 in the state, or a teacher or principal employed by a public school in the state, may 29 apply for a grant [OF UP TO $50,000] to improve school performance by submitting 30 an application to the commissioner. 31 * Sec. 6. AS 14.03.125(c) is amended to read:
01 (c) A grant may be awarded to the same grantee in consecutive fiscal years, 02 but may not be awarded to the same grantee for more than three [TWO] fiscal years 03 within a five-year period. 04 * Sec. 7. AS 14.03.125 is amended by adding a new subsection to read: 05 (f) The board shall adopt regulations concerning grants and grant award 06 procedures under this section. 07 * Sec. 8. AS 14.12.035 is repealed and reenacted to read: 08 Sec. 14.12.035. ADVISORY BOARDS IN SCHOOL DISTRICTS. (a) A city 09 or borough school district board shall establish an advisory board at each school in 10 each community within the district if the community has more than 50 permanent 11 residents. The school district board shall set standards for the manner of selection and 12 organization of the advisory boards, and, in a manner consistent with (b) of this 13 section, shall prescribe advisory board powers and duties. The following are exempt 14 from the requirements of this section: 15 (1) a school district that has only one school and has a school board; 16 or 17 (2) a school in which there is an existing parent advisory group. 18 (b) An advisory board shall advise the school district board on any matter 19 concerning schools in the district in which the advisory board is established. 20 (c) The commissioner may allow an advisory board to serve more than one 21 school upon request by a school district board. 22 * Sec. 9. ESTABLISHMENT OF CHARTER SCHOOLS. (a) A charter school may be 23 established as provided under secs. 9 - 16 of this Act upon the approval of the local school 24 board and the state Board of Education of an application for a charter school. The state Board 25 of Education may not approve more than 20 charter schools to operate in the state at any one 26 time. 27 (b) Each local school board shall prescribe an application procedure for the 28 establishment of a charter school in that school district. The application procedure must 29 include provisions for an academic policy committee consisting of faculty and parents of the 30 school and a proposed form for a contract between a charter school and the local school board, 31 setting out the contract elements required under sec. 10(c) of this Act.
01 (c) A local school board shall forward to the state Board of Education applications for 02 a charter school that have been approved or denied. 03 * Sec. 10. ORGANIZATION AND OPERATION OF A CHARTER SCHOOL. (a) A 04 charter school operates as a school in the local school district except that the charter school 05 (1) is exempt from the local school district's textbook, program, curriculum, and scheduling 06 requirements, and (2) operates under the charter school's annual program budget as set out in 07 the contract between the local school board and the charter school. The charter school is 08 exempt from other local school district requirements if exemption is authorized by the local 09 school board in the contract. 10 (b) The charter school shall 11 (1) keep financial records of the charter school; 12 (2) oversee the operation of the charter school to ensure that the terms of the 13 contract required by (c) of this section are being met; and 14 (3) meet regularly with teachers of the charter school to review, evaluate, and 15 improve operations of the charter school. 16 (c) A charter school shall operate under a contract between the charter school and the 17 local school board. A contract must contain the following provisions: 18 (1) description of the educational program; 19 (2) specific levels of achievement for the education program; 20 (3) admission policies and procedures; 21 (4) administrative policies; 22 (5) statement of the charter school's funding allocation from the local school 23 board and costs assignable to the charter school program budget; 24 (6) method by which the charter school will account for receipts and 25 expenditures; 26 (7) location and description of the facility; 27 (8) name of the teacher, or teachers, who, by agreement between the charter 28 school and the teacher, will teach in the charter school; 29 (9) teacher-to-student ratio; 30 (10) number of students served; 31 (11) the term of the contract, not to exceed a term of three years;
01 (12) a termination clause providing that the contract may be terminated by the 02 local school board for the failure of the charter school to meet educational achievement goals 03 or fiscal management standards, or for other good cause; 04 (13) a statement that the charter school will comply with all state and federal 05 requirements for receipt and use of public money; 06 (14) other requirements or exemptions agreed upon by the charter school and 07 the local school board. 08 * Sec. 11. FUNDING FOR CHARTER SCHOOL. (a) A local school board shall provide 09 an approved charter school with an annual program budget. The budget shall be not less than 10 the amount generated by the students enrolled in the charter school less administrative costs 11 retained by the local school district, determined by applying the indirect cost rate approved 12 by the Department of Education. The "amount generated by students enrolled in the charter 13 school" is to be determined in the same manner as it would be for a student enrolled in any 14 other public school in that school district. 15 (b) The program budget of a charter school is to be used for operating expenses of 16 the educational program of the charter school, including purchasing textbooks, classroom 17 materials, and instructional aids. 18 (c) The charter school shall provide all financial and accounting information requested 19 by the local school board or the Department of Education, and shall cooperate with the local 20 school district or the department in complying with the requirements of AS 14.17.190. 21 * Sec. 12. ADMISSION. (a) The program of a charter school may be designed to serve 22 (1) students within an age group or grade level; or 23 (2) students who will benefit from a particular teaching method or curriculum. 24 (b) A charter school shall enroll all eligible students who submit a timely application, 25 unless the number of those applications exceeds the capacity of the program, class, grade 26 level, or building. In the event of an excess of those applications, the charter school and the 27 local school board shall attempt to accommodate all of those applicants by considering 28 providing additional classroom space and assigning additional teachers from the district to the 29 charter school. If it is not possible to accommodate all eligible students who submit a timely 30 application, students must be accepted by random drawing. A school board may not require 31 a student to attend a charter school.
01 (c) In addition to other requirements of law, a charter school must be nonsectarian and 02 may not discriminate in selection of students on the basis of intelligence, achievement, 03 aptitude, or athletic ability. 04 * Sec. 13. TEACHER TRANSFERS, EVALUATIONS, AND NEGOTIATED 05 AGREEMENTS. (a) A teacher may not be assigned to teach in a charter school unless the 06 teacher consents to the assignment. 07 (b) All provisions of an existing negotiated agreement or collective bargaining 08 agreement applicable to a teacher or employee of a district shall apply to that teacher or 09 employee if employed at a charter school in that district, unless the district and the bargaining 10 unit representing the teacher or employee agree to an exemption. 11 (c) A teacher in a charter school must be evaluated in an equivalent manner as all 12 other teachers in the district, except that if there is no administrator assigned to the charter 13 school, the local school board, with the agreement of the charter school, shall designate a 14 school district administrator in that district to evaluate a teacher in a charter school. 15 * Sec. 14. CONTRACTS; DURATION. A contract for a charter school may be for a term 16 of no more than three years and may not extend beyond July 1, 1999. No more than one 17 contract for a particular charter school may be entered into under secs. 9 - 16 of this Act. 18 * Sec. 15. REGULATIONS. The state Board of Education may adopt regulations 19 necessary to implement secs. 9 - 16 of this Act. 20 * Sec. 16. DEFINITIONS. In secs. 9 - 16 of this Act, 21 (1) "academic policy committee" means the group designated to supervise the 22 academic operation of a charter school and to ensure the fulfillment of the mission of a charter 23 school; 24 (2) "charter school" means a school established under secs. 9 - 16 of this Act; 25 (3) "local school board" means a borough or city school board or a regional 26 school board; 27 (4) "parent" means a biological, adoptive, or foster parent, or an adult who acts 28 as guardian of a child and makes decisions related to the child's safety, education, and 29 welfare; 30 (5) "parent advisory group" means a group that is recognized by the school as 31 representative of those parents having children attending that school, that has regular meetings,
01 and in which membership is open to all parents within that school's attendance area; 02 (6) "teacher" means a person who serves a school district in a teaching, 03 counseling, or administrative capacity and is required to be certificated in order to hold the 04 position. 05 * Sec. 17. Sections 9 - 16 of this Act are repealed. 06 * Sec. 18. TRANSITION. Notwithstanding secs. 20 and 21 of this Act, the state Board 07 of Education may proceed to adopt regulations necessary to implement this Act. The 08 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 09 respective effective date of the relevant section or sections of this Act. 10 * Sec. 19. Section 18 of this Act takes effect immediately under AS 01.10.070(c). 11 * Sec. 20. Sections 1 - 16 of this Act take effect July 1, 1993. 12 * Sec. 21. Section 17 of this Act takes effect July 1, 1996.