HB 111: "An Act relating to educational programs for Alaska Native languages, culture, and history, to teachers of Alaska Native languages and Alaska Native culture and history, and to Alaska Native teachers."
00HOUSE BILL NO. 111 01 "An Act relating to educational programs for Alaska Native languages, culture, 02 and history, to teachers of Alaska Native languages and Alaska Native culture and 03 history, and to Alaska Native teachers." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. FINDINGS. The legislature finds that 06 (1) Alaska's indigenous Native cultures and languages are unique, essential 07 elements of Alaska's heritage; 08 (2) Alaska's indigenous Native languages are an integral part of Alaska Native 09 people's culture and well-being; 10 (3) knowledge of one's indigenous language is important for the development 11 of social skills and self-esteem; it further contributes to the development of the individual, and 12 the ability to communicate; 13 (4) translations from a Native language into English result in the loss of 14 context and deprivation of the full range of social and cultural understanding necessary to
01 function in the individual's environment; 02 (5) when Native children are proficient in their primary indigenous language, 03 they are also more likely to develop a higher degree of proficiency in the English language; 04 (6) historically, Alaska Native children first learned their Native language in 05 their homes and communities but with the passing of Native elders and with a current 06 generation of parents who are not fluent in their Native language, younger generations are less 07 knowledgeable about their language and culture; 08 (7) the loss of indigenous Native languages dates back to the late 1800's when 09 mainstream American missionaries enforced federal policies that forbade the use of Native 10 languages, punished children for speaking their own language, and urged parents to speak only 11 English to their children; 12 (8) the continuation of "no Native language" policies in federal, territorial, and 13 state school systems between 1910 and 1970 resulted in the loss of many Native languages; 14 (9) the fact that only two of the 20 Alaska Native languages are fluently 15 spoken by children today is an indicator of the impending extinction of Native languages; 16 (10) unless action is taken, by the year 2055 only five of the 20 Alaska Native 17 languages will be spoken by anyone, and soon thereafter the Native languages of Alaska may 18 vanish. 19 * Sec. 2. AS 14.03 is amended by adding new sections to read: 20 Article 3. Alaska Native Language and 21 Culture Education Programs. 22 Sec. 14.03.310. Native language and culture education. (a) A school board 23 shall establish a local Native language and culture curriculum advisory board for each 24 school in the district in which a majority of the students are Alaska Natives. If the 25 local Native language curriculum advisory board recommends the establishment of an 26 Alaska Native language and culture education program for a school, the school board 27 may initiate and conduct the program within grades K through 12 at that school under 28 AS 14.03.310 - 14.03.500. 29 Sec. 14.03.320. Program described. (a) An Alaska Native language and 30 culture education program is a program in an elementary or secondary school that 31 enrolls Alaska Native children. The purpose of the program is to provide an
01 understanding of the language, history, and cultural heritage of the Alaska Native 02 children enrolled in the school. The program shall be designed to 03 (1) make the curriculum more relevant to the needs, interests, and 04 cultural heritage of the Alaska Native students; 05 (2) provide positive reinforcement of the self-image of Alaska Native 06 students; and 07 (3) develop intercultural awareness among students, parents, and staff. 08 (b) A district that offers Alaska Native language and culture programs may 09 enter into contracts for the provision of program components by nonsectarian schools, 10 including nonpublic, community, tribal, or alternative schools. The district may also 11 include these programs as components of early childhood and family education 12 programs. The program components may include 13 (1) instruction in Alaska Native language, literature, history, and 14 culture; 15 (2) development of support components for staff, including in-service 16 training and technical assistance in methods of teaching Alaska Native students; 17 (3) research projects, including experimentation with and evaluation of 18 methods of relating to Alaska Native students; 19 (4) provision of personal and vocational counseling to Alaska Native 20 students; 21 (5) modification of curriculum, instructional methods, and 22 administrative procedures to meet the needs of Alaska Native students; and 23 (6) establishment of cooperative liaisons with nonsectarian nonpublic, 24 community, tribal, or alternative schools offering curricula that reflect Alaska Native 25 culture. 26 Sec. 14.03.330. Enrollment. (a) Enrollment in a program established under 27 AS 14.03.310 - 14.03.500 may only be voluntary. Districts shall 28 (1) encourage enrollment of Alaska Native children in the programs; 29 (2) encourage the parents of potential enrollees to visit classes or come 30 to the school for a conference explaining the nature of the programs; and 31 (3) provide visits by school staff to parents' homes to explain the
01 nature of the programs. 02 (b) To the extent that it is economically feasible, a district may provide for the 03 voluntary enrollment of children who are not Alaska Natives in the instructional 04 components of an Alaska Native language and culture education program so that the 05 children who are not Alaska Natives may acquire an understanding of the cultural 06 heritage of the Alaska Native children for whom the particular program is designed. 07 (c) Alaska Native children and other children enrolled in a nonpublic school 08 may be enrolled on a shared-time basis in Alaska Native language and culture 09 education programs. 10 Sec. 14.03.340. Location and assignment of students. (a) A district shall 11 hold programs under AS 14.03.310 - 14.03.500, in facilities in which regular classes 12 in a variety of subjects are offered on a daily basis. 13 (b) In providing a program under AS 14.03.310 - 14.03.500, a district may not 14 assign students to schools in a way that has the effect of segregating students by race, 15 sex, color, or national origin. 16 Sec. 14.03.350. Nonverbal courses and extracurricular activities. In school 17 classes in predominantly nonverbal subjects, including art, music, and physical 18 education, Alaska Native students shall participate fully and on an equal basis with 19 their contemporaries. A district participating in a program under AS 14.03.310 - 20 14.03.500 shall ensure that children enrolled in the program have an equal and 21 meaningful opportunity to participate fully with other children in all extracurricular 22 activities. This section may not be construed to prohibit instruction in nonverbal 23 subjects or extracurricular activities that relate to the cultural heritage of Alaska Native 24 children or that are otherwise necessary to accomplish the objectives described in 25 AS 14.03.310 - 14.03.500. 26 Sec. 14.03.360. Alaska Native language and culture education teacher 27 certificates. (a) The board shall grant teacher certificates in Alaska Native language 28 and culture education as provided in AS 14.20.025(b). The board shall grant a 29 certificate in Alaska Native language and culture education to a person who 30 (1) possesses competence in an Alaska Native language or unique 31 qualifications relating to, or knowledge and understanding of, Alaska Native history
01 and culture; 02 (2) possesses a bachelor's degree or other academic degree approved 03 by the board; or 04 (3) meets other requirements as to course of study and training as the 05 board may prescribe by regulation or possesses the experience required by the board 06 by regulation. 07 (b) Evidence of a person's qualifications may be presented by affidavits, 08 resolutions, or other methods as the board may prescribe. A person may present an 09 application on the person's own behalf, or the superintendent or other authorized 10 official of a district may submit an application on behalf of the person. 11 (c) A person who holds a standard teaching certificate who presents the board 12 with satisfactory evidence of competence in an Alaska Native language, or knowledge 13 and understanding of Alaska Native history and culture, may be certificated under this 14 section. 15 (d) The board may approve programs at colleges or universities designed for 16 training teachers of Alaska Native language and culture. 17 Sec. 14.03.370. Employment of teachers. (a) A district may not use the 18 employment of a teacher in an Alaska Native language and culture program as grounds 19 for the replacement of a teacher who otherwise would not be replaced. 20 (b) A person certificated under AS 14.03.360 is eligible for employment as a 21 teacher in an Alaska Native language and culture education program that includes 22 instruction in the language or culture in which the person holds a certificate. A 23 district may adopt only those additional qualifications for teachers certificated under 24 AS 14.03.360 or exempt under this section as are approved by the board. The 25 commissioner may permit a school board that applies for an exemption from the 26 certification requirements of AS 14.03.360 under this section to hire one or more 27 uncertificated teachers for a program for a school year if the commissioner finds that 28 compliance would create a hardship in securing teachers for the program. 29 (c) A teacher holding a certificate under AS 14.03.360 or an exemption under 30 this section shall be compensated according to a schedule that is at least equivalent to 31 the schedule applicable to teachers holding standard teaching certificates.
01 (d) In filling a position in a program, the district shall make affirmative efforts 02 to seek and recruit teacher applicants who share the culture of the Alaska Native 03 children who are enrolled in the program. The district shall provide procedures to 04 involve the parent committees established under AS 14.03.390 in designing the 05 procedures for the recruitment, screening, and selection of applicants. However, this 06 subsection may not be construed to limit the school board's authority to hire and 07 discharge personnel. 08 Sec. 14.03.380. Teachers' aides; community coordinators. (a) In addition 09 to employing Alaska Native language and culture education teachers, a district 10 providing a program under AS 14.03.310 - 14.03.500 may employ teachers' aides. 11 However, aides may not be employed to supplant Alaska Native language and culture 12 education teachers. 13 (b) A district that conducts Alaska Native language and culture education 14 programs under AS 14.03.310 - 14.03.500 may employ a community coordinator to 15 promote communication, understanding, and cooperation between the schools and the 16 community. The coordinator's activities may include visiting the homes of children 17 who are to be enrolled in a program in order to convey information about the program. 18 Sec. 14.03.390. Parent and community participation. (a) Each school board 19 in a district providing a program shall provide for the maximum involvement of 20 parents of the children enrolled in the programs and shall establish a parent committee 21 for the district. If a committee of parents of Alaska Native children that meets the 22 requirements of this section has been established according to federal, tribal, or other 23 state law, the committee shall serve as the committee required by this section. 24 (b) The parent committee shall give parents the information and the 25 opportunity to express their views effectively concerning all aspects of Alaska Native 26 education and the educational needs of the Alaska Native children enrolled in the 27 school or program. The committee shall also address the need for adult education 28 programs for Alaska Native people in the community. The school board shall ensure 29 that programs are planned, operated, and evaluated with the involvement of and in 30 consultation with parents of children served by the programs. 31 (c) Each year by December 1, the school board shall submit to the department
01 a copy of a resolution adopted by the parent committee. The copy must be signed by 02 the chair of the committee and must state whether the committee concurs with the 03 education programs for Alaska Native children offered by the school board. If the 04 committee does not concur with the education programs, the committee shall submit 05 the reasons for nonconcurrence and its recommendations for changes with the 06 resolution. In cases of nonconcurrence, the school board shall respond, by resolution, 07 to each recommendation made by the committee and, if it fails to implement a 08 recommendation of the committee, state its reasons for declining implementation. 09 (d) A parent committee shall be composed of parents of children eligible to 10 be enrolled in Alaska Native education programs, secondary students eligible to be 11 served by the programs, Alaska Native language and culture education teachers and 12 teachers' aides, teachers who are of Alaska Native heritage, counselors, adult Alaska 13 Native people enrolled in educational programs, and representatives from community 14 groups. A majority of each committee shall be made up of parents of children 15 enrolled or eligible to be enrolled in the programs. The proportion of parents of 16 Alaska Native children to parents of children who are not Alaska Native children shall 17 approximately reflect the proportion of children of those groups enrolled in the 18 programs. 19 Sec. 14.03.400. Duties of the board and the commissioner. (a) In the 20 formulation of the policy and procedures relating to the administration of AS 14.03.310 21 - 14.03.500, the board shall provide for the maximum involvement of parents of 22 Alaska Native children, secondary students eligible to be served by the programs, 23 Alaska Native language and culture education teachers and teachers' aides, teachers 24 who are of Alaska Native heritage, representatives of community groups, and persons 25 knowledgeable in the field of Alaska Native education. 26 (b) Districts shall make available technical assistance for preservice and in- 27 service training for Alaska Native education teachers and teachers' aides, teaching methods, 28 curriculum development, testing and testing mechanisms, and the development of materials 29 for Alaska Native education programs. 30 (c) The commissioner shall apply for money that may be available under 31 federal programs for Alaska Native education that require application from the state,
01 including funds for administration, demonstration projects, training, technical 02 assistance, planning, and evaluation. 03 Sec. 14.03.500. Definitions. In AS 14.03.310 - 14.03.500, 04 (1) "Alaska Native" means a person of one-fourth degree or more 05 Alaskan Indian, Eskimo, or Aleut blood; 06 (2) "district" has the meaning given in AS 14.17.250; 07 (3) "program" means an Alaska Native language and culture education 08 program established under AS 14.03.310 - 14.03.500. 09 * Sec. 3. AS 14.20.025 is amended to read: 10 Sec. 14.20.025. Limited teacher certificates. Notwithstanding 11 AS 14.20.020(b), a person may be issued a limited certificate, valid only in the area 12 of expertise for which it is issued, to teach [ALASKA NATIVE LANGUAGE OR 13 CULTURE,] military science [,] or a vocational or technical course for which the 14 board determines by regulation that baccalaureate degree training is not sufficiently 15 available. A limited certificate may be issued under this subsection [SECTION] only 16 if the school board of the district or regional educational attendance area in which the 17 person will be teaching, through the chief school administrator, has requested its 18 issuance. A person who applies for a limited certificate shall demonstrate, as required 19 by regulations adopted by the board, instructional skills and subject matter expertise 20 sufficient to ensure the public that the person is competent as a teacher. The board 21 may require a person issued a limited certificate to undertake academic training as may 22 be required by the board by regulation and make satisfactory progress in the academic 23 training. 24 * Sec. 4. AS 14.20.025 is amended by adding a new subsection to read: 25 (b) In accordance with AS 14.03.360 - 14.03.370 and notwithstanding 26 AS 14.20.020(b) or (h), a person may be issued a certificate, valid only in the area of 27 expertise for which it is issued, to teach an Alaska Native language or Alaska Native 28 history and culture. A teacher who holds a certificate under this subsection is 29 considered a certificated teacher for purposes of the teachers' retirement system and 30 acquires tenure as a certificated teacher under AS 14.20.150. 31 * Sec. 5. AS 14.20 is amended by adding a new section to read:
01 Sec. 14.20.135. Recruiting Alaska Native teachers. A school district in 02 which there are at least 10 Alaska Native students enrolled shall actively recruit 03 teacher applicants who are Alaska Native beginning from the time it is reasonably 04 expected that a position will become available until the position is filled or 05 September 1, whichever is earlier.