CSHB 147(HES): "An Act relating to the expenses of housing nonresident charter school students; authorizing charter school programs to provide domiciliary and other services to nonresident charter school students; relating to the establishment of state boarding schools."
00CS FOR HOUSE BILL NO. 147(HES) 01 "An Act relating to the expenses of housing nonresident charter school students; 02 authorizing charter school programs to provide domiciliary and other services to 03 nonresident charter school students; relating to the establishment of state boarding 04 schools." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.03.260 is amended by adding a new subsection to read: 07 (d) The expenses of housing nonresident students who attend the charter 08 school, including room, board, and other reasonable housing expenses, may not be paid 09 for with state money but may be paid for with funds contributed by sources other than 10 the state. 11 * Sec. 2. AS 14.03.265(a) is amended to read: 12 (a) The program of a charter school may be designed to serve 13 (1) students within an age group or grade level; [OR] 14 (2) students who will benefit from a particular teaching method or
01 curriculum; or 02 (3) nonresident students, including providing domiciliary services 03 for students who need those services. 04 * Sec. 3. AS 14.16.010 is amended to read: 05 Sec. 14.16.010. Establishment of state boarding schools [SCHOOL]. The 06 department may establish and operate [A] boarding schools [SCHOOL, TO BE 07 KNOWN AS THE MT. EDGECUMBE HIGH SCHOOL], to be managed in 08 accordance with this chapter. A [THE] state boarding school must offer a secondary 09 education curriculum to students enrolled in it, and must provide domiciliary services 10 for students needing such services. 11 * Sec. 4. AS 14.16.020 is amended to read: 12 Sec. 14.16.020. Operation of state boarding schools [SCHOOL]. In the 13 management of [THE] state boarding schools [SCHOOL], the board shall 14 (1) adopt a philosophy of education for [THE] state boarding schools 15 [SCHOOL]; 16 (2) employ [A] chief school administrators [ADMINISTRATOR] and 17 approve the employment of other personnel necessary to operate [THE] state boarding 18 schools [SCHOOL]; 19 (3) establish the salaries and benefits to be paid teachers, excluding 20 administrators [, OF THE STATE BOARDING SCHOOL]; 21 (4) designate the employees authorized to direct disbursements from the 22 money appropriated for the operation of [THE] state boarding schools [SCHOOL] and 23 for the construction of [ITS] facilities; 24 (5) provide custodial services and routine maintenance of [THE STATE 25 BOARDING SCHOOL'S] physical facilities; 26 (6) establish procedures for the development and implementation of 27 curriculum and the selection and use of textbooks and instructional materials [AT THE 28 STATE BOARDING SCHOOL]; 29 (7) prescribe health evaluation and placement screening programs for 30 newly admitted students; 31 (8) establish procedures for staff evaluation; and
01 (9) provide staff training. 02 * Sec. 5. AS 14.16.030(a) is amended to read: 03 (a) A [THE] state boarding school may admit students who are qualified in 04 accordance with applicable admission standards. Preference for enrollment must be 05 given to students currently enrolled at a [THE] boarding school and to students whose 06 educational, emotional, or family requirements warrant attendance in a domiciliary 07 environment. 08 * Sec. 6. AS 14.16.040 is amended to read: 09 Sec. 14.16.040. Status of state boarding school. A [THE] state boarding 10 school is a public school of the state. 11 * Sec. 7. AS 14.16.050(a) is amended to read: 12 (a) The following provisions apply with respect to the operation and 13 management of a [THE] state boarding school as if it were a school district: 14 (1) requirements relating to school district operations: 15 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 16 session, and school holidays); 17 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 18 applicable to school district operations); 19 (C) regulations adopted by the board under authority of 20 AS 14.07.020(a) that are applicable to school districts and their schools, unless 21 the board specifically exempts [THE] state boarding schools [SCHOOL] from 22 compliance with a regulation; 23 (D) AS 14.12.150 (authorizing school districts to establish and 24 participate in the services of a regional resource center); 25 (E) AS 14.14.050 (imposing the requirement of an annual 26 audit); 27 (F) AS 14.14.110 (authorizing cooperation with other school 28 districts); 29 (G) AS 14.14.130 (directing the employment of a chief school 30 administrator); 31 (H) AS 14.14.140(b) (establishing a prohibition on employment
01 of a relative of the chief school administrator); 02 (I) AS 14.18 (prohibiting discrimination based on sex in public 03 education); 04 (2) requirements relating to state financial assistance for education and 05 the receipt and expenditure of that assistance: 06 (A) AS 14.17.080 (relating to student count estimates); 07 (B) AS 14.17.082 (relating to school operating fund balances); 08 (C) AS 14.17.160 - 14.17.220 (setting out the procedure for 09 payment of financial assistance, and imposing general requirements and limits 10 on money paid); 11 (3) requirements relating to teacher employment and retirement: 12 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 13 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 14 tenure of teachers); 15 (C) AS 14.20.220 (relating to the salaries of teachers 16 employed); 17 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 18 provisions for teachers); 19 (E) AS 23.40.070 - 23.40.260 (authorizing collective bargaining 20 by certificated employees), except with regard to teachers who are 21 administrators and except that the board may delegate some or all of its 22 responsibilities under those statutes; 23 (F) AS 14.25 (provisions regarding the teachers' retirement 24 system); 25 (4) requirements relating to students and educational programs: 26 (A) AS 14.30.180 - 14.30.350 (relating to educational services 27 for exceptional children); 28 (B) AS 14.30.360 - 14.30.370 (establishing health education 29 program standards); 30 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 31 bicultural education).
01 * Sec. 8. AS 14.16.060 is amended to read: 02 Sec. 14.16.060. Status of employees. The employees of a [THE] state 03 boarding school are state employees. 04 * Sec. 9. AS 14.16.070 is amended to read: 05 Sec. 14.16.070. Applicability of other law. AS 23.40.070 - 23.40.260 (Public 06 Employment Relations Act) apply to the employees of a [THE] state boarding school. 07 * Sec. 10. AS 14.16.080(a) is amended to read: 08 (a) AS 14.17.024 applies to the calculation of state aid payable for operation 09 of a [THE] state boarding school. 10 * Sec. 11. AS 14.16.080(b) is amended to read: 11 (b) In the transmittals required by AS 37.07.060 - 37.07.062, the governor 12 shall request amounts for the expenses of construction, rehabilitation, and improvement 13 of the facilities of a [THE] state boarding school. 14 * Sec. 12. AS 14.16.080(e) is amended to read: 15 (e) For purposes of application for and receipt of federal aid to education, a 16 [THE] state boarding school constitutes a local educational agency. 17 * Sec. 13. AS 14.17.010(a) is amended to read: 18 (a) The public school foundation account is established. The account consists 19 of appropriations for distribution to school districts, [THE] state boarding schools 20 [SCHOOL], and for centralized correspondence study programs under this chapter. 21 * Sec. 14. AS 14.17.024 is amended to read: 22 Sec. 14.17.024. Money for state boarding schools [SCHOOL]. (a) Money 23 for the instructional services provided in a fiscal year by [THE] state boarding schools 24 [SCHOOL] established under AS 14.16.010 includes an allocation from the public 25 school foundation account in an amount calculated by 26 (1) multiplying the instructional unit value in AS 14.17.056 by the total 27 number of instructional units under AS 14.17.031 for that fiscal year, as determined 28 by treating each [THE] school as if it were a school district consisting of a single 29 funding community; 30 (2) multiplying the product determined under (1) of this subsection by 31 the area cost differential that is applicable to calculation of the entitlement for the
01 adjacent school district under AS 14.17.051; and 02 (3) adding 10 percent of the eligible federal impact aid received for that 03 fiscal year on behalf of each [THE] school plus any federal impact aid received on 04 behalf of each [THE] school which the state, under P.L. 81-874 (20 U.S.C. 236 - 244), 05 as amended, and regulations adopted under it, could not consider as local resources if 06 the school were considered a school district. 07 (b) In addition to the amount calculated and payable under (a) of this section, 08 the governor shall request from the legislature appropriation of any program receipts 09 or federal food service reimbursements or other federal aid, other than aid under P.L. 10 81-874 (20 U.S.C. 236 - 244), as amended, received on behalf of each [THE] school, 11 and other amounts necessary for the expenses of operating each [THE] state boarding 12 school, including 13 (1) domiciliary services, including room, board, custodial services, and 14 other reasonable expenses related to the operation and maintenance of dormitory and 15 other residential facilities for students; 16 (2) student transportation services, to include one round trip for each 17 student between the student's place of residence and the site of each [THE] state 18 boarding school during each school year; and 19 (3) maintenance and operation of the school's physical plant. 20 (c) Money received by a [THE] state boarding school for purposes described 21 in (a) of this section may be used for the purposes described in (b) of this section, and 22 money received for the purposes described in (b) may be used for the purposes 23 described in (a). 24 * Sec. 15. AS 14.30.010(b)(10) is amended to read: 25 (10) is enrolled in 26 (A) a [THE] state boarding school established under AS 14.16; 27 or 28 (B) a full-time program of correspondence study approved by 29 the department; in those school districts providing an approved correspondence 30 study program, a student may be enrolled either in the district correspondence 31 program or in the centralized correspondence study program;
01 * Sec. 16. AS 23.40.200(c) is amended to read: 02 (c) The class in (a)(2) of this section is composed of public utility, snow 03 removal, sanitation, and educational institution employees other than employees of a 04 school district, a regional educational attendance area, or a [THE] state boarding 05 school. Employees in this class may engage in a strike after mediation, subject to the 06 voting requirement of (d) of this section, for a limited time. The limit is determined 07 by the interests of the health, safety, or welfare of the public. The public employer 08 or the labor relations agency may apply to the superior court in the judicial district in 09 which the strike is occurring for an order enjoining the strike. A strike may not be 10 enjoined unless it can be shown that it has begun to threaten the health, safety, or 11 welfare of the public. A court, in deciding whether or not to enjoin the strike, shall 12 consider the total equities in the particular class. "Total equities" includes not only the 13 impact of a strike on the public but also the extent to which employee organizations 14 and public employers have met their statutory obligations. If an impasse or deadlock 15 still exists after the issuance of an injunction, the parties shall submit to arbitration to 16 be carried out under AS 09.43.030. 17 * Sec. 17. AS 23.40.200(d) is amended to read: 18 (d) The class in (a)(3) of this section includes all other public employees who 19 are not included in the classes in (a)(1) or (2) [(a)(2)] of this section. Employees in 20 this class may engage in a strike if a majority of the employees in a collective 21 bargaining unit vote by secret ballot to do so. However, if an impasse or deadlock is 22 reached in collective bargaining negotiations between a municipal school district, a 23 regional educational attendance area, or a [THE] state boarding school and its 24 employees, the parties shall submit to advisory arbitration before the employees may 25 engage in a strike. The arbitrator selected to conduct the advisory arbitration must be 26 a member of the American Arbitration Association Panel of Labor Arbitrators or the 27 Federal Mediation and Conciliation Service. In selecting the arbitrator, the parties 28 shall request a list of arbitrators who have knowledge of and recent experience in the 29 local conditions in the school district, regional educational attendance area, or state 30 boarding school. A list containing at least five nominees who meet the qualifications 31 of this subsection is a complete list for the purpose of striking names and selecting the
01 arbitrator.