CSHB 147(HES) AM: "An Act relating to the expenses of housing nonresident charter school students; relating to authorizing charter school programs to provide domiciliary and other services to nonresident charter school students; relating to duties of the state Board of Education; and relating to the establishment of state boarding schools."
00CS FOR HOUSE BILL NO. 147(HES) am 01 "An Act relating to the expenses of housing nonresident charter school students; 02 relating to authorizing charter school programs to provide domiciliary and other 03 services to nonresident charter school students; relating to duties of the state 04 Board of Education; and relating to the establishment of state boarding 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, if approved by the board. 04 * Sec. 3. AS 14.07.165 is amended to read: 05 Sec. 14.07.165. Duties. The board shall adopt 06 (1) statewide goals and require each governing body to adopt written 07 goals that are consistent with local needs; 08 (2) regulations regarding the application for and award of grants under 09 AS 14.03.125; 10 (3) regulations implementing provisions of AS 14.11.014(b); 11 (4) regulations requiring approval by the board before a charter 12 school, state boarding school, or a public school may provide domiciliary services. 13 * Sec. 4. AS 14.16.010 is amended to read: 14 Sec. 14.16.010. Establishment of state boarding schools [SCHOOL]. The 15 department may establish and operate [A] boarding schools [SCHOOL, TO BE 16 KNOWN AS THE MT. EDGECUMBE HIGH SCHOOL], to be managed in 17 accordance with this chapter. A [THE] state boarding school must offer a secondary 18 education curriculum to students enrolled in it, and must provide domiciliary services 19 for students needing such services, if approved by the board. 20 * Sec. 5. AS 14.16.020 is amended to read: 21 Sec. 14.16.020. Operation of state boarding schools [SCHOOL]. In the 22 management of [THE] state boarding schools [SCHOOL], the board shall 23 (1) adopt a philosophy of education for [THE] state boarding schools 24 [SCHOOL]; 25 (2) employ [A] chief school administrators [ADMINISTRATOR] and 26 approve the employment of other personnel necessary to operate [THE] state boarding 27 schools [SCHOOL]; 28 (3) establish the salaries and benefits to be paid teachers, excluding 29 administrators [, OF THE STATE BOARDING SCHOOL]; 30 (4) designate the employees authorized to direct disbursements from the 31 money appropriated for the operation of [THE] state boarding schools [SCHOOL] and
01 for the construction of [ITS] facilities; 02 (5) provide custodial services and routine maintenance of [THE STATE 03 BOARDING SCHOOL'S] physical facilities; 04 (6) establish procedures for the development and implementation of 05 curriculum and the selection and use of textbooks and instructional materials [AT THE 06 STATE BOARDING SCHOOL]; 07 (7) prescribe health evaluation and placement screening programs for 08 newly admitted students; 09 (8) establish procedures for staff evaluation; and 10 (9) provide staff training. 11 * Sec. 6. AS 14.16.030(a) is amended to read: 12 (a) A [THE] state boarding school may admit students who are qualified in 13 accordance with applicable admission standards. Preference for enrollment must be 14 given to students currently enrolled at a [THE] boarding school and to students whose 15 educational, emotional, or family requirements warrant attendance in a domiciliary 16 environment. 17 * Sec. 7. AS 14.16.040 is amended to read: 18 Sec. 14.16.040. Status of state boarding school. A [THE] state boarding 19 school is a public school of the state. 20 * Sec. 8. AS 14.16.050(a) is amended to read: 21 (a) The following provisions apply with respect to the operation and 22 management of a [THE] state boarding school as if it were a school district: 23 (1) requirements relating to school district operations: 24 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 25 session, and school holidays); 26 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 27 applicable to school district operations); 28 (C) regulations adopted by the board under authority of 29 AS 14.07.020(a) that are applicable to school districts and their schools, unless 30 the board specifically exempts [THE] state boarding schools [SCHOOL] from 31 compliance with a regulation;
01 (D) AS 14.12.150 (authorizing school districts to establish and 02 participate in the services of a regional resource center); 03 (E) AS 14.14.050 (imposing the requirement of an annual 04 audit); 05 (F) AS 14.14.110 (authorizing cooperation with other school 06 districts); 07 (G) AS 14.14.130 (directing the employment of a chief school 08 administrator); 09 (H) AS 14.14.140(b) (establishing a prohibition on employment 10 of a relative of the chief school administrator); 11 (I) AS 14.18 (prohibiting discrimination based on sex in public 12 education); 13 (2) requirements relating to state financial assistance for education and 14 the receipt and expenditure of that assistance: 15 (A) AS 14.17.080 (relating to student count estimates); 16 (B) AS 14.17.082 (relating to school operating fund balances); 17 (C) AS 14.17.160 - 14.17.220 (setting out the procedure for 18 payment of financial assistance, and imposing general requirements and limits 19 on money paid); 20 (3) requirements relating to teacher employment and retirement: 21 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 22 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 23 tenure of teachers); 24 (C) AS 14.20.220 (relating to the salaries of teachers 25 employed); 26 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 27 provisions for teachers); 28 (E) AS 23.40.070 - 23.40.260 (authorizing collective bargaining 29 by certificated employees), except with regard to teachers who are 30 administrators and except that the board may delegate some or all of its 31 responsibilities under those statutes;
01 (F) AS 14.25 (provisions regarding the teachers' retirement 02 system); 03 (4) requirements relating to students and educational programs: 04 (A) AS 14.30.180 - 14.30.350 (relating to educational services 05 for exceptional children); 06 (B) AS 14.30.360 - 14.30.370 (establishing health education 07 program standards); 08 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 09 bicultural education). 10 * Sec. 9. AS 14.16.060 is amended to read: 11 Sec. 14.16.060. Status of employees. The employees of a [THE] state 12 boarding school are state employees. 13 * Sec. 10. AS 14.16.070 is amended to read: 14 Sec. 14.16.070. Applicability of other law. AS 23.40.070 - 23.40.260 (Public 15 Employment Relations Act) apply to the employees of a [THE] state boarding school. 16 * Sec. 11. AS 14.16.080(a) is amended to read: 17 (a) AS 14.17.024 applies to the calculation of state aid payable for operation 18 of a [THE] state boarding school. 19 * Sec. 12. AS 14.16.080(b) is amended to read: 20 (b) In the transmittals required by AS 37.07.060 - 37.07.062, the governor 21 shall request amounts for the expenses of construction, rehabilitation, and improvement 22 of the facilities of a [THE] state boarding school. 23 * Sec. 13. AS 14.16.080(e) is amended to read: 24 (e) For purposes of application for and receipt of federal aid to education, a 25 [THE] state boarding school constitutes a local educational agency. 26 * Sec. 14. AS 14.17.010(a) is amended to read: 27 (a) The public school foundation account is established. The account consists 28 of appropriations for distribution to school districts, [THE] state boarding schools 29 [SCHOOL], and for centralized correspondence study programs under this chapter. 30 * Sec. 15. AS 14.17.024 is amended to read: 31 Sec. 14.17.024. Money for state boarding schools [SCHOOL]. (a) Money
01 for the instructional services provided in a fiscal year by [THE] state boarding schools 02 [SCHOOL] established under AS 14.16.010 includes an allocation from the public 03 school foundation account in an amount calculated by 04 (1) multiplying the instructional unit value in AS 14.17.056 by the total 05 number of instructional units under AS 14.17.031 for that fiscal year, as determined 06 by treating each [THE] school as if it were a school district consisting of a single 07 funding community; 08 (2) multiplying the product determined under (1) of this subsection by 09 the area cost differential that is applicable to calculation of the entitlement for the 10 adjacent school district under AS 14.17.051; and 11 (3) adding 10 percent of the eligible federal impact aid received for that 12 fiscal year on behalf of each [THE] school plus any federal impact aid received on 13 behalf of each [THE] school which the state, under P.L. 81-874 (20 U.S.C. 236 - 244), 14 as amended, and regulations adopted under it, could not consider as local resources if 15 the school were considered a school district. 16 (b) In addition to the amount calculated and payable under (a) of this section, 17 the governor shall request from the legislature appropriation of any program receipts 18 or federal food service reimbursements or other federal aid, other than aid under P.L. 19 81-874 (20 U.S.C. 236 - 244), as amended, received on behalf of each [THE] school, 20 and other amounts necessary for the expenses of operating each [THE] state boarding 21 school, including 22 (1) domiciliary services, including room, board, custodial services, and 23 other reasonable expenses related to the operation and maintenance of dormitory and 24 other residential facilities for students; 25 (2) student transportation services, to include one round trip for each 26 student between the student's place of residence and the site of each [THE] state 27 boarding school during each school year; and 28 (3) maintenance and operation of the school's physical plant. 29 (c) Money received by a [THE] state boarding school for purposes described 30 in (a) of this section may be used for the purposes described in (b) of this section, and 31 money received for the purposes described in (b) may be used for the purposes
01 described in (a). 02 * Sec. 16. AS 14.30.010(b)(10) is amended to read: 03 (10) is enrolled in 04 (A) a [THE] state boarding school established under AS 14.16; 05 or 06 (B) a full-time program of correspondence study approved by 07 the department; in those school districts providing an approved correspondence 08 study program, a student may be enrolled either in the district correspondence 09 program or in the centralized correspondence study program; 10 * Sec. 17. AS 23.40.200(c) is amended to read: 11 (c) The class in (a)(2) of this section is composed of public utility, snow 12 removal, sanitation, and educational institution employees other than employees of a 13 school district, a regional educational attendance area, or a [THE] state boarding 14 school. Employees in this class may engage in a strike after mediation, subject to the 15 voting requirement of (d) of this section, for a limited time. The limit is determined 16 by the interests of the health, safety, or welfare of the public. The public employer 17 or the labor relations agency may apply to the superior court in the judicial district in 18 which the strike is occurring for an order enjoining the strike. A strike may not be 19 enjoined unless it can be shown that it has begun to threaten the health, safety, or 20 welfare of the public. A court, in deciding whether or not to enjoin the strike, shall 21 consider the total equities in the particular class. "Total equities" includes not only the 22 impact of a strike on the public but also the extent to which employee organizations 23 and public employers have met their statutory obligations. If an impasse or deadlock 24 still exists after the issuance of an injunction, the parties shall submit to arbitration to 25 be carried out under AS 09.43.030. 26 * Sec. 18. AS 23.40.200(d) is amended to read: 27 (d) The class in (a)(3) of this section includes all other public employees who 28 are not included in the classes in (a)(1) or (2) [(a)(2)] of this section. Employees in 29 this class may engage in a strike if a majority of the employees in a collective 30 bargaining unit vote by secret ballot to do so. However, if an impasse or deadlock is 31 reached in collective bargaining negotiations between a municipal school district, a
01 regional educational attendance area, or a [THE] state boarding school and its 02 employees, the parties shall submit to advisory arbitration before the employees may 03 engage in a strike. The arbitrator selected to conduct the advisory arbitration must be 04 a member of the American Arbitration Association Panel of Labor Arbitrators or the 05 Federal Mediation and Conciliation Service. In selecting the arbitrator, the parties 06 shall request a list of arbitrators who have knowledge of and recent experience in the 07 local conditions in the school district, regional educational attendance area, or state 08 boarding school. A list containing at least five nominees who meet the qualifications 09 of this subsection is a complete list for the purpose of striking names and selecting the 10 arbitrator. 11 * Sec. 19. Notwithstanding secs. 3 and 4 of this Act, domiciliary services being provided 12 by Mt. Edgecumbe High School on or before the effective date of this Act may continue to 13 be provided until the state Board of Education adopts regulations required under sec. 3 of this 14 Act.