SSSB 248: "An Act relating to secondary school competency examinations, graduation requirements, and diplomas; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 248 01 "An Act relating to secondary school competency examinations, graduation 02 requirements, and diplomas; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.03.075(a) is repealed and reenacted to read: 05 (a) A student may not be issued a secondary school diploma unless the student 06 (1) passes a competency examination in the areas of reading, English, 07 and mathematics; 08 (2) demonstrates mastery of the material on the examination in the 09 student's senior year of secondary school, through a portfolio that is approved under (j) 10 of this section; or 11 (3) receives a waiver from the governing body; a student with a severe 12 cognitive disability, as defined by the department in regulation, shall receive a waiver. 13 * Sec. 2. AS 14.03.075(b) is amended to read: 14 (b) A student who fails the examination required under this section shall be
01 retested at least once during a school year on those portions of the examination that the 02 student has not passed, except that a student who submits a portfolio under (a)(2) 03 of this section may elect not to be retested in the student's senior year. A student 04 who passes any portion of the test may not retake that portion of the test. A student 05 may retake any portion of the test not previously passed whether or not the 06 student submits a portfolio under (a)(2) of this section or continues to be enrolled 07 in a school in the state. A student who, when retested, passes the portions of the test 08 not previously passed and who meets any other graduation requirements shall receive 09 a diploma from the school district. This subsection does not apply to a student who is 10 a child with a disability if the student's individualized education program team 11 recommends that the student not be retested. 12 * Sec. 3. AS 14.03.075(c) is repealed and reenacted to read: 13 (c) Notwithstanding (a) of this section, to the extent allowed by federal law, a 14 student who is a child with a disability may take the examination required under 15 (a)(1) of this section with accommodation or seek approval of a portfolio under (h) - 16 (j) of this section with modification of a requirement in (h)(1) or (3) of this section if 17 the accommodation or modification has been previously 18 (1) approved by the department; or 19 (2) required by the student's individualized education program or in the 20 education plan developed for the student under 29 U.S.C. 794. 21 * Sec. 4. AS 14.03.075 is amended by adding new subsections to read: 22 (h) A student who fails all or part of the examination required under (a)(1) of 23 this section may submit a portfolio for approval under (i) of this section in lieu of the 24 examination in order to receive a secondary school diploma. The student shall submit 25 the portfolio to the principal of the student's school after October 1 and before 26 February 1 of the student's senior year. The portfolio must include 27 (1) evidence of a 95 percent attendance rate in secondary school, 28 excluding excused absences; 29 (2) an official record that the student has attempted and failed all or 30 part of the examination required under (a)(1) of this section at least once; 31 (3) evidence that the student has completed remedial programs
01 available to the student in the area or areas of the competency examination that were 02 not passed; 03 (4) a written letter stating that the student has acquired the necessary 04 skills that are included on the examination required under (a)(1) of this section from at 05 least one teacher of record of the student in the subject area or areas that the student 06 has failed on the examination; 07 (5) proof that the student has maintained a "C" average or above in all 08 completed courses required to graduate; 09 (6) proof that the student is expected to meet the applicable state and 10 district requirements for graduation other than passage of the examination under (a)(1) 11 of this section; and 12 (7) documentation that demonstrates the student's competency in the 13 areas tested and failed on the examination required under (a)(1) of this section. 14 (i) The approval process for a portfolio submitted under (a)(1) of this section 15 shall be confidential and shall be conducted as follows: 16 (1) the principal of the school in which the student is enrolled shall 17 conduct an initial review of a student's portfolio to ensure compliance with (h) of this 18 section; the principal shall make a specific finding based on the student's portfolio, 19 that the student meets or does not meet competency standards for the area or areas of 20 the competency examination that the student failed; 21 (2) if the portfolio is approved under (1) of this subsection, the 22 principal shall submit the portfolio to the district of the student; the superintendent of 23 that district shall conduct a review of the student's portfolio to ensure compliance with 24 (h) of this section; the superintendent shall make a specific finding based on the 25 student's portfolio, that the student meets or does not meet competency standards for 26 the area or areas of the competency examination that the student failed; and 27 (3) if the portfolio is approved under (2) of this subsection, the 28 superintendent shall submit the portfolio to the state review board under (j) of this 29 section. 30 (j) A state review board is established in the department for the confidential 31 review of portfolios received under (i)(3) of this section. The review board shall
01 consist of the commissioner, one member of the Board of Education and Early 02 Development appointed by the chair of the board and one at-large member appointed 03 by the governor. The members shall serve at the pleasure of the governor. The review 04 board shall accept, review, and approve or reject all portfolios submitted under (i)(3) 05 of this section before May 1 of each year. The review board shall issue confidential 06 findings and a decision for each review conducted. A decision of the review board is a 07 final administrative decision subject to judicial review by the superior court. 08 * Sec. 5. AS 14.07.165 is amended to read: 09 Sec. 14.07.165. Duties. The board shall adopt 10 (1) statewide goals and require each governing body to adopt written 11 goals that are consistent with local needs; 12 (2) regulations regarding the application for and award of grants under 13 AS 14.03.125; 14 (3) regulations implementing provisions of AS 14.11.014(b); 15 (4) regulations requiring approval by the board before a charter school, 16 state boarding school, or a public school may provide domiciliary services; 17 (5) regulations implementing the secondary school student competency 18 examination provisions of AS 14.03.075, including the criteria and procedure under 19 which a governing body uses a waiver to grant a diploma to a student; criteria 20 regarding granting a waiver must include provisions that a waiver may only be granted 21 for students who enter the system late, for a student who is a child with a severe 22 cognitive disability, or for students who have rare or unusual circumstances meriting 23 a waiver. 24 * Sec. 6. AS 14.03.075(f) is repealed. 25 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 SECONDARY SCHOOL PORTFOLIO; TRANSITIONAL PROVISION. 28 Notwithstanding the deadline for the submission of a secondary school portfolio in 29 AS 14.03.075(h), enacted by sec. 4 of this Act, 30 (1) a student who fails to qualify for the issuance of a secondary school 31 diploma under AS 14.03.075 by the end of the student's final semester of attendance, but who
01 has met all other graduation requirements of a school district governing body and the state in 02 2004, may submit a portfolio for approval under the procedures in AS 14.03.075(h) - (j) on or 03 before June 1, 2005; a final decision under AS 14.03.075(j) shall be made not more than six 04 months after the portfolio is submitted by the student; 05 (2) a student who fails to qualify for the issuance of a secondary school 06 diploma under AS 14.03.075 by the end of the student's final semester of attendance, but who 07 has met all other graduation requirements of a school district governing body and the state in 08 2005, may submit a portfolio for approval under the procedures in AS 14.03.075 on or before 09 December 1, 2005; a final decision under AS 14.03.075(j) shall be made not more than six 10 months after the portfolio is submitted by the student. 11 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of Education 14 and Early Development shall proceed immediately to adopt regulations necessary to 15 implement the changes made by this Act. The regulations take effect under AS 44.62 16 (Administrative Procedure Act). 17 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).