00                            SENATE BILL NO. 235                                                                         
01 "An Act relating to a public school performance incentive program; and providing for                                    
02 an effective date."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       INTENT. It is the intent of the legislature that the state establish the public school                            
07 performance incentive program described in sec. 2 of this Act to serve as an incentive for                              
08 public school personnel to create a learning environment in which the students at that school                           
09 demonstrate improved academic achievement more rapidly than would usually be expected,                                  
10 or, if already at an advanced level of achievement, continue to perform at an advanced level.                           
11 It is intended that payments under the program described in sec. 2 of this Act be available to                          
12 all employees at such a school, including all teachers, administrators, and noncertificated                             
13 personnel such as paraprofessionals and other support staff, so that all personnel collaborate                          
14 to promote overall student achievement. A payment under the program described in sec. 2 of                              

01 this Act is not intended to supplant or otherwise affect public school employee salaries or to                          
02 have any effect on evaluation, promotion, discipline, or retirement of public school                                    
03 employees. The program described in sec. 2 of this Act is not intended to replace or affect any                         
04 current state, local, or federal financing of public education or any necessary future increases                        
05 in that state, local, or federal financing.                                                                             
06    * Sec 2. AS 14.03 is amended by adding a new section to read:                                                      
07            Sec. 14.03.126. Public school performance incentive program. (a) The                                       
08       department shall establish by regulation a program that provides, subject to                                      
09       appropriation, for an annual school performance incentive payment by the department                               
10       to personnel employed at public schools at which students have demonstrated                                       
11       significant improvement in performance on statewide assessments, as determined by                                 
12       the department. The department shall set the amount of the school performance                                     
13       incentive payment, not to exceed $5,500 for each certificated employee and $2,500 for                             
14       each noncertificated employee. Notwithstanding any other provision of law, a school                               
15       performance incentive payment under this section may not be included in the                                       
16       calculation of benefits for purposes of AS 14.25 or AS 39.35.                                                     
17            (b)  The department shall establish a procedure by regulation for a school                                   
18       performance incentive payment by the department to personnel employed at the                                      
19       central office of a school district in which at least one school has met the requirements                         
20       for distribution of a school performance incentive payment to employees of the school.                            
21       The amount paid under this subsection may not exceed five percent of the total paid to                            
22       all employees at all schools eligible under this section for the school performance                               
23       incentive payment in the district. A payment under this subsection                                                
24                 (1)  may be made only to an employee whom the department, in                                            
25       consultation with the chief school administrator of the district, determines has                                  
26       substantially contributed to the improvement in achievement at the schools in the                                 
27       district that meet the requirements for the school performance incentive payment; and                             
28                 (2)  may not exceed the highest school performance incentive payment                                    
29       paid to a certificated teacher in the district.                                                                   
30            (c)  A school district may not consider school performance incentive payments                                
31       when determining salaries for school personnel. Neither a school district nor the                                 

01       Professional Teaching Practices Commission may consider the receipt or nonreceipt of                              
02       a school performance incentive payment by a school employee when evaluating,                                      
03       promoting, or disciplining the employee.                                                                          
04            (d)  In this section,                                                                                        
05                 (1)  "school district" means a borough school district, a city school                                   
06       district, a regional educational attendance area, or a state boarding school;                                     
07                 (2)  "school performance incentive payment" means a payment under                                       
08       the program established under this section.                                                                       
09    * Sec. 3. This Act takes effect July 1, 2006.