CSSB 285(FIN): "An Act relating to the power and duties of the Department of Education and Early Development for improving instructional practices in school districts; and providing for an effective date."
00 CS FOR SENATE BILL NO. 285(FIN) 01 "An Act relating to the power and duties of the Department of Education and Early 02 Development for improving instructional practices in school districts; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.07.020(a) is amended to read: 06 (a) The department shall 07 (1) exercise general supervision over the public schools of the state 08 except the University of Alaska; 09 (2) study the conditions and needs of the public schools of the state, 10 adopt or recommend plans, administer and evaluate grants to improve school 11 performance awarded under AS 14.03.125, and adopt regulations for the improvement 12 of the public schools; 13 (3) provide advisory and consultative services to all public school 14 governing bodies and personnel;
01 (4) prescribe by regulation a minimum course of study for the public 02 schools; the regulations must provide that, if a course in American Sign Language is 03 given, the course shall be given credit as a course in a foreign language; 04 (5) establish, in coordination with the Department of Health and Social 05 Services, a program for the continuing education of children who are held in detention 06 facilities in the state during the period of detention; 07 (6) accredit those public schools that meet accreditation standards 08 prescribed by regulation by the department; these regulations shall be adopted by the 09 department and presented to the legislature during the first 10 days of any regular 10 session, and become effective 45 days after presentation or at the end of the session, 11 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 12 the members of each house; 13 (7) prescribe by regulation, after consultation with the state fire 14 marshal and the state sanitarian, standards that will assure healthful and safe 15 conditions in the public and private schools of the state, including a requirement of 16 physical examinations and immunizations in pre-elementary schools; the standards for 17 private schools may not be more stringent than those for public schools; 18 (8) exercise general supervision over pre-elementary schools that 19 receive direct state or federal funding; 20 (9) exercise general supervision over elementary and secondary 21 correspondence study programs offered by municipal school districts or regional 22 educational attendance areas; the department may also offer and make available to any 23 Alaskan through a centralized office a correspondence study program; 24 (10) accredit private schools that request accreditation and that meet 25 accreditation standards prescribed by regulation by the department; nothing in this 26 paragraph authorizes the department to require religious or other private schools to be 27 licensed; 28 (11) review plans for construction of new public elementary and 29 secondary schools and for additions to and major rehabilitation of existing public 30 elementary and secondary schools and, in accordance with regulations adopted by the 31 department, determine and approve the extent of eligibility for state aid of a school
01 construction or major maintenance project; for the purposes of this paragraph, "plans" 02 include educational specifications, schematic designs, and final contract documents; 03 (12) provide educational opportunities in the areas of vocational 04 education and training, and basic education to individuals over 16 years of age who 05 are no longer attending school; 06 (13) administer the grants awarded under AS 14.11; 07 (14) establish, in coordination with the Department of Public Safety, a 08 school bus driver training course; 09 (15) require the reporting of information relating to school disciplinary 10 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 11 behavior; 12 (16) establish by regulation criteria under which the department 13 may intervene as necessary in a school district to improve instructional practices, 14 as described in AS 14.07.030(14) or (15); the regulations must include 15 (A) a notice provision that alerts the district of the 16 deficiencies and the instructional practice changes proposed by the 17 department; 18 (B) an end date for departmental intervention after the 19 district demonstrates three consecutive years of improvement consisting of 20 not less than two percent increases in student proficiency on standards- 21 based assessments in math, reading, and writing as provided in 22 AS 14.03.123(f)(2)(A); and 23 (C) a process for districts to petition the department for 24 continuing or discontinuing the department's intervention; 25 (17) notify the legislative committees having jurisdiction over 26 education before intervening in a school district under AS 14.07.030(14) or 27 withholding public school funding under AS 14.07.030(15). 28 * Sec. 2. AS 14.07.030 is amended to read: 29 Sec. 14.07.030. Powers of the department. The department may 30 (1) establish, maintain, govern, operate, discontinue, and combine area, 31 regional, and special schools;
01 (2) enter into contractual agreements with the Bureau of Indian Affairs 02 or with a school district to share boarding costs of secondary school students; 03 (3) provide for citizenship night schools when and where expedient; 04 (4) provide for the sale or other disposition of abandoned or obsolete 05 buildings and other state-owned school property; 06 (5) prescribe a classification for items of expense of school districts; 07 (6) acquire and transfer personal property, acquire real property, and 08 transfer real property to federal agencies, state agencies, or to political subdivisions; 09 (7) enter into contractual agreements with school districts to provide 10 more efficient or economical education services; reasonable fees may be charged by 11 the department to cover the costs of providing services under an agreement, including 12 costs for professional services, reproduction or printing, and mailing and distribution 13 of educational materials; 14 (8) provide for the issuance of elementary and secondary diplomas to 15 persons not in school who have completed the equivalent of an 8th or 12th grade 16 education, respectively, in accordance with standards established by the department; 17 (9) apply for, accept, and spend endowments, grants, and other private 18 money available to the state for educational purposes in accordance with AS 37.07 19 (Executive Budget Act); 20 (10) set student tuition and fees for educational and extracurricular 21 programs and services provided and schools operated by the department under the 22 provisions of (1) of this section and AS 14.07.020(a)(9), (11), and (12); 23 (11) charge fees to cover the costs of care and handling with respect to 24 the acquisition, warehousing, distribution, or transfer of donated foods; 25 (12) establish and collect fees for the rental of school facilities and for 26 other programs and services provided by the schools; 27 (13) develop a model curriculum and provide technical assistance for 28 early childhood education programs; 29 (14) notwithstanding any other provision of this title, intervene as 30 necessary in a school district to improve instructional practices under standards 31 established by the department in regulation, including directing the
01 (A) employees identified by the department to exercise 02 supervisory authority for instructional practices in the district or in a 03 specified school; 04 (B) use of appropriations under this title for distribution to 05 a district; 06 (15) notwithstanding any other provision of this title, redirect 07 public school funding under AS 14.17 appropriated for distribution to a school 08 district, after providing notice to the district and an opportunity for the district 09 to respond, when 10 (A) necessary to contract for services to improve 11 instructional practices in the district; or 12 (B) the district has failed to take an action required by the 13 department to improve instructional practices in the district; if funding is 14 redirected under this subparagraph, the department shall provide the 15 redirected funding to the district when the department has determined 16 that the required action is satisfactorily completed. 17 * Sec. 3. AS 14.07 is amended by adding a new section to read: 18 Sec. 14.07.032. Definition for AS 14.07.020 - 14.07.032. In AS 14.07.020 - 19 14.07.032, "instructional practices" means the strategies and methods used in teaching 20 or delivering information, skills, and material to a student to help the student achieve 21 intended educational outcomes. 22 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).