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HB 313: "An Act relating to student counts and estimates for public school funding; and providing for an effective date."

00 HOUSE BILL NO. 313 01 "An Act relating to student counts and estimates for public school funding; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.11.100(o) is amended to read: 05 (o) The total amount of school construction projects approved for 06 reimbursement by the department under (a)(10) of this section 07 (1) may not exceed $190,644,901; and 08 (2) after June 30, 1998, and until July 1, 2006, shall be allocated as 09 follows: 10 (A) $77,897,000 to projects in a municipality with a public 11 school enrollment of 25,000 or more students in fiscal year 2000, as 12 determined under former AS 14.17.500; 13 (B) $14,571,000 to projects in a municipality with a public 14 school enrollment of at least 15,000 but less than 25,000 students in fiscal year

01 2000, as determined under former AS 14.17.500; 02 (C) $14,143,000 to projects in a municipality with a public 03 school enrollment of at least 10,000 but less than 15,000 students in fiscal year 04 2000, as determined under former AS 14.17.500; 05 (D) $7,429,000 to projects in a municipality with a public 06 school enrollment of at least 7,500 but less than 10,000 students in fiscal year 07 2000, as determined under former AS 14.17.500; 08 (E) $20,712,912 to projects in a municipality with a public 09 school enrollment of at least 5,000 but less than 7,500 students in fiscal year 10 2000, as determined under former AS 14.17.500; 11 (F) $2,660,000 to projects in a municipality with a public 12 school enrollment of at least 2,750 but less than 3,000 students in fiscal year 13 2000, as determined under former AS 14.17.500; 14 (G) $454,000 to projects in a municipality with a public school 15 enrollment of at least 2,400 but less than 2,750 students in fiscal year 2000, as 16 determined under former AS 14.17.500; 17 (H) $46,869,989 to projects in a municipality with a public 18 school enrollment of at least 2,050 but less than 2,400 students in fiscal year 19 2000, as determined under former AS 14.17.500; 20 (I) $329,000 to projects in a municipality with a public school 21 enrollment of at least 1,700 but less than 1,750 students in fiscal year 2000, as 22 determined under former AS 14.17.500; 23 (J) $286,000 to projects in a municipality with a public school 24 enrollment of at least 650 but less than 725 students in fiscal year 2000, as 25 determined under former AS 14.17.500; 26 (K) $519,000 to projects in a municipality with a public school 27 enrollment of at least 500 but less than 525 students in fiscal year 2000, as 28 determined under former AS 14.17.500; 29 (L) $2,224,000 to projects in a municipality with a public 30 school enrollment of at least 425 but less than 482 students in fiscal year 2000, 31 as determined under former AS 14.17.500;

01 (M) $2,550,000 to projects in a municipality with a public 02 school enrollment of at least 290 but less than 305 students in fiscal year 2000, 03 as determined under former AS 14.17.500. 04 * Sec. 2. AS 14.11.100(p) is amended to read: 05 (p) The total amount of school construction projects approved for 06 reimbursement by the department under (a)(13) and (a)(14) of this section 07 (1) may not exceed $177,256,000; 08 (2) after June 30, 1999, and until October 31, 2006, shall be allocated 09 as follows: 10 (A) $61,925,000 to projects in a municipality with a public 11 school enrollment of 45,000 or more students in fiscal year 2005, as 12 determined under former AS 14.17.500; 13 (B) $40,570,000 to projects in a municipality with a public 14 school enrollment of at least 14,600 but less than 20,000 students in fiscal year 15 2005, as determined under former AS 14.17.500; 16 (C) $20,000,000 to projects in a municipality with a public 17 school enrollment of at least 10,000 but less than 14,600 students in fiscal year 18 2005, as determined under former AS 14.17.500; 19 (D) $2,588,000 to projects in a municipality with a public 20 school enrollment of at least 7,500 but less than 10,000 students in fiscal year 21 2005, as determined under former AS 14.17.500; 22 (E) $5,995,000 to projects in a municipality with a public 23 school enrollment of at least 4,000 but less than 6,000 students in fiscal year 24 2005, as determined under former AS 14.17.500; 25 (F) $1,237,000 to projects in a municipality with a public 26 school enrollment of at least 2,400 but less than 2,800 students in fiscal year 27 2005, as determined under former AS 14.17.500; 28 (G) $1,100,000 to projects in a municipality with a public 29 school enrollment of at least 2,200 but less than 2,400 students in fiscal year 30 2005, as determined under former AS 14.17.500; 31 (H) $7,164,000 to projects in a municipality with a public

01 school enrollment of at least 1,300 but less than 1,500 students in fiscal year 02 2005, as determined under former AS 14.17.500; 03 (I) $1,260,000 to projects in a municipality with a public 04 school enrollment of at least 740 but less than 757 students in fiscal year 2005, 05 as determined under former AS 14.17.500; 06 (J) $608,000 to projects in a municipality with a public school 07 enrollment of at least 650 but less than 700 students in fiscal year 2005, as 08 determined under former AS 14.17.500; 09 (K) $32,000,000 to projects in a municipality with a public 10 school enrollment of at least 500 but less than 600 students in fiscal year 2005, 11 as determined under former AS 14.17.500; 12 (L) $2,809,000 to projects in a municipality with a public 13 school enrollment of at least 370 but less than 390 students in fiscal year 2005, 14 as determined under former AS 14.17.500. 15 * Sec. 3. AS 14.11.100(q) is amended to read: 16 (q) The total amount of school construction projects approved for 17 reimbursement by the department under (a)(15) of this section 18 (1) may not exceed $14,644,000; 19 (2) after June 30, 1999, and until October 31, 2006, shall be allocated 20 as follows: 21 (A) $6,522,000 to projects in a municipality with a public 22 school enrollment of at least 1,925 but less than 2,025 students in fiscal year 23 2005, as determined under former AS 14.17.500; 24 (B) $8,122,000 to projects in a municipality with a public 25 school enrollment of at least 398 but less than 400 students in fiscal year 2005, 26 as determined under former AS 14.17.500. 27 * Sec. 4. AS 14.16.050(a) is amended to read: 28 (a) The following provisions apply with respect to the operation and 29 management of a state boarding school as if it were a school district: 30 (1) requirements relating to school district operations: 31 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in

01 session, and school holidays); 02 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 03 applicable to school district operations); 04 (C) regulations adopted by the board under authority of 05 AS 14.07.020(a) that are applicable to school districts and their schools, unless 06 the board specifically exempts state boarding schools from compliance with a 07 regulation; 08 (D) AS 14.12.150 (authorizing school districts to establish and 09 participate in the services of a regional resource center); 10 (E) AS 14.14.050 (imposing the requirement of an annual 11 audit); 12 (F) AS 14.14.110 (authorizing cooperation with other school 13 districts); 14 (G) AS 14.14.140(b) (establishing a prohibition on 15 employment of a relative of the chief school administrator); 16 (H) AS 14.18 (prohibiting discrimination based on sex in 17 public education); 18 (2) requirements relating to the public school funding program and the 19 receipt and expenditure of that funding: 20 (A) [AS 14.17.500 (RELATING TO STUDENT COUNT 21 ESTIMATES); 22 (B)] AS 14.17.505 (relating to school operating fund balances); 23 (B) AS 14.17.505 - 14.17.910 [(C) AS 14.17.500 - 14.17.910] 24 (setting out the procedure for payment of public school funding and imposing 25 general requirements and limits on money paid); 26 (3) requirements relating to teacher employment and retirement: 27 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 28 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 29 tenure of teachers); 30 (C) AS 14.20.220 (relating to the salaries of teachers 31 employed);

01 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 02 provisions for teachers); 03 (E) AS 23.40.070 - 23.40.260 (authorizing collective 04 bargaining by certificated employees), except with regard to teachers who are 05 administrators and except that the board may delegate some or all of its 06 responsibilities under those statutes; 07 (F) AS 14.25 (provisions regarding the teachers' retirement 08 system); 09 (4) requirements relating to students and educational programs: 10 (A) AS 14.30.180 - 14.30.350 (relating to educational services 11 for children with disabilities); 12 (B) AS 14.30.360 - 14.30.370 (establishing health education 13 program standards); 14 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 15 bicultural education). 16 * Sec. 5. AS 14.17.410(b) is amended to read: 17 (b) Public school funding consists of state aid, a required local contribution, 18 and eligible federal impact aid determined as follows: 19 (1) state aid equals basic need minus a required local contribution and 20 90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum 21 obtained under (D) of this paragraph, multiplied by the base student allocation set out 22 in AS 14.17.470; district adjusted ADM is calculated as follows: 23 (A) the ADM of each school in the district is calculated by 24 applying the school size factor to the student count as set out in AS 14.17.450; 25 (B) the number obtained under (A) of this paragraph is 26 multiplied by the district cost factor described in AS 14.17.460; 27 (C) the ADMs of each school in a district, as adjusted 28 according to (A) and (B) of this paragraph, are added; the sum is then 29 multiplied by the special needs factor set out in AS 14.17.420(a)(1) and the 30 high school vocational education factor set out in AS 14.17.420(a)(3); 31 (D) the number obtained for intensive services under

01 AS 14.17.420(a)(2) and the number obtained for correspondence study under 02 AS 14.17.430 are added to the number obtained under (C) of this paragraph; 03 (E) notwithstanding (A) - (C) of this paragraph, if a school 04 district's ADM adjusted for school size under (A) of this paragraph decreases 05 by five percent or more from one fiscal year to the next fiscal year, the school 06 district may use the last fiscal year before the decrease as a base fiscal year to 07 offset the decrease, according to the following method: 08 (i) for the first fiscal year after the base fiscal year 09 determined under this subparagraph, the school district's ADM adjusted 10 for school size determined under (A) of this paragraph is calculated as 11 the district's ADM adjusted for school size, plus 75 percent of the 12 difference in the district's ADM adjusted for school size between the 13 base fiscal year and the first fiscal year after the base fiscal year; 14 (ii) for the second fiscal year after the base fiscal year 15 determined under this subparagraph, the school district's ADM adjusted 16 for school size determined under (A) of this paragraph is calculated as 17 the district's ADM adjusted for school size, plus 50 percent of the 18 difference in the district's ADM adjusted for school size between the 19 base fiscal year and the second fiscal year after the base fiscal year; 20 (iii) for the third fiscal year after the base fiscal year 21 determined under this subparagraph, the school district's ADM adjusted 22 for school size determined under (A) of this paragraph is calculated as 23 the district's ADM adjusted for school size, plus 25 percent of the 24 difference in the district's ADM adjusted for school size between the 25 base fiscal year and the third fiscal year after the base fiscal year; 26 (F) the method established in (E) of this paragraph is available 27 to a school district for the three fiscal years following the base fiscal year 28 determined under (E) of this paragraph only if the district's ADM adjusted for 29 school size determined under (A) of this paragraph for each fiscal year is less 30 than the district's ADM adjusted for school size in the base fiscal year; 31 (G) the method established in (E) of this paragraph does not

01 apply to a decrease in the district's ADM adjusted for school size resulting 02 from a loss of enrollment that occurs as a result of a boundary change under 03 AS 29; 04 (H) notwithstanding (A) - (C) of this paragraph, if a 05 district's ADM adjusted for school size under (A) of this paragraph 06 increases by five percent or more from one fiscal year to the next fiscal 07 year, the department shall provide supplemental funding that is equal to 08 the increase in the adjusted ADM for the current fiscal year; 09 (2) the required local contribution of a city or borough school district is 10 the equivalent of a four mill tax levy on the full and true value of the taxable real and 11 personal property in the district as of January 1 of the second preceding fiscal year, as 12 determined by the Department of Commerce, Community, and Economic 13 Development under AS 14.17.510 and AS 29.45.110, not to exceed 45 percent of a 14 district's basic need for the preceding fiscal year as determined under (1) of this 15 subsection. 16 * Sec. 6. AS 14.17.600(a) is amended to read: 17 (a) Within two weeks after the end of the 20-school-day period ending the 18 fourth Friday in October, each district shall transmit a report to the department that, 19 under regulations adopted by the department, reports its ADM for that count period 20 and other student count information that will aid the department in making a 21 determination of its state aid for the succeeding fiscal year following the count 22 period under the public school funding program. For centralized correspondence 23 study, the October report shall be based on the period from July 1 through the fourth 24 Friday in October. The department may make necessary corrections in the report 25 submitted and shall notify the district of changes made. The commissioner shall notify 26 the governor of additional appropriations the commissioner estimates to be necessary 27 to fully finance the public school funding program for the current fiscal year. 28 * Sec. 7. AS 14.17.600 is amended by adding new subsections to read: 29 (c) A student count shall be adjusted for the current fiscal year as provided 30 under AS 14.17.410(b)(1). 31 (d) Part-time students shall be included in the student count data in accordance

01 with regulations adopted by the department. 02 (e) When reporting a district's ADM, a part-time student who is a 03 correspondence student may not be counted as more than one full-time equivalent 04 student. 05 * Sec. 8. AS 14.17.500 is repealed. 06 * Sec. 9. This Act takes effect July 1, 2014.