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SCS CSHB 44(EDC): "An Act relating to a parent's right to direct the education of a child; relating to course mastery requirements; relating to the duties of the Department of Education and Early Development; prohibiting a school district from contracting with an abortion services provider; relating to questionnaires administered in a public school; relating to the duties of school districts; relating to training for school employees and mandatory reporters of child abuse or neglect; relating to physical examinations for students; relating to physical examinations for teachers; relating to sexual abuse and sexual assault awareness and prevention efforts in public schools; relating to dating violence and abuse awareness and prevention efforts in public schools; prohibiting a school district from allowing an abortion services provider to furnish course materials or provide instruction concerning sexuality or sexually transmitted diseases; relating to national criminal history record check requirements for employees of child care facilities and residential child care facilities; and repealing the requirement for secondary students to take college and career readiness assessments."

00                 SENATE CS FOR CS FOR HOUSE BILL NO. 44(EDC)                                                             
01 "An Act relating to a parent's right to direct the education of a child; relating to course                             
02 mastery requirements; relating to the duties of the Department of Education and Early                                   
03 Development; prohibiting a school district from contracting with an abortion services                                   
04 provider; relating to questionnaires administered in a public school; relating to the                                   
05 duties of school districts; relating to training for school employees and mandatory                                     
06 reporters of child abuse or neglect; relating to physical examinations for students;                                    
07 relating to physical examinations for teachers; relating to sexual abuse and sexual                                     
08 assault awareness and prevention efforts in public schools; relating to dating violence                                 
09 and abuse awareness and prevention efforts in public schools; prohibiting a school                                      
10 district from allowing an abortion services provider to furnish course materials or                                     
11 provide instruction concerning sexuality or sexually transmitted diseases; relating to                                  
12 national criminal history record check requirements for employees of child care                                         
01 facilities and residential child care facilities; and repealing the requirement for                                     
02 secondary students to take college and career readiness assessments."                                                   
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       SHORT TITLE. Section 16 of this Act may be known as the Alaska Safe Children's                                    
07 Act.                                                                                                                    
08    * Sec. 2. AS 14.03 is amended by adding a new section to read:                                                     
09            Sec. 14.03.016. A parent's right to direct the education of the parent's                                   
10       child. (a) A local school board shall, in consultation with parents, teachers, and school                       
11       administrators, adopt policies to promote the involvement of parents in the school                                
12       district's education program. The policies must include procedures                                                
13                 (1)  recognizing the authority of a parent and allowing a parent to                                     
14       object to and withdraw the child from a standards-based assessment or test required by                            
15       the state;                                                                                                        
16                 (2)  recognizing the authority of a parent and allowing a parent to                                     
17       object to and withdraw the child from an activity, class, or program because of                                   
18       concern regarding                                                                                                 
19                      (A)  content involving human reproduction or sexual matters;                                       
20                      (B)  inquiries into personal or private family affairs of the                                      
21            student or family that are not a matter of public record or subject to public                                
22            observation;                                                                                                 
23                 (3)  providing for parent notification not less than two weeks, but not                                 
24       more than six weeks, before any activity, class, or program that includes content                                 
25       involving human reproduction or sexual matters is provided to a child and requiring                               
26       written permission from the child's parent before the child may participate in the                                
27       activity, class, or program;                                                                                      
28                 (4)  recognizing the authority of a parent and allowing a parent to                                     
29       withdraw the child from an activity, class, program, or standards-based assessment or                             
30       test required by the state for a religious holiday, as defined by the parent;                                     
01                 (5)  providing a parent with an opportunity to review the content of an                                 
02       activity, class, performance standard, or program;                                                                
03                 (6)  ensuring that, when a child is absent from an activity, class,                                     
04       program, or standards-based assessment or test required by the state under this section,                          
05       the absence is not considered an unlawful absence under AS 14.30.020.                                           
06            (b)  The policies adopted under (a)(1), (2), and (4) - (6) of this section may not                           
07       allow a parent categorically to object or withdraw a child from all activities, classes,                          
08       programs, or standards-based assessments or tests required by the state. The policies                             
09       must require a parent to object each time the parent wishes to withdraw the child from                            
10       an activity, class, program, or standards-based assessment or test required by the state.                         
11       The policies adopted under (a)(3) of this section must require written permission from                            
12       the child's parent before each separate activity, class, or program is provided to a child                        
13       that includes content involving human reproduction or sexual matters.                                             
14            (c)  In this section,                                                                                        
15                 (1)  "child" means an unemancipated minor under 18 years of age;                                        
16                 (2)  "local school board" has the meaning given in AS 14.03.290;                                        
17                 (3)  "parent" means the natural or adoptive parent of a child or a child's                              
18       legal guardian;                                                                                                   
19                 (4)  "school district" has the meaning given in AS 14.30.350.                                           
20    * Sec. 3. AS 14.03.073(a) is amended to read:                                                                      
21            (a)  A school district shall provide the opportunity for students enrolled in                                
22       grades nine through 12 [A SECONDARY SCHOOL] in the district to challenge one                              
23       or more courses [A COURSE] provided by the district by demonstrating mastery in                               
24       mathematics, language arts, science, social studies, and world languages at the level of                          
25       the course challenged. A school district shall give full credit for a course to a student                         
26       who successfully challenges that course as provided under this section.                                           
27    * Sec. 4. AS 14.03.073(b) is amended to read:                                                                      
28            (b)  A school district shall establish, within a reasonable time, an assessment                              
29       tool and a standard for demonstrating mastery in [SECONDARY SCHOOL] courses                                       
30       provided for students in grades nine through 12 by the district under this section.                           
31       This section does not require a school district to establish an assessment tool for                           
01       every course in mathematics, language arts, science, social studies, and world                                
02       languages that is offered to students in grades nine through 12 by the district.                              
03    * Sec. 5. AS 14.03.083 is amended by adding a new subsection to read:                                              
04            (e)  A school district and an educational services organization that has a                                   
05       contract with a school district may not contract with an abortion services provider.                              
06    * Sec. 6. AS 14.03.110(a) is amended to read:                                                                      
07            (a)  A school district, principal or other person in charge of a public school, or                           
08       teacher in a public school may not administer or permit to be administered in a school                            
09       a questionnaire or survey, whether anonymous or not [, THAT INQUIRES INTO                                         
10       PERSONAL OR PRIVATE FAMILY AFFAIRS OF THE STUDENT NOT A                                                           
11       MATTER OF PUBLIC RECORD OR SUBJECT TO PUBLIC OBSERVATION]                                                         
12       unless written permission is obtained from the student's parent or legal guardian.                                
13    * Sec. 7. AS 14.03.110(d) is amended to read:                                                                      
14            (d)  The school shall give a student's parent or guardian an opportunity to                                  
15       review the questionnaire or survey described under (b) or (c) of this section and shall                           
16       give the parent or guardian written notice regarding                                                              
17                 (1)  how the questionnaire or survey will be administered to the                                        
18       student;                                                                                                          
19                 (2)  how the results of the survey or questionnaire will be used; and                                   
20                 (3)  who will have access to the questionnaire, [OR] survey, or results.                        
21    * Sec. 8. AS 14.08.111 is amended to read:                                                                         
22            Sec. 14.08.111. Duties. A regional school board shall                                                      
23                 (1)  provide, during the school term of each year, an educational                                       
24       program for each school age child who is enrolled in or a resident of the district;                               
25                 (2)  develop a philosophy of education, principles, and goals for its                                   
26       schools;                                                                                                          
27                 (3)  approve the employment of the professional administrators,                                         
28       teachers, and noncertificated personnel necessary to operate its schools;                                         
29                 (4)  establish the salaries to be paid its employees;                                                   
30                 (5)  designate the employees authorized to direct disbursements from                                    
31       the school funds of the board;                                                                                    
01                 (6)  submit the reports prescribed for all school districts;                                            
02                 (7)  provide for an annual audit in accordance with AS 14.14.050;                                       
03                 (8)  provide custodial services and routine maintenance of school                                       
04       buildings and facilities;                                                                                         
05                 (9)  establish procedures for the review and selection of all textbooks                                 
06       and instructional materials, including textbooks and curriculum materials for statewide                           
07       correspondence programs, before they are introduced into the school curriculum; the                               
08       review includes a review for violations of AS 14.18.060; nothing in this paragraph                                
09       precludes a correspondence study student, or the parent or guardian of a                                          
10       correspondence study student, from privately obtaining or using textbooks or                                      
11       curriculum material not provided by the school district;                                                          
12                 (10)  provide prospective employees with information relating to the                                    
13       availability and cost of housing in rural areas to which they might be assigned, and,                             
14       when possible, assist them in locating housing; however, nothing in this paragraph                                
15       requires a regional school board to provide teacher housing, whether owned, leased, or                            
16       rented or otherwise provided by the regional educational attendance area, nor does it                             
17       require the board to engage in a subsidy program of any kind with respect to teacher                              
18       housing; [AND]                                                                                                    
19                 (11)  train persons required to report under AS 47.17.020, in the                                       
20       recognition and reporting of child abuse, neglect, and sexual abuse of a minor; and                           
21                 (12)  establish procedures for providing the training under                                         
22       AS 14.30.355 and 14.30.356 if the school board elects to provide the training                                 
23       under those sections, and the training required under AS 14.18.060,                                           
24       AS 14.20.149, 14.20.680, AS 14.33.100, 14.33.127, AS 18.66.310, and AS 47.17.022,                             
25       at least once every five years or at intervals set by the governing body of a school                          
26       to ensure that a sufficient number of school employees receive the training to                                
27       meet the needs of the school population; the training under this paragraph may                                
28       be provided on a staggered schedule.                                                                          
29    * Sec. 9. AS 14.14.090 is amended to read:                                                                         
30            Sec. 14.14.090. Duties of school boards. In addition to other duties, a school                             
31       board shall                                                                                                       
01                 (1)  determine and disburse the total amount to be made available for                                   
02       compensation of all school employees and administrative officers;                                                 
03                 (2)  provide for, during the school term of each year, an educational                                   
04       program for each school age child who is enrolled in or a resident of the district;                               
05                 (3)  withhold the salary for the last month of service of a teacher or                                  
06       administrator until the teacher or administrator has submitted all summaries, statistics,                         
07       and reports that the school board may require by bylaws;                                                          
08                 (4)  transmit, when required by the assembly or council but not more                                    
09       often than once a month, a summary report and statement of money expended;                                        
10                 (5)  keep the minutes of meetings and a record of all proceedings of the                                
11       school board in a pertinent form;                                                                                 
12                 (6)  keep the records and files of the school board open to inspection by                               
13       the public at the principal administrative office of the district during reasonable                               
14       business hours;                                                                                                   
15                 (7)  establish procedures for the review and selection of all textbooks                                 
16       and instructional materials, including textbooks and curriculum materials for statewide                           
17       correspondence programs, before they are introduced into the school curriculum; the                               
18       review includes a review for violations of AS 14.18.060; nothing in this paragraph                                
19       precludes a correspondence study student, or the parent or guardian of a                                          
20       correspondence study student, from privately obtaining or using textbooks or                                      
21       curriculum material not provided by the school district;                                                          
22                 (8)  provide prospective employees with information relating to the                                     
23       availability and cost of housing in rural areas to which they might be assigned, and,                             
24       when possible, assist them in locating housing; however, nothing in this paragraph                                
25       requires a school district to provide teacher housing, whether district owned, leased,                            
26       rented, or through other means, nor does it require a school board to engage in a                                 
27       subsidy program of any kind regarding teacher housing;                                                            
28                 (9)  train persons required to report under AS 47.17.020, in the                                        
29       recognition and reporting of child abuse, neglect, and sexual abuse of a minor;                                   
30                 (10)  provide for the development and implementation of a preventative                                  
31       maintenance program for school facilities; in this paragraph, "preventative                                       
01       maintenance" means scheduled maintenance actions that prevent the premature failure                               
02       or extend the useful life of a facility, or a facility's systems and components, and that                         
03       are cost-effective on a life-cycle basis;                                                                     
04                 (11)  establish procedures for providing the training under                                         
05       AS 14.30.355 and 14.30.356 if the school board elects to provide the training                                 
06       under those sections, and the training required under AS 14.18.060,                                           
07       AS 14.20.149, 14.20.680, AS 14.33.100, 14.33.127, AS 18.66.310, and AS 47.17.022,                             
08       at least once every five years or at intervals set by the governing body of a school                          
09       to ensure that a sufficient number of school employees receive the training to                                
10       meet the needs of the school population; the training under this paragraph may                                
11       be provided on a staggered schedule.                                                                          
12    * Sec. 10. AS 14.16.020 is amended to read:                                                                        
13            Sec. 14.16.020. Operation of state boarding schools. In the management of                                  
14       state boarding schools, the board shall                                                                           
15                 (1)  adopt a philosophy of education for state boarding schools;                                        
16                 (2)  approve the employment of personnel necessary to operate state                                     
17       boarding schools;                                                                                                 
18                 (3)  establish the salaries and benefits to be paid teachers, excluding                                 
19       administrators;                                                                                                   
20                 (4)  designate the employees authorized to direct disbursements from                                    
21       the money appropriated for the operation of state boarding schools and for the                                    
22       construction of facilities;                                                                                       
23                 (5)  provide custodial services and routine maintenance of physical                                     
24       facilities;                                                                                                       
25                 (6)  establish procedures for the development and implementation of                                     
26       curriculum and the selection and use of textbooks and instructional materials;                                    
27                 (7)  prescribe health evaluation and placement screening programs for                                   
28       newly admitted students;                                                                                          
29                 (8)  establish procedures for staff evaluation; and                                                     
30                 (9)  establish procedures for providing the training under                                          
31       AS 14.30.355 and 14.30.356 if the board elects to provide the training under those                            
01       sections, and the training required under AS 14.18.060, AS 14.20.149, 14.20.680,                              
02       AS 14.33.100, 14.33.127, AS 18.66.310, and AS 47.17.022, at least once every five                             
03       years or at intervals set by the governing body of a school to ensure that a                                  
04       sufficient number of school employees receive the training to meet the needs of                               
05       the school population; the training under this paragraph may be provided on a                                 
06       staggered schedule [PROVIDE STAFF TRAINING].                                                                  
07    * Sec. 11. AS 14.18.060(b) is amended to read:                                                                     
08            (b)  The board shall establish by regulation standards for nondiscriminatory                                 
09       textbooks and educational materials. Each school board shall provide training for all                             
10       its certificated personnel at intervals set by the governing body of a school to                              
11       ensure that a sufficient number of certificated personnel receive the training to                             
12       meet the needs of the school population in the identification and recognition of sex-                         
13       biased materials.                                                                                                 
14    * Sec. 12. AS 14.20.149(d) is amended to read:                                                                     
15            (d)  At least once every five years or at intervals set by the governing body                            
16       of a school to ensure that a sufficient number of certificated employees receive                              
17       the training to meet the needs of the school population, and within 45 days after                             
18       the first day of employment for new certificated employees [ONCE EACH                                         
19       SCHOOL YEAR], a school district shall offer in-service training to the certificated                               
20       employees who are subject to the evaluation system. The training must address the                                 
21       procedures of the evaluation system, the standards that the district uses in evaluating                           
22       the performance of teachers and administrators, and other information that the district                           
23       considers helpful.                                                                                                
24    * Sec. 13. AS 14.20.680(b) is amended to read:                                                                     
25            (b)  A newly hired teacher, administrator, counselor, or specialist who has not                              
26       previously received the training required under (a) of this section shall receive the                             
27       required training within 45 days after the first day the teacher, administrator,                                  
28       counselor, or specialist begins to work and, thereafter, at intervals set by the                              
29       governing body of a school to ensure that a sufficient number of school employees                             
30       receive the training to meet the needs of the school population.                                            
31    * Sec. 14. AS 14.30.070(b) is amended to read:                                                                     
01            (b)  The Department of Health and Social Services may require the district to                                
02       conduct [ADDITIONAL] physical examinations that it considers necessary, and may                                   
03       reimburse the district for the [ADDITIONAL] examinations on the basis and to the                                  
04       extent the commissioner of health and social services prescribes by regulation.                                   
05    * Sec. 15. AS 14.30 is amended by adding a new section to read:                                                    
06            Sec. 14.30.075. Physical examinations for teachers. (a) A school district may                              
07       require physical examinations of teachers as a condition of employment. A school                                  
08       district may not pay the cost of physical examinations for teachers. This section does                            
09       not affect the coverage of any health insurance benefits that a school district provides                          
10       to teachers.                                                                                                      
11            (b)  In this section, "school district" has the meaning given in AS 14.30.350.                               
12    * Sec. 16. AS 14.30 is amended by adding new sections to read:                                                     
13        Article 6A. Sexual Abuse and Sexual Assault Awareness and Prevention.                                          
14            Sec. 14.30.355. Sexual abuse and sexual assault awareness and prevention.                                  
15       (a) The governing body of each school district may adopt and implement a policy,                                  
16       establish a training program for employees and students, and provide parent, student,                             
17       and staff notices relating to sexual abuse and sexual assault awareness and prevention                            
18       for students enrolled in grades kindergarten through 12.                                                          
19            (b)  The policy, training, and notices adopted under this section must include                               
20                 (1)  age-appropriate information;                                                                       
21                 (2)  warning signs of sexual abuse of a child;                                                          
22                 (3)  referral and resource information;                                                                 
23                 (4)  available student counseling and educational support;                                              
24                 (5)  methods for increasing teacher, student, and parent awareness of                                   
25       issues regarding sexual abuse of children;                                                                        
26                 (6)  actions that a child may take to prevent and report sexual abuse or                                
27       sexual assault; and                                                                                               
28                 (7)  a procedure allowing a student to be excused from participating in                                 
29       training or from receiving notices under this section at the written request of a parent                          
30       or guardian of the student, or of the student if the student is emancipated or 18 years of                        
31       age or older.                                                                                                     
01            (c)  In this section, "school district" has the meaning given in AS 14.30.350.                               
02            Sec. 14.30.356. Dating violence and abuse policy, training, awareness,                                     
03       prevention, and notices. (a) The governing body of each school district may adopt                               
04       and implement a policy, establish a training program for employees and students, and                              
05       provide parent, student, and staff notices relating to dating violence and abuse in                               
06       grades seven through 12. A training program adopted under this section must                                       
07       emphasize prevention and awareness.                                                                               
08            (b)  The policy, training, notices, and instruction adopted under this section                               
09       must include                                                                                                      
10                 (1)  age-appropriate information;                                                                       
11                 (2)  information explaining that "dating violence and abuse" means a                                    
12       pattern of behavior in which one person threatens to use, or actually uses, physical,                             
13       sexual, verbal, emotional, or psychological abuse to control the person's dating                                  
14       partner;                                                                                                          
15                 (3)  the warning signs of dating violence and abusive behavior;                                         
16                 (4)  characteristics of healthy relationships;                                                          
17                 (5)  measures to prevent and stop dating violence and abuse;                                            
18                 (6)  community resources available to victims of dating violence and                                    
19       abuse; and                                                                                                        
20                 (7)  a procedure allowing a student to be excused from participating in                                 
21       training or from receiving notices under this section at the written request of a parent                          
22       or guardian of the student, or of the student if the student is emancipated or 18 years of                        
23       age or older.                                                                                                     
24            (c)  In this section, "school district" has the meaning given in AS 14.30.350.                               
25    * Sec. 17. AS 14.30.360 is amended by adding a new subsection to read:                                             
26            (c)  A school district may not permit an abortion services provider or an                                    
27       employee or volunteer of an abortion services provider to offer, sponsor, furnish                                 
28       course materials, or provide instruction relating to human sexuality or sexually                                  
29       transmitted diseases.                                                                                             
30    * Sec. 18. AS 14.30.370 is amended to read:                                                                        
31            Sec. 14.30.370. Evaluation. Health education programs conducted under                                      
01       AS 14.30.360 shall be evaluated by the department in the same manner as other                                     
02       curriculum programs are evaluated, except that the evaluation shall also include                                  
03       changes in the health status of the pupils as determined by physical and dental                                   
04       examinations conducted under AS 14.30.070 [AND 14.30.120].                                                        
05    * Sec. 19. AS 14.33.100(d) is amended to read:                                                                     
06            (d)  Each district shall [ANNUALLY] provide to each district employee                                        
07       training in crisis response, including evacuation and lock down drills. New district                          
08       employees who have not previously received the training required under this                                   
09       subsection shall receive the required training within 45 days after the first day of                          
10       employment and, thereafter, at intervals required by the governing body of a                                  
11       school to ensure that a sufficient number of district employees receive the                                   
12       training to meet the needs of the school population.                                                          
13    * Sec. 20. AS 18.66.310(d) is amended to read:                                                                     
14            (d)  The continuing education required under (a) - (c) of this section must be                           
15       provided within 45 days after the first day of employment for new employees who                               
16       have not previously received the training, and thereafter, at least once every five                           
17       years, and must include information on the following subjects:                                                
18                 (1)  the nature, extent, and causes of domestic violence;                                               
19                 (2)  procedures designed to promote the safety of the victim and other                                  
20       household members;                                                                                                
21                 (3)  resources available to victims and perpetrators of domestic                                        
22       violence; and                                                                                                     
23                 (4)  the lethality of domestic violence.                                                                
24    * Sec. 21. AS 47.05.310 is amended by adding new subsections to read:                                              
25            (j)  An individual who possesses a valid teacher certificate issued under                                    
26       AS 14.20.015 - 14.20.025 and applies to work at a facility licensed or certified by the                           
27       Department of Education and Early Development or who applies to work in a child                                   
28       care facility or residential child care facility in a position as a certificated teacher with                     
29       supervised access may request that the individual's criminal justice information and                              
30       national criminal history record check on file with the Department of Education and                               
31       Early Development be used to satisfy the requirements of (d) and (e) of this section.                             
01            (k)  In this section,                                                                                        
02                 (1)  "child care facility" has the meaning given in AS 47.25.095;                                       
03                 (2)  "residential child care facility" has the meaning given in                                         
04       AS 47.32.900;                                                                                                     
05                 (3)  "supervised access" means that a supervisor maintains a prudent                                    
06       level of awareness of the whereabouts of the individual for whom supervised access is                             
07       required to ensure the protection of recipients of services.                                                      
08    * Sec. 22. AS 47.17.022(b) is amended to read:                                                                     
09            (b)  Each department of the state and school district that employs persons                                   
10       required to report abuse or neglect of children shall provide                                                     
11                 (1)  initial training required by this section to each new employee                                     
12       within 45 days after the first day [DURING THE EMPLOYEE'S FIRST SIX                                           
13       MONTHS] of employment, and to any existing employee who has not received                                          
14       equivalent training; and                                                                                          
15                 (2)  [AT LEAST ONCE EVERY FIVE YEARS,] appropriate in-                                                  
16       service training at least once every five years thereafter, or at intervals required                          
17       by the governing body of a school to ensure that a sufficient number of school                                
18       employees receive the training to meet the needs of the school population                                     
19       [REQUIRED BY THIS SECTION AS DETERMINED BY THE DEPARTMENT OR                                                      
20       SCHOOL DISTRICT].                                                                                                 
21    * Sec. 23. AS 14.03.075(a), 14.03.075(b), 14.03.075(c), 14.03.075(e)(1);                                           
22 AS 14.07.165(a)(5), 14.07.165(b); AS 14.30.070(a), and 14.30.120 are repealed.