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SB 80: "An Act relating to the duties of the Department of Education and Early Development; relating to educational standards and assessments; relating to an educational standards and assessments review committee; and providing for an effective date."

00                             SENATE BILL NO. 80                                                                          
01 "An Act relating to the duties of the Department of Education and Early Development;                                    
02 relating to educational standards and assessments; relating to an educational standards                                 
03 and assessments review committee; and providing for an effective date."                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 14.07.020 is amended by adding a new subsection to read:                                           
06            (d)  The department may not accept funds not specifically appropriated by the                                
07       full legislature if accepting the funds will affect state educational policy or require the                       
08       state to appropriate funding in future years unless the department first obtains the                              
09       approval of the senate and house education committees in a joint meeting. If the                                  
10       legislature is not in session, the department shall obtain approval from the Legislative                          
11       Budget and Audit Committee. The Legislative Budget and Audit Committee shall                                      
12       consult with the chairs of the senate and house education committees before granting                              
13       approval.                                                                                                         
14    * Sec. 2. AS 14.07.030 is amended to read:                                                                         
01            Sec. 14.07.030. Powers of the department. The department may                                               
02                 (1)  establish, maintain, govern, operate, discontinue, and combine area,                               
03       regional, and special schools;                                                                                    
04                 (2)  enter into contractual agreements with the Bureau of Indian Affairs                                
05       or with a school district to share boarding costs of secondary school students;                                   
06                 (3)  provide for citizenship night schools when and where expedient;                                    
07                 (4)  provide for the sale or other disposition of abandoned or obsolete                                 
08       buildings and other state-owned school property;                                                                  
09                 (5)  prescribe a classification for items of expense of school districts;                               
10                 (6)  acquire and transfer personal property, acquire real property, and                                 
11       transfer real property to federal agencies, state agencies, or to political subdivisions;                         
12                 (7)  enter into contractual agreements with school districts to provide                                 
13       more efficient or economical education services; reasonable fees may be charged by                                
14       the department to cover the costs of providing services under an agreement, including                             
15       costs for professional services, reproduction or printing, and mailing and distribution                           
16       of educational materials;                                                                                         
17                 (8)  provide for the issuance of elementary and secondary diplomas to                                   
18       persons not in school who have completed the equivalent of an 8th or 12th grade                                   
19       education, respectively, in accordance with standards established by the department;                              
20                 (9)  apply for, accept, and spend endowments, grants, and other private                                 
21       money available to the state for educational purposes in accordance with AS 37.07                                 
22       (Executive Budget Act) and AS 14.07.020(d);                                                                   
23                 (10)  set student tuition and fees for educational and extracurricular                                  
24       programs and services provided and schools operated by the department under the                                   
25       provisions of (1) of this section and AS 14.07.020(a)(9), (11), and (12);                                         
26                 (11)  charge fees to cover the costs of care and handling with respect to                               
27       the acquisition, warehousing, distribution, or transfer of donated foods;                                         
28                 (12)  establish and collect fees for the rental of school facilities and for                            
29       other programs and services provided by the schools;                                                              
30                 (13)  develop a model curriculum and provide technical assistance for                                   
31       early childhood education programs;                                                                               
01                 (14)  notwithstanding any other provision of this title, intervene in a                                 
02       school district to improve instructional practices under standards established by the                             
03       department in regulation, including directing the                                                                 
04                      (A)  employees identified by the department to exercise                                            
05            supervisory authority for instructional practices in the district or in a specified                          
06            school;                                                                                                      
07                      (B)  use of appropriations under this title for distribution to a                                  
08            district;                                                                                                    
09                 (15)  notwithstanding any other provision of this title, redirect public                                
10       school funding under AS 14.17 appropriated for distribution to a school district, after                           
11       providing notice to the district and an opportunity for the district to respond, when                             
12                      (A)  necessary to contract for services to improve instructional                                   
13            practices in the district; or                                                                                
14                      (B)  the district has failed to take an action required by the                                     
15            department to improve instructional practices in the district; if funding is                                 
16            redirected under this subparagraph, the department shall provide the redirected                              
17            funding to the district when the department has determined that the required                                 
18            action is satisfactorily completed.                                                                          
19    * Sec. 3. AS 14.07 is amended by adding a new section to read:                                                     
20            Sec. 14.07.034. Performance standards and student assessments review                                       
21       committee. (a) At least once every five years, the department shall convene an                                  
22       educational standards and assessments review committee to review the statewide                                    
23       performance standards and student assessments developed by the department under                                   
24       AS 14.07.020. The department shall appoint the members of the committee. At least                                 
25       50 percent of the members of the committee must be parents of school age children.                                
26            (b)  The committee shall review the performance standards and assessments                                    
27       developed by the department under AS 14.07.020 and submit a report to the                                         
28       department addressing whether the legislature should approve the performance                                      
29       standards and student assessments.                                                                                
30            (c)  The department shall submit the committee's report to the senate secretary                              
31       and chief clerk of the house of representatives within 10 days after the opening of the                           
01       session and notify the legislature that the report is available.                                                  
02            (d)  The department may not implement performance standards and student                                      
03       assessments until they are approved by the legislature by law.                                                    
04            (e)  Members of the commission receive no compensation, but are entitled to                                  
05       per diem and travel expenses authorized for boards and commissions under                                          
06       AS 39.20.180.                                                                                                     
07    * Sec. 4. AS 14.07.150 is amended to read:                                                                         
08            Sec. 14.07.150. Budget and fiscal authority. The commissioner has                                          
09       responsibility and authority for the preparation and execution of a budget and for the                            
10       other fiscal affairs of the department, subject to the approval of the board and subject                      
11       to AS 14.07.020(d).                                                                                           
12    * Sec. 5. AS 24.20.206 is amended to read:                                                                         
13            Sec. 24.20.206. Duties. The Legislative Budget and Audit Committee shall                                   
14                 (1)  annually review the long-range operating plans of all agencies of                                  
15       the state that perform lending or investment functions;                                                           
16                 (2)  review periodic reports from all agencies of the state that perform                                
17       lending or investment functions;                                                                                  
18                 (3)  prepare a complete report of investment programs, plans,                                           
19       performance, and policies of all agencies of the state that perform lending or                                    
20       investment functions and notify the legislature on or before the first day of each                                
21       regular session that the report is available;                                                                     
22                 (4)  in conjunction with the finance committee of each house,                                           
23       recommend annually to the legislature the investment policy for the general fund                                  
24       surplus and for the income from the permanent fund;                                                               
25                 (5)  provide for an annual post audit and annual operational and                                        
26       performance evaluation of the Alaska Permanent Fund Corporation investments and                                   
27       investment programs;                                                                                              
28                 (6)  provide for an annual operational and performance evaluation of                                    
29       the Alaska Housing Finance Corporation and the Alaska Industrial Development and                                  
30       Export Authority; the performance evaluation must include, but is not limited to, a                               
31       comparison of the effect on various sectors of the economy by public and private                                  
01       lending, the effect on resident and nonresident employment, the effect on real wages,                             
02       and the effect on state and local operating and capital budgets of the programs of the                            
03       Alaska Housing Finance Corporation and the Alaska Industrial Development and                                      
04       Export Authority;                                                                                                 
05                 (7)  provide assistance to the trustees of the trust established in                                     
06       AS 37.14.400 - 37.14.450 in carrying out their duties under AS 37.14.415;                                     
07                 (8)  grant or deny, in consultation with the chairs of the senate and                               
08       house education committees, a request by the Department of Education and                                      
09       Early Development for authority to accept funds under AS 14.07.020(d).                                        
10    * Sec. 6. AS 37.07.080 is amended by adding a new subsection to read:                                              
11            (i)  Notwithstanding (h) of this section, the Department of Education and Early                              
12       Development may not accept federal or other program receipts not specifically                                     
13       appropriated by the full legislature unless the Department of Education and Early                                 
14       Development complies with AS 14.07.020(d) before accepting the federal or other                                   
15       program receipts.                                                                                                 
16    * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18       TRANSITION. The Department of Education and Early Development shall convene                                       
19 the first educational standards and assessments review committee, described in AS 14.07.034,                            
20 added by sec. 3 of this Act, in 2015 and shall submit the committee's report to the legislature                         
21 within 10 days after the opening of the Second Regular Session of the Twenty-Ninth Alaska                               
22 State Legislature. Notwithstanding AS 14.07.034, added by sec. 3 of this Act, the Department                            
23 of Education and Early Development may continue to implement the current performance                                    
24 standards and student assessments for the remainder of the 2014 - 2015 school year and the                              
25 2015 - 2016 school year.                                                                                                
26    * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).