HCS CSSB 104(FIN): "An Act relating to the duties of the Department of Education and Early Development; relating to the duties of the state Board of Education and Early Development; relating to school curricula; and relating to a system for managing student information and records related to individualized education programs for children with disabilities."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 104(FIN) 01 "An Act relating to the duties of the Department of Education and Early Development; 02 relating to the duties of the state Board of Education and Early Development; relating to 03 school curricula; and relating to a system for managing student information and records 04 related to individualized education programs for children with disabilities." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.07.030 is amended by adding a new subsection to read: 07 (b) The department may not require a school district to review textbooks, 08 instructional materials, or curricula more frequently than once every 10 years. 09 * Sec. 2. AS 14.07.165 is amended by adding a new subsection to read: 10 (c) Every five years, the board shall review the mathematics and English and 11 language arts curricula used in the state to ensure the curricula are still effective and 12 are being taught using best practices. 13 * Sec. 3. AS 14.07 is amended by adding new sections to read: 14 Sec. 14.07.180. Curricula approval and review; pilot program; incentives.
01 (a) Notwithstanding any other provision of law, the board shall establish standards and 02 a procedure for the review, ranking, and approval of mathematics and English and 03 language arts curricula for school districts to use in each grade level as provided in this 04 section. The board may include curricula delivered through virtual education in the 05 standards and procedure established under this subsection. 06 (b) The department, in consultation with school districts, shall review 07 mathematics and English and language arts curricula used in schools in the state and in 08 other states and countries and may include in the review curricula delivered through 09 virtual education. Not later than July 1, 2019, the department shall identify the best 10 mathematics and English and language arts curricula and the best teaching practices 11 for each of the curricula. The department may identify the best mathematics and 12 English and language arts curricula delivered through virtual education. 13 (c) The department shall submit the curricula and teaching practices that the 14 department identifies as the best under (b) of this section to the board for approval, 15 including evidence supporting the department's selection, if the department concludes 16 that the curricula and best practices 17 (1) are appropriate; 18 (2) are in compliance with the nondiscrimination standards established 19 under AS 14.18.060(b); 20 (3) are aligned with state education standards; and 21 (4) result in improved academic achievement for students. 22 (d) The board may approve curricula submitted under (c) of this section if the 23 curricula are consistent with the standards established by the board under (a) of this 24 section. The department shall place the curricula approved by the board into two 25 categories as follows: 26 (1) incentivized curricula for the best curricula for each subject, based 27 on evidence provided to the department; the department may place not more than two 28 curricula in this category for each subject; 29 (2) designated effective curricula for the curricula for each subject that 30 are not incentivized curricula but that the department finds appropriate and effective 31 based on factual and other evidence provided to the department.
01 (e) A three-year pilot program is established in the department, starting in the 02 2019-2020 school year, to test the appropriateness and effectiveness of the 03 incentivized curricula approved under (d) of this section. In conducting the program, 04 the department shall 05 (1) establish an application process for school districts to apply for 06 participation in the program; 07 (2) select four school districts from those that apply to participate in 08 the program, including two rural and two urban school districts, basing the selection of 09 the school districts on the readiness and capacity of each district; 10 (3) assign to each participating school district the incentivized 11 mathematics curriculum or the incentivized English and language arts curriculum; the 12 department shall assign the mathematics curriculum to one rural and one urban school 13 district and the English and language arts curriculum to one rural and one urban school 14 district; 15 (4) starting in the 2019-2020 school year, distribute incentive 16 payments, not to exceed $10,000,000 in total, to the four school districts to assist with 17 the purchase and implementation of the curricula, including best teaching practices 18 and professional development, and purchase of instructional materials. 19 (f) At the completion of the pilot program under (e) of this section, the 20 department shall 21 (1) if the department finds that the incentivized curricula tested in the 22 pilot program are appropriate and effective, submit the findings to the board; and 23 (2) if the board finds that the curricula tested in the pilot program are 24 appropriate and effective, make the curricula and one-time incentive payments under 25 (g) of this section available to all school districts starting in the 2022-2023 school year 26 and ending in the 2024-2025 school year. 27 (g) The department may distribute an incentive payment available to a school 28 district in an amount that is not more than the school district's ADM multiplied by 29 150, subject to availability of funding, if the governing body of the school district 30 (1) selects one of the incentivized curricula for implementation in the 31 school district in an eligible school year under (f)(2) of this section;
01 (2) requests an incentive payment from the department; 02 (3) has not previously implemented the incentivized curricula; and 03 (4) demonstrates to the satisfaction of the department the readiness and 04 capacity of the school district to implement the curricula. 05 (h) In addition to any unexpended money under (e)(4) of this section, the 06 department may distribute not more than $9,500,000 in incentive payments under (f) 07 and (g) of this section. 08 (i) The department shall publish on the department's Internet website and 09 make available to the public 10 (1) all curricula used by school districts in the state for all subjects, 11 whether or not the curricula are approved; and 12 (2) the curricula approved under (d) of this section. 13 (j) The department shall submit an electronic report to the legislature and 14 make the report available to the public on the department's Internet website. The report 15 must provide information on the pilot project and the curricula that each school district 16 has adopted. On or before January 15, 2019, and each year thereafter, the department 17 shall submit the report required under this subsection to the senate secretary and the 18 chief clerk of the house of representatives and notify the legislature that the report is 19 available. 20 (k) Each school district shall submit to the department the relevant 21 information needed for the department to carry out its duties under this section. 22 (l) Payments for curricula implementation under the pilot program described 23 in (e) of this section and incentive payments under (f) and (g) of this section are 24 subject to appropriation. If insufficient funding is available to distribute payments to 25 all school districts that request funding in a year under (g) of this section, the 26 department may distribute payments to the remaining school districts the following 27 school year. 28 (m) If the applications for participation in the pilot program are insufficient to 29 meet the requirements under (e) of this section, the department may select four school 30 districts from those that apply, taking into consideration geographical diversity. 31 (n) Beginning with the 2025-2026 school year, the department may distribute
01 incentive payments to school districts that use curricula reviewed and approved by the 02 board under AS 14.07.165(c). The department may provide incentive payments, 03 subject to appropriation, to school districts based on the readiness and capacity of the 04 school district as determined by the department. 05 (o) In this section, 06 (1) "rural" has the meaning given in AS 14.43.700; 07 (2) "school district" has the meaning given in AS 14.30.350; 08 (3) "school district's ADM" has the meaning given to "district ADM" 09 in AS 14.17.990; 10 (4) "urban" means a community other than a community described in 11 AS 14.43.700; 12 (5) "virtual education" means instruction delivered through 13 telecommunications or other digital or electronic methods. 14 Sec. 14.07.182. Curriculum improvement and best practices fund. (a) The 15 curriculum improvement and best practices fund is established. The fund consists of 16 appropriations, not to exceed $19,500,000, for distribution to school districts. 17 (b) Money appropriated to the fund may be expended by the department as 18 provided under AS 14.07.180, without further appropriation. 19 (c) Nothing in this section creates a dedicated fund. 20 (d) Appropriations to the fund do not lapse. 21 * Sec. 4. 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 at least once every 10 years, including textbooks and 07 curriculum materials for statewide correspondence programs, before they are 08 introduced into the school curriculum; the review includes a review for violations of 09 AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 10 the parent or guardian of a correspondence study student, from privately obtaining or 11 using textbooks or 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; 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 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 23 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 24 paragraph must include a training schedule that ensures that not less than 50 percent of 25 the total certificated staff employed by the district receive all of the training not less 26 than every two years and that all of the certificated staff employed by the district 27 receive all of the training not less than every four years. 28 * Sec. 5. AS 14.14.090 is amended to read: 29 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 30 board shall 31 (1) determine and disburse the total amount to be made available for
01 compensation of all school employees and administrative officers; 02 (2) provide for, during the school term of each year, an educational 03 program for each school age child who is enrolled in or a resident of the district; 04 (3) withhold the salary for the last month of service of a teacher or 05 administrator until the teacher or administrator has submitted all summaries, statistics, 06 and reports that the school board may require by bylaws; 07 (4) transmit, when required by the assembly or council but not more 08 often than once a month, a summary report and statement of money expended; 09 (5) keep the minutes of meetings and a record of all proceedings of the 10 school board in a pertinent form; 11 (6) keep the records and files of the school board open to inspection by 12 the public at the principal administrative office of the district during reasonable 13 business hours; 14 (7) establish procedures for the review and selection of all textbooks 15 and instructional materials at least once every 10 years, including textbooks and 16 curriculum materials for statewide correspondence programs, before they are 17 introduced into the school curriculum; the review includes a review for violations of 18 AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 19 the parent or guardian of a correspondence study student, from privately obtaining or 20 using textbooks or curriculum material not provided by the school district; 21 (8) provide prospective employees with information relating to the 22 availability and cost of housing in rural areas to which they might be assigned, and, 23 when possible, assist them in locating housing; however, nothing in this paragraph 24 requires a school district to provide teacher housing, whether district owned, leased, 25 rented, or through other means, nor does it require a school board to engage in a 26 subsidy program of any kind regarding teacher housing; 27 (9) train persons required to report under AS 47.17.020, in the 28 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 29 (10) provide for the development and implementation of a preventive 30 maintenance program for school facilities; in this paragraph, "preventive maintenance" 31 means scheduled maintenance actions that prevent the premature failure or extend the
01 useful life of a facility, or a facility's systems and components, and that are cost- 02 effective on a life-cycle basis; 03 (11) establish procedures for providing the training under 04 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 05 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 06 paragraph must include a training schedule that ensures that not less than 50 percent of 07 the total certificated staff employed by the district receive all of the training not less 08 than every two years and that all of the certificated staff employed by the district 09 receive all of the training not less than every four years. 10 * Sec. 6. AS 14.16.020 is amended to read: 11 Sec. 14.16.020. Operation of state boarding schools. In the management of 12 state boarding schools, the board shall 13 (1) adopt a philosophy of education for state boarding schools; 14 (2) approve the employment of personnel necessary to operate state 15 boarding schools; 16 (3) establish the salaries and benefits to be paid teachers, excluding 17 administrators; 18 (4) designate the employees authorized to direct disbursements from 19 the money appropriated for the operation of state boarding schools and for the 20 construction of facilities; 21 (5) provide custodial services and routine maintenance of physical 22 facilities; 23 (6) establish procedures for the development and implementation of 24 curriculum and the selection and use of textbooks and instructional materials; the 25 procedures must require a review of textbooks and instructional materials at 26 least once every 10 years; 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 AS 14.18.060, 31 AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, AS 14.33.100,
01 AS 18.66.310, and AS 47.17.022; the procedures established under this paragraph 02 must include a training schedule that ensures that not less than 50 percent of the total 03 certificated staff employed by the district receive all of the training not less than every 04 two years and that all of the certificated staff employed by the district receive all of the 05 training not less than every four years. 06 * Sec. 7. AS 14.30.285 is amended by adding a new subsection to read: 07 (h) The department shall make available to school districts an electronic 08 system for managing student information and tracking records relating to 09 individualized education programs for children with disabilities. The system must, to 10 the extent permitted by federal law, allow school districts to transfer special education 11 records for a student when the student transfers to a different school district. If the 12 governing body of a school district elects to use the system selected by the department, 13 the department shall provide the school district with the system, including any 14 software necessary to implement the system, at no charge to the school district. The 15 department may not require a school district to use the system selected by the 16 department. 17 * Sec. 8. AS 14.07.180(e), 14.07.180(f), 14.07.180(g), 14.07.180(h), 14.07.180(j), 18 14.07.180(l), and 14.07.180(m) are repealed July 1, 2025. 19 * Sec. 9. 4 AAC 05.080(e) is annulled.