Enrolled SB 104: 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; relating to a system for managing student information and records related to individualized education programs for children with disabilities; establishing the marijuana education and treatment fund; and relating to the duties of the Department of Health and Social Services to administer a comprehensive marijuana use education and treatment program.
00Enrolled SB 104 01 Relating to the duties of the Department of Education and Early Development; relating to the 02 duties of the state Board of Education and Early Development; relating to school curricula; 03 relating to a system for managing student information and records related to individualized 04 education programs for children with disabilities; establishing the marijuana education and 05 treatment fund; and relating to the duties of the Department of Health and Social Services to 06 administer a comprehensive marijuana use education and treatment program. 07 _______________ 08 * Section 1. AS 14.07.030 is amended by adding a new subsection to read: 09 (b) The department may not require a school district to review textbooks, 10 instructional materials, or curricula more frequently than once every 10 years. 11 * Sec. 2. AS 14.07.165 is amended by adding a new subsection to read: 12 (c) Every five years, the board shall review the mathematics and English and
01 language arts curricula used in the state to ensure the curricula are still effective and 02 are being taught using best practices. 03 * Sec. 3. AS 14.07 is amended by adding new sections to read: 04 Sec. 14.07.180. Curricula approval and review; pilot program; incentives. 05 (a) Notwithstanding any other provision of law, the board shall establish standards and 06 a procedure for the review, ranking, and approval of mathematics and English and 07 language arts curricula for school districts to use in each grade level as provided in this 08 section. The board may include curricula delivered through virtual education in the 09 standards and procedure established under this subsection. 10 (b) The department, in consultation with school districts, shall review 11 mathematics and English and language arts curricula used in schools in the state and in 12 other states and countries and may include in the review curricula delivered through 13 virtual education. Not later than July 1, 2019, the department shall identify the best 14 mathematics and English and language arts curricula and the best teaching practices 15 for each of the curricula. The department may identify the best mathematics and 16 English and language arts curricula delivered through virtual education. 17 (c) The department shall submit the curricula and teaching practices that the 18 department identifies as the best under (b) of this section to the board for approval, 19 including evidence supporting the department's selection, if the department concludes 20 that the curricula and best practices 21 (1) are appropriate; 22 (2) are in compliance with the nondiscrimination standards established 23 under AS 14.18.060(b); 24 (3) are aligned with state education standards; and 25 (4) result in improved academic achievement for students. 26 (d) The board may approve curricula submitted under (c) of this section if the 27 curricula are consistent with the standards established by the board under (a) of this 28 section. The department shall place the curricula approved by the board into two 29 categories as follows: 30 (1) incentivized curricula for the best curricula for each subject, based 31 on evidence provided to the department; the department may place not more than two
01 curricula in this category for each subject; 02 (2) designated effective curricula for the curricula for each subject that 03 are not incentivized curricula but that the department finds appropriate and effective 04 based on factual and other evidence provided to the department. 05 (e) A three-year pilot program is established in the department, starting in the 06 2019-2020 school year, to test the appropriateness and effectiveness of the 07 incentivized curricula approved under (d) of this section. In conducting the program, 08 the department shall 09 (1) establish an application process for school districts to apply for 10 participation in the program; 11 (2) select four school districts from those that apply to participate in 12 the program, including two rural and two urban school districts, basing the selection of 13 the school districts on the readiness and capacity of each district; 14 (3) assign to each participating school district the incentivized 15 mathematics curriculum or the incentivized English and language arts curriculum; the 16 department shall assign the mathematics curriculum to one rural and one urban school 17 district and the English and language arts curriculum to one rural and one urban school 18 district; 19 (4) starting in the 2019-2020 school year, distribute incentive 20 payments, not to exceed $10,000,000 in total, to the four school districts to assist with 21 the purchase and implementation of the curricula, including best teaching practices 22 and professional development, and purchase of instructional materials. 23 (f) At the completion of the pilot program under (e) of this section, the 24 department shall 25 (1) if the department finds that the incentivized curricula tested in the 26 pilot program are appropriate and effective, submit the findings to the board; and 27 (2) if the board finds that the curricula tested in the pilot program are 28 appropriate and effective, make the curricula and one-time incentive payments under 29 (g) of this section available to all school districts starting in the 2022-2023 school year 30 and ending in the 2024-2025 school year. 31 (g) The department may distribute an incentive payment available to a school
01 district in an amount that is not more than the school district's ADM multiplied by 02 150, subject to availability of funding, if the governing body of the school district 03 (1) selects one of the incentivized curricula for implementation in the 04 school district in an eligible school year under (f)(2) of this section; 05 (2) requests an incentive payment from the department; 06 (3) has not previously implemented the incentivized curricula; and 07 (4) demonstrates to the satisfaction of the department the readiness and 08 capacity of the school district to implement the curricula. 09 (h) In addition to any unexpended money under (e)(4) of this section, the 10 department may distribute not more than $9,500,000 in incentive payments under (f) 11 and (g) of this section. 12 (i) The department shall publish on the department's Internet website and 13 make available to the public 14 (1) all curricula used by school districts in the state for all subjects, 15 whether or not the curricula are approved; and 16 (2) the curricula approved under (d) of this section. 17 (j) The department shall submit an electronic report to the legislature and 18 make the report available to the public on the department's Internet website. The report 19 must provide information on the pilot program and the curricula that each school 20 district has adopted. On or before January 15, 2019, and each year thereafter, the 21 department shall submit the report required under this subsection to the senate 22 secretary and the chief clerk of the house of representatives and notify the legislature 23 that the report is available. 24 (k) Each school district shall submit to the department the relevant 25 information needed for the department to carry out its duties under this section. 26 (l) Payments for curricula implementation under the pilot program described 27 in (e) of this section and incentive payments under (f) and (g) of this section are 28 subject to appropriation. If insufficient funding is available to distribute payments to 29 all school districts that request funding in a year under (g) of this section, the 30 department may distribute payments to the remaining school districts the following 31 school year.
01 (m) If the applications for participation in the pilot program are insufficient to 02 meet the requirements under (e) of this section, the department may select four school 03 districts from those that apply, taking into consideration geographical diversity. 04 (n) Beginning with the 2025-2026 school year, the department may distribute 05 incentive payments to school districts that use curricula reviewed and approved by the 06 board under AS 14.07.165(c). The department may provide incentive payments, 07 subject to appropriation, to school districts based on the readiness and capacity of the 08 school district as determined by the department. 09 (o) In this section, 10 (1) "rural" has the meaning given in AS 14.43.700; 11 (2) "school district" has the meaning given in AS 14.30.350; 12 (3) "school district's ADM" has the meaning given to "district ADM" 13 in AS 14.17.990; 14 (4) "urban" means a community other than a community described in 15 AS 14.43.700; 16 (5) "virtual education" means instruction delivered through 17 telecommunications or other digital or electronic methods. 18 Sec. 14.07.182. Curriculum improvement and best practices fund. (a) The 19 curriculum improvement and best practices fund is established. The fund consists of 20 appropriations, not to exceed $19,500,000, for distribution to school districts. 21 (b) Money appropriated to the fund may be expended by the department as 22 provided under AS 14.07.180, without further appropriation. 23 (c) Nothing in this section creates a dedicated fund. 24 (d) Appropriations to the fund do not lapse. 25 * Sec. 4. AS 14.08.111 is amended to read: 26 Sec. 14.08.111. Duties. A regional school board shall 27 (1) provide, during the school term of each year, an educational 28 program for each school age child who is enrolled in or a resident of the district; 29 (2) develop a philosophy of education, principles, and goals for its 30 schools; 31 (3) approve the employment of the professional administrators,
01 teachers, and noncertificated personnel necessary to operate its schools; 02 (4) establish the salaries to be paid its employees; 03 (5) designate the employees authorized to direct disbursements from 04 the school funds of the board; 05 (6) submit the reports prescribed for all school districts; 06 (7) provide for an annual audit in accordance with AS 14.14.050; 07 (8) provide custodial services and routine maintenance of school 08 buildings and facilities; 09 (9) establish procedures for the review and selection of all textbooks 10 and instructional materials at least once every 10 years, including textbooks and 11 curriculum materials for statewide correspondence programs, before they are 12 introduced into the school curriculum; the review includes a review for violations of 13 AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 14 the parent or guardian of a correspondence study student, from privately obtaining or 15 using textbooks or curriculum material not provided by the school district; 16 (10) provide prospective employees with information relating to the 17 availability and cost of housing in rural areas to which they might be assigned, and, 18 when possible, assist them in locating housing; however, nothing in this paragraph 19 requires a regional school board to provide teacher housing, whether owned, leased, or 20 rented or otherwise provided by the regional educational attendance area, nor does it 21 require the board to engage in a subsidy program of any kind with respect to teacher 22 housing; 23 (11) train persons required to report under AS 47.17.020, in the 24 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; and 25 (12) establish procedures for providing the training under 26 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 27 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 28 paragraph must include a training schedule that ensures that not less than 50 percent of 29 the total certificated staff employed by the district receive all of the training not less 30 than every two years and that all of the certificated staff employed by the district 31 receive all of the training not less than every four years.
01 * Sec. 5. AS 14.14.090 is amended to read: 02 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 03 board shall 04 (1) determine and disburse the total amount to be made available for 05 compensation of all school employees and administrative officers; 06 (2) provide for, during the school term of each year, an educational 07 program for each school age child who is enrolled in or a resident of the district; 08 (3) withhold the salary for the last month of service of a teacher or 09 administrator until the teacher or administrator has submitted all summaries, statistics, 10 and reports that the school board may require by bylaws; 11 (4) transmit, when required by the assembly or council but not more 12 often than once a month, a summary report and statement of money expended; 13 (5) keep the minutes of meetings and a record of all proceedings of the 14 school board in a pertinent form; 15 (6) keep the records and files of the school board open to inspection by 16 the public at the principal administrative office of the district during reasonable 17 business hours; 18 (7) establish procedures for the review and selection of all textbooks 19 and instructional materials at least once every 10 years, including textbooks and 20 curriculum materials for statewide correspondence programs, before they are 21 introduced into the school curriculum; the review includes a review for violations of 22 AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 23 the parent or guardian of a correspondence study student, from privately obtaining or 24 using textbooks or curriculum material not provided by the school district; 25 (8) provide prospective employees with information relating to the 26 availability and cost of housing in rural areas to which they might be assigned, and, 27 when possible, assist them in locating housing; however, nothing in this paragraph 28 requires a school district to provide teacher housing, whether district owned, leased, 29 rented, or through other means, nor does it require a school board to engage in a 30 subsidy program of any kind regarding teacher housing; 31 (9) train persons required to report under AS 47.17.020, in the
01 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 02 (10) provide for the development and implementation of a preventive 03 maintenance program for school facilities; in this paragraph, "preventive maintenance" 04 means scheduled maintenance actions that prevent the premature failure or extend the 05 useful life of a facility, or a facility's systems and components, and that are cost- 06 effective on a life-cycle basis; 07 (11) establish procedures for providing the training under 08 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 09 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 10 paragraph must include a training schedule that ensures that not less than 50 percent of 11 the total certificated staff employed by the district receive all of the training not less 12 than every two years and that all of the certificated staff employed by the district 13 receive all of the training not less than every four years. 14 * Sec. 6. AS 14.16.020 is amended to read: 15 Sec. 14.16.020. Operation of state boarding schools. In the management of 16 state boarding schools, the board shall 17 (1) adopt a philosophy of education for state boarding schools; 18 (2) approve the employment of personnel necessary to operate state 19 boarding schools; 20 (3) establish the salaries and benefits to be paid teachers, excluding 21 administrators; 22 (4) designate the employees authorized to direct disbursements from 23 the money appropriated for the operation of state boarding schools and for the 24 construction of facilities; 25 (5) provide custodial services and routine maintenance of physical 26 facilities; 27 (6) establish procedures for the development and implementation of 28 curriculum and the selection and use of textbooks and instructional materials; the 29 procedures must require a review of textbooks and instructional materials at 30 least once every 10 years; 31 (7) prescribe health evaluation and placement screening programs for
01 newly admitted students; 02 (8) establish procedures for staff evaluation; and 03 (9) establish procedures for providing the training under AS 14.18.060, 04 AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, AS 14.33.100, 05 AS 18.66.310, and AS 47.17.022; the procedures established under this paragraph 06 must include a training schedule that ensures that not less than 50 percent of the total 07 certificated staff employed by the district receive all of the training not less than every 08 two years and that all of the certificated staff employed by the district receive all of the 09 training not less than every four years. 10 * Sec. 7. AS 14.30.285 is amended by adding a new subsection to read: 11 (h) The department shall make available to school districts an electronic 12 system for managing student information and tracking records relating to 13 individualized education programs for children with disabilities. The system must, to 14 the extent permitted by federal law, allow school districts to transfer special education 15 records for a student when the student transfers to a different school district. If the 16 governing body of a school district elects to use the system selected by the department, 17 the department shall provide the school district with the system, including any 18 software necessary to implement the system, at no charge to the school district. The 19 department may not require a school district to use the system selected by the 20 department. 21 * Sec. 8. AS 43.61.010(d) is amended to read: 22 (d) The legislature may use the annual estimated balance in the recidivism 23 reduction fund to make appropriations to the Department of Corrections, the 24 Department of Health and Social Services, or the Department of Public Safety for 25 recidivism reduction programs. 26 * Sec. 9. AS 43.61.010 is amended by adding a new subsection to read: 27 (f) The marijuana education and treatment fund is established in the general 28 fund. In addition to the accounting under (c) of this section, the Department of 29 Administration shall separately account for 25 percent of the tax collected under this 30 section and deposit it into the marijuana education and treatment fund. The 31 Department of Administration shall deposit interest earned on the fund into the general
01 fund. Money in the fund does not lapse. The legislature may use the annual estimated 02 balance in the fund to make appropriations to the Department of Health and Social 03 Services for the comprehensive marijuana use education and treatment program 04 established under AS 44.29.020(a)(17). 05 * Sec. 10. AS 44.29.020(a) is amended to read: 06 (a) The Department of Health and Social Services shall administer the state 07 programs of public health and social services, including 08 (1) maternal and child health services; 09 (2) preventive medical services; 10 (3) public health nursing services; 11 (4) nutrition services; 12 (5) health education; 13 (6) laboratories; 14 (7) mental health treatment and diagnosis; 15 (8) management of state institutions, except for adult penal institutions; 16 (9) medical facilities; 17 (10) adult public assistance; 18 (11) the Alaska temporary assistance program; 19 (12) child welfare services; 20 (13) general relief; 21 (14) a comprehensive smoking education, tobacco use prevention, and 22 tobacco control program; to the maximum extent possible, the department shall 23 administer the program required under this paragraph by grant to or contract with one 24 or more organizations in the state; the department's program must include 25 (A) a community-based tobacco use prevention and cessation 26 component addressing the needs of youth and adults that includes use of 27 cessation aids such as a nicotine patch or a nicotine gum tobacco substitute; 28 (B) youth-based efforts that involve youth in the design and 29 implementation of tobacco control efforts; 30 (C) anti-tobacco counter-marketing targeting both youth and 31 adult populations designed to communicate messages to help prevent youth
01 initiation of tobacco use, promote cessation among tobacco users, and educate 02 the public about the lethal effects of exposure to secondhand smoke; 03 (D) tobacco use surveys of youth and adult populations 04 concerning knowledge, awareness, attitude, and use of tobacco products; and 05 (E) an enforcement component; 06 (15) the Alaska Pioneers' Home and the Alaska Veterans' Home; 07 (16) licensure and regulation of child care facilities; 08 (17) a comprehensive marijuana use education and treatment 09 program; to the extent possible, the department shall administer the program 10 required under this paragraph by grant to or contract with one or more 11 organizations in the state; the department's program must include 12 (A) a community-based marijuana misuse prevention 13 component; the community-based component must provide for a youth 14 services grant program to 15 (i) reduce initiation and promote cessation of 16 marijuana use by youth, reduce youth access to marijuana 17 products, and reduce exposure of youth to impaired driving 18 dangers related to marijuana use; 19 (ii) provide recreational, educational, and character- 20 building programs for youth outside school hours; and 21 (iii) address marijuana use prevention through 22 outcome-based curricula, adult and peer mentoring, and 23 opportunities for positive, prosocial leisure and recreational 24 activities; 25 (B) marijuana public education designed to communicate 26 messages to help prevent youth initiation of marijuana use, educate the 27 public about the effects of marijuana use, and educate the public about 28 marijuana laws; 29 (C) surveys of 30 (i) youth and adult populations concerning 31 knowledge, awareness, attitude, and use of marijuana products;
01 (ii) the need for trained professionals working in 02 organizations described in this paragraph; 03 (D) the development of plans to address the need for 04 trained professionals and to assist in implementing a training program for 05 those professionals; 06 (E) monitoring of population health status related to the 07 consequences of marijuana use; and 08 (F) substance abuse screening, brief intervention, and 09 referral to treatment. 10 * Sec. 11. AS 14.07.180(e), 14.07.180(f), 14.07.180(g), 14.07.180(h), 14.07.180(j), 11 14.07.180(l), and 14.07.180(m) are repealed July 1, 2025. 12 * Sec. 12. 4 AAC 05.080(e) is annulled.