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SB 136: "An Act providing for the establishment of public schools through state-tribal compacts."

00                             SENATE BILL NO. 136                                                                         
01 "An Act providing for the establishment of public schools through state-tribal                                          
02 compacts."                                                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 14.07.165(a) is amended to read:                                                                   
05            (a)  The board shall adopt                                                                                   
06                 (1)  statewide goals and require each governing body to adopt written                                   
07       goals that are consistent with local needs;                                                                       
08                 (2)  regulations regarding the application for and award of grants under                                
09       AS 14.03.125;                                                                                                     
10                 (3)  regulations implementing provisions of AS 14.11.014(b);                                            
11                 (4)  regulations requiring approval by the board before a charter school,                               
12       state boarding school, state-tribal education compact school, or a public school may                          
13       provide domiciliary services;                                                                                     
14                 (5)  [REPEALED]                                                                                         
01    * Sec. 2. AS 14.16 is amended by adding new sections to read:                                                      
02               Article 3. State-Tribal Education Compact Schools.                                                      
03 Sec. 14.16.300. State-tribal education compacts. (a) The commissioner may                                             
04 enter into compacts with federally recognized tribes in the state for the establishment                                 
05 of state-tribal education compact schools. The commissioner shall prescribe an                                          
06 application procedure for the approval of compacts consistent with AS 14.16.300 -                                       
07       14.16.340.                                                                                                        
08            (b)  To initiate the application procedure described in (a) of this section, a                               
09       governing body of a federally recognized tribe in the state must submit to the                                    
10 commissioner a resolution and an application in a form approved by the commissioner                                     
11       that                                                                                                              
12 (1)  indicates the grade or grades from kindergarten through grade 12                                                   
13       that the school will offer; and                                                                                   
14 (2)  demonstrates that operation of the school will comply with all                                                     
15 applicable laws and regulations and the terms and conditions prescribed by the                                          
16       commissioner.                                                                                                     
17 (c)  Within 90 days after receiving a resolution and application described in (b)                                       
18 of this section, the commissioner shall convene a meeting with the governing body of                                    
19 the applicant tribe for the purpose of considering the resolution and application and                                   
20       initiating negotiations.                                                                                          
21 (d)  A compact entered into under this section must include provisions relating                                         
22       to                                                                                                                
23                 (1)  compliance;                                                                                        
24                 (2)  notices of violation;                                                                              
25 (3)  dispute resolution, which may include nonjudicial processes such                                                   
26       as mediation;                                                                                                     
27                 (4)  recordkeeping and auditing;                                                                        
28                 (5)  the delineation of roles and responsibilities;                                                     
29                 (6)  the term of the compact and whether the compact is renewable; and                                  
30                 (7)  termination of the compact.                                                                        
31 Sec. 14.16.310. Applicability of education laws. A state-tribal education                                             
01       compact school is a public school of the state. The following provisions apply with                               
02       respect to the operation and management of a state-tribal education compact school as                             
03       if the school were a school district:                                                                             
04                 (1)  requirements relating to school district operations:                                               
05                      (A)  AS 14.03.030 - 14.03.050 (defining the school term, day in                                    
06            session, and school holidays);                                                                               
07                      (B)  AS 14.03.083 - 14.03.140 (miscellaneous provisions                                            
08            applicable to school district operations);                                                                   
09                      (C)  regulations adopted by the board under authority of                                           
10 AS 14.07.020(a) that are applicable to school districts and their schools, unless                                       
11 the board specifically exempts state-tribal education compact schools from                                              
12            compliance with a regulation;                                                                                
13 (D)  AS 14.12.150 (authorizing school districts to establish and                                                        
14            participate in the services of a regional resource center);                                                  
15 (E)  AS 14.14.050 (imposing the requirement of an annual                                                                
16            audit);                                                                                                      
17 (F)  AS 14.14.110 (authorizing cooperation with other school                                                            
18            districts);                                                                                                  
19 (G)  AS 14.14.140(b) (establishing a prohibition on                                                                     
20            employment of a relative of the chief school administrator);                                                 
21 (H)  AS 14.18 (prohibiting discrimination based on sex or race                                                          
22            in public education);                                                                                        
23 (2)  requirements relating to the public school funding program and the                                                 
24       receipt and expenditure of that funding:                                                                          
25                      (A)  AS 14.17.500 (relating to student count estimates);                                           
26                      (B)  AS 14.17.505 (relating to school operating fund balances);                                    
27 (C)  AS 14.17.600 - 14.17.910 (setting out the procedure for                                                            
28 payment of public school funding and imposing general requirements and                                                  
29            limits on money paid);                                                                                       
30                 (3)  requirements relating to teacher employment and retirement:                                        
31                      (A)  AS 14.14.105 and 14.14.107 (relating to sick leave);                                          
01                      (B)  AS 14.20.095 - 14.20.215 (relating to the employment and                                      
02            tenure of teachers);                                                                                         
03                      (C)  AS 14.20.220 (relating to the salaries of teachers                                            
04            employed);                                                                                                   
05                      (D)  AS 14.20.280 - 14.20.350 (relating to sabbatical leave                                        
06            provisions for teachers);                                                                                    
07 (E)  AS 23.40.070 - 23.40.260 (authorizing collective                                                                   
08 bargaining by certificated employees), except with regard to teachers who are                                           
09 administrators and except that the board may delegate some or all of its                                                
10            responsibilities under those statutes;                                                                       
11 (F)  AS 14.25 (provisions regarding the teachers' retirement                                                            
12            system);                                                                                                     
13                 (4)  requirements relating to students and educational programs:                                        
14 (A)  AS 14.30.180 - 14.30.350 (relating to educational services                                                         
15            for children with disabilities);                                                                             
16 (B)  AS 14.30.360 - 14.30.370 (establishing health education                                                            
17            program standards);                                                                                          
18 (C)  AS 14.30.400 - 14.30.410 (relating to bilingual and                                                                
19            bicultural education).                                                                                       
20 Sec. 14.16.320. Admission. (a) A state-tribal education compact school may                                            
21 not charge tuition, except to the extent that a school district may charge tuition with                                 
22 respect to a person over school age under AS 14.03.080(b), but may charge fees for                                      
23       participation in optional extracurricular activities.                                                             
24 (b)  A state-tribal education compact school may not limit admission on a basis                                         
25 other than age group, grade level, or capacity and shall otherwise enroll all eligible                                  
26 students who submit a timely application. If capacity is insufficient to enroll all                                     
27 eligible students who submit a timely application, a state-tribal education compact                                     
28 school may prioritize the enrollment of members of the tribe party to the compact and                                   
29       siblings of students already enrolled in the school.                                                              
30 Sec. 14.16.330. Financial provisions applicable to a state-tribal education                                           
31 compact school. (a) AS 14.17.445 applies to the calculation of public school funding                                  
01       payable for operation of a state-tribal education compact school.                                                 
02            (b)  In the transmittals required by AS 37.07.060 and 37.07.062, the governor                                
03       shall request amounts for the expenses of construction, rehabilitation, and                                       
04       improvement of the facilities of a state-tribal education compact school.                                         
05            (c)  Unless specified otherwise in any appropriation bill, AS 37.25.010 does                                 
06       not apply to an appropriation made for the purposes of (a) of this section.                                       
07            (d)  AS 37.25.020 applies to money appropriated for the purposes of (b) of this                              
08       section.                                                                                                          
09            (e)  For purposes of application for and receipt of federal aid to education, a                              
10       state-tribal education compact school constitutes a local educational agency.                                     
11 Sec. 14.16.340. Employment. (a) The employees of a state-tribal education                                             
12       compact school are state employees.                                                                               
13 (b)  A state-tribal education compact school may adopt a policy that gives                                              
14       employment preference to members of federally recognized tribes.                                                  
15    * Sec. 3. AS 14.17.300(a) is amended to read:                                                                      
16 (a)  The public education fund is established. The fund consists of                                                     
17       appropriations for                                                                                                
18 (1)  distribution to school districts, to the state boarding school, to a                                           
19 state-tribal education compact school, and for centralized correspondence study                                     
20       under this chapter; and                                                                                           
21                 (2)  transportation of pupils under AS 14.09.010.                                                       
22    * Sec. 4. AS 14.17.400(b) is amended to read:                                                                      
23 (b)  If the amount appropriated to the public education fund for purposes of                                            
24 this chapter is insufficient to meet the amounts authorized under (a) of this section for                               
25 a fiscal year, the department shall reduce pro rata each district's basic need by the                                   
26 necessary percentage as determined by the department. If the basic need of each                                         
27 district is reduced under this subsection, the department shall also reduce state funding                               
28 for centralized correspondence study, [AND] the state boarding school, and state-                               
29       tribal education compact schools by the same percentage.                                                      
30    * Sec. 5. AS 14.17 is amended by adding a new section to read:                                                     
31 Sec. 14.17.445. State funding for state-tribal education compact schools.                                             
01       (a) Except as provided in AS 14.17.400(b), funding for state-tribal education compact                             
02       schools established under AS 14.16.300 includes an allocation from the public                                     
03       education fund in an amount calculated by                                                                         
04                 (1)  determining the ADM of state-tribal education compact schools by                                   
05       applying the school size factor to the student count as described in AS 14.17.450;                                
06 (2)  multiplying the number obtained under (1) of this subsection by the                                                
07 special needs factor in AS 14.17.420(a)(1) and the secondary school vocational and                                      
08 technical instruction funding factor set out in AS 14.17.420(a)(3) and multiplying that                                 
09       product by the base student allocation; and                                                                       
10 (3)  multiplying the product determined under (2) of this subsection by                                                 
11 the district cost factor that is applicable to calculation of the state aid for the adjacent                            
12       school district under AS 14.17.460.                                                                               
13 (b)  In addition to the funding calculated under (a) of this section, state-tribal                                      
14 education compact schools are eligible for intensive services funding under                                             
15       AS 14.17.420(a)(2).                                                                                               
16    * Sec. 6. AS 14.18.110 is amended by adding a new subsection to read:                                              
17 (b)  Nothing in this chapter prohibits state-tribal education compact schools                                           
18 established under AS 14.16.300 from prioritizing the employment of members of                                           
19 federally recognized tribes or the admission of members of the tribe party to the                                       
20 compact if capacity is insufficient to enroll all eligible students who submit a timely                                 
21       application.                                                                                                      
22    * Sec. 7. AS 14.30.010(b) is amended to read:                                                                      
23            (b)  This section does not apply if a child                                                                  
24 (1)  is provided an academic education comparable to that offered by                                                    
25       the public schools in the area, either by                                                                         
26 (A)  attendance at a private school in which the teachers are                                                           
27            certificated according to AS 14.20.020;                                                                      
28 (B)  tutoring by personnel certificated according to                                                                    
29            AS 14.20.020; or                                                                                             
30 (C)  attendance at an educational program operated in                                                                   
31 compliance with AS 14.45.100 - 14.45.200 by a religious or other private                                                
01            school;                                                                                                      
02                 (2)  attends a school operated by the federal government;                                               
03                 (3)  has a physical or mental condition that a competent medical                                        
04       authority determines will make attendance impractical;                                                            
05                 (4)  is in the custody of a court or law enforcement authorities;                                       
06                 (5)  is temporarily ill or injured;                                                                     
07                 (6)  has been suspended or expelled under AS 14.03.160 or suspended                                     
08       or denied admittance under AS 14.30.045;                                                                          
09                 (7)  resides more than two miles from either a public school or a route                                 
10 on which transportation is provided by the school authorities, except that this                                         
11 paragraph does not apply if the child resides within two miles of a federal or private                                  
12       school that the child is eligible and able to attend;                                                             
13 (8)  is excused by action of the school board of the district at a regular                                              
14 meeting or by the district superintendent subject to approval by the school board of the                                
15       district at the next regular meeting;                                                                             
16                 (9)  has completed the 12th grade;                                                                      
17                 (10)  is enrolled in                                                                                    
18 (A)  a state boarding school established under AS 14.16.010;                                                        
19            [AS 14.16; OR]                                                                                               
20 (B)  a full-time program of correspondence study approved by                                                            
21 the department; in those school districts providing an approved correspondence                                          
22 study program, a student may be enrolled either in the district correspondence                                          
23            program or in the centralized correspondence study program; or                                           
24 (C)  a state-tribal education compact school established                                                            
25            under AS 14.16.300;                                                                                      
26 (11)  is equally well-served by an educational experience approved by                                                   
27 the school board as serving the child's educational interests despite an absence from                                   
28 school, and the request for excuse is made in writing by the child's parents or guardian                                
29       and approved by the principal or administrator of the school that the child attends;                              
30 (12)  is being educated in the child's home by a parent or legal                                                        
31       guardian.                                                                                                         
01    * Sec. 8. AS 14.30.186(a) is amended to read:                                                                      
02            (a)  Special education and related services shall be provided by                                             
03                 (1)  a borough or city school district for a child with a disability                                    
04       residing within the district;                                                                                     
05 (2)  the board of a regional educational attendance area operating a                                                    
06 school in the area for a child with a disability residing in the area served by the school;                             
07 (3)  the borough, city school district, or regional educational attendance                                              
08 area in which a treatment facility or a correctional or youth detention facility is located                             
09       for a child with a disability placed at the facility;                                                             
10 (4)  a state boarding school established under AS 14.16.010 [AS 14.16]                                              
11       for a child with a disability enrolled at a state boarding school; [OR]                                           
12 (5)  a school district that provides a statewide correspondence study                                                   
13       program for a child with a disability who is enrolled in the program; or                                      
14 (6)  a state-tribal education compact school established under                                                      
15 AS 14.16.300 for a child with a disability enrolled at a state-tribal education                                     
16       compact school.                                                                                               
17    * Sec. 9. AS 14.30.350(8) is amended to read:                                                                      
18 (8)  "school district" means a borough school district, a city school                                                   
19 district, a regional educational attendance area, a state boarding school, a state-tribal                           
20       education compact school, and the state centralized correspondence study program;                             
21    * Sec. 10. AS 14.43.849(5) is amended to read:                                                                     
22 (5)  "school district" means a borough school district, a city school                                                   
23 district, a regional educational attendance area, a state-tribal education compact                                  
24       school, and a state boarding school.                                                                          
25    * Sec. 11. AS 14.43.915(f)(2) is amended to read:                                                                  
26 (2)  "district" has the meaning given in AS 14.17.990, but also includes                                                
27 a state boarding school under AS 14.16.010 and a state-tribal education compact                                     
28       school under AS 14.16.300 [AS 14.16].                                                                         
29    * Sec. 12. AS 21.96.070(g)(1) is amended to read:                                                                  
30 (1)  "school district" means a borough school district, a city school                                                   
31 district, a regional educational attendance area, a state-tribal education compact                                  
01       school, or a state boarding school;                                                                           
02    * Sec. 13. AS 23.40.200(c) is amended to read:                                                                     
03 (c)  The class in (a)(2) of this section is composed of public utility, snow                                            
04 removal, sanitation, and educational institution employees other than employees of a                                    
05 school district, a regional educational attendance area, a state-tribal education                                   
06 compact school, or a state boarding school. Employees in this class may engage in a                                 
07 strike after mediation, subject to the voting requirement of (d) of this section, for a                                 
08 limited time. The limit is determined by the interests of the health, safety, or welfare                                
09 of the public. The public employer or the labor relations agency may apply to the                                       
10 superior court in the judicial district in which the strike is occurring for an order                                   
11 enjoining the strike. A strike may not be enjoined unless it can be shown that it has                                   
12 begun to threaten the health, safety, or welfare of the public. A court, in deciding                                    
13 whether or not to enjoin the strike, shall consider the total equities in the particular                                
14 class. "Total equities" includes not only the effect of a strike on the public but also the                             
15 extent to which employee organizations and public employers have met their statutory                                    
16 obligations. If an impasse or deadlock still exists after the issuance of an injunction,                                
17 the parties shall submit to arbitration to be carried out under AS 09.43.030 or                                         
18       09.43.480 to the extent permitted by AS 09.43.010 and 09.43.300.                                                  
19    * Sec. 14. AS 23.40.200(g) is amended to read:                                                                     
20 (g)  Under the provisions of (d) of this section, if an impasse or deadlock is                                          
21 reached in collective bargaining negotiations between a municipal school district, a                                    
22 regional educational attendance area, a state-tribal education compact school, or a                                 
23       state boarding school and its employees,                                                                          
24 (1)  the parties shall submit to advisory arbitration before the                                                        
25       employees may vote to engage in a strike; the arbitrator shall                                                    
26 (A)  be a member of the American Arbitration Association,                                                               
27            Panel of Labor Arbitrators, or the Federal Mediation and Conciliation Service;                               
28 (B)  have knowledge of and recent experience in the local                                                               
29            conditions in the school district, regional educational attendance area, state-                          
30            tribal education compact school, or state boarding school; and                                           
31 (C)  be determined from a list containing at least five nominees                                                        
01            who meet the qualifications of this subsection; this list shall be considered a                              
02            complete list for the purpose of striking names and selecting the arbitrator;                                
03 (2)  if, under (1) of this subsection, advisory arbitration fails, a strike                                             
04 may not begin until at least 72 hours after notice of the strike is given to the other                                  
05 party; in any event, a strike may not begin on or after the first day of the school term,                               
06 as that term is described in AS 14.03.030, unless at least one day in session with                                      
07 students in attendance has passed after notice of the strike is given by the employees to                               
08       the other party.                                                                                                  
09    * Sec. 15. AS 39.35.160(c) is amended to read:                                                                     
10 (c)  An employee who has made an election under AS 39.35.300(c) or                                                      
11 39.35.310(c) to have the employee's years of service as a noncertificated employee of                                   
12 a state boarding school, of a state-tribal education compact school, of a school                                    
13 district or regional educational attendance area, of the special education service                                      
14 agency, or of the Alaska Vocational Technical Center determined by reference to                                         
15 AS 14.25.220 shall pay a contribution surcharge for that service. The amount of the                                     
16 surcharge is the difference between the amount the employer would have had to                                           
17 contribute under AS 39.35.255 - 39.35.290 for the employee when treating the                                            
18 employee's credited service as service earned under AS 39.35.300(c) or 39.35.310(c)                                     
19 less the amount the employer would have had to contribute under AS 39.35.255 -                                          
20 39.35.290 without treating the employee's credited service as service earned under                                      
21       AS 39.35.300(c) or 39.35.310(c).                                                                                  
22    * Sec. 16. AS 39.35.160(d) is amended to read:                                                                     
23 (d)  The employer of a member who is employed by a school district, a                                                   
24 regional educational attendance area, a state-tribal education compact school, or a                                 
25 state boarding school who is assaulted while on the job and who, as a result of a                                       
26 physical injury from the assault, is placed on unpaid leave of absence or is receiving                                  
27 benefits under AS 23.30, shall pay the member's contributions under this section while                                  
28 the member is, as a result of the on-the-job injury, on unpaid leave or receiving the                                   
29       benefits under AS 23.30.                                                                                          
30    * Sec. 17. AS 39.35.300(c) is amended to read:                                                                     
31 (c)  A noncertificated employee of the Alaska Vocational Technical Center, a                                        
01 state-tribal education compact school, or a state boarding school who first becomes                                 
02 a member of the plan on or after July 1, 1999, may, within 90 days after the employee                                   
03 first joins the plan, make an election under this subsection to have the years of service                               
04 that the employee earns as a noncertificated employee determined using the table for                                    
05 service on or after July 1, 1969, that is set out in the definition of "year of service" in                             
06 AS 14.25.220. A noncertificated employee of the Alaska Vocational Technical Center,                                 
07 a state-tribal education compact school, or a state boarding school who is an active                                
08 member of the plan on July 1, 1999, may, within 180 days after July 1, 1999, make the                                   
09 election. A member of the plan who is an inactive member on July 1, 1999, and who is                                    
10 later employed as a noncertificated employee of the Alaska Vocational Technical                                         
11 Center, a state-tribal education compact school, or a state boarding school may,                                    
12 within 90 days after beginning the subsequent employment, make the election. An                                         
13 election under this subsection is irrevocable except as provided in (d) of this section                                 
14 and shall be made in writing on a form provided by the administrator. The election                                      
15 applies to the employee's service earned for the school year in which the election is                                   
16 accepted by the administrator and applies to all subsequent employment as a                                             
17 noncertificated employee of a state boarding school, a state-tribal education                                       
18 compact school, a school district or regional educational attendance area, the special                              
19 education service agency, or the Alaska Vocational Technical Center. An employee                                        
20 who makes an election under this subsection shall pay the contribution surcharge as                                     
21       set out in AS 39.35.160(c).                                                                                       
22    * Sec. 18. AS 39.35.310(c) is amended to read:                                                                     
23 (c)  A noncertificated employee of a school district, a regional educational                                            
24 attendance area, or the special education service agency who first becomes a member                                     
25 of the plan on or after July 1, 1999, may, within 90 days after the employee first joins                                
26 the plan, make an election under this subsection to have the years of service that the                                  
27 employee earns as a noncertificated employee determined using the table for service                                     
28 on or after July 1, 1969, that is set out in the definition of "year of service" in                                     
29 AS 14.25.220. A noncertificated employee of a school district, a regional educational                                   
30 attendance area, or the special education service agency who is an active member of                                     
31 the plan on July 1, 1999, may, within 180 days after July 1, 1999, make the election. A                                 
01 member of the plan who is an inactive member on July 1, 1999, and who later is                                          
02 employed as a noncertificated employee of a school district, a regional educational                                     
03 attendance area, or the special education service agency may, within 90 days after                                      
04 beginning the subsequent employment, make the election. An election under this                                          
05 subsection is irrevocable except as provided in (d) of this section and shall be made in                                
06 writing on a form provided by the administrator. The election applies to the                                            
07 employee's service earned for the school year in which the election is accepted by the                                  
08 administrator and applies to all subsequent employment as a noncertificated employee                                    
09 of a state boarding school, a state-tribal education compact school, a school district                              
10 or regional educational attendance area, the special education service agency, or the                                   
11 Alaska Vocational Technical Center. An employee who makes an election under this                                        
12       subsection shall pay the contribution surcharge as set out in AS 39.35.160(c).                                    
13    * Sec. 19. AS 39.35.330(d) is amended to read:                                                                     
14 (d)  An employee of a school district, a regional educational attendance area, a                                    
15 state-tribal education compact school, or a state boarding school who is assaulted                                  
16 while on the job and who, as a result of a physical injury from the assault, is placed on                               
17 leave without pay, whether or not the employee receives workers' compensation                                           
18 benefits under AS 23.30 for the injury, is entitled to accrue credited service while the                                
19 employee, because of the injury, is on leave-without-pay status or is receiving the                                     
20 benefits under AS 23.30. Entitlement to credited service under this subsection ends                                     
21 when the employee is eligible to receive benefits under AS 39.35.370(a) or                                              
22       39.35.410(a).                                                                                                     
23    * Sec. 20. AS 43.20.014(g)(3) is amended to read:                                                                  
24 (3)  "school district" means a borough school district, a city school                                                   
25 district, a regional educational attendance area, a state-tribal education compact                                  
26       school, or a state boarding school;                                                                           
27    * Sec. 21. AS 47.07.063(d)(3) is amended to read:                                                                  
28 (3)  "school district" has the meaning given the term "district" in                                                     
29 AS 14.17.990, but includes a state boarding school established under AS 14.16.010                                       
30       and a state-tribal education compact school established under AS 14.16.300.                                   
31    * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to                         
01 read:                                                                                                                   
02 TRANSITION. (a) The Department of Education and Early Development and the state                                         
03 Board of Education and Early Development may adopt regulations necessary to implement                                   
04 the changes made by this Act. The regulations take effect under AS 44.62 (Administrative                                
05 Procedure Act), but a regulation may not take effect before the effective date of the relevant                          
06 provision of this Act implemented by the regulation.                                                                    
07 (b)  Not later than one year after the effective date of this Act, the commissioner of                                  
08 education and early development shall establish an application and approval process and                                 
09 timelines for the negotiation, approval or disapproval, and execution of state-tribal education                         
10 compacts.