Legislature(2021 - 2022)
2022-05-17 House Journal
Full Journal pdf2022-05-17 House Journal Page 3016 SB 32 The following, which was moved to the bottom of the calendar (page 2981), was before the House in second reading: CS FOR SENATE BILL NO. 32(FIN) "An Act establishing the Alaska middle college program for public school students; relating to the powers of the University of Alaska; and providing for an effective date." Amendment No. 1 was not offered. Amendment No. 2 was offered by Representative McCarty: 2022-05-17 House Journal Page 3017 Page 1, line 2, following "Alaska;" (title amendment): Insert "relating to technical education and apprenticeship; relating to awarding course credit for activities outside of school hours; relating to concurrent career and technical education programs for students enrolled in public secondary schools; relating to employment of children;" Representative McCarty moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. Representative Tuck moved and asked unanimous consent that Amendment No. 2 be tabled. There being no objection, it was so ordered. Amendment No. 3 was not offered. Amendment No. 4 was offered by Representatives Spohnholz, McCarty, and Fields: Page 1, following line 3: Insert new bill sections to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: SHORT TITLE. This Act may be known as the Alaska Apprenticeship Expansion Act. * Sec. 2. AS 14.07.020(a) is amended to read: (a) The department shall (1) exercise general supervision over the public schools of the state except the University of Alaska; (2) study the conditions and needs of the public schools of the state, adopt or recommend plans, administer and evaluate grants to improve school performance awarded under AS 14.03.125, and adopt regulations for the improvement of the public schools; the department may consult with the University of Alaska to develop secondary education requirements to improve student achievement in college preparatory courses; (3) provide advisory and consultative services to all public school governing bodies and personnel; 2022-05-17 House Journal Page 3018 (4) prescribe by regulation a minimum course of study for the public schools; the regulations must provide that, if a course in American Sign Language is given, the course shall be given credit as a course in a foreign language; (5) establish, in coordination with the Department of Health and Social Services, a program for the continuing education of children who are held in juvenile detention facilities or juvenile treatment facilities, as those terms are defined in AS 47.12.990, in the state during the period of detention or treatment; (6) accredit those public schools that meet accreditation standards prescribed by regulation by the department; these regulations shall be adopted by the department and presented to the legislature during the first 10 days of any regular session, and become effective 45 days after presentation or at the end of the session, whichever is earlier, unless disapproved by a resolution concurred in by a majority of the members of each house; (7) prescribe by regulation, after consultation with the state fire marshal and the state sanitarian, standards that will ensure healthful and safe conditions in the public and private schools of the state, including a requirement of physical examinations and immunizations in pre-elementary schools; the standards for private schools may not be more stringent than those for public schools; (8) exercise general supervision over pre-elementary schools that receive direct state or federal funding; (9) exercise general supervision over elementary and secondary correspondence study programs offered by municipal school districts or regional educational attendance areas; the department may also offer and make available to any Alaskan through a centralized office a correspondence study program; (10) accredit private schools that request accreditation and that meet accreditation standards prescribed by regulation by the department; nothing in this paragraph authorizes the department to require religious or other private schools to be licensed; (11) review plans for construction of new public elementary and secondary schools and for additions to and major rehabilitation of existing public elementary and secondary schools and, in accordance with regulations adopted by the department, 2022-05-17 House Journal Page 3019 determine and approve the extent of eligibility for state aid of a school construction or major maintenance project; for the purposes of this paragraph, "plans" include educational specifications, schematic designs, projected energy consumption and costs, and final contract documents; (12) provide educational opportunities in the areas of vocational education and training, and basic education to individuals over 16 years of age who are no longer attending school; the department may consult with businesses and labor unions to develop a program to prepare students for apprenticeships or internships that will lead to employment opportunities; (13) administer the grants awarded under AS 14.11; (14) establish, in coordination with the Department of Public Safety, a school bus driver training course; (15) require the reporting of information relating to school disciplinary and safety programs under AS 14.33.120 and of incidents of disruptive or violent behavior; (16) establish by regulation criteria, based on low student performance, under which the department may intervene in a school district to improve instructional practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include (A) a notice provision that alerts the district to the deficiencies and the instructional practice changes proposed by the department; (B) an end date for departmental intervention, as described in AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three consecutive years of improvement consisting of not less than two percent increases in student proficiency on standards-based assessments in language arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and (C) a process for districts to petition the department for continuing or discontinuing the department's intervention; (17) notify the legislative committees having jurisdiction over education before intervening in a school district under AS 14.07.030(a)(14) or redirecting public school funding under AS 14.07.030(a)(15); (18) using funds available for that purpose, collaborate with the Department of Labor and Workforce 2022-05-17 House Journal Page 3020 Development to provide financial and technical support to school districts creating, expanding, or operating concurrent career and technical education programs under AS 14.35.100 - 14.35.130, including pre-apprenticeship and school-to- apprenticeship programs." Renumber the following bill sections accordingly. Page 2, following line 11: Insert "(5) a summary of the concurrent career and technical education programs established under AS 14.35.100 - 14.35.130, including (A) the number of students participating in the programs; (B) the types of courses in which students have enrolled; (C) the total number of credits that students have earned; (D) the number of certificates earned by, and the extent of progress toward certification of, program participants while enrolled in a public secondary school; and (E) a comparison of program participant graduation rates with the graduation rates of nonparticipants." Page 4, following line 14: Insert a new bill section to read: "* Sec. 5. AS 14.35 is amended by adding new sections to read: Article 2. Concurrent Career and Technical Education Programs. Sec. 14.35.100. State policy. It is the policy of this state to provide public secondary school students who are at least 14 years of age the opportunity to participate in concurrent career and technical education programs, including vocational education, pre- apprenticeship, apprenticeship, work-based learning, and on-the- job experience programs. A participating school district shall adopt a policy allowing a student to earn secondary school credit in science, math, engineering, or another applicable course for experience obtained through a contracted concurrent career and technical education program. A school district shall allow a public 2022-05-17 House Journal Page 3021 secondary school student who is at least 14 years of age to receive course credit in career and technical education, physical education, music, or art if the student participates in an activity, including a cultural activity, outside of school hours that the school district determines meets the educational or physical activity requirements of the course. A school district may adopt standards for awarding course credit for an activity under this section. Sec. 14.35.105. Program contracts. (a) A school district may elect to develop concurrent career and technical education programs within the school district and negotiate contracts with agencies providing vocational education, pre-apprenticeship, apprenticeship, work-based learning, or on-the-job experience programs for students enrolled in a public secondary school. (b) A contract entered into under this section must include (1) a description of the program, including the program curriculum; (2) the number of eligible students who may participate in the program each year; (3) the tuition paid by the school district for each student for program participation, including whether the agency will provide scholarships and fee waivers to reduce the cost for a participating school district; (4) a requirement that agency instructors comply with AS 14.35.125; (5) a statement from the school district that it will request issuance of a certificate for eligible agency instructors; (6) if applicable, a statement that all instruction provided in the program meets industry standards for credit toward certification based on agency accredited national, regional, or programmatic instruction standards, or toward a requirement for a professional license issued by the Department of Commerce, Community, and Economic Development; (7) the method by which the program will credit a student for coursework in the program and how that credit will satisfy the credit requirements for students concurrently in a public secondary school; (8) program policies and procedures; (9) the location and description of the agency; (10) a statement that the agency will comply with all 2022-05-17 House Journal Page 3022 state and federal requirements for receipt and use of public money; (11) a termination clause providing that the school district may terminate the contract for an agency's failure to meet the program's educational goals or for other good cause; and (12) other requirements agreed on by the agency and the department. (c) A contract under this section must provide for participation by a student who is eligible under AS 14.35.115. (d) A school district shall promptly pay an agency providing a program according to the terms of the contract entered into under this section. Sec. 14.35.110. Program list. A school district shall annually compile and publish on the school district's Internet website a list of concurrent vocational education, pre-apprenticeship, apprenticeship, work-based learning, and on-the-job experience programs that the school district contracts with to provide concurrent career and technical education. Sec. 14.35.115. Student enrollment. (a) A student is eligible to participate in a concurrent career and technical education program if the student (1) is enrolled in a public school in the state; (2) is at least 14 years of age; (3) has not received a high school diploma; and (4) complies with the program requirements. (b) If the number of applications for a program exceeds the capacity of the program or age group, the school district shall select students by random drawing. Sec. 14.35.120. Program information. A school district that elects to participate in a concurrent career and technical education program shall provide students and parents of students in grades eight through 12 with information to ensure that the students and parents are aware of program opportunities. The information must describe the (1) process used by the school district to award secondary school credit for completing vocational education, pre- apprenticeship, apprenticeship, work-based learning, and on-the- job experience programs; (2) availability of program course offerings; (3) benefits of participating in career and technical 2022-05-17 House Journal Page 3023 education while in secondary school; (4) availability of support services; and (5) academic and social responsibilities associated with participating in the program. Sec. 14.35.125. Instructor certification. A person may not instruct students in a concurrent vocational education, pre- apprenticeship, apprenticeship, work-based learning, or on-the-job experience program unless the person possesses a valid teaching certificate issued under AS 14.20.010 - 14.20.040 and, if providing vocational education, holds industry standard master skill certification or the equivalent in the area of instruction. Sec. 14.35.130. Definition. In AS 14.35.100 - 14.35.130, "school district" means a borough school district, a city school district, or a regional educational attendance area." Renumber the following bill sections accordingly. Page 4, following line 26: Insert new bill sections to read: "* Sec. 7. AS 14.40.190 is amended by adding a new subsection to read: (c) In addition to the reports required under (a) and (b) of this section, during the first regular session of each legislature, the Board of Regents or its designee shall provide to the legislative committees having jurisdiction over education a biennial presentation describing the efforts made by the University of Alaska to collaborate with the Department of Labor and Workforce Development to provide credit for concurrent career and technical education programs. * Sec. 8. AS 23.05.060 is amended by adding a new subsection to read: (b) The department shall collaborate with the Department of Education and Early Development to support school districts creating, expanding, or operating concurrent career and technical education programs under AS 14.35.100 - 14.35.130, including pre-apprenticeship and school-to-apprenticeship programs. * Sec. 9. AS 23.10.330(a) is amended to read: (a) AS 23.10.325 - 23.10.370 do not prohibit employment of a child under the direct supervision of an adult relative [A PARENT] in a business owned and operated by the adult relative [A PARENT] or the work of a child on a boat owned and operated 2022-05-17 House Journal Page 3024 by the adult relative [A PARENT] of the child. In this subsection, "relative" means a child's mother, mother-in-law, father, father-in-law, sister, sister-in-law, brother, brother-in- law, grandparent, aunt, or uncle. * Sec. 10. AS 23.10.332(a) is amended to read: (a) Except for employment exempted under AS 23.10.330 and other employment specifically exempted by regulations adopted by the department, a minor under 16 [17] years of age may not be employed or allowed to work without the written authorization of the commissioner unless authorized under AS 23.10.360 or under (c) of this section." Renumber the following bill sections accordingly. Representative Spohnholz moved and asked unanimous consent that Amendment No. 4 be adopted. There was objection. Amendment No. 1 to Amendment No. 4 was offered by Representatives McCarty and Spohnholz: Page 8, after line 27: Insert "(b) Notwithstanding section (a), a minor under 16 years of age may work until 10:00 p.m. when the minor does not have school the next day, during school breaks, and outside of the school year." Representative McCarty moved and asked unanimous consent that Amendment No. 1 to Amendment No. 4 be adopted. There was objection. Representative McCarty moved and asked unanimous consent to withdraw Amendment No. 1 to Amendment No. 4. There being no objection, it was so ordered. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 32(FIN) Second Reading Amendment No. 4 2022-05-17 House Journal Page 3025 YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool Nays: Eastman Excused: Merrick Absent: Zulkosky And so, Amendment No. 4 was adopted. Amendment No. 5 was offered by Representatives Kreiss-Tomkins and Kaufman: Page 1, line 2, following "Alaska;" (title amendment): Insert "relating to reporting requirements of the Board of Regents of the University of Alaska;" Page 4, following line 26: Insert new bill sections to read: "* Sec. 4. AS 14.40.190(b) is amended to read: (b) In addition to the report required under (a) of this section, the Board of Regents shall prepare and present to the legislative committees having jurisdiction over education a biennial report, [NOT LATER THAN THE 30TH LEGISLATIVE DAY OF THE FIRST SESSION OF EACH LEGISLATURE,] titled "Alaska's University for Alaska's Schools" that describes the efforts of the university to attract, train, and retain qualified public school teachers. The report must include an outline of the university's current and future plans to close the gap between known teacher employment vacancies in the state and the number of state residents who complete teacher training. The information reported under this subsection may also include short-term and five-year strategies with accompanying fiscal notes and outcome measures. Not later than the 30th legislative day of the first regular session of each legislature, the Board of Regents shall deliver a copy of the report to the senate secretary and the chief clerk of 2022-05-17 House Journal Page 3026 the house of representatives and notify the legislature that the report is available. * Sec. 5. AS 14.40.190 is amended by adding a new subsection to read: (c) In addition to the reports under (a) and (b) of this section, the Board of Regents shall prepare a biennial report on accreditation. The report must, for each instructional program of the university, assess the program's quality and effectiveness for purposes of accreditation, assess the program's alignment with applicable national, regional, and specialized accreditation standards, and describe the efforts the university has made to achieve or maintain the program's accreditation. The report must be disaggregated by university campus, school or college, program, accrediting body, date of initial accreditation, next review date and review cycle, and current accreditation status. For each instructional program that has lost or is at risk of losing accreditation, the report must describe the university's plan to remediate the loss or risk. The Board of Regents shall (1) not later than the 30th legislative day of the first regular session of each legislature, deliver a copy of the biennial report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available; (2) present the report to the legislative committees having jurisdiction over education." Renumber the following bill section accordingly. Page 4, line 27: Delete "This Act takes" Insert "Sections 1 - 3 of this Act take" Representative Kreiss-Tomkins moved and asked unanimous consent that Amendment No. 5 be adopted. There was objection. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: 2022-05-17 House Journal Page 3027 CSSB 32(FIN) am H Second Reading Amendment No. 5 YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool Excused: Merrick Absent: Spohnholz, Zulkosky And so, Amendment No. 5 was adopted and the new title follows: CS FOR SENATE BILL NO. 32(FIN) am H "An Act establishing the Alaska middle college program for public school students; relating to the powers of the University of Alaska; relating to reporting requirements of the Board of Regents of the University of Alaska; and providing for an effective date." Amendment No. 6 was offered by Representative Eastman: Page 1, line 1 (title amendment): Delete "for public school students" Page 2, line 21: Following the first occurrence of "district": Insert "and private school" Following the second occurrence of "district": Insert "or private school" Page 2, line 25, following "public": Insert "or private" Page 2, line 27, following "district": Insert "or private school" Page 3, line 1, following "district": Insert "and private school" 2022-05-17 House Journal Page 3028 Page 3, line 3, following "public": Insert "or private" Page 3, line 10, following "district": Insert "or private school" Page 3, following line 22: Insert a new subsection to read: "(f) An agreement entered into by a private school and the University of Alaska under (b) of this section must outline the manner in which costs associated with the program will be shared between the participating private school and the University of Alaska. The agreement may not result in an expenditure of public funds for the direct benefit of the private school." Reletter the following subsections accordingly. Page 4, line 6, following "program": Insert "through a school district" Page 4, line 8, following "district": Insert "or private school" Page 4, following line 11: Insert a new paragraph to read: "(1) "private school" means a school that does not receive direct state or federal funding;" Renumber the following paragraphs accordingly. Page 4, line 19: Delete "AS 14.30.780(f)" Insert "AS 14.30.780(g)" Page 4, line 21, following "district": Insert "or private school" Page 4, line 22, following "standards;": Insert "in this paragraph, "private school" and "school district" have the meanings given in AS 14.30.780(k);" 2022-05-17 House Journal Page 3029 Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Story objected. The Speaker stated that, without objection, CSSB 32(FIN) am H would be held in second reading with Amendment No. 6 moved and pending to tomorrow's calendar.