This page is no longer used please use www.akleg.gov
30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled 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.                                                                              
New Text Underlined     [DELETED TEXT BRACKETED]