00 HOUSE CS FOR SENATE BILL NO. 345(RLS) 01 "An Act relating to questionnaires and surveys administered in the public schools; 02 relating to statewide school district correspondence study and to centralized 03 correspondence study; relating to the delay of the reduction of supplementary public 04 school funding; relating to funding the Alaska Challenge Youth Academy program; 05 relating to medical assistance for rehabilitative services for certain children with 06 disabilities; relating to agreements to pay medical assistance for covered services paid 07 for or furnished to eligible children with disabilities by a school district; and providing 08 for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 14.03.110(b) is repealed and reenacted to read: 11 (b) Notwithstanding (a) of this section, if authorized by a policy adopted by 12 the governing body, the school district may administer anonymous questionnaires or 01 surveys that inquire into personal or private family affairs of a student not a matter of 02 public record or subject to public observation if the school district provides each 03 student's parent or legal guardian the opportunity to submit to the school principal a 04 written denial of permission to take the questionnaire or survey. 05 * Sec. 2. AS 14.03.110(c) is repealed and reenacted to read: 06 (c) Before administering a questionnaire or survey, the school district shall 07 provide a parent or legal guardian at least two weeks' written notice of the right under 08 (a) of this section to grant permission to take the questionnaire or survey or of the right 09 under (b) of this section to deny permission to take the questionnaire or survey. The 10 written notice required under this subsection must be mailed to the last known address 11 of the parent or legal guardian. 12 * Sec. 3. AS 14.03.110(d) is repealed and reenacted to read: 13 (d) Written notice required to be mailed to a parent or guardian under this 14 section must include 15 (1) an opportunity to review the questionnaire or survey to be 16 administered; 17 (2) how the questionnaire or survey will be administered to the 18 student; 19 (3) how the results of the questionnaire or survey will be used; 20 (4) who will have access to the questionnaire or survey; 21 (5) how to submit written 22 (A) permission for the student's participation in a questionnaire 23 or survey, if required; or 24 (B) denial of permission to participate in a questionnaire or 25 survey, including an anonymous or specific questionnaire or survey. 26 * Sec. 4. AS 14.03.110(e) is amended to read: 27 (e) A student may refuse to participate in a questionnaire or survey 28 administered in a public school. A student's parent or legal guardian may refuse to 29 allow the student to participate in a specified questionnaire or survey by submitting to 30 the school principal a written denial of permission for the student's participation. 31 * Sec. 5. AS 14.07.050 is amended to read: 01 Sec. 14.07.050. Selection of textbooks. Textbooks for use in the public 02 schools of the state, including a district offered statewide correspondence study 03 program, shall be selected by district boards for district schools. Nothing in this 04 section precludes a correspondence study student, or the parent or guardian of a 05 correspondence study student, from privately obtaining or using textbooks or 06 curriculum material not provided by the school district. 07 * Sec. 6. AS 14.07 is amended by adding a new section to read: 08 Sec. 14.07.175. Powers relating to statewide correspondence study. (a) 09 The board may adopt regulations regarding statewide correspondence study programs. 10 A regulation applicable to a statewide correspondence study program conducted by 11 Alyeska Central School, a charter school, or a school district must 12 (1) specify that, once the department has approved an initial statewide 13 correspondence program application, the district is not required to submit a new 14 application more frequently than every five years unless the program is designated as 15 deficient or in crisis under AS 14.03.123(a); 16 (2) provide that an enrolled student shall be monitored by a certificated 17 teacher or appropriately trained personnel employed by the governing body; the 18 review of student work by certificated teachers must occur at least quarterly, except as 19 required by a student's individual education program under AS 14.30.180 - 14.30.350 20 or as required in the education plan developed for the student under 29 U.S.C. 794; 21 and 22 (3) provide that the governing body conducting the correspondence 23 program has the duty and authority to establish procedures for 24 (A) the review, selection, and use of correspondence 25 curriculum materials before they are introduced into the correspondence 26 curriculum; and 27 (B) approving or disapproving home-designed courses. 28 (b) In this section, "district" has the meaning given in AS 14.17.990. 29 * Sec. 7. AS 14.08.111(9) is amended to read: 30 (9) establish procedures for the review and selection of all textbooks 31 and instructional materials, including textbooks and curriculum materials for 01 statewide correspondence programs, before they are introduced into the school 02 curriculum; the review includes a review for violations of AS 14.18.060; nothing in 03 this paragraph precludes a correspondence study student, or the parent or 04 guardian of a correspondence study student, from privately obtaining or using 05 textbooks or curriculum material not provided by the school district; 06 * Sec. 8. AS 14.14.090(7) is amended to read: 07 (7) establish procedures for the review and selection of all textbooks 08 and instructional materials, including textbooks and curriculum materials for 09 statewide correspondence programs, before they are introduced into the school 10 curriculum; the review includes a review for violations of AS 14.18.060; nothing in 11 this paragraph precludes a correspondence study student, or the parent or 12 guardian of a correspondence study student, from privately obtaining or using 13 textbooks or curriculum material not provided by the school district; 14 * Sec. 9. AS 14.17.490(d) is amended to read: 15 (d) Beginning in fiscal year 2004 [2000], if a district receives more public 16 school funding under AS 14.17.410 than the district received in the preceding fiscal 17 year, any amount received by the district under this section shall be reduced. The 18 amount of the reduction required under this subsection is equal to the amount of 19 increase from the preceding fiscal year in public school funding multiplied by 40 20 percent. In this subsection, "public school funding" does not include funding under 21 this section. 22 * Sec. 10. AS 14.30 is amended by adding a new section to read: 23 Sec. 14.30.740. Funding for Alaska Challenge Youth Academy program. 24 (a) Each fiscal year, the department shall allocate funding for the Alaska Challenge 25 Youth Academy program in an amount equal to the base student allocation multiplied 26 by seven for each residential student and the base student allocation multiplied by 6/10 27 for each nonresidential student, minus the amount received by the program in federal 28 matching grant funds. The determination of the number of residential and 29 nonresidential students shall be made by the department on October 1 of the prior 30 year. 31 (b) In this section, 01 (1) "base student allocation" means the amount established under 02 AS 14.17.470; 03 (2) "nonresidential student" means a student who receives services but 04 does not reside at the program site; 05 (3) "program" means the Alaska Challenge Youth Academy program; 06 (4) "residential student" means a student who resides at the program 07 site. 08 * Sec. 11. AS 47.07.030(b) is amended to read: 09 (b) In addition to the mandatory services specified in (a) of this section and the 10 services provided under (d) of this section, the department may offer only the 11 following optional services: case management and nutrition services for pregnant 12 women; personal care services in a recipient's home; emergency hospital services; 13 long-term care noninstitutional services; medical supplies and equipment; advanced 14 nurse practitioner services; clinic services; rehabilitative services for children eligible 15 for services under AS 47.07.063, substance abusers, and emotionally disturbed or 16 chronically mentally ill adults; targeted case management services for substance 17 abusers, chronically mentally ill adults, and severely emotionally disturbed persons 18 under the age of 21; inpatient psychiatric facility services for individuals age 65 or 19 older and individuals under age 21; psychologists' services; clinical social workers' 20 services; midwife services; prescribed drugs; physical therapy; occupational therapy; 21 chiropractic services; low-dose mammography screening, as defined in 22 AS 21.42.375(e); hospice care; treatment of speech, hearing, and language disorders; 23 adult dental services; prosthetic devices and eyeglasses; optometrists' services; 24 intermediate care facility services, including intermediate care facility services for the 25 mentally retarded; skilled nursing facility services for individuals under age 21; and 26 reasonable transportation to and from the point of medical care. 27 * Sec. 12. AS 47.07 is amended by adding a new section to read: 28 Sec. 47.07.063. Payment for certain services furnished or paid for by a 29 school district. (a) The department may pay medical assistance under this chapter to 30 a school district on behalf of an eligible child with a disability for services covered 31 under this chapter that are furnished or paid for by the school district if 01 (1) the school district and the department have entered into an 02 agreement requiring the school district to reimburse the department for any state 03 financial share required by the federal government; 04 (2) the services are 05 (A) included in the child's individualized education program 06 developed under AS 14.30.278; and 07 (B) otherwise eligible for reimbursement under this chapter; 08 (3) the child is a child with a disability who 09 (A) is eligible for medical assistance under this chapter for the 10 services; and 11 (B) complies with all applicable provisions of this chapter for 12 that assistance; 13 (4) the school district fully complies with billing, auditing, and 14 reporting required under the approved state plan described in AS 47.07.040; 15 (5) reimbursement of payment for the services under this section does 16 not exceed reimbursement allowable for the services under this chapter; and 17 (6) all other requirements of federal and state law are met. 18 (b) Notwithstanding any contrary provision of state law, the school district 19 shall allow the department access to medical, financial, and other records of the child 20 that are in the possession of the school district in order to verify eligibility for services 21 under this chapter. The department shall keep information received under this 22 subsection confidential to the same extent as the school district is required to keep the 23 information confidential under law. 24 (c) The department may adopt regulations to carry out this section. 25 (d) In this section, unless the context otherwise requires, 26 (1) "child with a disability" has the meaning given in AS 14.30.350; 27 (2) "school district" has the meaning given the term "district" in 28 AS 14.17.990, but includes a state boarding school established under AS 14.16.010. 29 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. Section 9 of this Act does not affect any reductions under 01 AS 14.17.490(d) for state fiscal years 2000, 2001, and 2002. 02 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: REGULATIONS. The Department of Health and Social Services 05 and the state Board of Education and Early Development may proceed to adopt regulations 06 necessary to carry out the changes made by this Act in their respective areas of jurisdiction. 07 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 08 effective date of the statutory change implemented by the regulations. 09 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 16. Sections 9 - 13 of this Act take effect July 1, 2002.