00                       CS FOR HOUSE BILL NO. 108(EDC)                                                                    
01 "An Act relating to concurrent vocational education, training, and on-the-job trade                                     
02 experience programs for students enrolled in public secondary schools; relating to child                                
03 labor; and providing for an effective date."                                                                            
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 12.62.400(a) is amended to read:                                                                     
06 (a)  To obtain a national criminal history record check for determining a                                               
07 person's qualifications for a license, permit, registration, employment, or position, a                                 
08 person shall submit the person's fingerprints to the department with the fee established                                
09 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau                                       
10       of Investigation to obtain a national criminal history record check of the person for the                         
11       purpose of evaluating a person's qualifications for                                                               
12                 (1)  a license or conditional contractor's permit to manufacture, sell,                                 
13       offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage                           
14       under AS 04.11;                                                                                                   
01                 (2)  licensure as a mortgage lender, a mortgage broker, or a mortgage                                   
02       loan originator under AS 06.60;                                                                                   
03                 (3)  admission to the Alaska Bar Association under AS 08.08;                                            
04                 (4)  licensure as a collection agency operator under AS 08.24;                                          
05                 (5)  a certificate of fitness to handle explosives under AS 08.52;                                      
06                 (6)  licensure as a massage therapist under AS 08.61;                                                   
07                 (7)  licensure to practice nursing or certification as a nurse aide under                               
08       AS 08.68;                                                                                                         
09                 (8)  certification as a real estate appraiser under as 08.87;                                           
10 (9)  a position involving supervisory or disciplinary power over a minor                                                
11 or dependent adult for which criminal justice information may be released under                                         
12       AS 12.62.160(b)(9);                                                                                               
13                 (10)  a teacher certificate under AS 14.20;                                                             
14 (11)  a registration or license to operate a marijuana establishment                                                    
15       under AS 17.38;                                                                                                   
16 (12)  admittance to a police training program under AS 18.65.230 or for                                                 
17 certification as a police officer under AS 18.65.240 if that person's prospective                                       
18       employer does not have access to a criminal justice information system;                                           
19                 (13)  licensure as a security guard under AS 18.65.400 - 18.65.490;                                     
20                 (14)  a concealed handgun permit under AS 18.65.700 - 18.65.790;                                        
21 (15)  licensure as an insurance producer, managing general agent,                                                       
22 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines                                        
23       broker, or independent adjuster under AS 21.27;                                                                   
24 (16)  serving and executing process issued by a court by a person                                                       
25       designated under AS 22.20.130;                                                                                    
26                 (17)  a school bus driver license under AS 28.15.046;                                                   
27 (18)  licensure as an operator or an instructor for a commercial driver                                                 
28       training school under AS 28.17;                                                                                   
29 (19)  registration as a broker-dealer, agent, investment adviser                                                        
30       representative, or investment adviser under AS 45.56.300 - 45.56.350;                                             
31 (20)  licensure, license renewal, certification, certification renewal, or                                              
01       payment from the Department of Health and Social Services of an individual and an                                 
02       entity subject to the requirements for a criminal history check under AS 47.05.310,                               
03       including                                                                                                         
04                      (A)  a public home care provider described in AS 47.05.017;                                        
05                      (B)  a provider of home and community-based waiver services                                        
06            financed under AS 47.07.030(c);                                                                              
07                      (C)  a case manager to coordinate community mental health                                          
08            services under AS 47.30.530;                                                                                 
09                      (D)  an entity listed in AS 47.32.010(b), including an owner,                                      
10 officer, director, member, partner, employee, volunteer, or contractor of an                                            
11            entity; or                                                                                                   
12 (E)  an individual or entity not described in (A) - (D) of this                                                         
13 paragraph that is required by statute or regulation to be licensed or certified by                                      
14 the Department of Health and Social Services or that is eligible to receive                                             
15 payments, in whole or in part, from the Department of Health and Social                                                 
16 Services to provide for the health, safety, and welfare of persons who are                                              
17 served by the programs administered by the Department of Health and Social                                              
18            Services;                                                                                                  
19                 (21)  an instructor certificate under AS 14.35.125.                                                   
20    * Sec. 2. AS 14.07.020(a) is amended to read:                                                                        
21            (a)  The department shall                                                                                    
22 (1)  exercise general supervision over the public schools of the state                                                  
23       except the University of Alaska;                                                                                  
24 (2)  study the conditions and needs of the public schools of the state,                                                 
25 adopt or recommend plans, administer and evaluate grants to improve school                                              
26 performance awarded under AS 14.03.125, and adopt regulations for the improvement                                       
27 of the public schools; the department may consult with the University of Alaska to                                      
28 develop secondary education requirements to improve student achievement in college                                      
29       preparatory courses;                                                                                              
30 (3)  provide advisory and consultative services to all public school                                                    
31       governing bodies and personnel;                                                                                   
01 (4)  prescribe by regulation a minimum course of study for the public                                                   
02 schools; the regulations must provide that, if a course in American Sign Language is                                    
03       given, the course shall be given credit as a course in a foreign language;                                        
04 (5)  establish, in coordination with the Department of Health and Social                                                
05 Services, a program for the continuing education of children who are held in juvenile                                   
06 detention facilities or juvenile treatment facilities, as those terms are defined in                                    
07       AS 47.12.990, in the state during the period of detention or treatment;                                           
08 (6)  accredit those public schools that meet accreditation standards                                                    
09 prescribed by regulation by the department; these regulations shall be adopted by the                                   
10 department and presented to the legislature during the first 10 days of any regular                                     
11 session, and become effective 45 days after presentation or at the end of the session,                                  
12 whichever is earlier, unless disapproved by a resolution concurred in by a majority of                                  
13       the members of each house;                                                                                        
14 (7)  prescribe by regulation, after consultation with the state fire                                                    
15 marshal and the state sanitarian, standards that will ensure healthful and safe                                         
16 conditions in the public and private schools of the state, including a requirement of                                   
17 physical examinations and immunizations in pre-elementary schools; the standards for                                    
18       private schools may not be more stringent than those for public schools;                                          
19 (8)  exercise general supervision over pre-elementary schools that                                                      
20       receive direct state or federal funding;                                                                          
21 (9)  exercise general supervision over elementary and secondary                                                         
22 correspondence study programs offered by municipal school districts or regional                                         
23 educational attendance areas; the department may also offer and make available to any                                   
24       Alaskan through a centralized office a correspondence study program;                                              
25 (10)  accredit private schools that request accreditation and that meet                                                 
26 accreditation standards prescribed by regulation by the department; nothing in this                                     
27 paragraph authorizes the department to require religious or other private schools to be                                 
28       licensed;                                                                                                         
29 (11)  review plans for construction of new public elementary and                                                        
30 secondary schools and for additions to and major rehabilitation of existing public                                      
31 elementary and secondary schools and, in accordance with regulations adopted by the                                     
01 department, determine and approve the extent of eligibility for state aid of a school                                   
02 construction or major maintenance project; for the purposes of this paragraph, "plans"                                  
03 include educational specifications, schematic designs, projected energy consumption                                     
04       and costs, and final contract documents;                                                                          
05 (12)  provide educational opportunities in the areas of vocational                                                      
06 education and training, and basic education to individuals over 16 years of age who                                     
07 are no longer attending school; the department may consult with businesses and labor                                    
08 unions to develop a program to prepare students for apprenticeships or internships that                                 
09       will lead to employment opportunities;                                                                            
10                 (13)  administer the grants awarded under AS 14.11;                                                     
11 (14)  establish, in coordination with the Department of Public Safety, a                                                
12       school bus driver training course;                                                                                
13 (15)  require the reporting of information relating to school disciplinary                                              
14 and safety programs under AS 14.33.120 and of incidents of disruptive or violent                                        
15       behavior;                                                                                                         
16 (16)  establish by regulation criteria, based on low student performance,                                               
17 under which the department may intervene in a school district to improve instructional                                  
18       practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include                              
19 (A)  a notice provision that alerts the district to the deficiencies                                                    
20            and the instructional practice changes proposed by the department;                                           
21 (B)  an end date for departmental intervention, as described in                                                         
22 AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three                                          
23 consecutive years of improvement consisting of not less than two percent                                                
24 increases in student proficiency on standards-based assessments in language                                             
25            arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and                                              
26 (C)  a process for districts to petition the department for                                                             
27            continuing or discontinuing the department's intervention;                                                   
28 (17)  notify the legislative committees having jurisdiction over                                                        
29 education before intervening in a school district under AS 14.07.030(a)(14) or                                          
30       redirecting public school funding under AS 14.07.030(a)(15);                                                    
31 (18)  collaborate with school districts to provide opportunities to                                                   
01       participate in concurrent vocational education, training, and on-the-job trade                                  
02       experience programs to students over 14 years of age enrolled in public                                         
03       secondary schools.                                                                                              
04    * Sec. 3. AS 14.35 is amended by adding new sections to read:                                                        
05      Article 2. Concurrent Vocational Education, Training, and On-the-Job Trade                                         
06                          Experience Programs.                                                                           
07 Sec. 14.35.100. State policy. It is the policy of this state to provide public                                          
08 secondary school students over 14 years of age the opportunity to participate in                                        
09 concurrent vocational education, training, and on-the-job trade experience programs                                     
10       from nonsectarian agencies providing industry-standard instruction.                                               
11 Sec. 14.35.105. Program contracts. (a) A school district shall negotiate                                                
12 contracts with agencies providing industry-standard instruction and certifications to                                   
13 offer concurrent vocational education, training, and on-the-job trade experience                                        
14       programs for students enrolled in a public secondary school.                                                      
15            (b)  The department may establish minimum program eligibility standards.                                     
16            (c)  A school district may not contract with a sectarian agency.                                             
17            (d)  A contract entered into under this section must include                                                 
18 (1)  a description of the program, including the program curriculum and                                                 
19       the public purpose that the program supports;                                                                     
20 (2)  the number of eligible students over 14 years of age who may                                                       
21       participate in the program each year;                                                                             
22                 (3)  the annual tuition for each student for program participation;                                     
23 (4)  the name and proof of industry-standard certification of each                                                      
24       instructor who will instruct students in the program;                                                             
25 (5)  a statement that all instruction provided in the program meets                                                     
26 industry standards for apprenticeship or journeyman or equivalent certification, based                                  
27       on agency accredited national, regional, or programmatic instruction standards;                                   
28 (6)  an explanation of the method by which the program will credit a                                                    
29 student for coursework that satisfies industry standards completed concurrently in a                                    
30       public secondary school;                                                                                          
31                 (7)  program policies and procedures;                                                                   
01                 (8)  the location and description of the agency;                                                        
02                 (9)  a statement that the agency will comply with all state and federal                                 
03       requirements for receipt and use of public money;                                                                 
04                 (10)  a termination clause providing that the school district may                                       
05       terminate the contract for an agency's failure to meet department or school district                              
06       educational goals or for other good cause;                                                                        
07                 (11)  a statement that students will not receive compensation from the                                  
08       department or district for program participation; and                                                             
09                 (12)  other requirements agreed on by the agency and the school                                         
10       district.                                                                                                         
11 Sec. 14.35.110. Program list. (a) A school district shall annually compile and                                          
12 publish on the school district's Internet website a list of concurrent vocational                                       
13 education, training, and on-the-job trade experience programs that the school district                                  
14       contracts with to provide concurrent vocational education.                                                        
15 (b)  For each listed program, the school district shall identify any geographic                                         
16       attendance restrictions and program availability.                                                                 
17 Sec. 14.35.115. Student enrollment. (a) A school district shall enroll in a                                             
18 contracted concurrent vocational education, training, or on-the-job trade experience                                    
19 program a student over 14 years of age who is enrolled in a public secondary school                                     
20 eligible for the program and who submits a timely application. If the number of                                         
21 applications for a program exceeds the capacity of the program or age group, the                                        
22       school district shall select students by random drawing.                                                          
23 (b)  A secondary school shall pay the program tuition for an enrolled student                                           
24 who participates in a contracted concurrent vocational education program in                                             
25       accordance with the terms of the contract entered into under AS 14.35.105.                                        
26 Sec. 14.35.120. Individual learning plan. (a) For each student enrolled in a                                            
27 public secondary school who participates in a contracted concurrent vocational                                          
28 program, the secondary school shall annually provide an individual learning plan                                        
29 developed in collaboration with the student, the parent or guardian of the student, a                                   
30 school counselor assigned to the student, and other individuals involved in the                                         
31       student's learning plan.                                                                                          
01            (b)  An individual learning plan must                                                                        
02                 (1)  be developed with input from the counselor assigned to the student;                                
03                 (2)  provide for an in-school and concurrent vocational education                                       
04 program course of study appropriate for the student's age and grade level consistent                                    
05       with state and district standards;                                                                                
06                 (3)  provide for an ongoing assessment plan that includes industry-                                     
07       standard certification progress and statewide assessments required for public schools                             
08       under AS 14.03.123(f); and                                                                                        
09                 (4)  provide for monitoring of the student's work and certification                                     
10       progress by the counselor assigned to the student.                                                                
11 Sec. 14.35.125. Instructor certification. (a) A person may not instruct                                                 
12 students in a concurrent vocational education, training, or on-the-job trade experience                                 
13 program unless the person possesses a valid instructor certificate and an industry-                                     
14       standard master skill certification or equivalent.                                                                
15 (b)  The board shall establish requirements for the issuance of instructor                                              
16       certificates by regulation.                                                                                       
17 (c)  The board shall require instructors to submit fingerprints and the fees                                            
18 required by the Department of Public Safety under AS 12.62.160 for criminal justice                                     
19 information and a national criminal history record check. The board shall submit the                                    
20 fingerprints and fees to the Department of Public Safety for a report of criminal justice                               
21 information under AS 12.62 and a national criminal history record check under                                           
22       AS 12.62.400.                                                                                                     
23 (d)  The department may not issue an instructor certificate to a person who has                                         
24 been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime,                                
25 involving a minor under AS 11.41.410 - 11.41.460 or a law or ordinance in another                                       
26       jurisdiction with elements similar to an offense described in this subsection.                                    
27 Sec. 14.35.130. Definition. In AS 14.35.100 - 14.35.130, "school district" or                                           
28 "district" means a borough school district, a city school district, or a regional                                       
29       educational attendance area.                                                                                      
30    * Sec. 4. AS 23.10.330(a) is amended to read:                                                                        
31 (a)  AS 23.10.325 - 23.10.370 do not prohibit employment of a child under the                                           
01 direct supervision of an adult [A] parent, sibling, grandparent, aunt, or uncle in a                                
02 business owned and operated by the adult parent, sibling, grandparent, aunt, or                                     
03 uncle or the work of a child on a boat owned and operated by the adult parent,                                    
04       sibling, grandparent, aunt, or uncle of the child.                                                              
05    * Sec. 5. AS 23.10.332(a) is amended to read:                                                                        
06 (a)  Except for employment exempted under AS 23.10.330 and other                                                        
07 employment specifically exempted by regulations adopted by the department, a minor                                      
08 under 16 [17] years of age may not be employed or allowed to work without the                                         
09 written authorization of the commissioner unless authorized under AS 23.10.360 or                                       
10       under (c) of this section.                                                                                        
11    * Sec. 6. AS 23.10.340(a) is amended to read:                                                                        
12 (a)  A minor under 16 years of age may not be employed for more than a                                                  
13 combined total of nine hours school attendance and employment in one day. If                                            
14 employed, the minor's work may be performed only between 5 a.m. and 10 p.m. [9                                        
15 P.M.] Employment outside school hours may not exceed 23 hours in one week,                                              
16       domestic work and baby-sitting excepted.                                                                          
17    * Sec. 7. This Act takes effect July 1, 2022.