00 CS FOR HOUSE BILL NO. 105(EDC) 01 "An Act relating to parental rights in a child's education; relating to a child's names and 02 pronouns; relating to access to school records; relating to school funding; relating to 03 charter schools; relating to state boarding schools; relating to school disciplinary and 04 safety programs; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 14.03.016(a) is amended to read: 07 (a) A local school board shall, in consultation with parents, teachers, and 08 school administrators, adopt policies to promote the involvement of parents in the 09 school district's education program. The policies must include procedures 10 (1) recognizing the authority of a parent and allowing a parent to 11 object to and withdraw the child from a standards-based assessment or test required by 12 the state; 13 (2) recognizing the authority of a parent and allowing a parent to 14 object to and withdraw the child from an activity, class, or program; 01 (3) requiring that, [PROVIDING FOR PARENT NOTIFICATION 02 NOT LESS THAN TWO WEEKS] before any activity, class, or program [THAT 03 INCLUDES CONTENT INVOLVING HUMAN REPRODUCTION OR SEXUAL 04 MATTERS] is provided to a child, the child's parent  05 (A) receive notification not less than two weeks before the  06 activity, class, or program;  07 (B) provide written permission for the child to participate  08 in the activity, class, or program; 09 (4) recognizing the authority of a parent and allowing a parent to 10 withdraw the child from an activity, class, program, or standards-based assessment or 11 test required by the state for a religious holiday, as defined by the parent; 12 (5) providing a parent with an opportunity to review the content of an 13 activity, class, performance standard, or program; 14 (6) ensuring that, when a child is absent from an activity, class, 15 program, or standards-based assessment or test required by the state under this section, 16 the absence is not considered an unlawful absence under AS 14.30.020 if the child's 17 parent withdrew the child from the activity, class, program, or standards-based 18 assessment or test or gave permission for the child's absence;  19 (7) requiring  20 (A) a parent of a child enrolled in the school district to  21 provide to the school district, at the beginning of each semester of the  22 school term, a list of all the names and pronouns that may be used to  23 address or refer to the child;  24 (B) a school district to  25 (i) develop a procedure for a parent to update the  26 list of names and pronouns provided under (A) of this paragraph;  27 (ii) address and refer to the child in person, on  28 school identification, and in school records by the names and  29 pronouns provided under (A) of this paragraph. 30  * Sec. 2. AS 14.03.016 is amended by adding a new subsection to read: 31 (e) The requirements of AS 14.03.016(a)(3) do not apply to 01 (1) sexual abuse and sexual assault awareness and prevention training 02 required under AS 14.30.355; or 03 (2) dating violence and abuse awareness and prevention training 04 required under AS 14.30.356. 05  * Sec. 3. AS 14.03.115 is amended to read: 06 Sec. 14.03.115. Access to school records by parent, foster parent, or  07 guardian. Upon request of a parent, foster parent, or guardian of a child under 18 08 years of age who is currently or was previously enrolled in a municipal school district 09 or a school district that is a regional educational attendance area, the school district 10 shall provide a copy of the child's entire record. This section does not apply to  11 (1) a record of a child who is an emancipated minor; or 12 (2) record information that consists of the child's address if the school 13 district determines that the release of the child's address poses a threat to the health or 14 safety of the child. 15  * Sec. 4. AS 14.03.260(a) is amended to read: 16 (a) A local school board shall provide an approved charter school with an 17 annual program budget. The budget shall be not less than the amount generated by the 18 students enrolled in the charter school less administrative costs retained by the local 19 school district, determined by applying the indirect cost rate approved by the 20 department up to four percent. Costs directly related to charter school facilities, 21 including rent, utilities, and maintenance, may not be included in an annual program 22 budget for the purposes of calculating the four percent cap on administrative costs 23 under this subsection. A local school board shall provide a charter school with a report 24 itemizing the administrative costs retained by the local school board under this section. 25 The "amount generated by students enrolled in the charter school" is to be determined 26 in the same manner as it would be for a student enrolled in another public school in 27 that school district and includes funds generated by grants, appropriations, federal 28 impact aid, the required local contribution, the local contribution under 29 AS 14.17.410(c), special needs under AS 14.17.420(a)(1), [AND] secondary school 30 vocational and technical instruction under AS 14.17.420(a)(3), and parental  31 involvement initiatives under AS 14.17.420(a)(4). A school district shall direct state 01 aid under AS 14.11 for the construction or major maintenance of a charter school 02 facility to the charter school that generated the state aid, subject to the same terms and 03 conditions that apply to state aid under AS 14.11 for construction or major 04 maintenance of a school facility that is not a charter school. 05  * Sec. 5. AS 14.17.410(b) is amended to read: 06 (b) Public school funding consists of state aid, a required local contribution, 07 and eligible federal impact aid determined as follows: 08 (1) state aid equals basic need minus a required local contribution and 09 90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum 10 obtained under (D) of this paragraph, multiplied by the base student allocation set out 11 in AS 14.17.470; district adjusted ADM is calculated as follows: 12 (A) the ADM of each school in the district is calculated by 13 applying the school size factor to the student count as set out in AS 14.17.450; 14 (B) the number obtained under (A) of this paragraph is 15 multiplied by the district cost factor described in AS 14.17.460; 16 (C) the ADMs of each school in a district, as adjusted 17 according to (A) and (B) of this paragraph, are added; the sum is then 18 multiplied by the special needs factor set out in AS 14.17.420(a)(1), [AND] the 19 secondary school vocational and technical instruction funding factor set out in 20 AS 14.17.420(a)(3), and the parental involvement initiatives funding factor  21 set out in AS 14.17.420(a)(4); 22 (D) the number obtained for intensive services under 23 AS 14.17.420(a)(2) and the number obtained for correspondence study under 24 AS 14.17.430 are added to the number obtained under (C) of this paragraph or 25 under (H) and (I) of this paragraph; 26 (E) notwithstanding (A) - (C) of this paragraph, if a school 27 district's ADM adjusted for school size under (A) of this paragraph decreases 28 by five percent or more from one fiscal year to the next fiscal year, the school 29 district may use the last fiscal year before the decrease as a base fiscal year to 30 offset the decrease, according to the following method: 31 (i) for the first fiscal year after the base fiscal year 01 determined under this subparagraph, the school district's ADM adjusted 02 for school size determined under (A) of this paragraph is calculated as 03 the district's ADM adjusted for school size, plus 75 percent of the 04 difference in the district's ADM adjusted for school size between the 05 base fiscal year and the first fiscal year after the base fiscal year; 06 (ii) for the second fiscal year after the base fiscal year 07 determined under this subparagraph, the school district's ADM adjusted 08 for school size determined under (A) of this paragraph is calculated as 09 the district's ADM adjusted for school size, plus 50 percent of the 10 difference in the district's ADM adjusted for school size between the 11 base fiscal year and the second fiscal year after the base fiscal year; 12 (iii) for the third fiscal year after the base fiscal year 13 determined under this subparagraph, the school district's ADM adjusted 14 for school size determined under (A) of this paragraph is calculated as 15 the district's ADM adjusted for school size, plus 25 percent of the 16 difference in the district's ADM adjusted for school size between the 17 base fiscal year and the third fiscal year after the base fiscal year; 18 (F) the method established in (E) of this paragraph is available 19 to a school district for the three fiscal years following the base fiscal year 20 determined under (E) of this paragraph only if the district's ADM adjusted for 21 school size determined under (A) of this paragraph for each fiscal year is less 22 than the district's ADM adjusted for school size in the base fiscal year; 23 (G) the method established in (E) of this paragraph does not 24 apply to a decrease in the district's ADM adjusted for school size resulting 25 from a loss of enrollment that occurs as a result of a boundary change under 26 AS 29; 27 (H) notwithstanding (A) - (C) of this paragraph, if one or more 28 schools close and consolidate with one or more other schools in the same 29 community and district and, as a result of the consolidation, basic need 30 generated by the district's ADM of the consolidated schools as adjusted under 31 (A) - (C) of this paragraph decreases, the district may use the last fiscal year 01 before the consolidation as the base fiscal year to offset that decrease for the 02 first four fiscal years following consolidation according to the following 03 method: 04 (i) for the first two fiscal years after the base fiscal year, 05 the district's ADM of the consolidated schools as adjusted under (A) - 06 (C) of this paragraph is calculated by dividing the sum of the district's 07 ADM of the consolidated schools as adjusted under (A) - (C) of this 08 paragraph for the base fiscal year by the sum of the district's ADM of 09 the consolidated schools for the base fiscal year without adjustment, 10 and subtracting the quotient obtained by dividing the district's ADM of 11 the consolidated schools for the current fiscal year as adjusted under 12 (A) - (C) of this paragraph by the sum of the district's ADM of the 13 consolidated schools for the current fiscal year without adjustment, 14 multiplying that number by the sum of the district's ADM of the 15 consolidated schools for the current fiscal year without adjustment, and 16 adding that number to the sum of the district's ADM of the consolidated 17 schools for the current fiscal year as adjusted under (A) - (C) of this 18 paragraph; 19 (ii) for the third fiscal year after the base fiscal year, the 20 district's ADM of the consolidated schools as adjusted under (A) - (C) 21 of this paragraph is calculated by dividing the sum of the district's 22 ADM of the consolidated schools as adjusted under (A) - (C) of this 23 paragraph for the base fiscal year by the sum of the district's ADM of 24 the consolidated schools for the base fiscal year without adjustment, 25 and subtracting the quotient obtained by dividing the sum of the 26 district's ADM of the consolidated schools for the current fiscal year as 27 adjusted under (A) - (C) of this paragraph by the sum of the district's 28 ADM of the consolidated schools for the current fiscal year, 29 multiplying that number by the sum of the district's ADM of the 30 consolidated schools for the current fiscal year without adjustment, 31 multiplying that number by 66 percent, and adding that number to the 01 sum of the district's ADM of the consolidated schools for the current 02 fiscal year as adjusted under (A) - (C) of this paragraph; 03 (iii) for the fourth fiscal year after the base fiscal year, 04 the district's ADM of the consolidated schools as adjusted under (A) - 05 (C) of this paragraph is calculated by dividing the sum of the district's 06 ADM of the consolidated schools as adjusted under (A) - (C) of this 07 paragraph for the base fiscal year by the sum of the district's ADM of 08 the consolidated schools for the base fiscal year without adjustment, 09 and subtracting the quotient obtained by dividing the sum of the 10 district's ADM of the consolidated schools for the current fiscal year as 11 adjusted under (A) - (C) of this paragraph by the sum of the district's 12 ADM of the consolidated schools for the current fiscal year, 13 multiplying that number by the sum of the district's ADM of the 14 consolidated schools for the current fiscal year without adjustment, 15 multiplying that number by 33 percent, and adding that number to the 16 sum of the district's ADM of the consolidated schools for the current 17 fiscal year as adjusted under (A) - (C) of this paragraph; 18 (iv) to calculate the district's basic need for each fiscal 19 year, the number obtained through the calculation in (i), (ii), or (iii) of 20 this subparagraph is added to the number obtained under (C) of this 21 paragraph for the remainder of the district; 22 (I) if the basic need calculated under (H)(i) - (iii) of this 23 paragraph for one of the first four fiscal years after consolidation is less than 24 the basic need calculated under (A) - (C) of this paragraph for that fiscal year, 25 the basic need may not be adjusted under (H) of this paragraph for that fiscal 26 year; 27 (J) a district may not offset a decrease under (H) of this 28 paragraph if 29 (i) a new facility is constructed in the district for the 30 consolidation; or 31 (ii) the district offset a decrease under (E) of this 01 paragraph in the same fiscal year; 02 (K) a district that offsets a decrease under (H) of this paragraph 03 may not reopen a school that was closed for consolidation in the district until 04 (i) seven or more years have passed since the school 05 closure; and 06 (ii) the district provides evidence satisfactory to the 07 department that the schools affected by the consolidation are over 08 capacity; 09 (L) a district may not reopen and reconsolidate a school that 10 was consolidated in the district more than once every seven years for purposes 11 of the calculations made under (H) of this paragraph; 12 (M) a district offsetting a decrease under (H) of this paragraph 13 shall provide the department with the list of schools participating in the 14 consolidation and the corresponding ADM; 15 (2) the required local contribution of a city or borough school district is 16 the equivalent of a 2.65 mill tax levy on the full and true value of the taxable real and 17 personal property in the district as of January 1 of the second preceding fiscal year, as 18 determined by the Department of Commerce, Community, and Economic 19 Development under AS 14.17.510 and AS 29.45.110, not to exceed 45 percent of a 20 district's basic need for the preceding fiscal year as determined under (1) of this 21 subsection. 22  * Sec. 6. AS 14.17.420(a) is amended to read: 23 (a) As a component of public school funding, a district is eligible for special 24 needs, [AND] secondary school vocational and technical instruction, and parental  25 involvement initiatives funding and may be eligible for intensive services funding as 26 follows: 27 (1) special needs funding is available to a district to assist the district 28 in providing special education, gifted and talented education, vocational education, 29 and bilingual education services to its students; a special needs funding factor of 1.20 30 shall be applied as set out in AS 14.17.410(b)(1); 31 (2) in addition to the special needs funding for which a district is 01 eligible under (1) of this subsection, a district is eligible for intensive services funding 02 for each special education student who needs and receives intensive services and is 03 enrolled on the last day of the count period; for each such student, intensive services 04 funding is equal to the intensive student count multiplied by 13; 05 (3) in addition to the special needs and intensive services funding 06 available under (1) and (2) of this subsection, secondary school vocational and 07 technical instruction funding is available to assist districts in providing vocational and 08 technical instruction to students who are enrolled in a secondary school; a secondary 09 school vocational and technical instruction funding factor of 1.015 shall be applied as 10 set out in AS 14.17.410(b)(1); in this paragraph, "vocational and technical instruction" 11 excludes costs associated with 12 (A) administrative expenses; and 13 (B) instruction in general literacy, mathematics, and job 14 readiness skills; 15 (4) in addition to the special needs, intensive services, and  16 secondary school vocational and technical instruction funding available under (1)  17 - (3) of this subsection, parental involvement initiatives funding is available to  18 assist districts in the district's implementation of the requirements of  19 AS 14.03.016(a)(3), (a)(7), and (a)(8), AS 14.03.115, AS 14.30.361(e) and (f), and  20 AS 14.33.120(a)(10), including the costs of additional administrative and  21 educational support personnel and modification of locker rooms and restroom  22 facilities; a parental involvement initiatives funding factor of 1.005 shall be  23 applied as set out in AS 14.17.410(b)(1). 24  * Sec. 7. AS 14.17.440(a) is amended to read: 25 (a) Except as provided in AS 14.17.400(b), funding for state boarding schools 26 established under AS 14.16.010 includes an allocation from the public education fund 27 in an amount calculated by 28 (1) determining the ADM of state boarding schools by applying the 29 school size factor to the student count as described in AS 14.17.450; 30 (2) multiplying the number obtained under (1) of this subsection by the 31 special needs factor in AS 14.17.420(a)(1), [AND] the secondary school vocational 01 and technical instruction funding factor set out in AS 14.17.420(a)(3), and the  02 parental involvement initiatives funding factor set out in AS 14.17.420(a)(4) and 03 multiplying that product by the base student allocation; and 04 (3) multiplying the product determined under (2) of this subsection by 05 the district cost factor that is applicable to calculation of the state aid for the adjacent 06 school district under AS 14.17.460. 07  * Sec. 8. AS 14.33.120(a) is amended to read: 08 (a) Each governing body shall adopt a written school disciplinary and safety 09 program. The program required under this subsection must be made available to 10 students, parents, legal guardians, and the public and include written 11 (1) standards for student behavior and safety that reflect community 12 standards and that include, at a minimum, basic requirements for respect and honesty; 13 standards required under this paragraph must be developed and periodically reviewed 14 with the collaboration of members of each school, parents, legal guardians, teachers, 15 and other persons responsible for the students at a school; a governing body may 16 require that standards developed under this paragraph be consistent for all schools in 17 an attendance area or the district; 18 (2) standards relating to when a teacher is authorized to remove a 19 student from the classroom for 20 (A) failure to follow student behavior and safety standards; or 21 (B) behavior described under AS 14.30.045(1) or (2); 22 (3) procedures for notifying teachers of dangerous students consistent 23 with AS 47.12.310(b); 24 (4) standards relating to when a teacher, teacher's assistant, or other 25 person responsible for students is authorized to use reasonable and appropriate force to 26 maintain classroom safety and discipline as described under AS 11.81.430(a)(2); 27 (5) policies necessary to comply with provisions of state and federal 28 law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act); 29 (6) standards to address needs of students for whom mental health or 30 substance abuse may be a contributing factor to noncompliance with the school 31 disciplinary and safety program; 01 (7) policies for implementing a student conflict resolution strategy, 02 including the nonviolent resolution or mediation of conflicts and procedures for 03 reporting and resolving conflicts; 04 (8) procedures for periodic review and revision of the school 05 disciplinary and safety program; 06 (9) policies and procedures consistent with standards for use of 07 restraint and seclusion of students as described in AS 14.33.125;  08 (10) procedures to address the physical safety and privacy of  09 students in locker rooms and restrooms by providing access to single-occupant  10 facilities or other safety and privacy protocols consistent with AS 14.18.040. 11  * Sec. 9. AS 14.03.016(d)(2) is repealed. 12  * Sec. 10. This Act takes effect July 1, 2023.