HB 147: "An Act relating to charter schools and to the establishment of state boarding schools."
00HOUSE BILL NO. 147 01 "An Act relating to charter schools and to the establishment of state boarding 02 schools." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.03.260 is amended by adding a new subsection to read: 05 (d) In addition to the program budget calculated under (a) this section, the 06 local school board shall supply funds necessary to pay the expenses of housing 07 nonresident students who attend the charter school, including room, board, and other 08 reasonable housing expenses. 09 * Sec. 2. AS 14.03.265(a) is amended to read: 10 (a) The program of a charter school may be designed to serve 11 (1) students within an age group or grade level; [OR] 12 (2) students who will benefit from a particular teaching method or 13 curriculum; or 14 (3) nonresident students, including providing domiciliary services
01 for students who need those services. 02 * Sec. 3. AS 14.16.010 is amended to read: 03 Sec. 14.16.010. Establishment of state boarding schools [SCHOOL]. The 04 department may establish and operate [A] boarding schools [SCHOOL, TO BE 05 KNOWN AS THE MT. EDGECUMBE HIGH SCHOOL], to be managed in 06 accordance with this chapter. A [THE] state boarding school must offer a secondary 07 education curriculum to students enrolled in it, and must provide domiciliary services 08 for students needing such services. 09 * Sec. 4. AS 14.16.020 is amended to read: 10 Sec. 14.16.020. Operation of state boarding schools [SCHOOL]. In the 11 management of [THE] state boarding schools [SCHOOL], the board shall 12 (1) adopt a philosophy of education for [THE] state boarding schools 13 [SCHOOL]; 14 (2) employ [A] chief school administrators [ADMINISTRATOR] and 15 approve the employment of other personnel necessary to operate [THE] state boarding 16 schools [SCHOOL]; 17 (3) establish the salaries and benefits to be paid teachers, excluding 18 administrators [, OF THE STATE BOARDING SCHOOL]; 19 (4) designate the employees authorized to direct disbursements from the 20 money appropriated for the operation of [THE] state boarding schools [SCHOOL] and 21 for the construction of [ITS] facilities; 22 (5) provide custodial services and routine maintenance of [THE STATE 23 BOARDING SCHOOL'S] physical facilities; 24 (6) establish procedures for the development and implementation of 25 curriculum and the selection and use of textbooks and instructional materials [AT THE 26 STATE BOARDING SCHOOL]; 27 (7) prescribe health evaluation and placement screening programs for 28 newly admitted students; 29 (8) establish procedures for staff evaluation; and 30 (9) provide staff training. 31 * Sec. 5. AS 14.16.030(a) is amended to read:
01 (a) A [THE] state boarding school may admit students who are qualified in 02 accordance with applicable admission standards. Preference for enrollment must be 03 given to students currently enrolled at a [THE] boarding school and to students whose 04 educational, emotional, or family requirements warrant attendance in a domiciliary 05 environment. 06 * Sec. 6. AS 14.16.040 is amended to read: 07 Sec. 14.16.040. Status of state boarding school. A [THE] state boarding 08 school is a public school of the state. 09 * Sec. 7. AS 14.16.050(a) is amended to read: 10 (a) The following provisions apply with respect to the operation and 11 management of a [THE] state boarding school as if it were a school district: 12 (1) requirements relating to school district operations: 13 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 14 session, and school holidays); 15 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 16 applicable to school district operations); 17 (C) regulations adopted by the board under authority of 18 AS 14.07.020(a) that are applicable to school districts and their schools, unless 19 the board specifically exempts [THE] state boarding schools [SCHOOL] from 20 compliance with a regulation; 21 (D) AS 14.12.150 (authorizing school districts to establish and 22 participate in the services of a regional resource center); 23 (E) AS 14.14.050 (imposing the requirement of an annual 24 audit); 25 (F) AS 14.14.110 (authorizing cooperation with other school 26 districts); 27 (G) AS 14.14.130 (directing the employment of a chief school 28 administrator); 29 (H) AS 14.14.140(b) (establishing a prohibition on employment 30 of a relative of the chief school administrator); 31 (I) AS 14.18 (prohibiting discrimination based on sex in public
01 education); 02 (2) requirements relating to state financial assistance for education and 03 the receipt and expenditure of that assistance: 04 (A) AS 14.17.080 (relating to student count estimates); 05 (B) AS 14.17.082 (relating to school operating fund balances); 06 (C) AS 14.17.160 - 14.17.220 (setting out the procedure for 07 payment of financial assistance, and imposing general requirements and limits 08 on money paid); 09 (3) requirements relating to teacher employment and retirement: 10 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 11 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 12 tenure of teachers); 13 (C) AS 14.20.220 (relating to the salaries of teachers 14 employed); 15 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 16 provisions for teachers); 17 (E) AS 23.40.070 - 23.40.260 (authorizing collective bargaining 18 by certificated employees), except with regard to teachers who are 19 administrators and except that the board may delegate some or all of its 20 responsibilities under those statutes; 21 (F) AS 14.25 (provisions regarding the teachers' retirement 22 system); 23 (4) requirements relating to students and educational programs: 24 (A) AS 14.30.180 - 14.30.350 (relating to educational services 25 for exceptional children); 26 (B) AS 14.30.360 - 14.30.370 (establishing health education 27 program standards); 28 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 29 bicultural education). 30 * Sec. 8. AS 14.16.060 is amended to read: 31 Sec. 14.16.060. Status of employees. The employees of a [THE] state
01 boarding school are state employees. 02 * Sec. 9. AS 14.16.070 is amended to read: 03 Sec. 14.16.070. Applicability of other law. AS 23.40.070 - 23.40.260 (Public 04 Employment Relations Act) apply to the employees of a [THE] state boarding school. 05 * Sec. 10. AS 14.16.080(a) is amended to read: 06 (a) AS 14.17.024 applies to the calculation of state aid payable for operation 07 of a [THE] state boarding school. 08 * Sec. 11. AS 14.16.080(b) is amended to read: 09 (b) In the transmittals required by AS 37.07.060 - 37.07.062, the governor 10 shall request amounts for the expenses of construction, rehabilitation, and improvement 11 of the facilities of a [THE] state boarding school. 12 * Sec. 12. AS 14.16.080(e) is amended to read: 13 (e) For purposes of application for and receipt of federal aid to education, a 14 [THE] state boarding school constitutes a local educational agency. 15 * Sec. 13. AS 14.17.010(a) is amended to read: 16 (a) The public school foundation account is established. The account consists 17 of appropriations for distribution to school districts, [THE] state boarding schools 18 [SCHOOL], and for centralized correspondence study programs under this chapter. 19 * Sec. 14. AS 14.17.024 is amended to read: 20 Sec. 14.17.024. Money for state boarding schools [SCHOOL]. (a) Money 21 for the instructional services provided in a fiscal year by [THE] state boarding schools 22 [SCHOOL] established under AS 14.16.010 includes an allocation from the public 23 school foundation account in an amount calculated by 24 (1) multiplying the instructional unit value in AS 14.17.056 by the total 25 number of instructional units under AS 14.17.031 for that fiscal year, as determined 26 by treating each [THE] school as if it were a school district consisting of a single 27 funding community; 28 (2) multiplying the product determined under (1) of this subsection by 29 the area cost differential that is applicable to calculation of the entitlement for the 30 adjacent school district under AS 14.17.051; and 31 (3) adding 10 percent of the eligible federal impact aid received for that
01 fiscal year on behalf of each [THE] school plus any federal impact aid received on 02 behalf of each [THE] school which the state, under P.L. 81-874 (20 U.S.C. 236 - 244), 03 as amended, and regulations adopted under it, could not consider as local resources if 04 the school were considered a school district. 05 (b) In addition to the amount calculated and payable under (a) of this section, 06 the governor shall request from the legislature appropriation of any program receipts 07 or federal food service reimbursements or other federal aid, other than aid under P.L. 08 81-874 (20 U.S.C. 236 - 244), as amended, received on behalf of each [THE] school, 09 and other amounts necessary for the expenses of operating each [THE] state boarding 10 school, including 11 (1) domiciliary services, including room, board, custodial services, and 12 other reasonable expenses related to the operation and maintenance of dormitory and 13 other residential facilities for students; 14 (2) student transportation services, to include one round trip for each 15 student between the student's place of residence and the site of each [THE] state 16 boarding school during each school year; and 17 (3) maintenance and operation of the school's physical plant. 18 (c) Money received by a [THE] state boarding school for purposes described 19 in (a) of this section may be used for the purposes described in (b) of this section, and 20 money received for the purposes described in (b) may be used for the purposes 21 described in (a). 22 * Sec. 15. AS 14.30.010(b)(10) is amended to read: 23 (10) is enrolled in 24 (A) a [THE] state boarding school established under AS 14.16; 25 or 26 (B) a full-time program of correspondence study approved by 27 the department; in those school districts providing an approved correspondence 28 study program, a student may be enrolled either in the district correspondence 29 program or in the centralized correspondence study program; 30 * Sec. 16. AS 23.40.200(c) is amended to read: 31 (c) The class in (a)(2) of this section is composed of public utility, snow
01 removal, sanitation, and educational institution employees other than employees of a 02 school district, a regional educational attendance area, or a [THE] state boarding 03 school. Employees in this class may engage in a strike after mediation, subject to the 04 voting requirement of (d) of this section, for a limited time. The limit is determined 05 by the interests of the health, safety, or welfare of the public. The public employer 06 or the labor relations agency may apply to the superior court in the judicial district in 07 which the strike is occurring for an order enjoining the strike. A strike may not be 08 enjoined unless it can be shown that it has begun to threaten the health, safety, or 09 welfare of the public. A court, in deciding whether or not to enjoin the strike, shall 10 consider the total equities in the particular class. "Total equities" includes not only the 11 impact of a strike on the public but also the extent to which employee organizations 12 and public employers have met their statutory obligations. If an impasse or deadlock 13 still exists after the issuance of an injunction, the parties shall submit to arbitration to 14 be carried out under AS 09.43.030. 15 * Sec. 17. AS 23.40.200(d) is amended to read: 16 (d) The class in (a)(3) of this section includes all other public employees who 17 are not included in the classes in (a)(1) or (2) [(a)(2)] of this section. Employees in 18 this class may engage in a strike if a majority of the employees in a collective 19 bargaining unit vote by secret ballot to do so. However, if an impasse or deadlock is 20 reached in collective bargaining negotiations between a municipal school district, a 21 regional educational attendance area, or a [THE] state boarding school and its 22 employees, the parties shall submit to advisory arbitration before the employees may 23 engage in a strike. The arbitrator selected to conduct the advisory arbitration must be 24 a member of the American Arbitration Association Panel of Labor Arbitrators or the 25 Federal Mediation and Conciliation Service. In selecting the arbitrator, the parties 26 shall request a list of arbitrators who have knowledge of and recent experience in the 27 local conditions in the school district, regional educational attendance area, or state 28 boarding school. A list containing at least five nominees who meet the qualifications 29 of this subsection is a complete list for the purpose of striking names and selecting the 30 arbitrator.