HB 365: "An Act relating to the organization of the public school system; and providing for an effective date."
00HOUSE BILL NO. 365 01 "An Act relating to the organization of the public school system; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65.240(a) is amended to read: 05 (a) Notwithstanding AS 46.03.822(a), neither the state nor the [A] regional 06 educational attendance area established under AS 14.08, nor an agent or employee of 07 the state or the [A] regional educational attendance area acting within the scope of that 08 agency or employment, is subject to liability under AS 46.03.822 for damages, as 09 defined in AS 46.03.822(k) and 46.03.824, for the release of a hazardous substance at 10 or from any facility used in relation to a school in the regional educational attendance 11 area school as described in AS 14.08.151 or at or from any facility used in relation to 12 a school operated by the state under AS 14.16. 13 * Sec. 2. AS 14.03.115 is amended to read: 14 Sec. 14.03.115. Access to school records by parent, foster parent, or
01 guardian. Upon request of a parent, foster parent, or guardian of a child under 18 02 years of age who is currently or was previously enrolled in a municipal school district 03 or the [A SCHOOL DISTRICT THAT IS A] regional educational attendance area, the 04 school district or attendance area shall provide a copy of the child's record. This 05 section does not apply to 06 (1) a record of a child who is an emancipated minor; or 07 (2) record information that consists of the child's address if the school 08 district or attendance area determines that the release of the child's address poses a 09 threat to the health or safety of the child. 10 * Sec. 3. AS 14.03.290(3) is amended to read: 11 (3) "local school board" means a borough or city school board or the 12 regional school board [A SCHOOL BOARD OF A REGIONAL EDUCATIONAL 13 ATTENDANCE AREA]; 14 * Sec. 4. AS 14.07.085(b) is amended to read: 15 (b) One member shall be appointed from each of the four judicial districts and 16 three from the state at large with at least one member representing the regional 17 educational attendance area [AREAS]. 18 * Sec. 5. AS 14.08.021 is amended to read: 19 Sec. 14.08.021. Authority. The legislature delegates to the regional school 20 board [BOARDS] for the [EACH] regional educational attendance area the authority 21 to operate the public schools in that area [THOSE AREAS] in accordance with the 22 provisions of this chapter, subject to the provisions of this title and the regulations 23 adopted under it that apply to all school districts in the state. 24 * Sec. 6. AS 14.08.031 is repealed and reenacted to read: 25 Sec. 14.08.031. Regional educational attendance area. (a) The area outside 26 organized boroughs and outside home rule and first class cities constitutes the regional 27 educational attendance area. 28 (b) A school on a military reservation shall be included in the regional 29 educational attendance area. However, operation of a military reservation school by 30 a city or borough school district may be required by the department under 31 AS 14.12.020(a) and AS 14.14.110. Where the operation of a military reservation
01 school in the regional educational attendance area by a city or borough school district 02 is required by the department, the military reservation is not considered part of the 03 regional educational attendance area for the purposes of regional school board 04 membership or elections. 05 * Sec. 7. AS 14.08.041 is repealed and reenacted to read: 06 Sec. 14.08.041. Regional school board. (a) The regional educational 07 attendance area shall be operated on an areawide basis under the management and 08 control of the regional school board. 09 (b) The qualified voters of the communities receiving educational services in 10 the regional educational attendance area shall elect the regional school board of 11 11 members to be elected for the same term, in the same manner, and with the same 12 qualifications as a city or borough school district board under AS 14.12. The 13 department may, after consultation with communities in the regional educational 14 attendance area, provide for the election of a board member from a section of the 15 regional educational attendance area as provided under AS 14.08.051(b). 16 * Sec. 8. AS 14.08.045(b) is amended to read: 17 (b) A vacancy on the [A] regional school board shall be filled under 18 AS 14.12.070. 19 * Sec. 9. AS 14.08.051 is amended to read: 20 Sec. 14.08.051. School board sections. (a) The commissioner in consultation 21 with the Department of Community and Economic Development and the local 22 communities may divide the [A] regional educational attendance area into sections 23 only for the purpose of nominating and electing regional school board members. If 24 the voters in the [A] regional educational attendance area favor election of regional 25 school board members by sections under (b) of this section, the commissioner in 26 consultation with the Department of Community and Economic Development and the 27 local communities shall divide the regional educational attendance area into sections 28 for the purpose of nominating and electing regional school board members. If the [A] 29 regional educational attendance area is divided into sections , each school board 30 member shall represent, as nearly as practicable, an equal number of persons. The 31 basis for the division of the [A] regional educational attendance area into sections shall
01 be the total population of the area as reported in the most recent decennial federal 02 census. If the census is five years old or older, then other reliable population data, 03 including but not limited to population estimates based on public school enrollments, 04 public utility connections, registered voters, or certified employment payrolls, shall be 05 used as the basis for the division of the area into sections. Each section within the [A] 06 regional educational attendance area shall consist of compact, contiguous territory , and, 07 as far as practicable, each section shall contain an integrated socio-economic, 08 linguistically and culturally homogeneous area. In the division of the regional 09 educational [SCHOOL AND] attendance area into sections, consideration shall be 10 given to the transportation and communication network to facilitate the administration 11 of education and communication between communities that make up [COMPRISE] 12 the area. Whenever possible, municipalities, other governmental or regional corporate 13 entities, drainage basins, and other identifiable geographic features shall be used in 14 describing the boundaries of the sections. 15 (b) The division of the [A] regional educational attendance area into sections 16 or subsequent recasting of the section boundaries may be proposed by the regional 17 school board or by a petition. The election of each regional school board member 18 from a section by the voters of that section of the [A] regional educational attendance 19 area may be proposed by petition. A petition under this section shall be filed with the 20 director of elections and must contain signatures of qualified voters in the area equal 21 to eight percent of the total vote cast in the most recent regional school board election. 22 The division of the area into sections, election of each regional school board member 23 from a section by the voters of that section, or subsequent recasting of section 24 boundaries is subject to approval by a majority of the qualified voters voting on the 25 question in the regional educational attendance area at the next regular school board 26 election or a special election called for that purpose, and takes effect at the next 27 regular school board election. 28 (c) If the [A] regional educational attendance area has been divided into 29 sections, the commissioner shall recast the boundaries of the sections within 90 days 30 following the official reporting of the decennial federal census in accordance with (a) 31 of this section. If the census is five years old or older and other reliable population
01 data acceptable to the department that establishes that board members do not represent 02 as nearly as practicable equal numbers of people under the allocation of seats to a 03 multi-member section under (d) of this section, the commissioner may reallocate the 04 seats among the sections if reallocation will achieve as nearly as practicable equal 05 representation. Reallocation of seats takes effect at the next regular board election 06 after the reallocation. 07 (d) Multi-member sections may be created. However, 08 (1) each seat on the regional school board shall be designated by letter 09 or number , and , when the declaration of candidacy or other nomination papers of a 10 candidate for the regional school board are filed , those papers must indicate the seat 11 that the candidate seeks; and 12 (2) except as provided in (f) of this section, a section may not be 13 represented by more than 14 [(A)] three members [, IF A BOARD CONSISTS OF FIVE 15 MEMBERS; 16 (B) FOUR MEMBERS, IF A BOARD CONSISTS OF SEVEN 17 MEMBERS; 18 (C) FIVE MEMBERS, IF A BOARD CONSISTS OF NINE 19 MEMBERS; OR 20 (D) SIX MEMBERS, IF A BOARD CONSISTS OF 11 21 MEMBERS]. 22 (e) If the [A] regional educational attendance area has been divided into 23 sections, board members shall be residents of the section from which they are elected. 24 Board members shall be elected by the qualified voters of the entire regional 25 educational attendance area, unless the voters have approved election of members by 26 the voters of the section under (b) of this section. 27 (f) Upon the request of the [A] regional school board, the commissioner may 28 permit a section that contains more than one community to be represented by more 29 board members than the number set out in (d) [(d)(2)] of this section if the 30 commissioner determines that 31 (1) the section [REGIONAL EDUCATIONAL ATTENDANCE AREA]
01 has had a pattern of substantial population fluctuations between geographic areas 02 within the section [REGIONAL EDUCATIONAL ATTENDANCE AREA]; and 03 (2) compliance with the requirements of (d)(2) of this section could 04 result in continuous underrepresentation or [AND] overrepresentation of a community 05 [SECTIONS]. 06 (g) In a [REGIONAL EDUCATIONAL ATTENDANCE AREA] section 07 subject to (f) of this section, no more than two members may be elected from the same 08 community unless the population distribution requires otherwise. 09 * Sec. 10. AS 14.08.061(a) is amended to read: 10 (a) Members elected to the [A] regional school board shall serve staggered 11 three-year terms. However, 12 (1) the term of office of all of the members of the [A] regional school 13 board elected from the same multi-member section may not expire at the same time; 14 and 15 (2) for the first board elected, the term of office of each member shall 16 be determined by lot and [, ACCORDING TO THE FOLLOWING SCHEDULE: 17 (A) THE MEMBERS OF THE FIRST FIVE-MEMBER 18 SCHOOL BOARD SHALL HOLD OFFICE FOR TERMS AS FOLLOWS: 19 ONE MEMBER FOR A ONE-YEAR TERM; TWO FOR A TWO-YEAR 20 TERM AND TWO FOR A THREE-YEAR TERM; 21 (B) THE MEMBERS OF THE FIRST SEVEN-MEMBER 22 SCHOOL BOARD HOLD OFFICE FOR TERMS AS FOLLOWS: TWO 23 MEMBERS FOR A ONE-YEAR TERM; TWO FOR A TWO-YEAR TERM 24 AND THREE FOR A THREE-YEAR TERM; 25 (C) THE MEMBERS OF THE FIRST NINE-MEMBER 26 SCHOOL BOARD HOLD OFFICE FOR TERMS AS FOLLOWS: THREE 27 FOR A ONE-YEAR TERM; THREE FOR A TWO-YEAR TERM AND 28 THREE FOR A THREE-YEAR TERM; 29 (D)] the members shall [OF THE FIRST 11-MEMBER 30 SCHOOL BOARD] hold office for terms as follows: three for [A] one-year 31 terms [TERM], four for [A] two-year terms, [TERM] and four for [A] three-
01 year terms [TERM]. 02 * Sec. 11. AS 14.08.061(b) is amended to read: 03 (b) If the [A] regional educational attendance area is divided into sections 04 under AS 14.08.051 where the school board formerly was elected at large [, OR IF 05 THE NUMBER OF REGIONAL SCHOOL BOARD MEMBERS IS INCREASED OR 06 DECREASED BY THE QUALIFIED VOTERS IN THE REGIONAL 07 EDUCATIONAL ATTENDANCE AREA UNDER AS 14.08.041(b),] the term of 08 office of all members of the existing board shall terminate on the date on which the 09 new board members take office, and the provisions of (a) of this section are applicable 10 to the determination of the terms of office of the new members of the regional school 11 board [BOARDS]. 12 * Sec. 12. AS 14.08.071(b) is amended to read: 13 (b) A [EXCEPT FOR THE FIRST ELECTION OF] regional school board 14 election [MEMBERS UNDER (a) OF THIS SECTION, ELECTIONS] shall be held 15 annually on the first Tuesday in October. Elections shall be supervised by the director 16 of elections in the office of the lieutenant governor, but shall be administered within 17 second class cities as part of the regular municipal election. The lieutenant governor 18 shall adopt regulations for the conduct of the election of regional school board 19 members comparable, as far as practicable, to those prescribed for election of school 20 board members under AS 14.12 and AS 29.20.300 except that the majority election 21 requirements of AS 29.26.060 do not apply [TO,] nor may the regulations require 22 runoff elections [FOR, THE FIRST ELECTION OF REGIONAL SCHOOL BOARD 23 MEMBERS UNDER (a) OF THIS SECTION OR, IF A SCHOOL BOARD BY 24 RESOLUTION SO REQUESTS, TO SUBSEQUENT ELECTIONS IN THE 25 REGIONAL EDUCATIONAL ATTENDANCE AREA SERVED BY THAT SCHOOL 26 BOARD]. 27 * Sec. 13. AS 14.08.071(d) is amended to read: 28 (d) If the [A] regional school board adopts a resolution requesting that an 29 advisory question relating to education be placed on the [THAT] regional school 30 board's next election ballot, the division of elections shall place the advisory question 31 on the [THAT] regional school board's next election ballot. A resolution described in
01 this subsection must be filed with the division of elections on or before the first Friday 02 in August of the year in which the advisory question is required to be placed on the 03 ballot. An advisory question authorized under this subsection may not consist of more 04 than 100 words and shall be worded in a manner that allows the advisory question to 05 be answered with a "yes" to favor the question or "no" to oppose the question. 06 * Sec. 14. AS 14.08.081 is amended to read: 07 Sec. 14.08.081. Recall. The members of the [A] regional school board are 08 subject to recall in accordance with AS 29.26.240 - 29.26.360, except that the director 09 of elections shall perform the functions of a municipal clerk, the lieutenant governor 10 shall perform the functions of the assembly or council under those sections, and the 11 last regular election is the last regularly scheduled election held within the regional 12 educational attendance area. 13 * Sec. 15. AS 14.08.091(a) is amended to read: 14 (a) The regional school board [BOARDS] shall be organized in accordance 15 with AS 14.14.070, and, before taking office, each school board member shall take and 16 sign the oath or affirmation prescribed by AS 14.12.090. 17 * Sec. 16. AS 14.08.101 is amended to read: 18 Sec. 14.08.101. Powers. The [A] regional school board may 19 (1) sue and be sued; 20 (2) contract with the department, the Bureau of Indian Affairs, or any 21 other school district, agency, or regional board for the provision of services, facilities, 22 supplies, or utilities; 23 (3) determine its own fiscal procedures, including but not limited to 24 policies and procedures for the purchase of supplies and equipment; the regional school 25 board is [BOARDS ARE] exempt from AS 37.05 (Fiscal Procedures Act) and 26 AS 36.30 (State Procurement Code); 27 (4) appoint, compensate, and otherwise control all school employees 28 in accordance with this title; these employees are not subject to AS 39.25 (State 29 Personnel Act); 30 (5) adopt regulations governing organization, policies, and procedures 31 for the operation of the schools;
01 (6) establish, maintain, operate, discontinue, and combine schools 02 subject to the approval of the commissioner; 03 (7) recommend to the department projects for construction, 04 rehabilitation, and improvement of schools and education-related facilities as specified 05 in AS 14.11.011(b), and plan, design, and construct the project when the responsibility 06 for it is assumed under AS 14.11.020; 07 (8) by resolution adopted by a majority of all the members of the board 08 and provided to the commissioner of the department, assume ownership of all land and 09 buildings used in relation to the schools in the regional educational attendance area; 10 (9) provide housing for rental to teachers, by leasing existing housing 11 from a local agency or individual, or by entering into contractual arrangements with 12 a local agency or individual to lease housing that will be constructed by the local 13 agency or individual for that purpose; 14 (10) exercise those other functions that may be necessary for the proper 15 performance of its responsibilities; 16 (11) employ a chief school administrator. 17 * Sec. 17. AS 14.08.111 is amended to read: 18 Sec. 14.08.111. Duties. The [A] regional school board shall 19 (1) provide, during the school term of each year, an educational 20 program for each school age child who is a resident of the district; 21 (2) develop a philosophy of education, principles, and goals for its 22 schools; 23 (3) approve the employment of the professional administrators, teachers, 24 and noncertificated personnel necessary to operate its schools; 25 (4) establish the salaries to be paid its employees; 26 (5) designate the employees authorized to direct disbursements from the 27 school funds of the board; 28 (6) submit the reports prescribed for all school districts; 29 (7) provide for an annual audit in accordance with AS 14.14.050; 30 (8) provide custodial services and routine maintenance of school 31 buildings and facilities;
01 (9) establish procedures for the review and selection of all textbooks 02 and instructional materials before they are introduced into the school curriculum; the 03 review includes a review for violations of AS 14.18.060; 04 (10) provide prospective employees with information relating to the 05 availability and cost of housing in rural areas to which they might be assigned, and, 06 when possible, assist them in locating housing; however, nothing in this paragraph 07 requires the [A] regional school board to provide teacher housing, whether owned, 08 leased, or rented or otherwise provided by the regional educational attendance area, nor 09 does it require the board to engage in a subsidy program of any kind with respect to 10 teacher housing; and 11 (11) train persons required to report under AS 47.17.020, in the 12 recognition and reporting of child abuse, neglect, and sexual abuse of a minor. 13 * Sec. 18. AS 14.08.115(a) is amended to read: 14 (a) The [A] regional school board shall establish advisory school boards in 15 each community in the regional educational attendance area that has more than 50 16 permanent residents, and by regulation shall prescribe their manner of selection and 17 organization, and, in a manner consistent with (b) of this section, their powers and 18 duties. 19 * Sec. 19. AS 14.08.151 is amended to read: 20 Sec. 14.08.151. Land and building. (a) Except as provided in (b) of this 21 section, the ownership of land and buildings used in relation to regional educational 22 attendance area schools shall remain vested in the state, and use permits shall be given 23 to the regional school board [BOARDS]. 24 (b) The [A] regional school board may, by resolution, request, and the 25 commissioner of the department having responsibility shall convey, title to land and 26 buildings used in relation to regional educational attendance area schools. If the state 27 holds less than fee title to the land, the commissioner of the department having 28 responsibility shall convey the entire interest of the state in the land to the regional 29 school board. 30 * Sec. 20. AS 14.12.010 is amended to read: 31 Sec. 14.12.010. Districts of state public school system. The districts of the
01 state public school system are as follows: 02 (1) each home rule and first class city in the unorganized borough is 03 a city school district; 04 (2) each organized borough is a borough school district; 05 (3) the area outside organized boroughs and outside home rule and first 06 class cities is the [DIVIDED INTO] regional educational attendance area [AREAS]. 07 * Sec. 21. AS 14.12.020 is amended to read: 08 Sec. 14.12.020. Support, management, and control in general; military 09 reservation schools. (a) The [EACH] regional educational attendance area shall be 10 operated on an areawide basis under the management and control of the [A] regional 11 school board. The regional school board manages and controls schools on military 12 reservations within the [ITS] regional educational attendance area until the military 13 mission is terminated or so long as management and control by the regional 14 educational attendance area is approved by the department. However, operation of the 15 military reservation schools by a city or borough school district may be required by 16 the department under AS 14.14.110. If the military mission of a military reservation 17 terminates or continued management and control by the regional educational attendance 18 area is disapproved by the department, operation, management, and control of schools 19 on the military reservation transfers to the city or borough school district in which the 20 military reservation is located. 21 (b) A [EACH] borough or city school district shall be operated on a district- 22 wide basis under the management and control of a school board. 23 (c) The legislature shall provide the state money necessary to maintain and 24 operate the regional educational attendance area [AREAS]. The borough assembly for 25 a borough school district, and the city council for a city school district, shall provide 26 the money that must be raised from local sources to maintain and operate the district. 27 * Sec. 22. AS 14.12.030(d) is amended to read: 28 (d) The provisions of (a) and (b) of this section do not apply to a part of the 29 regional educational attendance area that converts to a city or borough school district. 30 The number of school board members may be changed by the qualified voters in a 31 district by placing the question on the ballot at a regular school board election in the
01 manner prescribed by law. 02 * Sec. 23. AS 14.12.170 is amended to read: 03 Sec. 14.12.170. Districts. For purposes of AS 14.12.150 - 14.12.180, the 04 regional educational attendance area [AREAS] shall be considered a district 05 [DISTRICTS]. 06 * Sec. 24. AS 14.30.400 is amended to read: 07 Sec. 14.30.400. Bilingual-bicultural education. A governing body [CITY 08 OR BOROUGH DISTRICT SCHOOL BOARDS AND REGIONAL EDUCATIONAL 09 ATTENDANCE AREA BOARDS] shall provide a bilingual-bicultural education 10 program for each school in a city or borough school district or the regional educational 11 attendance area that is attended by at least eight pupils of limited English-speaking 12 ability and whose primary language is other than English. A bilingual-bicultural 13 education program shall be provided under a plan of service that has been developed 14 in accordance with regulations adopted by the department. Nothing in this section 15 precludes a bilingual-bicultural education program from being provided for less than 16 eight pupils in a school. 17 * Sec. 25. AS 18.31.040 is amended to read: 18 Sec. 18.31.040. Duties of school officials. To assist in implementing the 19 asbestos health hazard abatement program, each city or borough school district and the 20 [EACH] regional educational attendance area shall 21 (1) maintain records of all inspections, including sample dates, location, 22 condition, and analysis of materials; 23 (2) notify school personnel of the location of asbestos materials and 24 ways to reduce exposure; 25 (3) notify the parents of students about the results of asbestos 26 inspections in their children's schools; 27 (4) either 28 (A) contract for the inspection of its school buildings in 29 compliance with Environmental Protection Agency asbestos regulations (40 30 C.F.R. Part 763) and in accordance with guidelines established by the 31 Department of Labor and Workforce Development and under the supervision
01 of the Department of Labor and Workforce Development; or 02 (B) notify the Department of Labor and Workforce 03 Development that the school district or regional educational attendance area has 04 not entered and does not intend to enter into a contract for an inspection for 05 asbestos health hazards; and 06 (5) contract for renovating school buildings to abate asbestos health 07 hazards, and supervise and monitor the renovation contracts, applying the standards in 08 AS 18.60.075 to protect the health of persons who renovate the school buildings. 09 * Sec. 26. AS 44.19.155(a) is amended to read: 10 (a) There is created in the Office of the Governor the Alaska Coastal Policy 11 Council. The council consists of the following: 12 (1) nine public members appointed by the governor from a list 13 composed [COMPRISED] of at least three names from each region, nominated by the 14 municipalities of each region; the nominees shall be the mayor or member of the 15 assembly or council of a municipality; one public member shall be appointed from 16 each of the following general regions: 17 (A) northwest Alaska, including, generally, the area of the North 18 Slope Borough and the Northwest Arctic Borough; 19 (B) Bering Straits [, INCLUDING, GENERALLY, THE AREA 20 OF THE BERING STRAITS REGIONAL EDUCATIONAL ATTENDANCE 21 AREA]; 22 (C) southwest Alaska, including, generally, [THE AREA 23 WITHIN THE LOWER YUKON, LOWER KUSKOKWIM, AND 24 SOUTHWEST REGIONAL EDUCATIONAL ATTENDANCE AREAS AND] 25 the Lake and Peninsula and Bristol Bay Boroughs; 26 (D) Kodiak-Aleutians, including the area of the Kodiak Island 27 and Aleutian East Boroughs [AND THE ALEUTIAN, ADAK AND PRIBILOF 28 REGIONAL EDUCATIONAL ATTENDANCE AREAS]; 29 (E) Upper Cook Inlet, including the Municipality of Anchorage 30 and the Matanuska-Susitna Borough; 31 (F) Lower Cook Inlet, including, generally, the area within the
01 Kenai Peninsula Borough; 02 (G) Prince William Sound, including, generally, the area east 03 of the Kenai Peninsula Borough to 141 W. longitude; 04 (H) northern Southeast Alaska, including the area southeast of 05 141 W. longitude and north of 57 N. latitude, including the entirety of the City 06 and Borough of Sitka; and 07 (I) southern Southeast Alaska, including that portion of 08 southeastern Alaska not contained within the area described in (H) of this 09 paragraph; 10 (2) each of the following: 11 (A) the director of the office of management and budget; 12 (B) the commissioner of community and economic 13 development; 14 (C) the commissioner of environmental conservation; 15 (D) the commissioner of fish and game; 16 (E) the commissioner of natural resources; and 17 (F) the commissioner of transportation and public facilities. 18 * Sec. 27. AS 44.33.844 is amended to read: 19 Sec. 44.33.844. Boundaries. The boundaries of an area studied shall conform 20 to the boundaries indicated in the request for the study under AS 44.33.842 unless the 21 commissioner, after a public hearing held in the area of the proposed study, determines 22 that the boundaries should be altered. In determining the boundaries of an area to be 23 studied, the commissioner shall consider 24 (1) the standards applicable to the incorporation of boroughs under 25 AS 29.05.031; 26 (2) boundaries of regional corporations established under 43 U.S.C. 27 1606; 28 (3) census divisions of the state used for the 1980 census; and 29 (4) [BOUNDARIES OF THE REGIONAL EDUCATIONAL 30 ATTENDANCE AREAS ESTABLISHED UNDER AS 14.08.031; AND 31 (5)] boundaries of coastal resource service areas organized under
01 AS 46.40.110 - 46.40.210. 02 * Sec. 28. AS 44.33.846(b) is amended to read: 03 (b) A study under this section must include 04 (1) a recommendation for or against incorporation of a borough 05 containing all or part of the area studied; 06 (2) an evaluation of the economic development potential of the area 07 studied; 08 (3) an evaluation of capital facility needs of the area studied; 09 (4) an evaluation of demographic, social, and environmental factors 10 affecting the area studied; 11 (5) an evaluation of the relationships among the regional educational 12 attendance area [AREAS], coastal resource service areas, and other regional entities 13 responsible for providing services in the area studied; 14 (6) an evaluation of the relationships between the existing cities within 15 the area studied and regional entities responsible for providing services in the area; and 16 (7) specific recommendations for 17 (A) organization of a home rule or general law borough 18 government if one is recommended; 19 (B) changes in organization of cities in the area studied; or 20 (C) the improvement of the delivery of services to the public 21 by the state in the area studied. 22 * Sec. 29. AS 46.40.120(a) is amended to read: 23 (a) Except as otherwise provided in this section, the [EACH] regional 24 educational attendance area established under AS 14.08.031 [CONTAINING A PART 25 OF THE COASTAL AREA] may be organized as a coastal resource service area. 26 * Sec. 30. AS 46.40.120(d) is amended to read: 27 (d) For purposes of coastal zone management only, the commissioner of 28 community and economic development may, after public hearings held in the affected 29 part of the regional educational attendance area [AFFECTED], divide the [AN 30 EXISTING] regional educational attendance area into no more than three coastal 31 resource service areas according to geographic, cultural, economic, environmental, or
01 other features relevant to coastal management planning. However , 02 (1) each coastal resource service area formed by dividing the [AN 03 EXISTING] regional educational attendance area must contain at least one first class 04 city or home rule city; 05 (2) a city within a coastal resource service area formed by dividing the 06 [AN EXISTING] regional educational attendance area may not elect to exclude itself 07 from the coastal resource service area; and 08 (3) a coastal resource service area formed before June 1, 1980, may not 09 be divided for coastal management planning purposes. 10 * Sec. 31. AS 46.40.140(f) is amended to read: 11 (f) Except for the first election of members of coastal resource service area 12 boards, elections shall be held annually on the date of election of members of the 13 regional educational attendance area board [BOARDS] under AS 14.08.071(b). For 14 an election under this subsection or under (e) of this section, a newly elected board 15 member takes office at the first coastal resource service area board meeting after 16 certification of the election. If no candidate files for election to a seat on the coastal 17 resource service area board, the seat is considered vacant at the time a newly elected 18 member would have taken office. 19 * Sec. 32. AS 46.40.140(g) is amended to read: 20 (g) A seat on a coastal resource service area board shall be declared vacant by 21 the board if the criteria under AS 14.08.045(a) apply to the person elected. A vacancy 22 on a coastal resource service area board shall be filled by appointment as provided in 23 AS 14.12.070 for vacancies in the membership of the regional educational attendance 24 area board [BOARDS]. 25 * Sec. 33. AS 14.08.071(a); AS 46.40.120(b), and 46.40.120(c) are repealed. 26 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 TRANSITION. (a) A term of a member of a school board of a regional educational 29 attendance area serving on the effective date of this Act is not affected by this Act until the 30 new regional school board is established under AS 14.08.041 as repealed and reenacted by 31 sec. 7 of this Act.
01 (b) The lieutenant governor shall hold the first election for members of the regional 02 school board created by this Act at the first general election following the effective date of 03 this Act. A regional educational attendance area shall continue to operate under the school 04 board existing on June 30, 1999, until the new regional school board is established under 05 AS 14.08.041, as repealed and reenacted by sec. 7 of this Act. 06 (c) A contract, right, liability, or obligation of a regional education attendance area 07 existing on the effective date of this Act remains in effect notwithstanding this Act's taking 08 effect. 09 (d) A record, equipment, or other property of a regional educational area existing on 10 the effective date of this Act shall be transferred to the regional educational attendance area 11 to implement the provisions of this Act. 12 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 REVISOR INSTRUCTIONS. (a) In the following statutes, the revisor of statutes is 15 instructed to change "a regional educational attendance area" to "the regional educational 16 attendance area": 17 (1) AS 11.76.133(d)(4); 18 (2) AS 11.81.430(a)(2); 19 (3) AS 14.03.150(c); 20 (4) AS 14.11.008(b); 21 (5) AS 14.11.011; 22 (6) AS 14.11.017(a); 23 (7) AS 14.11.020(b); 24 (8) AS 14.11.130; 25 (9) AS 14.17.490(a); 26 (10) AS 14.17.990(2); 27 (11) AS 14.18.090(a); 28 (12) AS 14.20.177(h); 29 (13) AS 14.30.030; 30 (14) AS 14.30.186(b); 31 (15) AS 14.30.350(10);
01 (16) AS 14.30.720(2); 02 (17) AS 14.56.120(e); 03 (18) AS 14.60.010(5) and (8); 04 (19) AS 21.09.270(b)(2); 05 (20) AS 21.10.065(c); 06 (21) AS 23.10.530(c); 07 (22) AS 23.40.200; 08 (23) AS 23.40.235; 09 (24) AS 29.35.160(a); 10 (25) AS 35.15.120(2); 11 (26) AS 36.15.050(2); 12 (27) AS 37.23.900; 13 (28) AS 39.25.110(6); 14 (29) AS 39.25.160(e)(6); 15 (30) AS 39.35.310(c); 16 (31) AS 41.15.180(h). 17 (b) In the following statutes, the revisor of statutes is instructed to change "regional 18 educational attendance areas" to "the regional educational attendance area" and to make related 19 grammatical changes: 20 (1) AS 14.03.085; 21 (2) AS 14.07.020(b); 22 (3) AS 14.07.085(b); 23 (4) AS 14.18.070; 24 (5) AS 14.18.090; 25 (6) AS 14.20.175; 26 (7) AS 14.30.410(b); 27 (8) AS 14.43.600(a)(4); 28 (9) AS 14.56.120; 29 (10) AS 15.13.145(a)(3); 30 (11) AS 18.31.030; 31 (12) AS 21.76.010(a);
01 (13) AS 41.15.180(a); 02 (14) AS 44.42.020(a)(15). 03 (c) In the following statutes, the revisor of statutes is instructed to change "A regional 04 school board" to "The regional school board" or "a regional school board" to "the regional 05 school board": 06 (1) AS 14.11.020(a), in two places; 07 (2) AS 35.15.080(f); 08 (3) AS 36.10.180(a)(1); 09 (4) AS 36.95.010(3). 10 * Sec. 36. This Act takes effect July 1, 2000.