CSHB 156(EDC) am: "An Act relating to the duties of the State Board of Education and Early Development, the Department of Education and Early Development, school boards, and school districts; relating to public school curriculum and assessments; relating to compliance with federal education laws; relating to public school accountability; relating to a statewide assessment plan and review of education laws and regulations; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 156(EDC) am 01 "An Act relating to the duties of the State Board of Education and Early Development, 02 the Department of Education and Early Development, school boards, and school 03 districts; relating to public school curriculum and assessments; relating to compliance 04 with federal education laws; relating to public school accountability; relating to a 05 statewide assessment plan and review of education laws and regulations; and providing 06 for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 14.03.120(f) is amended to read: 09 (f) By January 15 of each year, beginning in 2001, the department shall 10 provide to the governor and make available to the public and the legislature a report on 11 the performance of public schools in this state. The report must be entitled "Alaska's 12 Public Schools: A Report Card to the Public." The report must include 13 (1) comprehensive information on each public school compiled,
01 collected, and reported under (d) and (e) of this section for the prior school year; 02 (2) a summary of the information described in (1) of this subsection; 03 the summary must be prepared in a manner that allows school performance to be 04 measured against established state education standards; and 05 (3) for a report due by or after January 15, 2005, the most recent 06 performance designation under AS 14.03.123 received by each public school and by 07 the state public school system. 08 * Sec. 2. AS 14.03.123(b) is amended to read: 09 (b) The department shall inform the governing body of each district of the 10 performance designations [DESIGNATION] assigned to the district and to the state 11 public school system under (a) of this section. 12 * Sec. 3. AS 14.03.123(c) is amended to read: 13 (c) The state board shall adopt regulations implementing this section, 14 providing for a statewide student assessment system, and providing for the process of 15 assigning a designation under (a) of this section, including 16 (1) the methodology used to assign the performance designation, 17 including the measures used and their relative weights; 18 (2) a comparison of the state public school system to public schools 19 in other states, including a comparison of student participation in standards- 20 based assessments and student performance on the assessments; 21 (3) [(2)] high performance and low performance designations that are 22 based on the accountability system under this section; 23 (4) [(3)] a procedure for appealing a designation that may be used by 24 the principal of a public school or by the superintendent of a public school district; 25 (5) [(4)] additional measures that may be progressively implemented 26 by the commissioner to assist schools or districts to improve performance in 27 accordance with this section; [AND WITH FEDERAL LAW; TO THE EXTENT 28 NECESSARY TO CONFORM TO FEDERAL LAW,] the additional measures may 29 be unique to a certain school or district if that school or district receives federal 30 funding that is not available to all schools or districts in the state. 31 * Sec. 4. AS 14.03.123(d) is amended to read:
01 (d) A public school or district that receives a low performance designation 02 under this section shall prepare and submit to the department a school or district 03 improvement plan, as applicable, in accordance with regulations adopted by the board. 04 The improvement plan must be prepared with the maximum feasible public 05 participation of the community including, as appropriate, interested individuals, 06 teachers, parents, parent organizations, students, tribal organizations, local government 07 representatives, and other community groups. The improvement plan must, to the 08 extent possible, include measures that increase local control of education and 09 parental choice and that do not require a direct increase in state or federal 10 funding for the school or district. 11 * Sec. 5. AS 14.03.123(e) is amended to read: 12 (e) The department shall establish a program of special recognition for those 13 public schools that receive a high performance designation, based on the 14 accountability system under (f) of this section, that demonstrates 15 (1) an improvement over the school's performance designation for 16 the previous year; or 17 (2) maintenance of a proficient or high performance designation 18 from the previous year. 19 * Sec. 6. AS 14.03.123(f) is amended to read: 20 (f) In the accountability system for schools and districts required by this 21 section, the department shall 22 (1) [IMPLEMENT 20 U.S.C. 6301 - 7941 (ELEMENTARY AND 23 SECONDARY EDUCATION ACT OF 1965), AS AMENDED; 24 (2)] implement state criteria and priorities for accountability including 25 the use of 26 (A) measures of student performance on standards-based 27 assessments in language arts and mathematics; the assessments must be 28 selected with the input of teachers and school administrators and 29 minimize disruption to classroom instruction; 30 (B) measures of student improvement and academic 31 achievement; and
01 (C) other measures identified that are indicators of student 02 success and achievement; and 03 (2) [(3)] to the extent practicable, minimize the administrative burden 04 on districts. 05 * Sec. 7. AS 14.07.020(a) is amended to read: 06 (a) The department shall 07 (1) exercise general supervision over the public schools of the state 08 except the University of Alaska; 09 (2) study the conditions and needs of the public schools of the state, 10 adopt or recommend plans, administer and evaluate grants to improve school 11 performance awarded under AS 14.03.125, and adopt regulations for the improvement 12 of the public schools; the department may consult with the University of Alaska to 13 develop secondary education requirements to improve student achievement in 14 college preparatory courses; 15 (3) provide advisory and consultative services to all public school 16 governing bodies and personnel; 17 (4) prescribe by regulation a minimum course of study for the public 18 schools; the regulations must provide that, if a course in American Sign Language is 19 given, the course shall be given credit as a course in a foreign language; 20 (5) establish, in coordination with the Department of Health and Social 21 Services, a program for the continuing education of children who are held in detention 22 facilities in the state during the period of detention; 23 (6) accredit those public schools that meet accreditation standards 24 prescribed by regulation by the department; these regulations shall be adopted by the 25 department and presented to the legislature during the first 10 days of any regular 26 session, and become effective 45 days after presentation or at the end of the session, 27 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 28 the members of each house; 29 (7) prescribe by regulation, after consultation with the state fire 30 marshal and the state sanitarian, standards that will ensure [ASSURE] healthful and 31 safe conditions in the public and private schools of the state, including a requirement
01 of physical examinations and immunizations in pre-elementary schools; the standards 02 for private schools may not be more stringent than those for public schools; 03 (8) exercise general supervision over pre-elementary schools that 04 receive direct state or federal funding; 05 (9) exercise general supervision over elementary and secondary 06 correspondence study programs offered by municipal school districts or regional 07 educational attendance areas; the department may also offer and make available to any 08 Alaskan through a centralized office a correspondence study program; 09 (10) accredit private schools that request accreditation and that meet 10 accreditation standards prescribed by regulation by the department; nothing in this 11 paragraph authorizes the department to require religious or other private schools to be 12 licensed; 13 (11) review plans for construction of new public elementary and 14 secondary schools and for additions to and major rehabilitation of existing public 15 elementary and secondary schools and, in accordance with regulations adopted by the 16 department, determine and approve the extent of eligibility for state aid of a school 17 construction or major maintenance project; for the purposes of this paragraph, "plans" 18 include educational specifications, schematic designs, projected energy consumption 19 and costs, and final contract documents; 20 (12) provide educational opportunities in the areas of vocational 21 education and training, and basic education to individuals over 16 years of age who 22 are no longer attending school; the department may consult with businesses and 23 labor unions to develop a program to prepare students for apprenticeships or 24 internships that will lead to employment opportunities; 25 (13) administer the grants awarded under AS 14.11; 26 (14) establish, in coordination with the Department of Public Safety, a 27 school bus driver training course; 28 (15) require the reporting of information relating to school disciplinary 29 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 30 behavior; 31 (16) establish by regulation criteria, based on low student performance,
01 under which the department may intervene in a school district to improve instructional 02 practices, as described in AS 14.07.030(14) or (15); the regulations must include 03 (A) a notice provision that alerts the district to the deficiencies 04 and the instructional practice changes proposed by the department; 05 (B) an end date for departmental intervention, as described in 06 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 07 consecutive years of improvement consisting of not less than two percent 08 increases in student proficiency on standards-based assessments in language 09 arts and mathematics, as provided in AS 14.03.123(f)(1)(A) 10 [AS 14.03.123(f)(2)(A)]; and 11 (C) a process for districts to petition the department for 12 continuing or discontinuing the department's intervention; 13 (17) notify the legislative committees having jurisdiction over 14 education before intervening in a school district under AS 14.07.030(14) or redirecting 15 public school funding under AS 14.07.030(15). 16 [(18) REPEALED] 17 * Sec. 8. AS 14.07 is amended by adding a new section to read: 18 Sec. 14.07.175. Development of statewide assessment plan; review of 19 education laws and regulations. (a) Notwithstanding AS 14.03.078, 14.03.120, 20 14.03.123, 14.03.300, 14.03.310, AS 14.07.020, 14.07.030, 14.07.165, or a provision 21 of federal law to the contrary, the department may not require a school district or 22 school to administer a statewide standards-based assessment after July 1, 2016, and 23 before July 1, 2018. The department and the board shall create a plan for working with 24 school districts to develop or select statewide assessments that are approved by school 25 districts. The plan must provide for the first administration of the assessments not later 26 than the school year that begins in 2020. 27 (b) The department shall review state education laws and regulations to 28 identify unnecessary laws or regulations and areas where the laws or regulations may 29 be changed to provide school districts with greater control over public education 30 policy in light of the enactment of the Every Student Succeeds Act, P.L. 114-95. 31 (c) On or before January 1, 2018, the department shall submit a report to the
01 senate secretary and chief clerk of the house of representatives and notify the 02 legislature that the report is available. The report must describe 03 (1) the final plan for developing or selecting statewide assessments as 04 required under (a) of this section; and 05 (2) recommendations for changes in laws or regulations as required 06 under (b) of this section. 07 (d) In this section, "school district" has the meaning given in AS 14.30.350. 08 * Sec. 9. AS 14.08.111 is amended to read: 09 Sec. 14.08.111. Duties. A regional school board shall 10 (1) provide, during the school term of each year, an educational 11 program for each school age child who is enrolled in or a resident of the district; 12 (2) develop a philosophy of education, principles, and goals for its 13 schools; 14 (3) approve the employment of the professional administrators, 15 teachers, and noncertificated personnel necessary to operate its schools; 16 (4) establish the salaries to be paid its employees; 17 (5) designate the employees authorized to direct disbursements from 18 the school funds of the board; 19 (6) submit the reports prescribed for all school districts; 20 (7) provide for an annual audit in accordance with AS 14.14.050; 21 (8) provide custodial services and routine maintenance of school 22 buildings and facilities; 23 (9) establish procedures for the review and selection of all textbooks 24 and instructional materials, including textbooks and curriculum materials for statewide 25 correspondence programs, before they are introduced into the school curriculum; the 26 review includes a review for violations of AS 14.18.060; nothing in this paragraph 27 precludes a correspondence study student, or the parent or guardian of a 28 correspondence study student, from privately obtaining or using textbooks or 29 curriculum material not provided by the school district; 30 (10) provide prospective employees with information relating to the 31 availability and cost of housing in rural areas to which they might be assigned, and,
01 when possible, assist them in locating housing; however, nothing in this paragraph 02 requires a regional school board to provide teacher housing, whether owned, leased, or 03 rented or otherwise provided by the regional educational attendance area, nor does it 04 require the board to engage in a subsidy program of any kind with respect to teacher 05 housing; 06 (11) train persons required to report under AS 47.17.020, in the 07 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; and 08 (12) establish procedures for providing the training under 09 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.362, AS 14.33.100, [14.33.127,] 10 AS 18.66.310, and AS 47.17.022; the procedures established under this paragraph 11 must include a training schedule that ensures that not less than 50 percent of the total 12 certificated staff employed at a school receives all of the training not less than every 13 two years and that all of the certificated staff employed at each school receives all of 14 the training not less than every four years. 15 * Sec. 10. AS 14.08.111, as amended by sec. 6, ch. 2, SSSLA 2015, is amended to read: 16 Sec. 14.08.111. Duties. A regional school board shall 17 (1) provide, during the school term of each year, an educational 18 program for each school age child who is enrolled in or a resident of the district; 19 (2) develop a philosophy of education, principles, and goals for its 20 schools; 21 (3) approve the employment of the professional administrators, 22 teachers, and noncertificated personnel necessary to operate its schools; 23 (4) establish the salaries to be paid its employees; 24 (5) designate the employees authorized to direct disbursements from 25 the school funds of the board; 26 (6) submit the reports prescribed for all school districts; 27 (7) provide for an annual audit in accordance with AS 14.14.050; 28 (8) provide custodial services and routine maintenance of school 29 buildings and facilities; 30 (9) establish procedures for the review and selection of all textbooks 31 and instructional materials, including textbooks and curriculum materials for statewide
01 correspondence programs, before they are introduced into the school curriculum; the 02 review includes a review for violations of AS 14.18.060; nothing in this paragraph 03 precludes a correspondence study student, or the parent or guardian of a 04 correspondence study student, from privately obtaining or using textbooks or 05 curriculum material not provided by the school district; 06 (10) provide prospective employees with information relating to the 07 availability and cost of housing in rural areas to which they might be assigned, and, 08 when possible, assist them in locating housing; however, nothing in this paragraph 09 requires a regional school board to provide teacher housing, whether owned, leased, or 10 rented or otherwise provided by the regional educational attendance area, nor does it 11 require the board to engage in a subsidy program of any kind with respect to teacher 12 housing; 13 (11) train persons required to report under AS 47.17.020, in the 14 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; and 15 (12) establish procedures for providing the training under 16 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 17 AS 14.33.100, [14.33.127,] AS 18.66.310, and AS 47.17.022; the procedures 18 established under this paragraph must include a training schedule that ensures that not 19 less than 50 percent of the total certificated staff employed at a school receives all of 20 the training not less than every two years and that all of the certificated staff employed 21 at each school receives all of the training not less than every four years. 22 * Sec. 11. AS 14.14.090 is amended to read: 23 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 24 board shall 25 (1) determine and disburse the total amount to be made available for 26 compensation of all school employees and administrative officers; 27 (2) provide for, during the school term of each year, an educational 28 program for each school age child who is enrolled in or a resident of the district; 29 (3) withhold the salary for the last month of service of a teacher or 30 administrator until the teacher or administrator has submitted all summaries, statistics, 31 and reports that the school board may require by bylaws;
01 (4) transmit, when required by the assembly or council but not more 02 often than once a month, a summary report and statement of money expended; 03 (5) keep the minutes of meetings and a record of all proceedings of the 04 school board in a pertinent form; 05 (6) keep the records and files of the school board open to inspection by 06 the public at the principal administrative office of the district during reasonable 07 business hours; 08 (7) establish procedures for the review and selection of all textbooks 09 and instructional materials, including textbooks and curriculum materials for statewide 10 correspondence programs, before they are introduced into the school curriculum; the 11 review includes a review for violations of AS 14.18.060; nothing in this paragraph 12 precludes a correspondence study student, or the parent or guardian of a 13 correspondence study student, from privately obtaining or using textbooks or 14 curriculum material not provided by the school district; 15 (8) provide prospective employees with information relating to the 16 availability and cost of housing in rural areas to which they might be assigned, and, 17 when possible, assist them in locating housing; however, nothing in this paragraph 18 requires a school district to provide teacher housing, whether district owned, leased, 19 rented, or through other means, nor does it require a school board to engage in a 20 subsidy program of any kind regarding teacher housing; 21 (9) train persons required to report under AS 47.17.020, in the 22 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 23 (10) provide for the development and implementation of a preventative 24 maintenance program for school facilities; in this paragraph, "preventative 25 maintenance" means scheduled maintenance actions that prevent the premature failure 26 or extend the useful life of a facility, or a facility's systems and components, and that 27 are cost-effective on a life-cycle basis; 28 (11) establish procedures for providing the training under 29 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.362, AS 14.33.100, [14.33.127,] 30 AS 18.66.310, and AS 47.17.022; the procedures established under this paragraph 31 must include a training schedule that ensures that not less than 50 percent of the total
01 certificated staff employed at a school receives all of the training not less than every 02 two years and that all of the certificated staff employed at each school receives all of 03 the training not less than every four years. 04 * Sec. 12. AS 14.14.090, as amended by sec. 7, ch. 2, SSSLA 2015, is amended to read: 05 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 06 board shall 07 (1) determine and disburse the total amount to be made available for 08 compensation of all school employees and administrative officers; 09 (2) provide for, during the school term of each year, an educational 10 program for each school age child who is enrolled in or a resident of the district; 11 (3) withhold the salary for the last month of service of a teacher or 12 administrator until the teacher or administrator has submitted all summaries, statistics, 13 and reports that the school board may require by bylaws; 14 (4) transmit, when required by the assembly or council but not more 15 often than once a month, a summary report and statement of money expended; 16 (5) keep the minutes of meetings and a record of all proceedings of the 17 school board in a pertinent form; 18 (6) keep the records and files of the school board open to inspection by 19 the public at the principal administrative office of the district during reasonable 20 business hours; 21 (7) establish procedures for the review and selection of all textbooks 22 and instructional materials, including textbooks and curriculum materials for statewide 23 correspondence programs, before they are introduced into the school curriculum; the 24 review includes a review for violations of AS 14.18.060; nothing in this paragraph 25 precludes a correspondence study student, or the parent or guardian of a 26 correspondence study student, from privately obtaining or using textbooks or 27 curriculum material not provided by the school district; 28 (8) provide prospective employees with information relating to the 29 availability and cost of housing in rural areas to which they might be assigned, and, 30 when possible, assist them in locating housing; however, nothing in this paragraph 31 requires a school district to provide teacher housing, whether district owned, leased,
01 rented, or through other means, nor does it require a school board to engage in a 02 subsidy program of any kind regarding teacher housing; 03 (9) train persons required to report under AS 47.17.020, in the 04 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 05 (10) provide for the development and implementation of a preventative 06 maintenance program for school facilities; in this paragraph, "preventative 07 maintenance" means scheduled maintenance actions that prevent the premature failure 08 or extend the useful life of a facility, or a facility's systems and components, and that 09 are cost-effective on a life-cycle basis; 10 (11) establish procedures for providing the training under 11 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 12 AS 14.33.100, [14.33.127,] AS 18.66.310, and AS 47.17.022; the procedures 13 established under this paragraph must include a training schedule that ensures that not 14 less than 50 percent of the total certificated staff employed at a school receives all of 15 the training not less than every two years and that all of the certificated staff employed 16 at each school receives all of the training not less than every four years. 17 * Sec. 13. AS 14.16.020 is amended to read: 18 Sec. 14.16.020. Operation of state boarding schools. In the management of 19 state boarding schools, the board shall 20 (1) adopt a philosophy of education for state boarding schools; 21 (2) approve the employment of personnel necessary to operate state 22 boarding schools; 23 (3) establish the salaries and benefits to be paid teachers, excluding 24 administrators; 25 (4) designate the employees authorized to direct disbursements from 26 the money appropriated for the operation of state boarding schools and for the 27 construction of facilities; 28 (5) provide custodial services and routine maintenance of physical 29 facilities; 30 (6) establish procedures for the development and implementation of 31 curriculum and the selection and use of textbooks and instructional materials;
01 (7) prescribe health evaluation and placement screening programs for 02 newly admitted students; 03 (8) establish procedures for staff evaluation; and 04 (9) establish procedures for providing the training under AS 14.18.060, 05 AS 14.20.149, 14.20.680, AS 14.30.362, AS 14.33.100, [14.33.127,] AS 18.66.310, 06 and AS 47.17.022; the procedures established under this paragraph must include a 07 training schedule that ensures that not less than 50 percent of the total certificated staff 08 employed at a school receives all of the training not less than every two years and that 09 all of the certificated staff employed at each school receives all of the training not less 10 than every four years. 11 * Sec. 14. AS 14.16.020, as amended by sec. 8, ch. 2, SSSLA 2015, is amended to read: 12 Sec. 14.16.020. Operation of state boarding schools. In the management of 13 state boarding schools, the board shall 14 (1) adopt a philosophy of education for state boarding schools; 15 (2) approve the employment of personnel necessary to operate state 16 boarding schools; 17 (3) establish the salaries and benefits to be paid teachers, excluding 18 administrators; 19 (4) designate the employees authorized to direct disbursements from 20 the money appropriated for the operation of state boarding schools and for the 21 construction of facilities; 22 (5) provide custodial services and routine maintenance of physical 23 facilities; 24 (6) establish procedures for the development and implementation of 25 curriculum and the selection and use of textbooks and instructional materials; 26 (7) prescribe health evaluation and placement screening programs for 27 newly admitted students; 28 (8) establish procedures for staff evaluation; and 29 (9) establish procedures for providing the training under AS 14.18.060, 30 AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, AS 14.33.100, 31 [14.33.127,] AS 18.66.310, and AS 47.17.022; the procedures established under this
01 paragraph must include a training schedule that ensures that not less than 50 percent of 02 the total certificated staff employed at a school receives all of the training not less than 03 every two years and that all of the certificated staff employed at each school receives 04 all of the training not less than every four years. 05 * Sec. 15. AS 14.07.175 is repealed July 1, 2020. 06 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: REGULATIONS. The Department of Education and Early 09 Development may adopt regulations necessary to implement the changes made by this Act. 10 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 11 effective date of the law implemented by the regulations. 12 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 13 * Sec. 18. Sections 10, 12, and 14 of this Act take effect on the effective date of sec. 14, ch. 14 2, SSSLA 2015. 15 * Sec. 19. Except as provided in secs. 17 and 18 of this Act, this Act takes effect July 1, 16 2016.