CSSB 104(2d FIN): "An Act relating to the duties of the Department of Education and Early Development; relating to the duties of the state Board of Education and Early Development; relating to school curricula; and relating to a system for managing student information and records related to individualized education programs for children with disabilities."
00 CS FOR SENATE BILL NO. 104(2d FIN) 01 "An Act relating to the duties of the Department of Education and Early Development; 02 relating to the duties of the state Board of Education and Early Development; relating to 03 school curricula; and relating to a system for managing student information and records 04 related to individualized education programs for children with disabilities." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.07.030 is amended by adding a new subsection to read: 07 (b) The department may not require a school district to review textbooks, 08 instructional materials, or curricula more frequently than once every 10 years. 09 * Sec. 2. AS 14.07.165 is amended by adding a new subsection to read: 10 (c) Every five years, the board shall review the mathematics and English and 11 language arts curricula used in the state to ensure the curricula are still effective and 12 are being taught using best practices. 13 * Sec. 3. AS 14.07 is amended by adding new sections to read: 14 Sec. 14.07.180. Curricula approval and review; pilot program; incentives.
01 (a) Notwithstanding any other provision of law, the board shall establish standards and 02 a procedure for the review, ranking, and approval of mathematics and English and 03 language arts curricula for school districts to use in each grade level as provided in this 04 section. 05 (b) The department, in consultation with school districts, shall review 06 mathematics and English and language arts curricula used in schools in the state and in 07 other states and countries. Not later than July 1, 2019, the department shall identify the 08 best mathematics and English and language arts curricula and the best teaching 09 practices for each of the curricula. 10 (c) The department shall submit the curricula and teaching practices that the 11 department identifies as the best under (b) of this section to the board for approval, 12 including evidence supporting the department's selection, if the department concludes 13 that the curricula and best practices 14 (1) are appropriate; 15 (2) are in compliance with the nondiscrimination standards established 16 under AS 14.18.060(b); 17 (3) are aligned with state education standards; and 18 (4) result in improved academic achievement for students. 19 (d) The board may approve curricula submitted under (c) of this section if the 20 curricula are consistent with the standards established by the board under (a) of this 21 section. The department shall place the curricula approved by the board into two 22 categories as follows: 23 (1) incentivized curricula for the best curricula for each subject, based 24 on evidence provided to the department; the department may place not more than two 25 curricula in this category for each subject; 26 (2) designated effective curricula for the curricula for each subject that 27 are not incentivized curricula but that the department finds appropriate and effective 28 based on factual and other evidence provided to the department. 29 (e) A three-year pilot program is established in the department, starting in the 30 2019-2020 school year, to test the appropriateness and effectiveness of the 31 incentivized curricula approved under (d) of this section. In conducting the program,
01 the department shall 02 (1) establish an application process for school districts to apply for 03 participation in the program; 04 (2) select five school districts from those that apply to participate in the 05 program, including at least two rural and two urban school districts, basing the 06 selection of the school districts on the readiness and capacity of each district; 07 (3) assign to each participating school district the incentivized 08 mathematics curriculum or the incentivized English and language arts curriculum; the 09 department shall assign the mathematics curriculum to one rural and one urban school 10 district and the English and language arts curriculum to one rural and one urban school 11 district; 12 (4) starting in the 2019-2020 school year, distribute incentive 13 payments, not to exceed $10,000,000 in total, to the five school districts to assist with 14 the purchase and implementation of the curricula, including best teaching practices, 15 and purchase of instructional materials. 16 (f) At the completion of the pilot program under (e) of this section, the 17 department shall 18 (1) if the department finds that the incentivized curricula tested in the 19 pilot program are appropriate and effective, submit the findings to the board; and 20 (2) if the board finds that the curricula tested in the pilot program are 21 appropriate and effective, make the curricula and one-time incentive payments under 22 (g) of this section available to all school districts starting in the 2022-2023 school year 23 and ending in the 2024-2025 school year. 24 (g) The department may distribute an incentive payment available to a school 25 district in an amount that is not more than the school district's ADM multiplied by 26 150, subject to availability of funding, if the governing body of the school district 27 (1) selects one of the incentivized curricula for implementation in the 28 school district in an eligible school year under (f)(2) of this section; 29 (2) requests an incentive payment from the department; 30 (3) has not previously implemented the incentivized curricula; and 31 (4) demonstrates to the satisfaction of the department the readiness and
01 capacity of the school district to implement the curricula. 02 (h) In addition to any unexpended money under (e)(4) of this section, the 03 department may distribute not more than $20,000,000 in incentive payments under (f) 04 and (g) of this section. 05 (i) The department shall publish on the department's Internet website and 06 make available to the public 07 (1) all curricula used by school districts in the state for all subjects, 08 whether or not the curricula are approved; and 09 (2) the curricula approved under (d) of this section. 10 (j) The department shall submit an electronic report to the legislature and 11 make the report available to the public on the department's Internet website. The report 12 must provide information on the pilot project and the curricula that each school district 13 has adopted. On or before January 15, 2019, and each year thereafter, the department 14 shall submit the report required under this subsection to the senate secretary and the 15 chief clerk of the house of representatives and notify the legislature that the report is 16 available. 17 (k) Each school district shall submit to the department the relevant 18 information needed for the department to carry out its duties under this section. 19 (l) Payments for curricula implementation under the pilot program described 20 in (e) of this section and incentive payments under (f) and (g) of this section are 21 subject to appropriation. If insufficient funding is available to distribute payments to 22 all school districts that request funding in a year under (g) of this section, the 23 department may distribute payments to the remaining school districts the following 24 school year. 25 (m) If the applications for participation in the pilot program are insufficient to 26 meet the requirements under (e) of this section, the department may select five school 27 districts from those that apply, taking into consideration geographical diversity. 28 (n) Beginning with the 2025-2026 school year, the department may distribute 29 incentive payments to school districts that use curricula reviewed and approved by the 30 board under AS 14.07.165(c). The department may provide incentive payments, 31 subject to appropriation, to school districts based on the readiness and capacity of the
01 school district as determined by the department. 02 (o) In this section, 03 (1) "rural" has the meaning given in AS 14.43.700; 04 (2) "school district" has the meaning given in AS 14.30.350; 05 (3) "school district's ADM" has the meaning given to "district ADM" 06 in AS 14.17.990; 07 (4) "urban" means a community other than a community described in 08 AS 14.43.700. 09 Sec. 14.07.182. Curriculum improvement and best practices fund. (a) The 10 curriculum improvement and best practices fund is established. The fund consists of 11 appropriations, not to exceed $30,000,000, for distribution to school districts. 12 (b) Money appropriated to the fund may be expended by the department as 13 provided under AS 14.07.180, without further appropriation. 14 (c) Nothing in this section creates a dedicated fund. 15 (d) Appropriations to the fund do not lapse. 16 * Sec. 4. AS 14.08.111 is amended to read: 17 Sec. 14.08.111. Duties. A regional school board shall 18 (1) provide, during the school term of each year, an educational 19 program for each school age child who is enrolled in or a resident of the district; 20 (2) develop a philosophy of education, principles, and goals for its 21 schools; 22 (3) approve the employment of the professional administrators, 23 teachers, and noncertificated personnel necessary to operate its schools; 24 (4) establish the salaries to be paid its employees; 25 (5) designate the employees authorized to direct disbursements from 26 the school funds of the board; 27 (6) submit the reports prescribed for all school districts; 28 (7) provide for an annual audit in accordance with AS 14.14.050; 29 (8) provide custodial services and routine maintenance of school 30 buildings and facilities; 31 (9) establish procedures for the review and selection of all textbooks
01 and instructional materials at least once every 10 years, including textbooks and 02 curriculum materials for statewide correspondence programs, before they are 03 introduced into the school curriculum; the review includes a review for violations of 04 AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 05 the parent or guardian of a correspondence study student, from privately obtaining or 06 using textbooks or curriculum material not provided by the school district; 07 (10) provide prospective employees with information relating to the 08 availability and cost of housing in rural areas to which they might be assigned, and, 09 when possible, assist them in locating housing; however, nothing in this paragraph 10 requires a regional school board to provide teacher housing, whether owned, leased, or 11 rented or otherwise provided by the regional educational attendance area, nor does it 12 require the board to engage in a subsidy program of any kind with respect to teacher 13 housing; 14 (11) train persons required to report under AS 47.17.020, in the 15 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; and 16 (12) establish procedures for providing the training under 17 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 18 AS 14.33.100, AS 18.66.310, and AS 47.17.022; the procedures established under this 19 paragraph must include a training schedule that ensures that not less than 50 percent of 20 the total certificated staff employed by the district receive all of the training not less 21 than every two years and that all of the certificated staff employed by the district 22 receive all of the training not less than every four years. 23 * Sec. 5. AS 14.14.090 is amended to read: 24 Sec. 14.14.090. Duties of school boards. In addition to other duties, a school 25 board shall 26 (1) determine and disburse the total amount to be made available for 27 compensation of all school employees and administrative officers; 28 (2) provide for, during the school term of each year, an educational 29 program for each school age child who is enrolled in or a resident of the district; 30 (3) withhold the salary for the last month of service of a teacher or 31 administrator until the teacher or administrator has submitted all summaries, statistics,
01 and reports that the school board may require by bylaws; 02 (4) transmit, when required by the assembly or council but not more 03 often than once a month, a summary report and statement of money expended; 04 (5) keep the minutes of meetings and a record of all proceedings of the 05 school board in a pertinent form; 06 (6) keep the records and files of the school board open to inspection by 07 the public at the principal administrative office of the district during reasonable 08 business hours; 09 (7) establish procedures for the review and selection of all textbooks 10 and instructional materials at least once every 10 years, including textbooks and 11 curriculum materials for statewide correspondence programs, before they are 12 introduced into the school curriculum; the review includes a review for violations of 13 AS 14.18.060; nothing in this paragraph precludes a correspondence study student, or 14 the parent or guardian of a correspondence study student, from privately obtaining or 15 using textbooks or curriculum material not provided by the school district; 16 (8) provide prospective employees with information relating to the 17 availability and cost of housing in rural areas to which they might be assigned, and, 18 when possible, assist them in locating housing; however, nothing in this paragraph 19 requires a school district to provide teacher housing, whether district owned, leased, 20 rented, or through other means, nor does it require a school board to engage in a 21 subsidy program of any kind regarding teacher housing; 22 (9) train persons required to report under AS 47.17.020, in the 23 recognition and reporting of child abuse, neglect, and sexual abuse of a minor; 24 (10) provide for the development and implementation of a preventive 25 maintenance program for school facilities; in this paragraph, "preventive maintenance" 26 means scheduled maintenance actions that prevent the premature failure or extend the 27 useful life of a facility, or a facility's systems and components, and that are cost- 28 effective on a life-cycle basis; 29 (11) establish procedures for providing the training under 30 AS 14.18.060, AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, 31 AS 14.33.100, 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 by the district receive all of the training not less 03 than every two years and that all of the certificated staff employed by the district 04 receive all of the training not less than every four years. 05 * Sec. 6. AS 14.16.020 is amended to read: 06 Sec. 14.16.020. Operation of state boarding schools. In the management of 07 state boarding schools, the board shall 08 (1) adopt a philosophy of education for state boarding schools; 09 (2) approve the employment of personnel necessary to operate state 10 boarding schools; 11 (3) establish the salaries and benefits to be paid teachers, excluding 12 administrators; 13 (4) designate the employees authorized to direct disbursements from 14 the money appropriated for the operation of state boarding schools and for the 15 construction of facilities; 16 (5) provide custodial services and routine maintenance of physical 17 facilities; 18 (6) establish procedures for the development and implementation of 19 curriculum and the selection and use of textbooks and instructional materials; the 20 procedures must require a review of textbooks and instructional materials at 21 least once every 10 years; 22 (7) prescribe health evaluation and placement screening programs for 23 newly admitted students; 24 (8) establish procedures for staff evaluation; and 25 (9) establish procedures for providing the training under AS 14.18.060, 26 AS 14.20.149, 14.20.680, AS 14.30.355, 14.30.356, 14.30.362, AS 14.33.100, 27 AS 18.66.310, and AS 47.17.022; the procedures established under this paragraph 28 must include a training schedule that ensures that not less than 50 percent of the total 29 certificated staff employed by the district receive all of the training not less than every 30 two years and that all of the certificated staff employed by the district receive all of the 31 training not less than every four years.
01 * Sec. 7. AS 14.30.285 is amended by adding a new subsection to read: 02 (h) The department shall make available to school districts an electronic 03 system for managing student information and tracking records relating to 04 individualized education programs for children with disabilities. The system must, to 05 the extent permitted by federal law, allow school districts to transfer special education 06 records for a student when the student transfers to a different school district. If the 07 governing body of a school district elects to use the system selected by the department, 08 the department shall provide the school district with the system, including any 09 software necessary to implement the system, at no charge to the school district. The 10 department may not require a school district to use the system selected by the 11 department. 12 * Sec. 8. AS 14.07.180(e), 14.07.180(f), 14.07.180(g), 14.07.180(h), 14.07.180(j), 13 14.07.180(l), and 14.07.180(m) are repealed July 1, 2025. 14 * Sec. 9. 4 AAC 05.080(e) is annulled.