SB 136: "An Act providing for the establishment of public schools through state-tribal compacts."
00 SENATE BILL NO. 136 01 "An Act providing for the establishment of public schools through state-tribal 02 compacts." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.07.165(a) is amended to read: 05 (a) The board shall adopt 06 (1) statewide goals and require each governing body to adopt written 07 goals that are consistent with local needs; 08 (2) regulations regarding the application for and award of grants under 09 AS 14.03.125; 10 (3) regulations implementing provisions of AS 14.11.014(b); 11 (4) regulations requiring approval by the board before a charter school, 12 state boarding school, state-tribal education compact school, or a public school may 13 provide domiciliary services; 14 (5) [REPEALED]
01 * Sec. 2. AS 14.16 is amended by adding new sections to read: 02 Article 3. State-Tribal Education Compact Schools. 03 Sec. 14.16.300. State-tribal education compacts. (a) The commissioner may 04 enter into compacts with federally recognized tribes in the state for the establishment 05 of state-tribal education compact schools. The commissioner shall prescribe an 06 application procedure for the approval of compacts consistent with AS 14.16.300 - 07 14.16.340. 08 (b) To initiate the application procedure described in (a) of this section, a 09 governing body of a federally recognized tribe in the state must submit to the 10 commissioner a resolution and an application in a form approved by the commissioner 11 that 12 (1) indicates the grade or grades from kindergarten through grade 12 13 that the school will offer; and 14 (2) demonstrates that operation of the school will comply with all 15 applicable laws and regulations and the terms and conditions prescribed by the 16 commissioner. 17 (c) Within 90 days after receiving a resolution and application described in (b) 18 of this section, the commissioner shall convene a meeting with the governing body of 19 the applicant tribe for the purpose of considering the resolution and application and 20 initiating negotiations. 21 (d) A compact entered into under this section must include provisions relating 22 to 23 (1) compliance; 24 (2) notices of violation; 25 (3) dispute resolution, which may include nonjudicial processes such 26 as mediation; 27 (4) recordkeeping and auditing; 28 (5) the delineation of roles and responsibilities; 29 (6) the term of the compact and whether the compact is renewable; and 30 (7) termination of the compact. 31 Sec. 14.16.310. Applicability of education laws. A state-tribal education
01 compact school is a public school of the state. The following provisions apply with 02 respect to the operation and management of a state-tribal education compact school as 03 if the school were a school district: 04 (1) requirements relating to school district operations: 05 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 06 session, and school holidays); 07 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 08 applicable to school district operations); 09 (C) regulations adopted by the board under authority of 10 AS 14.07.020(a) that are applicable to school districts and their schools, unless 11 the board specifically exempts state-tribal education compact schools from 12 compliance with a regulation; 13 (D) AS 14.12.150 (authorizing school districts to establish and 14 participate in the services of a regional resource center); 15 (E) AS 14.14.050 (imposing the requirement of an annual 16 audit); 17 (F) AS 14.14.110 (authorizing cooperation with other school 18 districts); 19 (G) AS 14.14.140(b) (establishing a prohibition on 20 employment of a relative of the chief school administrator); 21 (H) AS 14.18 (prohibiting discrimination based on sex or race 22 in public education); 23 (2) requirements relating to the public school funding program and the 24 receipt and expenditure of that funding: 25 (A) AS 14.17.500 (relating to student count estimates); 26 (B) AS 14.17.505 (relating to school operating fund balances); 27 (C) AS 14.17.600 - 14.17.910 (setting out the procedure for 28 payment of public school funding and imposing general requirements and 29 limits on money paid); 30 (3) requirements relating to teacher employment and retirement: 31 (A) AS 14.14.105 and 14.14.107 (relating to sick leave);
01 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 02 tenure of teachers); 03 (C) AS 14.20.220 (relating to the salaries of teachers 04 employed); 05 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 06 provisions for teachers); 07 (E) AS 23.40.070 - 23.40.260 (authorizing collective 08 bargaining by certificated employees), except with regard to teachers who are 09 administrators and except that the board may delegate some or all of its 10 responsibilities under those statutes; 11 (F) AS 14.25 (provisions regarding the teachers' retirement 12 system); 13 (4) requirements relating to students and educational programs: 14 (A) AS 14.30.180 - 14.30.350 (relating to educational services 15 for children with disabilities); 16 (B) AS 14.30.360 - 14.30.370 (establishing health education 17 program standards); 18 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 19 bicultural education). 20 Sec. 14.16.320. Admission. (a) A state-tribal education compact school may 21 not charge tuition, except to the extent that a school district may charge tuition with 22 respect to a person over school age under AS 14.03.080(b), but may charge fees for 23 participation in optional extracurricular activities. 24 (b) A state-tribal education compact school may not limit admission on a basis 25 other than age group, grade level, or capacity and shall otherwise enroll all eligible 26 students who submit a timely application. If capacity is insufficient to enroll all 27 eligible students who submit a timely application, a state-tribal education compact 28 school may prioritize the enrollment of members of the tribe party to the compact and 29 siblings of students already enrolled in the school. 30 Sec. 14.16.330. Financial provisions applicable to a state-tribal education 31 compact school. (a) AS 14.17.445 applies to the calculation of public school funding
01 payable for operation of a state-tribal education compact school. 02 (b) In the transmittals required by AS 37.07.060 and 37.07.062, the governor 03 shall request amounts for the expenses of construction, rehabilitation, and 04 improvement of the facilities of a state-tribal education compact school. 05 (c) Unless specified otherwise in any appropriation bill, AS 37.25.010 does 06 not apply to an appropriation made for the purposes of (a) of this section. 07 (d) AS 37.25.020 applies to money appropriated for the purposes of (b) of this 08 section. 09 (e) For purposes of application for and receipt of federal aid to education, a 10 state-tribal education compact school constitutes a local educational agency. 11 Sec. 14.16.340. Employment. (a) The employees of a state-tribal education 12 compact school are state employees. 13 (b) A state-tribal education compact school may adopt a policy that gives 14 employment preference to members of federally recognized tribes. 15 * Sec. 3. AS 14.17.300(a) is amended to read: 16 (a) The public education fund is established. The fund consists of 17 appropriations for 18 (1) distribution to school districts, to the state boarding school, to a 19 state-tribal education compact school, and for centralized correspondence study 20 under this chapter; and 21 (2) transportation of pupils under AS 14.09.010. 22 * Sec. 4. AS 14.17.400(b) is amended to read: 23 (b) If the amount appropriated to the public education fund for purposes of 24 this chapter is insufficient to meet the amounts authorized under (a) of this section for 25 a fiscal year, the department shall reduce pro rata each district's basic need by the 26 necessary percentage as determined by the department. If the basic need of each 27 district is reduced under this subsection, the department shall also reduce state funding 28 for centralized correspondence study, [AND] the state boarding school, and state- 29 tribal education compact schools by the same percentage. 30 * Sec. 5. AS 14.17 is amended by adding a new section to read: 31 Sec. 14.17.445. State funding for state-tribal education compact schools.
01 (a) Except as provided in AS 14.17.400(b), funding for state-tribal education compact 02 schools established under AS 14.16.300 includes an allocation from the public 03 education fund in an amount calculated by 04 (1) determining the ADM of state-tribal education compact schools by 05 applying the school size factor to the student count as described in AS 14.17.450; 06 (2) multiplying the number obtained under (1) of this subsection by the 07 special needs factor in AS 14.17.420(a)(1) and the secondary school vocational and 08 technical instruction funding factor set out in AS 14.17.420(a)(3) and multiplying that 09 product by the base student allocation; and 10 (3) multiplying the product determined under (2) of this subsection by 11 the district cost factor that is applicable to calculation of the state aid for the adjacent 12 school district under AS 14.17.460. 13 (b) In addition to the funding calculated under (a) of this section, state-tribal 14 education compact schools are eligible for intensive services funding under 15 AS 14.17.420(a)(2). 16 * Sec. 6. AS 14.18.110 is amended by adding a new subsection to read: 17 (b) Nothing in this chapter prohibits state-tribal education compact schools 18 established under AS 14.16.300 from prioritizing the employment of members of 19 federally recognized tribes or the admission of members of the tribe party to the 20 compact if capacity is insufficient to enroll all eligible students who submit a timely 21 application. 22 * Sec. 7. AS 14.30.010(b) is amended to read: 23 (b) This section does not apply if a child 24 (1) is provided an academic education comparable to that offered by 25 the public schools in the area, either by 26 (A) attendance at a private school in which the teachers are 27 certificated according to AS 14.20.020; 28 (B) tutoring by personnel certificated according to 29 AS 14.20.020; or 30 (C) attendance at an educational program operated in 31 compliance with AS 14.45.100 - 14.45.200 by a religious or other private
01 school; 02 (2) attends a school operated by the federal government; 03 (3) has a physical or mental condition that a competent medical 04 authority determines will make attendance impractical; 05 (4) is in the custody of a court or law enforcement authorities; 06 (5) is temporarily ill or injured; 07 (6) has been suspended or expelled under AS 14.03.160 or suspended 08 or denied admittance under AS 14.30.045; 09 (7) resides more than two miles from either a public school or a route 10 on which transportation is provided by the school authorities, except that this 11 paragraph does not apply if the child resides within two miles of a federal or private 12 school that the child is eligible and able to attend; 13 (8) is excused by action of the school board of the district at a regular 14 meeting or by the district superintendent subject to approval by the school board of the 15 district at the next regular meeting; 16 (9) has completed the 12th grade; 17 (10) is enrolled in 18 (A) a state boarding school established under AS 14.16.010; 19 [AS 14.16; OR] 20 (B) a full-time program of correspondence study approved by 21 the department; in those school districts providing an approved correspondence 22 study program, a student may be enrolled either in the district correspondence 23 program or in the centralized correspondence study program; or 24 (C) a state-tribal education compact school established 25 under AS 14.16.300; 26 (11) is equally well-served by an educational experience approved by 27 the school board as serving the child's educational interests despite an absence from 28 school, and the request for excuse is made in writing by the child's parents or guardian 29 and approved by the principal or administrator of the school that the child attends; 30 (12) is being educated in the child's home by a parent or legal 31 guardian.
01 * Sec. 8. AS 14.30.186(a) is amended to read: 02 (a) Special education and related services shall be provided by 03 (1) a borough or city school district for a child with a disability 04 residing within the district; 05 (2) the board of a regional educational attendance area operating a 06 school in the area for a child with a disability residing in the area served by the school; 07 (3) the borough, city school district, or regional educational attendance 08 area in which a treatment facility or a correctional or youth detention facility is located 09 for a child with a disability placed at the facility; 10 (4) a state boarding school established under AS 14.16.010 [AS 14.16] 11 for a child with a disability enrolled at a state boarding school; [OR] 12 (5) a school district that provides a statewide correspondence study 13 program for a child with a disability who is enrolled in the program; or 14 (6) a state-tribal education compact school established under 15 AS 14.16.300 for a child with a disability enrolled at a state-tribal education 16 compact school. 17 * Sec. 9. AS 14.30.350(8) is amended to read: 18 (8) "school district" means a borough school district, a city school 19 district, a regional educational attendance area, a state boarding school, a state-tribal 20 education compact school, and the state centralized correspondence study program; 21 * Sec. 10. AS 14.43.849(5) is amended to read: 22 (5) "school district" means a borough school district, a city school 23 district, a regional educational attendance area, a state-tribal education compact 24 school, and a state boarding school. 25 * Sec. 11. AS 14.43.915(f)(2) is amended to read: 26 (2) "district" has the meaning given in AS 14.17.990, but also includes 27 a state boarding school under AS 14.16.010 and a state-tribal education compact 28 school under AS 14.16.300 [AS 14.16]. 29 * Sec. 12. AS 21.96.070(g)(1) is amended to read: 30 (1) "school district" means a borough school district, a city school 31 district, a regional educational attendance area, a state-tribal education compact
01 school, or a state boarding school; 02 * Sec. 13. AS 23.40.200(c) is amended to read: 03 (c) The class in (a)(2) of this section is composed of public utility, snow 04 removal, sanitation, and educational institution employees other than employees of a 05 school district, a regional educational attendance area, a state-tribal education 06 compact school, or a state boarding school. Employees in this class may engage in a 07 strike after mediation, subject to the voting requirement of (d) of this section, for a 08 limited time. The limit is determined by the interests of the health, safety, or welfare 09 of the public. The public employer or the labor relations agency may apply to the 10 superior court in the judicial district in which the strike is occurring for an order 11 enjoining the strike. A strike may not be enjoined unless it can be shown that it has 12 begun to threaten the health, safety, or welfare of the public. A court, in deciding 13 whether or not to enjoin the strike, shall consider the total equities in the particular 14 class. "Total equities" includes not only the effect of a strike on the public but also the 15 extent to which employee organizations and public employers have met their statutory 16 obligations. If an impasse or deadlock still exists after the issuance of an injunction, 17 the parties shall submit to arbitration to be carried out under AS 09.43.030 or 18 09.43.480 to the extent permitted by AS 09.43.010 and 09.43.300. 19 * Sec. 14. AS 23.40.200(g) is amended to read: 20 (g) Under the provisions of (d) of this section, if an impasse or deadlock is 21 reached in collective bargaining negotiations between a municipal school district, a 22 regional educational attendance area, a state-tribal education compact school, or a 23 state boarding school and its employees, 24 (1) the parties shall submit to advisory arbitration before the 25 employees may vote to engage in a strike; the arbitrator shall 26 (A) be a member of the American Arbitration Association, 27 Panel of Labor Arbitrators, or the Federal Mediation and Conciliation Service; 28 (B) have knowledge of and recent experience in the local 29 conditions in the school district, regional educational attendance area, state- 30 tribal education compact school, or state boarding school; and 31 (C) be determined from a list containing at least five nominees
01 who meet the qualifications of this subsection; this list shall be considered a 02 complete list for the purpose of striking names and selecting the arbitrator; 03 (2) if, under (1) of this subsection, advisory arbitration fails, a strike 04 may not begin until at least 72 hours after notice of the strike is given to the other 05 party; in any event, a strike may not begin on or after the first day of the school term, 06 as that term is described in AS 14.03.030, unless at least one day in session with 07 students in attendance has passed after notice of the strike is given by the employees to 08 the other party. 09 * Sec. 15. AS 39.35.160(c) is amended to read: 10 (c) An employee who has made an election under AS 39.35.300(c) or 11 39.35.310(c) to have the employee's years of service as a noncertificated employee of 12 a state boarding school, of a state-tribal education compact school, of a school 13 district or regional educational attendance area, of the special education service 14 agency, or of the Alaska Vocational Technical Center determined by reference to 15 AS 14.25.220 shall pay a contribution surcharge for that service. The amount of the 16 surcharge is the difference between the amount the employer would have had to 17 contribute under AS 39.35.255 - 39.35.290 for the employee when treating the 18 employee's credited service as service earned under AS 39.35.300(c) or 39.35.310(c) 19 less the amount the employer would have had to contribute under AS 39.35.255 - 20 39.35.290 without treating the employee's credited service as service earned under 21 AS 39.35.300(c) or 39.35.310(c). 22 * Sec. 16. AS 39.35.160(d) is amended to read: 23 (d) The employer of a member who is employed by a school district, a 24 regional educational attendance area, a state-tribal education compact school, or a 25 state boarding school who is assaulted while on the job and who, as a result of a 26 physical injury from the assault, is placed on unpaid leave of absence or is receiving 27 benefits under AS 23.30, shall pay the member's contributions under this section while 28 the member is, as a result of the on-the-job injury, on unpaid leave or receiving the 29 benefits under AS 23.30. 30 * Sec. 17. AS 39.35.300(c) is amended to read: 31 (c) A noncertificated employee of the Alaska Vocational Technical Center, a
01 state-tribal education compact school, or a state boarding school who first becomes 02 a member of the plan on or after July 1, 1999, may, within 90 days after the employee 03 first joins the plan, make an election under this subsection to have the years of service 04 that the employee earns as a noncertificated employee determined using the table for 05 service on or after July 1, 1969, that is set out in the definition of "year of service" in 06 AS 14.25.220. A noncertificated employee of the Alaska Vocational Technical Center, 07 a state-tribal education compact school, or a state boarding school who is an active 08 member of the plan on July 1, 1999, may, within 180 days after July 1, 1999, make the 09 election. A member of the plan who is an inactive member on July 1, 1999, and who is 10 later employed as a noncertificated employee of the Alaska Vocational Technical 11 Center, a state-tribal education compact school, or a state boarding school may, 12 within 90 days after beginning the subsequent employment, make the election. An 13 election under this subsection is irrevocable except as provided in (d) of this section 14 and shall be made in writing on a form provided by the administrator. The election 15 applies to the employee's service earned for the school year in which the election is 16 accepted by the administrator and applies to all subsequent employment as a 17 noncertificated employee of a state boarding school, a state-tribal education 18 compact school, a school district or regional educational attendance area, the special 19 education service agency, or the Alaska Vocational Technical Center. An employee 20 who makes an election under this subsection shall pay the contribution surcharge as 21 set out in AS 39.35.160(c). 22 * Sec. 18. AS 39.35.310(c) is amended to read: 23 (c) A noncertificated employee of a school district, a regional educational 24 attendance area, or the special education service agency who first becomes a member 25 of the plan on or after July 1, 1999, may, within 90 days after the employee first joins 26 the plan, make an election under this subsection to have the years of service that the 27 employee earns as a noncertificated employee determined using the table for service 28 on or after July 1, 1969, that is set out in the definition of "year of service" in 29 AS 14.25.220. A noncertificated employee of a school district, a regional educational 30 attendance area, or the special education service agency who is an active member of 31 the plan on July 1, 1999, may, within 180 days after July 1, 1999, make the election. A
01 member of the plan who is an inactive member on July 1, 1999, and who later is 02 employed as a noncertificated employee of a school district, a regional educational 03 attendance area, or the special education service agency may, within 90 days after 04 beginning the subsequent employment, make the election. An election under this 05 subsection is irrevocable except as provided in (d) of this section and shall be made in 06 writing on a form provided by the administrator. The election applies to the 07 employee's service earned for the school year in which the election is accepted by the 08 administrator and applies to all subsequent employment as a noncertificated employee 09 of a state boarding school, a state-tribal education compact school, a school district 10 or regional educational attendance area, the special education service agency, or the 11 Alaska Vocational Technical Center. An employee who makes an election under this 12 subsection shall pay the contribution surcharge as set out in AS 39.35.160(c). 13 * Sec. 19. AS 39.35.330(d) is amended to read: 14 (d) An employee of a school district, a regional educational attendance area, a 15 state-tribal education compact school, or a state boarding school who is assaulted 16 while on the job and who, as a result of a physical injury from the assault, is placed on 17 leave without pay, whether or not the employee receives workers' compensation 18 benefits under AS 23.30 for the injury, is entitled to accrue credited service while the 19 employee, because of the injury, is on leave-without-pay status or is receiving the 20 benefits under AS 23.30. Entitlement to credited service under this subsection ends 21 when the employee is eligible to receive benefits under AS 39.35.370(a) or 22 39.35.410(a). 23 * Sec. 20. AS 43.20.014(g)(3) is amended to read: 24 (3) "school district" means a borough school district, a city school 25 district, a regional educational attendance area, a state-tribal education compact 26 school, or a state boarding school; 27 * Sec. 21. AS 47.07.063(d)(3) is amended to read: 28 (3) "school district" has the meaning given the term "district" in 29 AS 14.17.990, but includes a state boarding school established under AS 14.16.010 30 and a state-tribal education compact school established under AS 14.16.300. 31 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION. (a) The Department of Education and Early Development and the state 03 Board of Education and Early Development may adopt regulations necessary to implement 04 the changes made by this Act. The regulations take effect under AS 44.62 (Administrative 05 Procedure Act), but a regulation may not take effect before the effective date of the relevant 06 provision of this Act implemented by the regulation. 07 (b) Not later than one year after the effective date of this Act, the commissioner of 08 education and early development shall establish an application and approval process and 09 timelines for the negotiation, approval or disapproval, and execution of state-tribal education 10 compacts.