HB 351: "An Act providing for the establishment of public schools through state-tribal compacts; and providing for an effective date."
00 HOUSE BILL NO. 351 01 "An Act providing for the establishment of public schools through state-tribal 02 compacts; and providing for an effective date." 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boarding school, state-tribal education compact school, or a public school may 13 provide domiciliary services; 14 (5) [REPEALED]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 14.07.165(a), as amended by sec. 1 of this Act, is amended to read: 02 (a) The board shall adopt 03 (1) statewide goals and require each governing body to adopt written 04 goals that are consistent with local needs; 05 (2) regulations regarding the application for and award of grants under 06 AS 14.03.125; 07 (3) regulations implementing provisions of AS 14.11.014(b); 08 (4) regulations requiring approval by the board before a charter school, 09 state boarding school, [STATE-TRIBAL EDUCATION COMPACT SCHOOL,] or a 10 public school may provide domiciliary services; 11 (5) [REPEALED] 12 * Sec. 3. AS 14.16 is amended by adding new sections to read: 13 Article 3. State-Tribal Education Compact Schools. 14 Sec. 14.16.300. State-tribal education compacts. (a) The commissioner may 15 enter into compacts with federally recognized tribes or tribal organizations in the state 16 for the establishment of state-tribal education compact schools. The commissioner 17 shall prescribe an application procedure for the approval of compacts consistent with 18 AS 14.16.300 - 14.16.350. 19 (b) A compact entered into under this section may include provisions relating 20 to 21 (1) compliance; 22 (2) notices of violation; 23 (3) dispute resolution, which may include nonjudicial processes such 24 as mediation; 25 (4) recordkeeping and auditing; 26 (5) the delineation of roles and responsibilities; 27 (6) the term of the compact and whether the compact is renewable; and 28 (7) termination of the compact. 29 Sec. 14.16.310. Applicability of education laws. A state-tribal education 30 compact school is a public school of the state. The following provisions apply with 31 respect to the operation and management of a state-tribal education compact school as
01 if the school were a school district: 02 (1) requirements relating to school district operations: 03 (A) regulations adopted by the board under authority of 04 AS 14.07.020(a) that are applicable to school districts and their schools, unless 05 the board specifically exempts state-tribal education compact schools from 06 compliance with a regulation; 07 (B) AS 14.12.150 (authorizing school districts to establish and 08 participate in the services of a regional resource center); 09 (C) AS 14.14.050 (imposing the requirement of an annual 10 audit); 11 (D) AS 14.14.110 (authorizing cooperation with other school 12 districts); 13 (E) AS 14.14.140(b) (establishing a prohibition on employment 14 of a relative of the chief school administrator), except that members of the 15 immediate family of a chief school administrator may only be employed by the 16 chief school administrator upon written approval of the commissioner; 17 (F) AS 14.18 (prohibiting discrimination based on sex or race 18 in public education); 19 (2) requirements relating to the public school funding program and the 20 receipt and expenditure of that funding: 21 (A) AS 14.17.500 (relating to student count estimates); 22 (B) AS 14.17.505 (relating to school operating fund balances); 23 (C) AS 14.17.600 - 14.17.910 (setting out the procedure for 24 payment of public school funding and imposing general requirements and 25 limits on money paid). 26 Sec. 14.16.320. Admission. (a) A state-tribal education compact school may 27 not charge tuition to attend the compact school, except with respect to a person over 28 school age under AS 14.03.080(b). 29 (b) A state-tribal education compact school may not limit admission on a basis 30 other than age group, grade level, or capacity and shall otherwise enroll all eligible 31 students who apply for admission. If capacity is insufficient to enroll all eligible
01 students who apply for admission, a state-tribal education compact school may 02 prioritize the enrollment of members of the tribe that is a party to the compact and 03 siblings of students already enrolled in the school. 04 Sec. 14.16.330. Financial provisions applicable to a state-tribal education 05 compact school. (a) AS 14.17.445 applies to the calculation of public school funding 06 payable for operation of a state-tribal education compact school. 07 (b) In the transmittals required by AS 37.07.060 and 37.07.062, the governor 08 shall request amounts for the expenses of construction, rehabilitation, and 09 improvement of the facilities of a state-tribal education compact school. 10 (c) Unless specified otherwise in any appropriation bill, AS 37.25.010 does 11 not apply to an appropriation made for the purposes of (a) of this section. 12 (d) AS 37.25.020 applies to money appropriated for the purposes of (b) of this 13 section. 14 (e) For purposes of application for and receipt of federal aid to education, a 15 state-tribal education compact school constitutes a local educational agency. A 16 compact school may accept federal funds through federal programs. Nothing in this 17 section prohibits the department from receiving federal funds for state-based functions 18 that support the provisions of AS 14.16.300 - 14.16.350. 19 Sec. 14.16.340. Employment. A state-tribal education compact school may 20 adopt a policy that gives employment preference to members of federally recognized 21 tribes or tribal organizations. 22 Sec. 14.16.350. Annual report. The commissioner, after consultation with the 23 state-tribal education compact schools with which the commissioner has compacted, 24 shall annually complete a report relating to state-tribal education compact schools. The 25 commissioner shall submit the report to the senate secretary and the chief clerk of the 26 house of representatives and notify the legislature that the report is available. The 27 report must provide 28 (1) the number of state-tribal education compact schools; 29 (2) a description of each compact entered into under AS 14.16.300; 30 (3) information on the attendance and performance of students enrolled 31 in each compact school, including information on standards-based assessments or tests
01 required by the state or federal government; 02 (4) information on standards-based assessments developed by the 03 compact school; 04 (5) recommendations for effective administration of standards-based 05 assessments; and 06 (6) recommendations for modifying, continuing, or discontinuing 07 compacts under the provision of AS 14.16.300 - 14.16.350. 08 * Sec. 4. AS 14.17.300(a) is amended to read: 09 (a) The public education fund is established. The fund consists of 10 appropriations for 11 (1) distribution to school districts, to the state boarding school, to a 12 state-tribal education compact school, and for centralized correspondence study 13 under this chapter; and 14 (2) transportation of pupils under AS 14.09.010. 15 * Sec. 5. AS 14.17.300(a), as amended by sec. 4 of this Act, 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 20 correspondence study under this chapter; and 21 (2) transportation of pupils under AS 14.09.010. 22 * Sec. 6. 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. 7. AS 14.17.400(b), as amended by sec. 6 of this Act, is amended to read: 31 (b) If the amount appropriated to the public education fund for purposes of
01 this chapter is insufficient to meet the amounts authorized under (a) of this section for 02 a fiscal year, the department shall reduce pro rata each district's basic need by the 03 necessary percentage as determined by the department. If the basic need of each 04 district is reduced under this subsection, the department shall also reduce state funding 05 for centralized correspondence study and [,] the state boarding school [, AND 06 STATE-TRIBAL EDUCATION COMPACT SCHOOLS] by the same percentage. 07 * Sec. 8. AS 14.17 is amended by adding a new section to read: 08 Sec. 14.17.445. State funding for state-tribal education compact schools. 09 (a) Except as provided in AS 14.17.400(b), funding for state-tribal education compact 10 schools established under AS 14.16.300 includes an allocation from the public 11 education fund in an amount calculated by 12 (1) determining the ADM of state-tribal education compact schools by 13 applying the school size factor to the student count as described in AS 14.17.450; 14 (2) multiplying the number obtained under (1) of this subsection by the 15 special needs factor in AS 14.17.420(a)(1) and the secondary school vocational and 16 technical instruction funding factor set out in AS 14.17.420(a)(3) and multiplying that 17 product by the base student allocation; and 18 (3) multiplying the product determined under (2) of this subsection by 19 the district cost factor that is applicable to calculation of the state aid for the adjacent 20 school district under AS 14.17.460. 21 (b) In addition to the funding calculated under (a) of this section, state-tribal 22 education compact schools are eligible for intensive services funding under 23 AS 14.17.420(a)(2). 24 * Sec. 9. AS 14.18.110 is amended by adding a new subsection to read: 25 (b) Nothing in this chapter prohibits state-tribal education compact schools 26 established under AS 14.16.300 from prioritizing the employment of members of 27 federally recognized tribes or the admission of members of the tribe that is a party to 28 the compact if capacity is insufficient to enroll all eligible students who apply for 29 admission. 30 * Sec. 10. AS 14.30.010(b) is amended to read: 31 (b) This section does not apply if a child
01 (1) is provided an academic education comparable to that offered by 02 the public schools in the area, either by 03 (A) attendance at a private school in which the teachers are 04 certificated according to AS 14.20.020; 05 (B) tutoring by personnel certificated according to 06 AS 14.20.020; or 07 (C) attendance at an educational program operated in 08 compliance with AS 14.45.100 - 14.45.200 by a religious or other private 09 school; 10 (2) attends a school operated by the federal government; 11 (3) has a physical or mental condition that a competent medical 12 authority determines will make attendance impractical; 13 (4) is in the custody of a court or law enforcement authorities; 14 (5) is temporarily ill or injured; 15 (6) has been suspended or expelled under AS 14.03.160 or suspended 16 or denied admittance under AS 14.30.045; 17 (7) resides more than two miles from either a public school or a route 18 on which transportation is provided by the school authorities, except that this 19 paragraph does not apply if the child resides within two miles of a federal or private 20 school that the child is eligible and able to attend; 21 (8) is excused by action of the school board of the district at a regular 22 meeting or by the district superintendent subject to approval by the school board of the 23 district at the next regular meeting; 24 (9) has completed the 12th grade; 25 (10) is enrolled in 26 (A) a state boarding school established under AS 14.16.010; 27 [AS 14.16; OR] 28 (B) a full-time program of correspondence study approved by 29 the department; in those school districts providing an approved correspondence 30 study program, a student may be enrolled either in the district correspondence 31 program or in the centralized correspondence study program; or
01 (C) a state-tribal education compact school established 02 under AS 14.16.300; 03 (11) is equally well-served by an educational experience approved by 04 the school board as serving the child's educational interests despite an absence from 05 school, and the request for excuse is made in writing by the child's parents or guardian 06 and approved by the principal or administrator of the school that the child attends; 07 (12) is being educated in the child's home by a parent or legal 08 guardian. 09 * Sec. 11. AS 14.30.010(b), as amended by sec. 10 of this Act, is amended to read: 10 (b) This section does not apply if a child 11 (1) is provided an academic education comparable to that offered by 12 the public schools in the area, either by 13 (A) attendance at a private school in which the teachers are 14 certificated according to AS 14.20.020; 15 (B) tutoring by personnel certificated according to 16 AS 14.20.020; or 17 (C) attendance at an educational program operated in 18 compliance with AS 14.45.100 - 14.45.200 by a religious or other private 19 school; 20 (2) attends a school operated by the federal government; 21 (3) has a physical or mental condition that a competent medical 22 authority determines will make attendance impractical; 23 (4) is in the custody of a court or law enforcement authorities; 24 (5) is temporarily ill or injured; 25 (6) has been suspended or expelled under AS 14.03.160 or suspended 26 or denied admittance under AS 14.30.045; 27 (7) resides more than two miles from either a public school or a route 28 on which transportation is provided by the school authorities, except that this 29 paragraph does not apply if the child resides within two miles of a federal or private 30 school that the child is eligible and able to attend; 31 (8) is excused by action of the school board of the district at a regular
01 meeting or by the district superintendent subject to approval by the school board of the 02 district at the next regular meeting; 03 (9) has completed the 12th grade; 04 (10) is enrolled in 05 (A) a state boarding school established under AS 14.16; or 06 [AS 14.16.010;] 07 (B) a full-time program of correspondence study approved by 08 the department; in those school districts providing an approved correspondence 09 study program, a student may be enrolled either in the district correspondence 10 program or in the centralized correspondence study program; [OR 11 (C) A STATE-TRIBAL EDUCATION COMPACT SCHOOL 12 ESTABLISHED UNDER AS 14.16.300;] 13 (11) is equally well-served by an educational experience approved by 14 the school board as serving the child's educational interests despite an absence from 15 school, and the request for excuse is made in writing by the child's parents or guardian 16 and approved by the principal or administrator of the school that the child attends; 17 (12) is being educated in the child's home by a parent or legal 18 guardian. 19 * Sec. 12. AS 14.30.350(8) is amended to read: 20 (8) "school district" means a borough school district, a city school 21 district, a regional educational attendance area, a state boarding school, a state-tribal 22 education compact school, and the state centralized correspondence study program; 23 * Sec. 13. AS 14.30.350(8), as amended by sec. 12 of this Act, is amended to read: 24 (8) "school district" means a borough school district, a city school 25 district, a regional educational attendance area, a state boarding school, [A STATE- 26 TRIBAL EDUCATION COMPACT SCHOOL,] and the state centralized 27 correspondence study program; 28 * Sec. 14. AS 14.43.849(5) is amended to read: 29 (5) "school district" means a borough school district, a city school 30 district, a regional educational attendance area, a state-tribal education compact 31 school, and a state boarding school.
01 * Sec. 15. AS 14.43.849(5), as amended by sec. 14 of this Act, is amended to read: 02 (5) "school district" means a borough school district, a city school 03 district, a regional educational attendance area, [A STATE-TRIBAL EDUCATION 04 COMPACT SCHOOL,] and a state boarding school. 05 * Sec. 16. AS 14.43.915(f)(2) is amended to read: 06 (2) "district" has the meaning given in AS 14.17.990, but also includes 07 a state boarding school under AS 14.16.010 and a state-tribal education compact 08 school under AS 14.16.300 [AS 14.16]. 09 * Sec. 17. AS 14.43.915(f)(2), as amended by sec. 16 of this Act, is amended to read: 10 (2) "district" has the meaning given in AS 14.17.990, but also includes 11 a state boarding school under AS 14.16 [AS 14.16.010 AND A STATE-TRIBAL 12 EDUCATION COMPACT SCHOOL UNDER AS 14.16.300]. 13 * Sec. 18. AS 21.96.070(f)(1) is amended to read: 14 (1) "school district" means a borough school district, a city school 15 district, a regional educational attendance area, a state-tribal education compact 16 school, or a state boarding school; 17 * Sec. 19. AS 14.16.300, 14.16.310, 14.16.320, 14.16.330, 14.16.340, 14.16.350, 18 AS 14.17.445, and AS 14.18.110(b) are repealed. 19 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION. (a) The Department of Education and Early Development and the state 22 Board of Education and Early Development may adopt regulations necessary to implement 23 the changes made by this Act. The regulations take effect under AS 44.62 (Administrative 24 Procedure Act), but a regulation may not take effect before the effective date of the relevant 25 provision of this Act implemented by the regulation. 26 (b) Not later than one year after the effective date of this Act, the commissioner of 27 education and early development shall establish an application and approval process and 28 timelines for the negotiation, approval or disapproval, and execution of state-tribal education 29 compacts. 30 * Sec. 21. Sections 2, 5, 7, 11, 13, 15, 17, and 19 of this Act take effect June 30, 2028.