SCS CSHB 28(FIN) am S: "An Act relating to education; relating to reimbursement of school district energy costs; relating to correspondence study program materials; relating to substitute teaching; relating to the qualifications of school board members; relating to school consolidation; relating to the required local contribution made by a city or borough school district for public school funding; relating to reemploying retired members of the teachers' retirement system at regional resource centers; establishing a teachers' student loan repayment pilot program; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 28(FIN) am S 01 "An Act relating to education; relating to reimbursement of school district energy costs; 02 relating to correspondence study program materials; relating to substitute teaching; 03 relating to the qualifications of school board members; relating to school consolidation; 04 relating to the required local contribution made by a city or borough school district for 05 public school funding; relating to reemploying retired members of the teachers' 06 retirement system at regional resource centers; establishing a teachers' student loan 07 repayment pilot program; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 14.03.078(a) is amended to read: 10 (a) The department shall provide to the legislature and school districts by 11 February 15 of each year by electronic means an annual report regarding the progress 12 of each school and school district toward high academic performance by all students. 13 The report required under this section must include 14 (1) information described under AS 14.03.120;
01 (2) progress of the department 02 (A) toward implementing the school accountability provisions 03 of AS 14.03.123; and 04 (B) in assisting high schools to become accredited; 05 (3) a description of the resources provided to each school and school 06 district for coordinated school improvement activities and staff training in each school 07 and school district; 08 (4) each school district's and each school's progress in aligning 09 curriculum with state education performance standards; 10 (5) a description of the efforts by the department to assist a public 11 school or district that receives a low performance designation under AS 14.03.123; 12 (6) a description of intervention efforts by each school district and 13 school for students who are not meeting state performance standards; 14 (7) the number and percentage of turnover in certificated personnel and 15 superintendents; 16 (8) a summary of the categories of certificated administrative 17 employees employed by each school district that includes the ratio of 18 (A) the number of certificated administrative employees in 19 each category employed by each school district compared to the number of 20 students enrolled in the school district on October 1 of the previous year; 21 (B) the total number of certificated administrative employees 22 employed by each school district compared to the total number of teachers 23 employed by the school district on October 1 of the previous year; and 24 (C) the total number of teachers employed by each school 25 district compared to the total number of students enrolled in the school district 26 on October 1 of the previous year; 27 (9) the progress made to implement the reading intervention programs 28 established under AS 14.30.760 - 14.30.780, including data on how school districts are 29 using in-service days for culturally responsive professional development in reading 30 instruction; [AND] 31 (10) the effectiveness and participation rates of the parents as teachers
01 program established under AS 14.03.420, including measures of efficiency and 02 effectiveness that demonstrate the effects of the program on school readiness; and 03 (11) information relating to reimbursement of school district 04 energy costs under AS 14.03.128, including 05 (A) each school district's actual expenditures for and 06 amount of heating fuel and electricity for facilities used by the district for 07 each of the preceding four fiscal years; and 08 (B) the amount the department distributed to each school 09 district under AS 14.03.128 for the previous fiscal year. 10 * Sec. 2. AS 14.03 is amended by adding a new section to read: 11 Sec. 14.03.128. Reimbursement of school district energy costs. (a) Subject 12 to appropriation, the department shall annually reimburse each eligible district an 13 amount equal to the district's three-year energy cost average. The department shall 14 calculate the amount of a district's three-year energy cost average for a fiscal year by 15 combining the amount of the district's actual expenditures for heating fuel and 16 electricity for facilities used by the district, as reported to the department under 17 AS 14.14.050, for each of the first three of the preceding four fiscal years and dividing 18 that sum by three. 19 (b) A district is eligible to receive reimbursement under (a) of this section for 20 a fiscal year if the district makes reasonable efforts, as determined by the department, 21 not to increase the amount of energy the district used during that fiscal year from the 22 amount used in the preceding fiscal year. The department may withhold 23 reimbursement to a district under this section only after providing the district with 24 notice and an opportunity to respond. 25 (c) If the amount appropriated for a fiscal year is insufficient to meet the 26 amounts authorized in this section, the department shall reduce pro rata the amount 27 reimbursed to districts by the necessary percentage as determined by the department. 28 (d) In this section, "district" has the meaning given in AS 14.17.990. 29 * Sec. 3. AS 14.03.300 is amended by adding a new subsection to read: 30 (c) A student who ceases to be enrolled in a correspondence study program 31 operated by a school district may retain textbooks, equipment, and other curriculum
01 materials provided to the student through the program, including materials purchased 02 through an annual student allotment provided to a parent or guardian of the student 03 under AS 14.03.310, if the textbook, equipment, or material is of the type that a 04 student may retain when the student ceases to be enrolled in a physical school in the 05 district. 06 * Sec. 4. AS 14.08.041 is amended by adding a new subsection to read: 07 (g) Notwithstanding AS 14.14.140, a member of a regional school board may 08 be employed as a substitute teacher at a school under emergency circumstances of a 09 time-limited duration. 10 * Sec. 5. AS 14.12.080 is amended to read: 11 Sec. 14.12.080. Qualification of members. To be eligible to be a member of a 12 school board, a person must have the same qualifications as are necessary to be a 13 municipal voter in the school district and may not have been convicted of a felony 14 involving moral turpitude unless the person has been unconditionally discharged 15 for the felony and at least 10 years have passed since the date of unconditional 16 discharge. In this section, "unconditionally discharged" has the meaning given in 17 AS 12.73.090. 18 * Sec. 6. AS 14.14.050(b) is amended to read: 19 (b) The audit shall conform in form to requirements established by the 20 commissioner and must include the information the department determines is 21 necessary to calculate reimbursement of the school district's energy costs under 22 AS 14.03.128. The commissioner shall withhold all payments of state funds after 23 November 15 to a school district that fails to file a certified copy of the audit with the 24 department. 25 * Sec. 7. AS 14.17.410(b) is amended to read: 26 (b) Public school funding consists of state aid, a required local contribution, 27 and eligible federal impact aid determined as follows: 28 (1) state aid equals basic need minus a required local contribution and 29 90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum 30 obtained under (D) of this paragraph, multiplied by the base student allocation set out 31 in AS 14.17.470; district adjusted ADM is calculated as follows:
01 (A) the ADM of each school in the district is calculated by 02 applying the school size factor to the student count as set out in AS 14.17.450; 03 (B) the number obtained under (A) of this paragraph is 04 multiplied by the district cost factor described in AS 14.17.460; 05 (C) the ADMs of each school in a district, as adjusted 06 according to (A) and (B) of this paragraph, are added; the sum is then 07 multiplied by the special needs factor set out in AS 14.17.420(a)(1) and the 08 secondary school vocational and technical instruction funding factor set out in 09 AS 14.17.420(a)(3); 10 (D) the number obtained for intensive services under 11 AS 14.17.420(a)(2) and the number obtained for correspondence study under 12 AS 14.17.430 are added to the number obtained under (C) of this paragraph or 13 under (H) and (I) of this paragraph; 14 (E) notwithstanding (A) - (C) of this paragraph, if a school 15 district's ADM adjusted for school size under (A) of this paragraph decreases 16 by five percent or more from one fiscal year to the next fiscal year, the school 17 district may use the last fiscal year before the decrease as a base fiscal year to 18 offset the decrease, according to the following method: 19 (i) for the first fiscal year after the base fiscal year 20 determined under this subparagraph, the school district's ADM adjusted 21 for school size determined under (A) of this paragraph is calculated as 22 the district's ADM adjusted for school size, plus 75 percent of the 23 difference in the district's ADM adjusted for school size between the 24 base fiscal year and the first fiscal year after the base fiscal year; 25 (ii) for the second fiscal year after the base fiscal year 26 determined under this subparagraph, the school district's ADM adjusted 27 for school size determined under (A) of this paragraph is calculated as 28 the district's ADM adjusted for school size, plus 50 percent of the 29 difference in the district's ADM adjusted for school size between the 30 base fiscal year and the second fiscal year after the base fiscal year; 31 (iii) for the third fiscal year after the base fiscal year
01 determined under this subparagraph, the school district's ADM adjusted 02 for school size determined under (A) of this paragraph is calculated as 03 the district's ADM adjusted for school size, plus 25 percent of the 04 difference in the district's ADM adjusted for school size between the 05 base fiscal year and the third fiscal year after the base fiscal year; 06 (F) the method established in (E) of this paragraph is available 07 to a school district for the three fiscal years following the base fiscal year 08 determined under (E) of this paragraph only if the district's ADM adjusted for 09 school size determined under (A) of this paragraph for each fiscal year is less 10 than the district's ADM adjusted for school size in the base fiscal year; 11 (G) the method established in (E) of this paragraph does not 12 apply to a decrease in the district's ADM adjusted for school size resulting 13 from a loss of enrollment that occurs as a result of a boundary change under 14 AS 29; 15 (H) notwithstanding (A) - (C) of this paragraph, if one or more 16 schools close and consolidate with one or more other schools in the same 17 community and district and, as a result of the consolidation, basic need 18 generated by the district's ADM of the consolidated schools as adjusted under 19 (A) - (C) of this paragraph decreases, the district may use the last fiscal year 20 before the consolidation as the base fiscal year to offset that decrease for the 21 first four fiscal years following consolidation according to the following 22 method: 23 (i) for the first two fiscal years after the base fiscal year, 24 the district's ADM of the consolidated schools as adjusted under (A) - 25 (C) of this paragraph is calculated by dividing the sum of the district's 26 ADM of the consolidated schools as adjusted under (A) - (C) of this 27 paragraph for the base fiscal year by the sum of the district's ADM of 28 the consolidated schools for the base fiscal year without adjustment, 29 and subtracting the quotient obtained by dividing the district's ADM of 30 the consolidated schools for the current fiscal year as adjusted under 31 (A) - (C) of this paragraph by the sum of the district's ADM of the
01 consolidated schools for the current fiscal year without adjustment, 02 multiplying that number by the sum of the district's ADM of the 03 consolidated schools for the current fiscal year without adjustment, and 04 adding that number to the sum of the district's ADM of the consolidated 05 schools for the current fiscal year as adjusted under (A) - (C) of this 06 paragraph; 07 (ii) for the third fiscal year after the base fiscal year, the 08 district's ADM of the consolidated schools as adjusted under (A) - (C) 09 of this paragraph is calculated by dividing the sum of the district's 10 ADM of the consolidated schools as adjusted under (A) - (C) of this 11 paragraph for the base fiscal year by the sum of the district's ADM of 12 the consolidated schools for the base fiscal year without adjustment, 13 and subtracting the quotient obtained by dividing the sum of the 14 district's ADM of the consolidated schools for the current fiscal year as 15 adjusted under (A) - (C) of this paragraph by the sum of the district's 16 ADM of the consolidated schools for the current fiscal year, 17 multiplying that number by the sum of the district's ADM of the 18 consolidated schools for the current fiscal year without adjustment, 19 multiplying that number by 66 percent, and adding that number to the 20 sum of the district's ADM of the consolidated schools for the current 21 fiscal year as adjusted under (A) - (C) of this paragraph; 22 (iii) for the fourth fiscal year after the base fiscal year, 23 the district's ADM of the consolidated schools as adjusted under (A) - 24 (C) of this paragraph is calculated by dividing the sum of the district's 25 ADM of the consolidated schools as adjusted under (A) - (C) of this 26 paragraph for the base fiscal year by the sum of the district's ADM of 27 the consolidated schools for the base fiscal year without adjustment, 28 and subtracting the quotient obtained by dividing the sum of the 29 district's ADM of the consolidated schools for the current fiscal year as 30 adjusted under (A) - (C) of this paragraph by the sum of the district's 31 ADM of the consolidated schools for the current fiscal year,
01 multiplying that number by the sum of the district's ADM of the 02 consolidated schools for the current fiscal year without adjustment, 03 multiplying that number by 33 percent, and adding that number to the 04 sum of the district's ADM of the consolidated schools for the current 05 fiscal year as adjusted under (A) - (C) of this paragraph; 06 (iv) to calculate the district's basic need for each fiscal 07 year, the number obtained through the calculation in (i), (ii), or (iii) of 08 this subparagraph is added to the number obtained under (C) of this 09 paragraph for the remainder of the district; 10 (I) if the basic need calculated under (H)(i) - (iii) of this 11 paragraph for one of the first four fiscal years after consolidation is less than 12 the basic need calculated under (A) - (C) of this paragraph for that fiscal year, 13 the basic need may not be adjusted under (H) of this paragraph for that fiscal 14 year; 15 (J) a district may not offset a decrease under (H) of this 16 paragraph if 17 (i) a new facility is constructed in the district for the 18 consolidation; or 19 (ii) the district offset a decrease under (E) of this 20 paragraph in the same fiscal year; 21 (K) a district that offsets a decrease under (H) of this paragraph 22 may not reopen a school that was closed for consolidation in the district until 23 (i) four [SEVEN] or more years have passed since the 24 school closure; and 25 (ii) the district provides evidence satisfactory to the 26 department that the schools affected by the consolidation are over 27 capacity; 28 (L) a district may not reopen and reconsolidate a school that 29 was consolidated in the district more than once every four [SEVEN] years for 30 purposes of the calculations made under (H) of this paragraph; 31 (M) a district offsetting a decrease under (H) of this paragraph
01 shall provide the department with the list of schools participating in the 02 consolidation and the corresponding ADM; 03 (2) the required local contribution of a city or borough school district is 04 the equivalent of a 2.65 mill tax levy on the full and true value of the taxable real and 05 personal property in the district as of January 1 of the second preceding fiscal year, as 06 determined by the Department of Commerce, Community, and Economic 07 Development under AS 14.17.510 and AS 29.45.110; the required local 08 contribution may [,] not [TO] exceed 09 (A) 45 percent of a district's basic need for the preceding fiscal 10 year as determined under (1) of this subsection; or 11 (B) the amount of the district's required local contribution 12 for the preceding fiscal year by more than four percent. 13 * Sec. 8. AS 14.20.136(a) is amended to read: 14 (a) Subject to (b) - (d) of this section, a school district or regional resource 15 center established under AS 14.12.150 may reemploy a member who is retired under 16 a retirement plan established in AS 14.25.009 - 14.25.220, or a member who is retired 17 under a retirement plan established in AS 14.25.310 - 14.25.590. In this subsection, 18 "school district" has the meaning given in AS 14.30.350. 19 * Sec. 9. AS 14.20.136(b) is amended to read: 20 (b) A member who is retired under AS 14.25.110(a) may not be reemployed 21 under (a) of this section unless the member 22 (1) certifies that the member and the school district or regional 23 resource center did not arrange before the member retired from the school district or 24 regional resource center for the member to be reemployed by the school district or 25 regional resource center after the member retired; and 26 (2) has been retired for at least 27 (A) 60 days if the member is at least 62 years of age; or 28 (B) six months if the member is less than 62 years of age. 29 * Sec. 10. AS 14.20.136(c) is amended to read: 30 (c) Before reemploying a retired member under (a) of this section to fill a 31 position, a school district or regional resource center shall
01 (1) by resolution, adopt a policy that describes the circumstances of a 02 shortage or anticipated shortage of applicants, other than retired members, who are 03 qualified for particular positions and permits rehiring that complies with the 04 requirements of this section; and 05 (2) publicly advertise the position for 10 business days and actively 06 recruit to fill the position by hiring a person other than a member who is retired. 07 * Sec. 11. AS 14.20.136(e) is amended to read: 08 (e) A school district or regional resource center that reemploys a member 09 under this section who is retired under the defined benefit retirement plan established 10 in AS 14.25.009 - 14.25.220 is required to 11 (1) provide the administrator with 12 (A) a copy of the resolution and policy adopted under (c) of 13 this section; and 14 (B) for every retired member who is rehired, a report 15 identifying the member by name and describing the 16 (i) circumstances of the shortage that necessitated the 17 rehire; and 18 (ii) actions taken by the school district or regional 19 resource center to comply with [SCHOOL DISTRICT] policy adopted 20 under (c) of this section and the requirements of this section; and 21 (2) make contributions under AS 14.25.070. 22 * Sec. 12. AS 14.25.043(f) is amended to read: 23 (f) If a member who retired under AS 14.25.110(a) is reemployed by a school 24 district or regional resource center under AS 14.20.136, 25 (1) the member does not become an active member; 26 (2) the member shall continue to receive retirement benefits from the 27 plan as though the member were not reemployed by the school district or regional 28 resource center; 29 (3) deductions from the member's salary may not be made under 30 AS 14.25.050; and 31 (4) the member may not receive credited service in the plan during the
01 period of reemployment. 02 * Sec. 13. AS 14.25.043(g) is amended to read: 03 (g) Notwithstanding (f) of this section, a member who is retired under 04 AS 14.25.110(a) and reemployed by a school district or regional resource center 05 under AS 14.20.136 is eligible to receive the group health plan coverage provided to 06 active members employed by that school district or regional resource center. 07 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 STUDENT LOAN REPAYMENT PILOT PROGRAM. (a) The Alaska Commission 10 on Postsecondary Education shall develop and administer a teachers' student loan repayment 11 pilot program. A person applying for a grant must submit the application to the commission 12 by a deadline established by the commission, on a form provided by the commission. Subject 13 to appropriation, the commission may award a grant to a person who 14 (1) is employed as a full-time certificated teacher in a public school to teach 15 special education, English as a second language, science, technology, engineering, or 16 mathematics; 17 (2) has completed a postsecondary degree or certificate program; 18 (3) has an outstanding student loan as described in 26 U.S.C. 108(f)(2) 19 incurred by the person for the degree or certificate program; and 20 (4) has otherwise exhausted all other federal and state student loan repayment 21 programs for which the person is eligible. 22 (b) The commission shall 23 (1) establish an application process for participation in the program; 24 (2) implement policies to determine the efficacy of the program toward 25 improving the recruitment and retention rates of teachers who receive a grant under this 26 section; and 27 (3) evaluate the effects of the program on employee recruitment and retention 28 for the purpose of preparing the report required under sec. 15 of this Act. 29 (c) The commission may require a person to refinance the outstanding student loan 30 described in (a) of this section with the commission in order to participate in the program. 31 (d) Grants awarded under this section are payable upon completion of the person's
01 contract term. 02 (e) The commission may award a grant to a person each year in an amount equal to 03 one-third of the balance of the outstanding student loan owed by the person. A grant awarded 04 to a person under this section may not exceed $5,000 each year and may not be awarded for 05 more than three years. 06 (f) Grants may be awarded under this section each fiscal year. The total dollar amount 07 of grants awarded under this section may not exceed $1,000,000 in a fiscal year. If the amount 08 appropriated in a fiscal year is insufficient to meet the amounts awarded under (a) of this 09 section, the commission shall reduce pro rata the amounts awarded by the necessary 10 percentage as determined by the commission. 11 (g) The commission may adopt regulations necessary to implement this section. 12 (h) In this section, "commission" means the Alaska Commission on Postsecondary 13 Education. 14 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 PILOT PROGRAM: REPORT. On or before December 31, 2028, the Alaska 17 Commission on Postsecondary Education shall submit a report to the senate secretary and the 18 chief clerk of the house of representatives and notify the legislature that the report is 19 available. The report must include the effects of the student loan repayment pilot program 20 under sec. 14 of this Act on teacher recruitment and retention and an analysis of the overall 21 success rate and effectiveness of the student loan repayment pilot program thus far. 22 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. Sections 8 - 13 of this Act apply to contracts made on or after the 25 effective date of secs. 8 - 13 of this Act. 26 * Sec. 17. Section 14 of this Act is repealed June 1, 2030. 27 * Sec. 18. Section 15 of this Act is repealed January 1, 2029. 28 * Sec. 19. Section 7 of this Act takes effect July 1, 2026. 29 * Sec. 20. Sections 1, 2, and 6 of this Act take effect July 1, 2027. 30 * Sec. 21. Except as provided in secs. 19 and 20 of this Act, this Act takes effect 31 immediately under AS 01.10.070(c).