HB 204: "An Act relating to education; relating to open enrollment in public schools; relating to charter schools; relating to correspondence study programs; relating to the base student allocation; relating to the provision of special education and related services; relating to reading proficiency incentive grants; relating to wireless telecommunication devices in public schools; and providing for an effective date."
00 HOUSE BILL NO. 204 01 "An Act relating to education; relating to open enrollment in public schools; relating to 02 charter schools; relating to correspondence study programs; relating to the base student 03 allocation; relating to the provision of special education and related services; relating to 04 reading proficiency incentive grants; relating to wireless telecommunication devices in 05 public schools; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 14.03.080(a) is amended to read: 08 (a) Subject to the provisions of AS 14.14.110 and 14.14.120, a [A] child of 09 school age is entitled to attend public school without payment of tuition during the 10 school term 11 (1) in the school district in which the child is a resident; and 12 (2) upon application to a school district, at a school selected by the 13 child's parent or guardian that is in or outside the school district in which the
01 child is a resident subject to 02 (A) capacity limitations of the selected school; and 03 (B) a school district policy that 04 (i) prioritizes placement of siblings in the same 05 school; 06 (ii) enrolls students in the order of applications 07 received; 08 (iii) guarantees enrollment upon application unless 09 the selected school does not have capacity at the requested grade 10 level; and 11 (iv) establishes a procedure for appealing a school 12 district's denial of an enrollment application [SUBJECT TO THE 13 PROVISIONS OF AS 14.14.110 AND 14.14.120]. 14 * Sec. 2. AS 14.03.080 is amended by adding new subsections to read: 15 (i) Nothing in (a)(2) of this section applies to a correspondence study program. 16 (j) Each school district shall, for each school in the district, annually publish 17 on the school district's Internet website or on the school's Internet webpage 18 information about the school's enrollment policies, enrollment application process, and 19 school-level enrollment data, including capacity and vacancies for each grade, the 20 number of applications, acceptances, denials, and reasons for denials. 21 * Sec. 3. AS 14.03.120(d) is amended to read: 22 (d) Annually, before the date set by the district under (e) of this section, each 23 public school shall deliver to the department for posting on the department's Internet 24 website and provide, in a public meeting of parents, students, and community 25 members, a report on the school's performance and the performance of the school's 26 students. The report shall be prepared on a form prescribed by the department and 27 must include 28 (1) information on accreditation; 29 (2) results of norm-referenced achievement tests that measure 30 student academic performance over time; 31 (3) results of state standards-based assessments in language arts and
01 mathematics; 02 (4) a description, including quantitative and qualitative measures, of 03 student, parent, community, and business involvement in student learning; 04 (5) a description of the school's attendance, retention, dropout, and 05 graduation rates as specified by the state board; 06 (6) the annual percent of enrollment change, regardless of reason, and 07 the annual percent of enrollment change due to student transfers into and out of the 08 school district; 09 (7) if Native language education is provided, a summary and 10 evaluation of the curriculum described in AS 14.30.420; 11 (8) the performance designation assigned the school under 12 AS 14.03.123 and the methodology used to assign the performance designation, 13 including the measures used and their relative weights; 14 (9) other information concerning school performance and the 15 performance of the school's students as required by the state board in regulation; and 16 (10) information on the number, attendance, and performance of 17 students enrolled in the school whose parents or guardians are on active duty in the 18 armed forces of the United States, the United States Coast Guard, the Alaska National 19 Guard, the Alaska Naval Militia, or the Alaska State Defense Force. 20 * Sec. 4. AS 14.03.250(a) is amended to read: 21 (a) A local school board shall prescribe an application procedure for the 22 establishment of a charter school in that school district. The application procedure 23 must include provisions for an academic policy committee consisting of parents of 24 students attending the school, teachers, and school employees and a proposed form for 25 a contract between a charter school and the local school board, setting out the contract 26 elements required under AS 14.03.255(c). The application procedure must allow an 27 application to be submitted at any time during the school year for the following 28 school year. 29 * Sec. 5. AS 14.03.253(b) is amended to read: 30 (b) In an appeal to the state Board of Education and Early Development of a 31 denial of a charter school application under (a)(3) of this section, the state board shall
01 determine, based on the record, whether the commissioner's findings are supported by 02 substantial evidence and whether the decision is contrary to law. The state board shall 03 issue a written decision within 45 [90] days after the state board receives an appeal. 04 * Sec. 6. AS 14.03.255(c) is amended to read: 05 (c) A charter school shall operate under a contract between the charter school 06 and the local school board. A contract must contain the following provisions: 07 (1) a description of the educational program; 08 (2) specific levels of achievement for the education program; 09 (3) admission policies and procedures; 10 (4) administrative policies; 11 (5) a statement of the charter school's funding allocation from the local 12 school board and costs assignable to the charter school program budget; 13 (6) the method by which the charter school will account for receipts 14 and expenditures; 15 (7) the location and description of the facility; 16 (8) the name of the teacher, or teachers, who, by agreement between 17 the charter school and the teacher, will teach in the charter school; 18 (9) the teacher-to-student ratio; 19 (10) the number of students served; 20 (11) the term of the contract, not to exceed a term of 10 years; 21 (12) a termination clause providing that the contract may only be 22 terminated by the local school board if [FOR THE FAILURE OF] the charter school 23 fails to meet educational achievement goals or fiscal management standards, fails to 24 comply with a material term of the contract, or intentionally misrepresents a 25 material fact or circumstance on which the contract is made [OR FOR OTHER 26 GOOD CAUSE]; 27 (13) a statement that the charter school will comply with all state and 28 federal requirements for receipt and use of public money; 29 (14) other requirements or exemptions agreed upon by the charter 30 school and the local school board; and 31 (15) a renewal clause providing that the local school board will
01 renew the contract, as may be amended by mutual agreement, for an additional 02 term upon application by the charter school. 03 * Sec. 7. AS 14.03.255 is amended by adding a new subsection to read: 04 (e) A local school board's denial of an application by a charter school to renew 05 the contract is appealable under AS 14.03.256. 06 * Sec. 8. AS 14.03 is amended by adding a new section to read: 07 Sec. 14.03.256. Charter school termination and denial of renewal 08 application; appeals. (a) Before termination or nonrenewal of a charter school 09 contract, the local school board shall give the charter school written notice, including a 10 statement of cause explaining the basis of the local school board's intent to terminate 11 or not renew the contract. The local school board shall provide the charter school with 12 a reasonable opportunity to cure any deficiency that is the basis for the termination or 13 nonrenewal. 14 (b) A decision of a local school board to terminate a charter school's contract 15 or deny a charter school's application for renewal must be in writing and provide 16 findings of fact or conclusions of law that explain the cause for the termination or 17 denial. 18 (c) A charter school whose contract is terminated or not renewed may file an 19 appeal with the commissioner. The appeal to the commissioner shall be filed not later 20 than 60 days after the local school board issues its written decision under (b) of this 21 section. The commissioner shall review the local school board's decision to determine 22 whether the findings of fact are supported by substantial evidence and whether the 23 decision is contrary to law. A decision of the commissioner upholding the termination 24 or nonrenewal may be appealed within 30 days to the state Board of Education and 25 Early Development. 26 (d) Upon receipt of an appeal, the state Board of Education and Early 27 Development may employ an independent auditor to review issues related to the 28 charter school's financial records that are raised in the appeal. 29 (e) The state Board of Education and Early Development shall exercise 30 independent judgment in evaluating the record on appeal, including any 31 recommendations or reports obtained under (d) of this section, and shall issue a
01 written decision within 45 days after receipt of the appeal. If employing an 02 independent auditor to review financial records, the state board may extend the 03 timeline required for its written decision by 90 days. 04 (f) If the commissioner or the state Board of Education and Early 05 Development overturns a local school board's decision to terminate a charter school's 06 contract or deny an application for renewal, the local school board shall operate the 07 charter school as provided in AS 14.03.255 - 14.03.290. 08 * Sec. 9. AS 14.03.260(a) is amended to read: 09 (a) A local school board shall provide an approved charter school with an 10 annual program budget. The budget shall be not less than the amount generated by the 11 students enrolled in the charter school less administrative costs retained by the local 12 school district, determined by applying the indirect cost rate approved by the 13 department up to four percent. Costs directly related to charter school facilities, 14 including rent, utilities, and maintenance, may not be included in an annual program 15 budget for the purposes of calculating the four percent cap on administrative costs 16 under this subsection. A local school board shall provide a charter school with a report 17 itemizing the administrative costs retained by the local school board under this section. 18 The "amount generated by students enrolled in the charter school" is to be determined 19 in the same manner as it would be for a student enrolled in another public school in 20 that school district and includes funds generated by grants, appropriations, federal 21 impact aid, the required local contribution, the local contribution under 22 AS 14.17.410(c), special needs under AS 14.17.420(a)(1), and secondary school 23 vocational and technical instruction under AS 14.17.420(a)(3). A school district shall 24 direct state aid under AS 14.11 for the construction or major maintenance of a charter 25 school facility to the charter school that generated the state aid, subject to the same 26 terms and conditions that apply to state aid under AS 14.11 for construction or major 27 maintenance of a school facility that is not a charter school. A school district shall 28 permit a charter school to maintain a year-end fund balance in a manner 29 consistent with AS 14.17.505(a). 30 * Sec. 10. AS 14.03.275 is amended to read: 31 Sec. 14.03.275. Contracts; duration. A contract for a charter school may be
01 for a term of no more than 10 years. A contract for a charter school may be 02 renewed. 03 * Sec. 11. AS 14.17.430 is amended to read: 04 Sec. 14.17.430. State funding for correspondence study. Except as provided 05 in AS 14.17.400(b), funding for the state centralized correspondence study program or 06 a district correspondence program, including a district that offers a statewide 07 correspondence study program, includes an allocation from the public education fund 08 in an amount equal to the ADM of the correspondence program [CALCULATED 09 BY MULTIPLYING THE ADM OF THE CORRESPONDENCE PROGRAM BY 90 10 PERCENT]. 11 * Sec. 12. AS 14.17.470 is amended to read: 12 Sec. 14.17.470. Base student allocation. The base student allocation is $6,520 13 [$5,960]. 14 * Sec. 13. AS 14.30.010(b) is amended to read: 15 (b) This section does not apply if a child 16 (1) is provided an academic education comparable to that offered by 17 the public schools in the area [, EITHER] by 18 (A) attendance at a private school in which the teachers are 19 certificated according to AS 14.20.020; 20 (B) tutoring by personnel certificated according to 21 AS 14.20.020; or 22 (C) attendance at an educational program operated in 23 compliance with AS 14.45.100 - 14.45.200 by a religious or other private 24 school; 25 (2) attends a school operated by the federal government; 26 (3) has a physical or mental condition that a competent medical 27 authority determines will make attendance impractical; 28 (4) is in the custody of a court or law enforcement authorities; 29 (5) is temporarily ill or injured; 30 (6) has been suspended or expelled under AS 14.03.160 or suspended 31 or denied admittance under AS 14.30.045;
01 (7) resides more than two miles from either a public school or a route 02 on which transportation is provided by the school authorities, except that this 03 paragraph does not apply if the child resides within two miles of a federal or private 04 school that the child is eligible and able to attend; 05 (8) is excused by action of the school board of the district at a regular 06 meeting or by the district superintendent subject to approval by the school board of the 07 district at the next regular meeting; 08 (9) has completed the 12th grade; 09 (10) is enrolled in 10 (A) a state boarding school established under AS 14.16; or 11 (B) a full-time program of correspondence study approved by 12 the department; in those school districts providing an approved correspondence 13 study program, a student may be enrolled either in the district correspondence 14 program or in the centralized correspondence study program; 15 (11) is equally well-served by an educational experience approved by 16 the school board as serving the child's educational interests despite an absence from 17 school, and the request for excuse is made in writing by the child's parents or guardian 18 and approved by the principal or administrator of the school that the child attends; 19 (12) is being educated in the child's home by a parent or legal 20 guardian; 21 (13) is enrolled in a public school in a district in which the child 22 does not reside as permitted under AS 14.03.080(a)(2). 23 * Sec. 14. AS 14.30.186(a) is amended to read: 24 (a) Special education and related services shall be provided by 25 (1) a borough or city school district for a child with a disability 26 residing within the district or attending a school in the district under 27 AS 14.03.080(a)(2); 28 (2) the board of a regional educational attendance area operating a 29 school in the area for a child with a disability residing in the area served by the school 30 or attending a school in the area under AS 14.03.080(a)(2); 31 (3) the borough, city school district, or regional educational attendance
01 area in which a treatment institution, as that term is defined in AS 47.14.990, juvenile 02 detention facility or juvenile treatment facility, as those terms are defined in 03 AS 47.12.990, or a correctional facility is located for a child with a disability placed at 04 the facility; 05 (4) a state boarding school established under AS 14.16 for a child with 06 a disability enrolled at a state boarding school; or 07 (5) a school district that provides a statewide correspondence study 08 program for a child with a disability who is enrolled in the program. 09 * Sec. 15. AS 14.30.186(e) is amended to read: 10 (e) If the parent of a child with a disability elects to educate the child as 11 allowed under AS 14.30.010(b)(1) - (12) [AS 14.30.010(b)], the child may not be 12 compelled to receive the special education and related services provided under 13 AS 14.30.180 - 14.30.350. 14 * Sec. 16. AS 14.30 is amended by adding a new section to read: 15 Sec. 14.30.773. Reading proficiency incentive grants. Subject to 16 appropriation, a school district is eligible to receive a reading proficiency incentive 17 grant of not less than $450 for each student in kindergarten through grade six who 18 (1) performs at grade-level reading proficiency; or 19 (2) at year-end, demonstrates improvement on the statewide screening 20 tool or a standards-based assessment in language arts approved by the department. 21 * Sec. 17. AS 14.33 is amended by adding a new section to read: 22 Article 5. Wireless Telecommunications Devices. 23 Sec. 14.33.300. Wireless telecommunications device policy. (a) Each school 24 district shall adopt a policy that regulates the possession and use of nonschool-issued 25 wireless telecommunications devices during regular school hours, including lunch and 26 passing periods. Each school district shall share this policy with parents or guardians, 27 students, volunteers, and school employees. If a school district's policy prohibits the 28 use of nonschool-issued wireless telecommunications devices, the policy must allow 29 exceptions for students to use a wireless telecommunications device for medical or 30 translation purposes, in the event of an emergency, or when a teacher or administrator 31 of the school grants permission to a student to use a wireless telecommunications
01 device for educational purposes. 02 (b) This section does not authorize a person to monitor, collect, or access 03 information related to a student's use of a wireless telecommunications device. 04 (c) In this section, "wireless telecommunications device" means any portable 05 wireless device that has the capability to provide voice, messaging, or other data 06 communication between two or more parties. 07 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. Sections 6 - 8 of this Act apply to a contract that is renewed or 10 becomes legally binding on or after the effective date of this Act. 11 * Sec. 19. This Act takes effect July 1, 2025.