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HB 231: "An Act relating to education; relating to education reports; relating to the duties of the Department of Education and Early Development; relating to teacher exit interviews conducted by school districts; relating to the teachers' retirement system; relating to the public employee retirement system; and providing for an effective date."

00 HOUSE BILL NO. 231 01 "An Act relating to education; relating to education reports; relating to the duties of the 02 Department of Education and Early Development; relating to teacher exit interviews 03 conducted by school districts; relating to the teachers' retirement system; relating to the 04 public employee retirement system; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 14.03.078(a) is amended to read: 07 (a) The department shall provide to the legislature and school districts by 08 February 15 of each year by electronic means an annual report regarding the progress 09 of each school and school district toward high academic performance by all students. 10 The report required under this section must include 11 (1) information described under AS 14.03.120; 12 (2) progress of the department 13 (A) toward implementing the school accountability provisions 14 of AS 14.03.123; and

01 (B) in assisting high schools to become accredited; 02 (3) a description of the resources provided to each school and school 03 district for coordinated school improvement activities and staff training in each school 04 and school district; 05 (4) each school district's and each school's progress in aligning 06 curriculum with state education performance standards; 07 (5) a description of the efforts by the department to assist a public 08 school or district that receives a low performance designation under AS 14.03.123; 09 (6) a description of intervention efforts by each school district and 10 school for students who are not meeting state performance standards; 11 (7) the number and percentage of turnover in certificated personnel and 12 superintendents, information regarding working conditions for teachers and 13 paraprofessionals, the availability of local housing, aggregated information 14 compiled through teacher exit interviews conducted under AS 14.20.183, and 15 data-based recommendations to shape teacher retention strategies; 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. 03 * Sec. 2. AS 14.03.120(a) is amended to read: 04 (a) A district shall annually file with the department, and make available to the 05 public, a report that 06 (1) establishes district goals and priorities for improving education in 07 the district; 08 (2) includes a plan for achieving district goals and priorities; and 09 (3) includes a means of measuring the achievement of district goals 10 and priorities; 11 (4) includes the information compiled through teacher exit 12 interviews conducted under AS 14.20.183. 13 * Sec. 3. AS 14.07.020(a) is amended to read: 14 (a) The department shall 15 (1) exercise general supervision over the public schools of the state 16 except the University of Alaska; 17 (2) study the conditions and needs of the public schools of the state, 18 adopt or recommend plans, administer and evaluate grants to improve school 19 performance awarded under AS 14.03.125, and adopt regulations for the improvement 20 of the public schools; the department may consult with the University of Alaska to 21 develop secondary education requirements to improve student achievement in college 22 preparatory courses; 23 (3) provide advisory and consultative services to all public school 24 governing bodies and personnel; 25 (4) prescribe by regulation a minimum course of study for the public 26 schools; the regulations must provide that, if a course in American Sign Language is 27 given, the course shall be given credit as a course in a foreign language; 28 (5) establish, in coordination with the Department of Family and 29 Community Services, a program for the continuing education of children who are held 30 in juvenile detention facilities or juvenile treatment facilities, as those terms are 31 defined in AS 47.12.990, in the state during the period of detention or treatment;

01 (6) accredit those public schools that meet accreditation standards 02 prescribed by regulation by the department; these regulations shall be adopted by the 03 department and presented to the legislature during the first 10 days of any regular 04 session, and become effective 45 days after presentation or at the end of the session, 05 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 06 the members of each house; 07 (7) prescribe by regulation, after consultation with the state fire 08 marshal and the state sanitarian, standards that will ensure healthful and safe 09 conditions in the public and private schools of the state, including a requirement of 10 physical examinations and immunizations in pre-elementary schools; the standards for 11 private schools may not be more stringent than those for public schools; 12 (8) exercise general supervision over early education programs that 13 receive direct state or federal funding, including early education programs provided by 14 a school district for students four and five years of age, approve an early education 15 program provided by a school district that complies with the standards adopted by the 16 board under AS 14.07.165(a)(5), and revoke approval of an early education program if 17 the program does not comply with the standards adopted by the board under 18 AS 14.07.165(a)(5); 19 (9) exercise general supervision over elementary and secondary 20 correspondence study programs offered by municipal school districts or regional 21 educational attendance areas; the department may also offer and make available to any 22 Alaskan through a centralized office a correspondence study program; 23 (10) accredit private schools that request accreditation and that meet 24 accreditation standards prescribed by regulation by the department; nothing in this 25 paragraph authorizes the department to require religious or other private schools to be 26 licensed; 27 (11) review plans for construction of new public elementary and 28 secondary schools and for additions to and major rehabilitation of existing public 29 elementary and secondary schools and, in accordance with regulations adopted by the 30 department, determine and approve the extent of eligibility for state aid of a school 31 construction or major maintenance project; for the purposes of this paragraph, "plans"

01 include educational specifications, schematic designs, projected energy consumption 02 and costs, and final contract documents; 03 (12) provide educational opportunities in the areas of vocational 04 education and training, and basic education to individuals over 16 years of age who 05 are no longer attending school; the department may consult with businesses and labor 06 unions to develop a program to prepare students for apprenticeships or internships that 07 will lead to employment opportunities; 08 (13) administer the grants awarded under AS 14.11; 09 (14) establish, in coordination with the Department of Public Safety, a 10 school bus driver training course; 11 (15) require the reporting of information relating to school disciplinary 12 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 13 behavior; 14 (16) establish by regulation criteria, based on low student performance, 15 under which the department may intervene in a school district to improve instructional 16 practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include 17 (A) a notice provision that alerts the district to the deficiencies 18 and the instructional practice changes proposed by the department; 19 (B) an end date for departmental intervention, as described in 20 AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three 21 consecutive years of improvement consisting of not less than two percent 22 increases in student proficiency on standards-based assessments in language 23 arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 24 (C) a process for districts to petition the department for 25 continuing or discontinuing the department's intervention; 26 (17) notify the legislative committees having jurisdiction over 27 education before intervening in a school district under AS 14.07.030(a)(14) or 28 redirecting public school funding under AS 14.07.030(a)(15); 29 (18) establish a reading program to provide direct support for and 30 intervention in the reading intervention programs of participating schools as described 31 in AS 14.30.765 and 14.30.770;

01 (19) annually convene, either in person or electronically, a panel to 02 review and comment on the effectiveness of the programs created by the department 03 and the regulations adopted by the board to implement AS 14.03.410, 14.03.420, 04 AS 14.30.760 - 14.30.770, and 14.30.800; the panel 05 (A) shall provide recommendations and guidance to the board, 06 the department, and the legislature on how to integrate early education and 07 reading programs created under this title with tribal compacting or programs 08 focused on cultural education within the department; 09 (B) shall discuss support for reading in Alaska Native 10 languages and other non-English languages; 11 (C) must collectively represent the regions of the state and 12 include teachers of grades kindergarten through three, school administrators, 13 parents of students in grades kindergarten through three, stakeholders from 14 Indigenous language immersion programs, representatives from early 15 education stakeholder groups, and researchers of best practices for improving 16 literacy performance, including best practices for instruction of Indigenous 17 students and students whose first language is not English; 18 (20) provide financial planning and retirement training to teachers 19 and paraprofessionals; 20 (21) support mentoring programs for school principals and district 21 superintendents. 22 * Sec. 4. AS 14.07.020(a), as amended by sec. 16, ch. 40, SLA 2022, is amended to read: 23 (a) The department shall 24 (1) exercise general supervision over the public schools of the state 25 except the University of Alaska; 26 (2) study the conditions and needs of the public schools of the state, 27 adopt or recommend plans, administer and evaluate grants to improve school 28 performance awarded under AS 14.03.125, and adopt regulations for the improvement 29 of the public schools; the department may consult with the University of Alaska to 30 develop secondary education requirements to improve student achievement in college 31 preparatory courses;

01 (3) provide advisory and consultative services to all public school 02 governing bodies and personnel; 03 (4) prescribe by regulation a minimum course of study for the public 04 schools; the regulations must provide that, if a course in American Sign Language is 05 given, the course shall be given credit as a course in a foreign language; 06 (5) establish, in coordination with the Department of Family and 07 Community Services, a program for the continuing education of children who are held 08 in juvenile detention facilities or juvenile treatment facilities, as those terms are 09 defined in AS 47.12.990, in the state during the period of detention or treatment; 10 (6) accredit those public schools that meet accreditation standards 11 prescribed by regulation by the department; these regulations shall be adopted by the 12 department and presented to the legislature during the first 10 days of any regular 13 session, and become effective 45 days after presentation or at the end of the session, 14 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 15 the members of each house; 16 (7) prescribe by regulation, after consultation with the state fire 17 marshal and the state sanitarian, standards that will ensure healthful and safe 18 conditions in the public and private schools of the state, including a requirement of 19 physical examinations and immunizations in pre-elementary schools; the standards for 20 private schools may not be more stringent than those for public schools; 21 (8) exercise general supervision over early education programs that 22 receive direct state or federal funding, including early education programs provided by 23 a school district for students four and five years of age; 24 (9) exercise general supervision over elementary and secondary 25 correspondence study programs offered by municipal school districts or regional 26 educational attendance areas; the department may also offer and make available to any 27 Alaskan through a centralized office a correspondence study program; 28 (10) accredit private schools that request accreditation and that meet 29 accreditation standards prescribed by regulation by the department; nothing in this 30 paragraph authorizes the department to require religious or other private schools to be 31 licensed;

01 (11) review plans for construction of new public elementary and 02 secondary schools and for additions to and major rehabilitation of existing public 03 elementary and secondary schools and, in accordance with regulations adopted by the 04 department, determine and approve the extent of eligibility for state aid of a school 05 construction or major maintenance project; for the purposes of this paragraph, "plans" 06 include educational specifications, schematic designs, projected energy consumption 07 and costs, and final contract documents; 08 (12) provide educational opportunities in the areas of vocational 09 education and training, and basic education to individuals over 16 years of age who 10 are no longer attending school; the department may consult with businesses and labor 11 unions to develop a program to prepare students for apprenticeships or internships that 12 will lead to employment opportunities; 13 (13) administer the grants awarded under AS 14.11; 14 (14) establish, in coordination with the Department of Public Safety, a 15 school bus driver training course; 16 (15) require the reporting of information relating to school disciplinary 17 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 18 behavior; 19 (16) establish by regulation criteria, based on low student performance, 20 under which the department may intervene in a school district to improve instructional 21 practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include 22 (A) a notice provision that alerts the district to the deficiencies 23 and the instructional practice changes proposed by the department; 24 (B) an end date for departmental intervention, as described in 25 AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three 26 consecutive years of improvement consisting of not less than two percent 27 increases in student proficiency on standards-based assessments in language 28 arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 29 (C) a process for districts to petition the department for 30 continuing or discontinuing the department's intervention; 31 (17) notify the legislative committees having jurisdiction over

01 education before intervening in a school district under AS 14.07.030(a)(14) or 02 redirecting public school funding under AS 14.07.030(a)(15); 03 (18) provide financial planning and retirement training to teachers 04 and paraprofessionals; 05 (19) support mentoring programs for school principals and district 06 superintendents. 07 * Sec. 5. AS 14.20.020(b) is amended to read: 08 (b) A person is not eligible for a teacher certificate unless that person has 09 received at least a baccalaureate degree from an institution of higher education 10 accredited by a recognized regional or international accrediting association or 11 approved by the commissioner and, if applicable, has passed the examination or 12 examinations required by (i) of this section. However, this subsection is not applicable 13 to 14 (1) persons employed in the state public school system on 15 September 1, 1962; 16 (2) persons issued an emergency certificate during a situation that, in 17 the judgment of the commissioner, requires the temporary issuance of a certificate to a 18 person not otherwise qualified. 19 * Sec. 6. AS 14.20 is amended by adding a new section to read: 20 Sec. 14.20.183. Exit interviews. A school district shall contract with an 21 independent third party to conduct an exit interview with a teacher when the teacher 22 terminates employment with the school district. 23 * Sec. 7. AS 14.25.009 is amended to read: 24 Sec. 14.25.009. Applicability of AS 14.25.009 - 14.25.220. The provisions of 25 AS 14.25.009 - 14.25.220 apply only to members first hired before July 1, 2006, and 26 teachers who are also members of the public employees' defined benefit 27 retirement plan under AS 39.35.095 - 39.35.680 who do not elect under 28 AS 14.25.540 to participate in the defined contribution retirement plan under 29 AS 14.25.310 - 14.25.590. 30 * Sec. 8. AS 14.25.310 is amended to read: 31 Sec. 14.25.310. Applicability of AS 14.25.310 - 14.25.590. The provisions of

01 AS 14.25.310 - 14.25.590 apply only to teachers who first become members on or 02 after July 1, 2006, to members who are employed by employers that do not participate 03 in the defined benefit retirement plan established under AS 14.25.009 - 14.25.220, to 04 teachers who are also members of the defined benefit retirement plan under 05 AS 39.35.095 - 39.35.680 and elect to participate in this plan [TO FORMER 06 MEMBERS UNDER AS 14.25.220], or to members who transfer into the defined 07 contribution retirement plan under AS 14.25.540. 08 * Sec. 9. AS 14.25.330(a) is amended to read: 09 (a) A teacher who first becomes a member on or after July 1, 2006, and who 10 is not also a member of the defined benefit retirement plan under AS 39.35.095 - 11 39.35.680 shall participate in the system [PLAN] as a member of the defined 12 contribution retirement plan. 13 * Sec. 10. AS 14.43.700 is amended to read: 14 Sec. 14.43.700. Definition. In AS 14.43.600 - 14.43.700, "rural" means a 15 community [WITH A POPULATION OF 7,500 OR LESS] that is not connected by 16 road or rail to Anchorage or Fairbanks or a community with a population of 1,500 or 17 less that is connected by road or rail to Anchorage or Fairbanks. 18 * Sec. 11. AS 39.35.120(b) is amended to read: 19 (b) Inclusion in the plan is a condition of employment for an employee except 20 as otherwise provided for 21 (1) an elected official; 22 (2) [REPEALED 23 (3)] an employee of the university who participates in a university 24 retirement program under AS 14.40.661 - 14.40.799; 25 (3) an employee who is a member of a defined contribution 26 retirement plan under AS 14.25.310 - 14.25.590 or AS 39.35.700 - 39.35.990. 27 * Sec. 12. AS 39.35.680(22) is amended to read: 28 (22) "member" or "employee" 29 (A) means a person eligible to participate in the plan and who 30 is covered by the plan; 31 (B) includes

01 (i) an active member; 02 (ii) an inactive member; 03 (iii) a vested member; 04 (iv) a deferred vested member; 05 (v) a nonvested member; 06 (vi) a disabled member; 07 (vii) a retired member; 08 (viii) an elected public officer under AS 39.35.381; 09 (C) does not include 10 (i) former members; 11 (ii) persons compensated on a contractual or fee basis; 12 (iii) casual or emergency workers or nonpermanent 13 employees as defined in AS 39.25.200; 14 (iv) persons covered by the Alaska Teachers' 15 Retirement System except as provided under AS 14.25.009, 16 AS 39.35.131 and 39.35.381, or persons covered by a university 17 retirement program; 18 (v) employees of the division of marine transportation 19 engaged in operating the state ferry system who are covered by a union 20 or group retirement system to which the state makes contributions; 21 (vi) justices of the supreme court or judges of the court 22 of appeals or of the superior or district courts of Alaska; 23 (vii) the administrative director of the Alaska Court 24 System appointed under art. IV, sec. 16 of the state constitution unless 25 the director becomes a member under AS 39.35.158; 26 (viii) members of the elected public officers' retirement 27 system (former AS 39.37); and 28 (ix) contractual employees of the legislative branch of 29 state government under AS 24.10.060(f); 30 (D) may include employees of the division of marine 31 transportation excluded under (C)(v) of this paragraph if [PROVIDED THAT]

01 (i) the State of Alaska formally agrees to their inclusion 02 through the process of collective bargaining; and 03 (ii) no collective bargaining agreement has the effect of 04 obligating contributions made by the state under AS 39.30.150 in the 05 event the state resumes participation in the federal social security 06 system; 07 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 LUMP SUM PAYMENT FOR CERTAIN TEACHERS AND 10 PARAPROFESSIONALS. (a) Subject to appropriation for the fiscal years ending June 30, 11 2026, June 30, 2027, and June 30, 2028, a certificated full-time teacher occupying a position 12 requiring teaching on a regular basis during the normal work period for each day or week at a 13 classroom teaching assignment in a public elementary or secondary school, excluding a 14 person teaching as an assistant or graduate assistant or teaching on a substitute, temporary, or 15 per diem basis, or a full-time paraprofessional working in a public school is entitled to receive 16 a lump sum payment as a retention and recruitment incentive on or within a reasonable period 17 after July 1, 2026, July 1, 2027, and July 1, 2028, if the teacher was employed in a full-time 18 classroom teaching position or the paraprofessional was employed in a full-time 19 paraprofessional position for the entirety of the school term for the school year immediately 20 preceding the date of payment. The Department of Education and Early Development shall 21 reduce the retention and recruitment incentive by the amount necessary to pay mandatory 22 employee and employer deductions, including a deduction required under AS 14.25. 23 (b) Subject to the application and certification requirements in (c) of this section, the 24 Department of Education and Early Development shall pay the retention and recruitment 25 incentive identified in (a) of this section as grants to school districts as follows: 26 (1) $5,000 for each eligible certificated full-time teacher teaching or full-time 27 paraprofessional working in the following districts: 28 (A) Anchorage School District; 29 (B) Fairbanks North Star Borough School District; 30 (C) Juneau Borough School District; 31 (D) Kenai Peninsula Borough School District;

01 (E) Matanuska-Susitna Borough School District; 02 (2) $10,000 for each eligible certificated full-time teacher teaching or full-time 03 paraprofessional working in the following districts: 04 (A) Alaska Gateway School District; 05 (B) Aleutian Region School District; 06 (C) Aleutians East Borough School District; 07 (D) Annette Island School District; 08 (E) Chugach School District; 09 (F) Copper River School District; 10 (G) Cordova City School District; 11 (H) Delta/Greely School District; 12 (I) Denali Borough School District; 13 (J) Galena City School District; 14 (K) Haines Borough School District; 15 (L) Ketchikan Gateway Borough School District; 16 (M) Kodiak Island Borough School District; 17 (N) Mount Edgecumbe; 18 (O) Nenana City School District; 19 (P) Nome Public Schools; 20 (Q) Petersburg Borough School District; 21 (R) Saint Mary's School District; 22 (S) Sitka School District; 23 (T) Skagway School District; 24 (U) Unalaska City School District; 25 (V) Valdez City School District; 26 (W) Wrangell Public School District; 27 (X) Yakutat School District; 28 (3) $15,000 for each eligible certificated full-time teacher teaching or full-time 29 paraprofessional working in the following districts: 30 (A) Bering Strait School District; 31 (B) Bristol Bay Borough School District;

01 (C) Chatham School District; 02 (D) Craig City School District; 03 (E) Dillingham City School District; 04 (F) Hoonah City School District; 05 (G) Hydaburg City School District; 06 (H) Iditarod Area School District; 07 (I) Kake City School District; 08 (J) Kashunamiut School District; 09 (K) Klawock City School District; 10 (L) Kuspuk School District; 11 (M) Lake and Peninsula Borough School District; 12 (N) Lower Kuskokwim School District; 13 (O) Lower Yukon School District; 14 (P) North Slope Borough School District; 15 (Q) Northwest Arctic Borough School District; 16 (R) Pelican City School District; 17 (S) Pribilof School District; 18 (T) Southeast Island School District; 19 (U) Southwest Region School District; 20 (V) Tanana City School District; 21 (W) Yukon Flats School District; 22 (X) Yukon-Koyukuk School District; 23 (Y) Yupiit School District. 24 (c) To be eligible for the retention and recruitment incentive identified in (a) of this 25 section, a certificated full-time teacher or a full-time paraprofessional must apply during each 26 eligible calendar year to the Department of Education and Early Development on a date not 27 later than the final day the teacher's school is in session for the school term established by the 28 governing body of that teacher's school district or regional educational attendance area. The 29 teacher or paraprofessional shall apply for the payment under this section on a form 30 designated by the commissioner of education and early development. For each teacher or 31 paraprofessional who applies, the school district or regional educational attendance area shall

01 certify the teacher's or paraprofessional's eligibility for payment under (a) of this section to the 02 Department of Education and Early Development. 03 (d) A payment made under this section is considered compensation for the purposes 04 of AS 14.25. 05 (e) The Department of Education and Early Development may adopt regulations 06 necessary to carry out the purposes of this section. 07 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: RETIREMENT PLAN ELECTION. A teacher who became a member 10 of the defined contribution retirement plan under AS 14.25.310 - 14.25.590 after June 30, 11 2006, and before the effective date of secs. 7 - 9, 11, and 12 of this Act, and who, on the 12 effective date of secs. 7 - 9, 11, and 12 of this Act, is a member employed by an employer in 13 that defined contribution retirement plan and is also a member of the defined benefit 14 retirement plan under AS 39.35.095 - 39.35.680 may, within 180 days after the effective date 15 of secs. 7 - 9, 11, and 12 of this Act, make a one-time election to participate in the defined 16 benefit retirement plan under AS 14.25.009 - 14.25.220 and to transfer all contributions that 17 have been made or should be made to the defined contribution retirement plan for service the 18 member completes before the effective date of the member's participation in the defined 19 benefit retirement plan. The transferred contributions shall be used to purchase credited 20 service in the defined benefit retirement plan under AS 14.25.009 - 14.25.220 on an actuarial 21 equivalent basis determined by the Alaska Retirement Management Board established under 22 AS 37.10.210. The provisions of AS 14.25.044 apply to an election made under this section. 23 * Sec. 15. Section 4 of this Act takes effect on the effective date of sec. 16, ch. 40, SLA 24 2022. 25 * Sec. 16. Section 13 of this Act takes effect July 1, 2025. 26 * Sec. 17. Sections 7 - 12 and 14 of this Act take effect immediately under AS 01.10.070(c).