HB 261: "An Act relating to education funding; and providing for an effective date."
00 HOUSE BILL NO. 261 01 "An Act relating to education funding; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.03.410(e) is amended to read: 04 (e) A student in an early education program may not be counted in a district's 05 ADM under AS 14.17.600 [AS 14.17.500] unless the department has approved the 06 program. 07 * Sec. 2. AS 14.11.100(o) is amended to read: 08 (o) The total amount of school construction projects approved for 09 reimbursement by the department under (a)(10) of this section 10 (1) may not exceed $190,644,901; and 11 (2) after June 30, 1998, and until July 1, 2006, shall be allocated as 12 follows: 13 (A) $77,897,000 to projects in a municipality with a public 14 school enrollment of 25,000 or more students in fiscal year 2000, as 15 determined under former AS 14.17.500;
01 (B) $14,571,000 to projects in a municipality with a public 02 school enrollment of at least 15,000 but less than 25,000 students in fiscal year 03 2000, as determined under former AS 14.17.500; 04 (C) $14,143,000 to projects in a municipality with a public 05 school enrollment of at least 10,000 but less than 15,000 students in fiscal year 06 2000, as determined under former AS 14.17.500; 07 (D) $7,429,000 to projects in a municipality with a public 08 school enrollment of at least 7,500 but less than 10,000 students in fiscal year 09 2000, as determined under former AS 14.17.500; 10 (E) $20,712,912 to projects in a municipality with a public 11 school enrollment of at least 5,000 but less than 7,500 students in fiscal year 12 2000, as determined under former AS 14.17.500; 13 (F) $2,660,000 to projects in a municipality with a public 14 school enrollment of at least 2,750 but less than 3,000 students in fiscal year 15 2000, as determined under former AS 14.17.500; 16 (G) $454,000 to projects in a municipality with a public school 17 enrollment of at least 2,400 but less than 2,750 students in fiscal year 2000, as 18 determined under former AS 14.17.500; 19 (H) $46,869,989 to projects in a municipality with a public 20 school enrollment of at least 2,050 but less than 2,400 students in fiscal year 21 2000, as determined under former AS 14.17.500; 22 (I) $329,000 to projects in a municipality with a public school 23 enrollment of at least 1,700 but less than 1,750 students in fiscal year 2000, as 24 determined under former AS 14.17.500; 25 (J) $286,000 to projects in a municipality with a public school 26 enrollment of at least 650 but less than 725 students in fiscal year 2000, as 27 determined under former AS 14.17.500; 28 (K) $519,000 to projects in a municipality with a public school 29 enrollment of at least 500 but less than 525 students in fiscal year 2000, as 30 determined under former AS 14.17.500; 31 (L) $2,224,000 to projects in a municipality with a public
01 school enrollment of at least 425 but less than 482 students in fiscal year 2000, 02 as determined under former AS 14.17.500; 03 (M) $2,550,000 to projects in a municipality with a public 04 school enrollment of at least 290 but less than 305 students in fiscal year 2000, 05 as determined under former AS 14.17.500. 06 * Sec. 3. AS 14.11.100(p) is amended to read: 07 (p) The total amount of school construction projects approved for 08 reimbursement by the department under (a)(13) and (a)(14) of this section 09 (1) may not exceed $177,256,000; 10 (2) after June 30, 1999, and until October 31, 2006, shall be allocated 11 as follows: 12 (A) $61,925,000 to projects in a municipality with a public 13 school enrollment of 45,000 or more students in fiscal year 2005, as 14 determined under former AS 14.17.500; 15 (B) $40,570,000 to projects in a municipality with a public 16 school enrollment of at least 14,600 but less than 20,000 students in fiscal year 17 2005, as determined under former AS 14.17.500; 18 (C) $20,000,000 to projects in a municipality with a public 19 school enrollment of at least 10,000 but less than 14,600 students in fiscal year 20 2005, as determined under former AS 14.17.500; 21 (D) $2,588,000 to projects in a municipality with a public 22 school enrollment of at least 7,500 but less than 10,000 students in fiscal year 23 2005, as determined under former AS 14.17.500; 24 (E) $5,995,000 to projects in a municipality with a public 25 school enrollment of at least 4,000 but less than 6,000 students in fiscal year 26 2005, as determined under former AS 14.17.500; 27 (F) $1,237,000 to projects in a municipality with a public 28 school enrollment of at least 2,400 but less than 2,800 students in fiscal year 29 2005, as determined under former AS 14.17.500; 30 (G) $1,100,000 to projects in a municipality with a public 31 school enrollment of at least 2,200 but less than 2,400 students in fiscal year
01 2005, as determined under former AS 14.17.500; 02 (H) $7,164,000 to projects in a municipality with a public 03 school enrollment of at least 1,300 but less than 1,500 students in fiscal year 04 2005, as determined under former AS 14.17.500; 05 (I) $1,260,000 to projects in a municipality with a public 06 school enrollment of at least 740 but less than 757 students in fiscal year 2005, 07 as determined under former AS 14.17.500; 08 (J) $608,000 to projects in a municipality with a public school 09 enrollment of at least 650 but less than 700 students in fiscal year 2005, as 10 determined under former AS 14.17.500; 11 (K) $32,000,000 to projects in a municipality with a public 12 school enrollment of at least 500 but less than 600 students in fiscal year 2005, 13 as determined under former AS 14.17.500; 14 (L) $2,809,000 to projects in a municipality with a public 15 school enrollment of at least 370 but less than 390 students in fiscal year 2005, 16 as determined under former AS 14.17.500. 17 * Sec. 4. AS 14.11.100(q) is amended to read: 18 (q) The total amount of school construction projects approved for 19 reimbursement by the department under (a)(15) of this section 20 (1) may not exceed $14,644,000; 21 (2) after June 30, 1999, and until October 31, 2006, shall be allocated 22 as follows: 23 (A) $6,522,000 to projects in a municipality with a public 24 school enrollment of at least 1,925 but less than 2,025 students in fiscal year 25 2005, as determined under former AS 14.17.500; 26 (B) $8,122,000 to projects in a municipality with a public 27 school enrollment of at least 398 but less than 400 students in fiscal year 2005, 28 as determined under former AS 14.17.500. 29 * Sec. 5. AS 14.16.050(a) is amended to read: 30 (a) The following provisions apply with respect to the operation and 31 management of a state boarding school as if it were a school district:
01 (1) requirements relating to school district operations: 02 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 03 session, and school holidays); 04 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 05 applicable to school district operations); 06 (C) regulations adopted by the board under authority of 07 AS 14.07.020(a) that are applicable to school districts and their schools, unless 08 the board specifically exempts state boarding schools from compliance with a 09 regulation; 10 (D) AS 14.12.150 (authorizing school districts to establish and 11 participate in the services of a regional resource center); 12 (E) AS 14.14.050 (imposing the requirement of an annual 13 audit); 14 (F) AS 14.14.110 (authorizing cooperation with other school 15 districts); 16 (G) AS 14.14.140(b) (establishing a prohibition on 17 employment of a relative of the chief school administrator); 18 (H) AS 14.18 (prohibiting discrimination based on sex in 19 public education); 20 (2) requirements relating to the public school funding program and the 21 receipt and expenditure of that funding: 22 (A) [AS 14.17.500 (RELATING TO STUDENT COUNT 23 ESTIMATES); 24 (B)] AS 14.17.505 (relating to school operating fund balances); 25 (B) AS 14.17.505 - 14.17.910 [(C) AS 14.17.500 - 14.17.910] 26 (setting out the procedure for payment of public school funding and imposing 27 general requirements and limits on money paid); 28 (3) requirements relating to teacher employment and retirement: 29 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 30 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 31 tenure of teachers);
01 (C) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 02 provisions for teachers); 03 (D) AS 23.40.070 - 23.40.260 (authorizing collective 04 bargaining by certificated employees), except with regard to teachers who are 05 administrators and except that the board may delegate some or all of its 06 responsibilities under those statutes; 07 (E) AS 14.25 (provisions regarding the teachers' retirement 08 system); 09 (4) requirements relating to students and educational programs: 10 (A) AS 14.30.180 - 14.30.350 (relating to educational services 11 for children with disabilities); 12 (B) AS 14.30.360 - 14.30.370 (establishing health education 13 program standards); 14 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 15 bicultural education). 16 * Sec. 6. AS 14.17.410(b) is amended to read: 17 (b) Public school funding consists of state aid, a required local contribution, 18 and eligible federal impact aid determined as follows: 19 (1) state aid equals basic need minus a required local contribution and 20 90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum 21 obtained under (D) of this paragraph, multiplied by the base student allocation set out 22 in AS 14.17.470; district adjusted ADM is calculated as follows: 23 (A) the ADM of each school in the district is calculated by 24 applying the school size factor to the student count as set out in AS 14.17.450; 25 (B) the number obtained under (A) of this paragraph is 26 multiplied by the district cost factor described in AS 14.17.460; 27 (C) the ADMs of each school in a district, as adjusted 28 according to (A) and (B) of this paragraph, are added; the sum is then 29 multiplied by the special needs factor set out in AS 14.17.420(a)(1) and the 30 secondary school vocational and technical instruction funding factor set out in 31 AS 14.17.420(a)(3);
01 (D) the number obtained for intensive services under 02 AS 14.17.420(a)(2) and the number obtained for correspondence study under 03 AS 14.17.430 are added to the number obtained under (C) of this paragraph or 04 under (E) [(H)] and (F) [(I)] of this paragraph; 05 (E) [NOTWITHSTANDING (A) - (C) OF THIS 06 PARAGRAPH, IF A SCHOOL DISTRICT'S ADM ADJUSTED FOR 07 SCHOOL SIZE UNDER (A) OF THIS PARAGRAPH DECREASES BY 08 FIVE PERCENT OR MORE FROM ONE FISCAL YEAR TO THE NEXT 09 FISCAL YEAR, THE SCHOOL DISTRICT MAY USE THE LAST FISCAL 10 YEAR BEFORE THE DECREASE AS A BASE FISCAL YEAR TO 11 OFFSET THE DECREASE, ACCORDING TO THE FOLLOWING 12 METHOD: 13 (i) FOR THE FIRST FISCAL YEAR AFTER THE 14 BASE FISCAL YEAR DETERMINED UNDER THIS 15 SUBPARAGRAPH, THE SCHOOL DISTRICT'S ADM ADJUSTED 16 FOR SCHOOL SIZE DETERMINED UNDER (A) OF THIS 17 PARAGRAPH IS CALCULATED AS THE DISTRICT'S ADM 18 ADJUSTED FOR SCHOOL SIZE, PLUS 75 PERCENT OF THE 19 DIFFERENCE IN THE DISTRICT'S ADM ADJUSTED FOR 20 SCHOOL SIZE BETWEEN THE BASE FISCAL YEAR AND THE 21 FIRST FISCAL YEAR AFTER THE BASE FISCAL YEAR; 22 (ii) FOR THE SECOND FISCAL YEAR AFTER THE 23 BASE FISCAL YEAR DETERMINED UNDER THIS 24 SUBPARAGRAPH, THE SCHOOL DISTRICT'S ADM ADJUSTED 25 FOR SCHOOL SIZE DETERMINED UNDER (A) OF THIS 26 PARAGRAPH IS CALCULATED AS THE DISTRICT'S ADM 27 ADJUSTED FOR SCHOOL SIZE, PLUS 50 PERCENT OF THE 28 DIFFERENCE IN THE DISTRICT'S ADM ADJUSTED FOR 29 SCHOOL SIZE BETWEEN THE BASE FISCAL YEAR AND THE 30 SECOND FISCAL YEAR AFTER THE BASE FISCAL YEAR; 31 (iii) FOR THE THIRD FISCAL YEAR AFTER THE
01 BASE FISCAL YEAR DETERMINED UNDER THIS 02 SUBPARAGRAPH, THE SCHOOL DISTRICT'S ADM ADJUSTED 03 FOR SCHOOL SIZE DETERMINED UNDER (A) OF THIS 04 PARAGRAPH IS CALCULATED AS THE DISTRICT'S ADM 05 ADJUSTED FOR SCHOOL SIZE, PLUS 25 PERCENT OF THE 06 DIFFERENCE IN THE DISTRICT'S ADM ADJUSTED FOR 07 SCHOOL SIZE BETWEEN THE BASE FISCAL YEAR AND THE 08 THIRD FISCAL YEAR AFTER THE BASE FISCAL YEAR; 09 (F) THE METHOD ESTABLISHED IN (E) OF THIS 10 PARAGRAPH IS AVAILABLE TO A SCHOOL DISTRICT FOR THE 11 THREE FISCAL YEARS FOLLOWING THE BASE FISCAL YEAR 12 DETERMINED UNDER (E) OF THIS PARAGRAPH ONLY IF THE 13 DISTRICT'S ADM ADJUSTED FOR SCHOOL SIZE DETERMINED 14 UNDER (A) OF THIS PARAGRAPH FOR EACH FISCAL YEAR IS LESS 15 THAN THE DISTRICT'S ADM ADJUSTED FOR SCHOOL SIZE IN THE 16 BASE FISCAL YEAR; 17 (G) THE METHOD ESTABLISHED IN (E) OF THIS 18 PARAGRAPH DOES NOT APPLY TO A DECREASE IN THE DISTRICT'S 19 ADM ADJUSTED FOR SCHOOL SIZE RESULTING FROM A LOSS OF 20 ENROLLMENT THAT OCCURS AS A RESULT OF A BOUNDARY 21 CHANGE UNDER AS 29; 22 (H)] notwithstanding (A) - (C) of this paragraph, if one or more 23 schools close and consolidate with one or more other schools in the same 24 community and district and, as a result of the consolidation, basic need 25 generated by the district's ADM of the consolidated schools as adjusted under 26 (A) - (C) of this paragraph decreases, the district may use the last fiscal year 27 before the consolidation as the base fiscal year to offset that decrease for the 28 first four fiscal years following consolidation according to the following 29 method: 30 (i) for the first two fiscal years after the base fiscal year, 31 the district's ADM of the consolidated schools as adjusted under (A) -
01 (C) of this paragraph is calculated by dividing the sum of the district's 02 ADM of the consolidated schools as adjusted under (A) - (C) of this 03 paragraph for the base fiscal year by the sum of the district's ADM of 04 the consolidated schools for the base fiscal year without adjustment, 05 and subtracting the quotient obtained by dividing the district's ADM of 06 the consolidated schools for the current fiscal year as adjusted under 07 (A) - (C) of this paragraph by the sum of the district's ADM of the 08 consolidated schools for the current fiscal year without adjustment, 09 multiplying that number by the sum of the district's ADM of the 10 consolidated schools for the current fiscal year without adjustment, and 11 adding that number to the sum of the district's ADM of the consolidated 12 schools for the current fiscal year as adjusted under (A) - (C) of this 13 paragraph; 14 (ii) for the third fiscal year after the base fiscal year, the 15 district's ADM of the consolidated schools as adjusted under (A) - (C) 16 of this paragraph is calculated by dividing the sum of the district's 17 ADM of the consolidated schools as adjusted under (A) - (C) of this 18 paragraph for the base fiscal year by the sum of the district's ADM of 19 the consolidated schools for the base fiscal year without adjustment, 20 and subtracting the quotient obtained by dividing the sum of the 21 district's ADM of the consolidated schools for the current fiscal year as 22 adjusted under (A) - (C) of this paragraph by the sum of the district's 23 ADM of the consolidated schools for the current fiscal year, 24 multiplying that number by the sum of the district's ADM of the 25 consolidated schools for the current fiscal year without adjustment, 26 multiplying that number by 66 percent, and adding that number to the 27 sum of the district's ADM of the consolidated schools for the current 28 fiscal year as adjusted under (A) - (C) of this paragraph; 29 (iii) for the fourth fiscal year after the base fiscal year, 30 the district's ADM of the consolidated schools as adjusted under (A) - 31 (C) of this paragraph is calculated by dividing the sum of the district's
01 ADM of the consolidated schools as adjusted under (A) - (C) of this 02 paragraph for the base fiscal year by the sum of the district's ADM of 03 the consolidated schools for the base fiscal year without adjustment, 04 and subtracting the quotient obtained by dividing the sum of the 05 district's ADM of the consolidated schools for the current fiscal year as 06 adjusted under (A) - (C) of this paragraph by the sum of the district's 07 ADM of the consolidated schools for the current fiscal year, 08 multiplying that number by the sum of the district's ADM of the 09 consolidated schools for the current fiscal year without adjustment, 10 multiplying that number by 33 percent, and adding that number to the 11 sum of the district's ADM of the consolidated schools for the current 12 fiscal year as adjusted under (A) - (C) of this paragraph; 13 (iv) to calculate the district's basic need for each fiscal 14 year, the number obtained through the calculation in (i), (ii), or (iii) of 15 this subparagraph is added to the number obtained under (C) of this 16 paragraph for the remainder of the district; 17 (F) [(I)] if the basic need calculated under (E)(i) - (iii) [(H)(i) - 18 (iii)] of this paragraph for one of the first four fiscal years after consolidation is 19 less than the basic need calculated under (A) - (C) of this paragraph for that 20 fiscal year, the basic need may not be adjusted under (E) [(H)] of this 21 paragraph for that fiscal year; 22 (G) [(J)] a district may not offset a decrease under (E) [(H)] of 23 this paragraph if 24 [(i)] a new facility is constructed in the district for the 25 consolidation; 26 (H) [OR 27 (ii) THE DISTRICT OFFSET A DECREASE UNDER 28 (E) OF THIS PARAGRAPH IN THE SAME FISCAL YEAR; 29 (K)] a district that offsets a decrease under (E) [(H)] of this 30 paragraph may not reopen a school that was closed for consolidation in the 31 district until
01 (i) seven or more years have passed since the school 02 closure; and 03 (ii) the district provides evidence satisfactory to the 04 department that the schools affected by the consolidation are over 05 capacity; 06 (I) [(L)] a district may not reopen and reconsolidate a school 07 that was consolidated in the district more than once every seven years for 08 purposes of the calculations made under (E) [(H)] of this paragraph; 09 (J) [(M)] a district offsetting a decrease under (E) [(H)] of this 10 paragraph shall provide the department with the list of schools participating in 11 the consolidation and the corresponding ADM; 12 (2) the required local contribution of a city or borough school district is 13 the equivalent of a 2.65 mill tax levy on the full and true value of the taxable real and 14 personal property in the district as of January 1 of the second preceding fiscal year, as 15 determined by the Department of Commerce, Community, and Economic 16 Development under AS 14.17.510 and AS 29.45.110, not to exceed 45 percent of a 17 district's basic need for the preceding fiscal year as determined under (1) of this 18 subsection. 19 * Sec. 7. AS 14.17.420(a) is amended to read: 20 (a) As a component of public school funding, a district is eligible for special 21 needs and secondary school vocational and technical instruction funding and may be 22 eligible for intensive services funding as follows: 23 (1) special needs funding is available to a district to assist the district 24 in providing special education, gifted and talented education, vocational education, 25 and bilingual education services to its students; a special needs funding factor of 1.20 26 shall be applied as set out in AS 14.17.410(b)(1); 27 (2) in addition to the special needs funding for which a district is 28 eligible under (1) of this subsection, a district is eligible for intensive services funding 29 [FOR EACH SPECIAL EDUCATION STUDENT WHO NEEDS AND RECEIVES 30 INTENSIVE SERVICES AND IS ENROLLED ON THE LAST DAY OF THE 31 COUNT PERIOD; FOR EACH SUCH STUDENT, INTENSIVE SERVICES
01 FUNDING IS] equal to the intensive student count multiplied by 13; the intensive 02 student count equals the greater of the following: 03 (A) the number of special education students who needed 04 and received intensive services and were enrolled on October 15 of the 05 previous fiscal year; 06 (B) the number of special education students who needed 07 and received intensive services and were enrolled on October 15 of the 08 current fiscal year; 09 (C) the number of special education students who needed 10 and received intensive services and were enrolled on February 15 of the 11 current fiscal year, if a district chooses to conduct a second student count 12 for the current fiscal year under this subparagraph; 13 (D) the district's three-year average intensive student 14 count, calculated by combining the number of special education students 15 who needed and received intensive services and were enrolled on 16 October 15 of each of the previous three fiscal years and dividing that sum 17 by three; 18 (3) in addition to the special needs and intensive services funding 19 available under (1) and (2) of this subsection, secondary school vocational and 20 technical instruction funding is available to assist districts in providing vocational and 21 technical instruction to students who are enrolled in a secondary school; a secondary 22 school vocational and technical instruction funding factor of 1.015 shall be applied as 23 set out in AS 14.17.410(b)(1); in this paragraph, "vocational and technical instruction" 24 excludes costs associated with 25 (A) administrative expenses; and 26 (B) instruction in general literacy, mathematics, and job 27 readiness skills. 28 * Sec. 8. AS 14.17.450 is amended by adding a new subsection to read: 29 (g) Except as provided in (b) of this section, calculation of a district's student 30 count under this section for a fiscal year must be based on the district's previous three- 31 year average ADM reported in the previous fiscal year under AS 14.17.600 or the
01 ADM reported in the previous fiscal year under AS 14.17.600, whichever is greater. 02 * Sec. 9. AS 14.17.600(a) is amended to read: 03 (a) Within two weeks after the end of the 20-school-day period ending the 04 fourth Friday in October, each district shall transmit a report to the department that, 05 under regulations adopted by the department, reports the district's [ITS] ADM for 06 that count period, the district's previous three-year average ADM, student count 07 information the department determines is necessary to calculate community and 08 charter school ADMs that relate to the district under AS 14.17.905, and other 09 student count information that [WILL AID] the department shall use to determine 10 the amount of the district's [IN MAKING A DETERMINATION OF ITS] state aid 11 under the public school funding program for the succeeding fiscal year. The district 12 shall also include in the district's report the number of special education students 13 who needed and received intensive services on October 15 of that count period, 14 which the department shall use to determine the amount of the district's intensive 15 services funding under AS 14.17.420(a)(2)(A) and (D) for the succeeding fiscal 16 year and, if applicable, additional intensive services funding under 17 AS 14.17.420(a)(2)(B) for the current fiscal year. For centralized correspondence 18 study, the October report shall be based on the period from July 1 through the fourth 19 Friday in October. The department may make necessary corrections in the report 20 submitted and shall notify the district of changes made. The commissioner shall notify 21 the governor of additional appropriations the commissioner estimates to be necessary 22 to fully finance the public school funding program for the succeeding [CURRENT] 23 fiscal year. 24 * Sec. 10. AS 14.17.600 is amended by adding new subsections to read: 25 (c) Part-time students shall be included in the student count data in accordance 26 with regulations adopted by the department. 27 (d) When reporting a district's ADM, a part-time student who is a 28 correspondence student may not be counted as more than one full-time equivalent 29 student. 30 (e) Except as provided in (f) - (h) of this section, a student in a district-wide 31 early education program provided by a district and approved by the department under
01 AS 14.07.020(a)(8) is counted as one-half of a full-time equivalent student. 02 (f) A district may not include in a school's ADM students who are four and 03 five years of age if the students are enrolled in an early education program that 04 receives state or federal funding other than funding under this chapter. 05 (g) A district may not include in a school's ADM students who are four and 06 five years of age if inclusion of the students would result in an increase of total state 07 aid attributable to district-wide early education programs approved under 08 AS 14.03.410 of more than $3,000,000 from the previous fiscal year. The department 09 shall prioritize the funding of district-wide early education programs, giving priority to 10 districts with lower performance, based on the department's ranking of districts under 11 AS 14.03.410(c). When the number of students in a district-wide early education 12 program will result in an increase of total state aid attributable to district-wide early 13 education programs approved under AS 14.03.410 of more than $3,000,000 from the 14 previous fiscal year, the department may identify the amount, up to $3,000,000, 15 available for the district's district-wide early education program. 16 (h) For purposes of AS 14.09.010, a student in a district-wide early education 17 program provided by a district and approved by the department under 18 AS 14.07.020(a)(8) is counted as a full-time equivalent student. 19 * Sec. 11. AS 14.17.600(e), enacted by sec. 10 of this Act, is amended to read: 20 (e) A district may not include in the district's ADM [EXCEPT AS 21 PROVIDED IN (f) - (h) OF THIS SECTION,] a student in a district-wide early 22 education program provided by the [A] district [AND APPROVED BY THE 23 DEPARTMENT UNDER AS 14.07.020(a)(8) IS COUNTED AS ONE-HALF OF A 24 FULL-TIME EQUIVALENT STUDENT]. 25 * Sec. 12. AS 14.17.610(a) is amended to read: 26 (a) Except as provided in (d) of this section, the [THE] department shall 27 determine the state aid for each school district for [IN] a fiscal year on the basis of the 28 district's student count data reported in the previous fiscal year under AS 14.17.600. 29 On or before the 15th day of each month [OF THE FIRST NINE MONTHS] of each 30 fiscal year, one-twelfth of each district's state aid shall be distributed on the basis of 31 the data reported under AS 14.17.600 [FOR THE PRECEDING FISCAL YEAR. ON
01 OR BEFORE THE 15TH DAY OF EACH OF THE LAST THREE MONTHS OF 02 EACH FISCAL YEAR, ONE-THIRD OF THE BALANCE OF EACH DISTRICT'S 03 STATE AID SHALL BE DISTRIBUTED, AFTER THE BALANCE HAS BEEN 04 RECOMPUTED ON THE BASIS OF STUDENT COUNT AND OTHER DATA 05 REPORTED FOR THE CURRENT FISCAL YEAR]. 06 * Sec. 13. AS 14.17.610 is amended by adding a new subsection to read: 07 (d) If a district is entitled to additional intensive services funding after 08 conducting a student count under AS 14.17.420(a)(2)(B) or (C), the department shall 09 (1) distribute to the district the additional funding necessary to fully 10 fund the previous months of the fiscal year on the basis of the new student count on or 11 before the 15th day of the month following the student count; 12 (2) distribute the district's state aid for the remaining months of the 13 fiscal year on the basis of the new student count. 14 * Sec. 14. AS 14.17.905(a) is amended to read: 15 (a) For purposes of this chapter, the determination of the number of schools in 16 a district is subject to the following: 17 (1) a community with an ADM of at least 10, but not more than 100, 18 shall be counted as one school; 19 (2) a community with an ADM of at least 101, but not more than 425, 20 shall be counted as 21 (A) one elementary school, which includes those students in 22 grades kindergarten through six and, except as provided in AS 14.17.600 23 [AS 14.17.500], in an early education program provided by a school district 24 and approved by the department under AS 14.07.020(a)(8); and 25 (B) one secondary school, which includes students in grades 26 seven through 12; 27 (3) in a community with an ADM of greater than 425, each facility that 28 is administered as a separate school shall be counted as one school [, EXCEPT THAT 29 EACH ALTERNATIVE SCHOOL WITH AN ADM OF LESS THAN 175 SHALL 30 BE COUNTED AS A PART OF THE SCHOOL IN THE DISTRICT WITH THE 31 HIGHEST ADM].
01 * Sec. 15. AS 14.17.905 is amended by adding a new subsection to read: 02 (d) For purposes of determining a community's ADM for a fiscal year under 03 (a) and (c) of this section, or a charter school's ADM for a fiscal year under (b) of this 04 section, the ADM is the greater of 05 (1) the community's or charter school's previous three-year average 06 ADM reported in the previous fiscal year under AS 14.17.600; or 07 (2) the community's or charter school's ADM reported in the previous 08 fiscal year under AS 14.17.600. 09 * Sec. 16. AS 14.17.990 is amended by adding a new paragraph to read: 10 (8) "previous three-year average ADM" means the number resulting 11 from combining the ADM counts from the three student count periods immediately 12 preceding a student count period conducted under AS 14.17.600(a) for a fiscal year 13 and dividing that sum by three. 14 * Sec. 17. Section 47, ch. 40, SLA 2022, is amended to read: 15 Sec. 47. AS 14.03.120(h), 14.03.410, 14.03.420; [AS 14.17.500(e), 16 14.17.500(f), 14.17.500(g);] AS 14.20.020(l); AS 14.30.760, 14.30.765, 14.30.770, 17 14.30.775, 14.30.780, and 14.30.800 are repealed. 18 * Sec. 18. AS 14.17.500 is repealed. 19 * Sec. 19. AS 14.17.600(f), 14.17.600(g), and 14.17.600(h) are repealed. 20 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: ADM CALCULATION. (a) Notwithstanding AS 14.17.420(a)(2)(A), 23 as amended by sec. 7 of this Act, for the fiscal year ending June 30, 2027, if student count 24 data is unavailable to calculate the number of special education students who needed and 25 received intensive services and were enrolled on October 15, 2025, a district shall use student 26 count data that is applicable to the fiscal year ending June 30, 2026, obtained under 27 AS 14.17.420(a), as that section read on the day before the effective date of sec. 7 of this Act. 28 (b) Notwithstanding AS 14.17.420(a)(2)(D), as amended by sec. 7 of this Act, for the 29 fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029, if student count data is 30 unavailable to calculate a district's previous three-year average intensive student count under 31 AS 14.17.420(a)(2)(D), as amended by sec. 7 of this Act, a district shall, for each year of the
01 previous three-year average intensive student count for which data is unavailable, use student 02 count data that is applicable to that year obtained under AS 14.17.420(a), as that section read 03 on the day before the effective date of sec. 7 of this Act. 04 (c) Notwithstanding AS 14.17.600(a), as amended by sec. 9 of this Act, 05 AS 14.17.905(d), added by sec. 15 of this Act, and AS 14.17.990(8), added by sec. 16 of this 06 Act, for the fiscal years ending June 30, 2027, June 30, 2028, and June 30, 2029, if student 07 count data is unavailable to calculate a district's previous three-year average ADM under 08 AS 14.17.600(a), as amended by sec. 9 of this Act, or AS 14.17.905(d), added by sec. 15 of 09 this Act, a district shall, for each year of the previous three-year average ADM for which data 10 is unavailable, use student count data that is applicable to that year obtained under 11 AS 14.17.600, as that section read on the day before the effective date of sec. 9 of this Act. In 12 this subsection, "ADM" has the meaning given in AS 14.17.990. 13 * Sec. 21. Sections 11 and 19 of this Act take effect on the effective date of sec. 47, ch. 40, 14 SLA 2022. 15 * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect July 1, 2026.