Legislature(2023 - 2024)
2024-02-22 House Journal
Full Journal pdf2024-02-22 House Journal Page 1598 SB 140 The following, which was held in second reading from the February 21 calendar (page 1590), was before the House: CS FOR SENATE BILL NO. 140(FIN) "An Act relating to funding for Internet services for school districts; and providing for an effective date." Amendment No. 25 was not offered. Representative C. Johnson moved and asked unanimous consent that no additional amendments would be accepted for CSSB 140(FIN). Representative Eastman objected. The question being: "Shall no additional amendments be accepted to CSSB 140(FIN)?" The roll was taken with the following result: CSSB 140(FIN) Second Reading No Additional Amendments Accepted YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright 2024-02-22 House Journal Page 1599 Nays: Eastman And so, the motion passed. SB 140 The following was before the House: CS FOR SENATE BILL NO. 140(FIN) "An Act relating to funding for Internet services for school districts; and providing for an effective date." Amendment No. 26 was offered by Representative McKay: Page 1, line 1, following "districts;" (title amendment): Insert "relating to gifted and talented enrichment programs;" Page 1, line 10: Delete all material and insert: "* Sec. 2. AS 14.17.410(b) is amended to read: (b) Public school funding consists of state aid, a required local contribution, and eligible federal impact aid determined as follows: (1) state aid equals basic need minus a required local contribution and 90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum obtained under (D) of this paragraph, multiplied by the base student allocation set out in AS 14.17.470; district adjusted ADM is calculated as follows: (A) the ADM of each school in the district is calculated by applying the school size factor to the student count as set out in AS 14.17.450; 2024-02-22 House Journal Page 1600 (B) the number obtained under (A) of this paragraph is multiplied by the district cost factor described in AS 14.17.460; (C) the ADMs of each school in a district, as adjusted according to (A) and (B) of this paragraph, are added; the sum is then multiplied by the special needs factor set out in AS 14.17.420(a)(1) and the secondary school vocational and technical instruction funding factor set out in AS 14.17.420(a)(3); (D) the number obtained for intensive services under AS 14.17.420(a)(2), the number obtained for gifted and talented enrichment programs under AS 14.17.420(a)(4), and the number obtained for correspondence study under AS 14.17.430 are added to the number obtained under (C) of this paragraph or under (H) and (I) of this paragraph; (E) notwithstanding (A) - (C) of this paragraph, if a school district's ADM adjusted for school size under (A) of this paragraph decreases by five percent or more from one fiscal year to the next fiscal year, the school district may use the last fiscal year before the decrease as a base fiscal year to offset the decrease, according to the following method: (i) for the first fiscal year after the base fiscal year determined under this subparagraph, the school district's ADM adjusted for school size determined under (A) of this paragraph is calculated as the district's ADM adjusted for school size, plus 75 percent of the difference in the district's ADM adjusted for school size between the base fiscal year and the first fiscal year after the base fiscal year; (ii) for the second fiscal year after the base fiscal year determined under this subparagraph, the school district's ADM adjusted for school size determined under (A) of this paragraph is calculated as the district's ADM adjusted for school size, plus 50 percent of the difference in the district's ADM adjusted for school size between the base fiscal year and the second fiscal year after the base fiscal year; (iii) for the third fiscal year after the base fiscal year determined under this subparagraph, the school district's ADM adjusted for school size determined under 2024-02-22 House Journal Page 1601 (A) of this paragraph is calculated as the district's ADM adjusted for school size, plus 25 percent of the difference in the district's ADM adjusted for school size between the base fiscal year and the third fiscal year after the base fiscal year; (F) the method established in (E) of this paragraph is available to a school district for the three fiscal years following the base fiscal year determined under (E) of this paragraph only if the district's ADM adjusted for school size determined under (A) of this paragraph for each fiscal year is less than the district's ADM adjusted for school size in the base fiscal year; (G) the method established in (E) of this paragraph does not apply to a decrease in the district's ADM adjusted for school size resulting from a loss of enrollment that occurs as a result of a boundary change under AS 29; (H) notwithstanding (A) - (C) of this paragraph, if one or more schools close and consolidate with one or more other schools in the same community and district and, as a result of the consolidation, basic need generated by the district's ADM of the consolidated schools as adjusted under (A) - (C) of this paragraph decreases, the district may use the last fiscal year before the consolidation as the base fiscal year to offset that decrease for the first four fiscal years following consolidation according to the following method: (i) for the first two fiscal years after the base fiscal year, the district's ADM of the consolidated schools as adjusted under (A) - (C) of this paragraph is calculated by dividing the sum of the district's ADM of the consolidated schools as adjusted under (A) - (C) of this paragraph for the base fiscal year by the sum of the district's ADM of the consolidated schools for the base fiscal year without adjustment, and subtracting the quotient obtained by dividing the district's ADM of the consolidated schools for the current fiscal year as adjusted under (A) - (C) of this paragraph by the sum of the district's ADM of the consolidated schools for the current fiscal year without adjustment, multiplying that number by the sum of the district's ADM of the consolidated schools for the current fiscal year without 2024-02-22 House Journal Page 1602 adjustment, and adding that number to the sum of the district's ADM of the consolidated schools for the current fiscal year as adjusted under (A) - (C) of this paragraph; (ii) for the third fiscal year after the base fiscal year, the district's ADM of the consolidated schools as adjusted under (A) - (C) of this paragraph is calculated by dividing the sum of the district's ADM of the consolidated schools as adjusted under (A) - (C) of this paragraph for the base fiscal year by the sum of the district's ADM of the consolidated schools for the base fiscal year without adjustment, and subtracting the quotient obtained by dividing the sum of the district's ADM of the consolidated schools for the current fiscal year as adjusted under (A) - (C) of this paragraph by the sum of the district's ADM of the consolidated schools for the current fiscal year, multiplying that number by the sum of the district's ADM of the consolidated schools for the current fiscal year without adjustment, multiplying that number by 66 percent, and adding that number to the sum of the district's ADM of the consolidated schools for the current fiscal year as adjusted under (A) - (C) of this paragraph; (iii) for the fourth fiscal year after the base fiscal year, the district's ADM of the consolidated schools as adjusted under (A) - (C) of this paragraph is calculated by dividing the sum of the district's ADM of the consolidated schools as adjusted under (A) - (C) of this paragraph for the base fiscal year by the sum of the district's ADM of the consolidated schools for the base fiscal year without adjustment, and subtracting the quotient obtained by dividing the sum of the district's ADM of the consolidated schools for the current fiscal year as adjusted under (A) - (C) of this paragraph by the sum of the district's ADM of the consolidated schools for the current fiscal year, multiplying that number by the sum of the district's ADM of the consolidated schools for the current fiscal year without adjustment, multiplying that number by 33 percent, and adding that number to the sum of the district's ADM of the consolidated schools for the current fiscal year as adjusted under (A) - (C) of this 2024-02-22 House Journal Page 1603 paragraph; (iv) to calculate the district's basic need for each fiscal year, the number obtained through the calculation in (i), (ii), or (iii) of this subparagraph is added to the number obtained under (C) of this paragraph for the remainder of the district; (I) if the basic need calculated under (H)(i) - (iii) of this paragraph for one of the first four fiscal years after consolidation is less than the basic need calculated under (A) - (C) of this paragraph for that fiscal year, the basic need may not be adjusted under (H) of this paragraph for that fiscal year; (J) a district may not offset a decrease under (H) of this paragraph if (i) a new facility is constructed in the district for the consolidation; or (ii) the district offset a decrease under (E) of this paragraph in the same fiscal year; (K) a district that offsets a decrease under (H) of this paragraph may not reopen a school that was closed for consolidation in the district until (i) seven or more years have passed since the school closure; and (ii) the district provides evidence satisfactory to the department that the schools affected by the consolidation are over capacity; (L) a district may not reopen and reconsolidate a school that was consolidated in the district more than once every seven years for purposes of the calculations made under (H) of this paragraph; (M) a district offsetting a decrease under (H) of this paragraph shall provide the department with the list of schools participating in the consolidation and the corresponding ADM; (2) the required local contribution of a city or borough school district is the equivalent of a 2.65 mill tax levy on the full and true value of the taxable real and personal property in the district as of January 1 of the second preceding fiscal year, as determined by the Department of Commerce, Community, and Economic Development under AS 14.17.510 and AS 29.45.110, 2024-02-22 House Journal Page 1604 not to exceed 45 percent of a district's basic need for the preceding fiscal year as determined under (1) of this subsection. * Sec. 3. AS 14.17.420(a) is amended to read: (a) As a component of public school funding, a district is eligible for special needs and secondary school vocational and technical instruction funding and may be eligible for intensive services and gifted and talented enrichment program funding as follows: (1) special needs funding is available to a district to assist the district in providing special education, gifted and talented education, vocational education, and bilingual education services to its students; a special needs funding factor of 1.20 shall be applied as set out in AS 14.17.410(b)(1); (2) in addition to the special needs funding for which a district is eligible under (1) of this subsection, a district is eligible for intensive services funding for each special education student who needs and receives intensive services and is enrolled on the last day of the count period; for each such student, intensive services funding is equal to the intensive student count multiplied by 13; (3) in addition to the special needs and intensive services funding available under (1) and (2) of this subsection, secondary school vocational and technical instruction funding is available to assist districts in providing vocational and technical instruction to students who are enrolled in a secondary school; a secondary school vocational and technical instruction funding factor of 1.015 shall be applied as set out in AS 14.17.410(b)(1); in this paragraph, "vocational and technical instruction" excludes costs associated with (A) administrative expenses; and (B) instruction in general literacy, mathematics, and job readiness skills; (4) in addition to the special needs, intensive services, and secondary school vocational and technical instruction funding available under (1) - (3) of this subsection, a district is eligible for gifted and talented enrichment program funding for each student who needs and receives services under a gifted and talented enrichment program provided by the district and is enrolled on the last day of the count period; for each such student, gifted and talented enrichment program 2024-02-22 House Journal Page 1605 funding is equal to the gifted and talented enrichment program student count multiplied by 1.3. * Sec. 4. AS 14.17.420(c) is amended to read: (c) In this section, (1) "gifted and talented enrichment program" means a program for gifted and talented students who are in grades kindergarten through six and that (A) meets at least once each week and for not less than three hours each week; and (B) provides enrichment instruction to gifted and talented students among other gifted and talented students outside the student's regular classroom; (2) "intensive services" has the meaning given by the department by regulation adopted under AS 14.30.180 - 14.30.350. * Sec. 5. Section 1 of this Act takes effect immediately under AS 01.10.070(c). * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect July 1, 2024." Representative McKay moved and asked unanimous consent that Amendment No. 26 be adopted. Representative Schrage objected. Representative McKay moved and asked unanimous consent to withdraw Amendment No. 26. There being no objection, it was so ordered. Amendment No. 27 was not offered. Amendment No. 24 was offered by Representative Cronk: Page 1, line 1, following "districts;" (title amendment): Insert "relating to teacher retention and recruitment incentives;" Page 1, line 10: Delete all material and insert: "* Sec. 2. The uncodified law of the State of Alaska is amended by 2024-02-22 House Journal Page 1606 adding a new section to read: LUMP SUM PAYMENT FOR CERTAIN TEACHERS. (a) Subject to appropriation for the fiscal years ending June 30, 2025, June 30, 2026, and June 30, 2027, a certificated full-time teacher occupying a position requiring teaching on a regular basis during the normal work period for each day or week at a classroom teaching assignment in a public elementary or secondary school, excluding a person teaching as an assistant or graduate assistant or teaching on a substitute, temporary, or per diem basis, is entitled to receive a lump sum payment as a retention and recruitment incentive on or within a reasonable period after July 1, 2024, July 1, 2025, and July 1, 2026, if the teacher was employed in a full-time classroom teaching position for the entirety of the school term for the school year immediately preceding the date of payment. The Department of Education and Early Development shall reduce the retention and recruitment incentive by the amount necessary to pay mandatory employee and employer deductions, including a deduction required under AS 14.25. (b) Subject to the application and certification requirements in (c) of this section, the Department of Education and Early Development shall pay the retention and recruitment incentive identified in (a) of this section as grants to school districts as follows: (1) $5,000 for each eligible certificated full-time teacher teaching in the following districts: (A) Anchorage School District; (B) Fairbanks North Star Borough School District; (C) Juneau Borough School District; (D) Kenai Peninsula Borough School District; (E) Matanuska-Susitna Borough School District; (2) $10,000 for each eligible certificated full-time teacher teaching in the following districts: (A) Alaska Gateway School District; (B) Aleutian Region School District; (C) Aleutians East Borough School District; (D) Annette Island School District; (E) Chugach School District; (F) Copper River School District; (G) Cordova City School District; (H) Delta/Greely School District; (I) Denali Borough School District; (J) Galena City School District; 2024-02-22 House Journal Page 1607 (K) Haines Borough School District; (L) Ketchikan Gateway Borough School District; (M) Kodiak Island Borough School District; (N) Mount Edgecumbe; (O) Nenana City School District; (P) Nome Public Schools; (Q) Petersburg Borough School District; (R) Saint Mary's School District; (S) Sitka School District; (T) Skagway School District; (U) Unalaska City School District; (V) Valdez City School District; (W) Wrangell Public School District; (X) Yakutat School District; (3) $15,000 for each eligible certificated full-time teacher teaching in the following districts: (A) Bering Strait School District; (B) Bristol Bay Borough School District; (C) Chatham School District; (D) Craig City School District; (E) Dillingham City School District; (F) Hoonah City School District; (G) Hydaburg City School District; (H) Iditarod Area School District; (I) Kake City School District; (J) Kashunamiut School District; (K) Klawock City School District; (L) Kuspuk School District; (M) Lake and Peninsula Borough School District; (N) Lower Kuskokwim School District; (O) Lower Yukon School District; (P) North Slope Borough School District; (Q) Northwest Arctic Borough School District; (R) Pelican City School District; (S) Pribilof School District; (T) Southeast Island School District; (U) Southwest Region School District; (V) Tanana City School District; (W) Yukon Flats School District; (X) Yukon-Koyukuk School District; 2024-02-22 House Journal Page 1608 (Y) Yupiit School District. (c) To be eligible for the retention and recruitment incentive identified in (a) of this section, a certificated full-time teacher must apply during each eligible calendar year to the Department of Education and Early Development on a date not later than the final day the teacher's school is in session for the school term established by the governing body of that teacher's school district or regional educational attendance area. The teacher shall apply for the payment under this section on a form designated by the commissioner of education and early development. For each teacher who applies, the school district or regional educational attendance area shall certify the teacher's eligibility for payment under (a) of this section to the Department of Education and Early Development. (d) A payment made under this section is considered compensation for the purposes of AS 14.25. (e) The Department of Education and Early Development may adopt regulations necessary to carry out the purposes of this section. * Sec. 3. Section 1 of this Act takes effect immediately under AS 01.10.070(c). * Sec. 4. Section 2 of this Act takes effect July 1, 2024." Representative Cronk moved and asked unanimous consent that Amendment No. 24 be adopted. Representative Schrage objected. The question being: "Shall Amendment No. 24 be adopted?" The roll was taken with the following result: CSSB 140(FIN) Second Reading Amendment No. 24 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Baker, Carpenter, Coulombe, Cronk, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Armstrong, Carrick, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes 2024-02-22 House Journal Page 1609 And so, Amendment No. 24 was not adopted. Amendment No. 28 was offered by Representative Eastman: Page 1, line 1, following "districts;" (title amendment) : Insert "relating to education, to curricula and materials for the teen dating violence and abuse awareness and prevention program:" Page 1, line 10: Delete all material and insert: "* Sec. 2. AS 14.30.356 is amended by adding a new subsection to read: (e) The department shall ensure that all curricula and materials approved under this section are made available to the public without charge. The department may not license or exercise intellectual property rights over the curricula and materials in any way that limits their use or adaptation or the creation of derivative works. * Sec. 3. Section 1 of this Act takes effect immediately under AS 01.10.070(c). * Sec. 4. Section 2 of this Act takes effect July 1, 2024." Representative Eastman moved and asked unanimous consent that Amendment No. 28 be adopted. Representative Hannan objected. Representative Eastman moved and asked unanimous consent to withdraw Amendment No. 28. There being no objection, it was so ordered. Amendment No. 27 was offered by Representative Wright: Page 1, line 1, following "districts;" (title amendment): Insert "relating to charter schools; relating to transportation of public school students; relating to correspondence study funding; relating to the base student allocation; relating to funding for reading improvement plans;" Page 1, following line 3: 2024-02-22 House Journal Page 1610 Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT. To the greatest extent possible, a portion of additional funds authorized by this legislation shall be directed to the classroom in the form of educator salary and retention bonuses. Each school district shall provide a report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available not later than February 1 of each regular session of the Thirty-Fourth Alaska State Legislature describing efforts made by the district to direct additional funds to the classroom in the form of educator salary and retention bonuses." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill section accordingly. Page 1, line 10: Delete all material and insert: "* Sec. 3. AS 14.03 is amended by adding a new section to read: Sec. 14.03.256. Charter school termination appeal. If a local school board terminates a contract with a charter school, the charter school may appeal the decision to the commissioner under regulations established by the commissioner. The commissioner may request written supplementation from the appellant or local school board. The commissioner shall review the decision of the local school board to determine whether the findings of fact are supported by substantial evidence and whether the decision is contrary to law. The commissioner shall issue a written decision within 90 days after the appeal is filed and may (1) remand the appeal to the local school board for further review; (2) reapprove the charter school with or without added conditions; or (3) uphold the decision terminating the charter school. * Sec. 4. AS 14.03 is amended by adding a new section to read: Sec. 14.03.277. Charter school coordinator. A position dedicated to charter school support is established in the 2024-02-22 House Journal Page 1611 department. This position is responsible for the development of a repository of charter school resources in the department. The charter school coordinator shall provide support to charter schools, including (1) providing charter schools with policy and regulation expertise and guidance; (2) providing groups assistance preparing charter school applications; (3) coordinating with school districts and the Association of Alaska School Boards to support charter school academic policy committees and local school boards; and (4) coordinating with and providing expertise to legal services provided by the state. * Sec. 5. AS 14.09.010(a) is repealed and reenacted to read: (a) A school district that provides student transportation services for the transportation of students who reside a distance from established schools is eligible to receive funding for operating or subcontracting the operation of the transportation system for students to and from the schools within the student's transportation service area. Subject to appropriation, the amount of funding provided by the state for operating the student transportation system is the amount of a school district's ADM, less the ADM for the district's correspondence programs during the current fiscal year, multiplied by the per student amount for the school district as follows, for the school years beginning July 1, 2024: DISTRICT PER STUDENT AMOUNT Alaska Gateway $2,536 Aleutians East 378 Anchorage 531 Annette Island 222 Bering Strait 60 Bristol Bay 3,257 Chatham 342 Copper River 1,934 Cordova 409 Craig 515 Delta/Greely 2,019 Denali 2,203 Dillingham 1,484 2024-02-22 House Journal Page 1612 Fairbanks 995 Galena 310 Haines 763 Hoonah 364 Iditarod 258 Juneau 735 Kake 331 Kashunamiut 6 Kenai Peninsula 1,115 Ketchikan 886 Klawock 712 Kodiak Island 974 Kuspuk 797 Lake and Peninsula 468 Lower Kuskokwim 338 Lower Yukon 1 Matanuska-Susitna 1,109 Nenana 716 Nome 757 North Slope 1,365 Northwest Arctic 30 Pelican 88 Petersburg 457 Saint Mary's 235 Sitka 522 Skagway 44 Southeast Island 1,408 Southwest Region 728 Tanana 581 Unalaska 790 Valdez 897 Wrangell 854 Yakutat 907 Yukon Flats 322 Yukon/Koyukuk 365 Yupiit 2. * Sec. 6. AS 14.17.430 is amended to read: Sec. 14.17.430. State funding for correspondence study. Except as provided in AS 14.17.400(b), funding for the state centralized correspondence study program or a district 2024-02-22 House Journal Page 1613 correspondence program, including a district that offers a statewide correspondence study program, includes an allocation from the public education fund in an amount calculated by using [MULTIPLYING] the ADM of the correspondence program reported under AS 14.17.500(a) and 14.17.600(a) [BY 90 PERCENT]. * Sec. 7. AS 14.17.470 is amended to read: Sec. 14.17.470. Base student allocation. The base student allocation is $6,640 [$5,960]. * Sec. 8. AS 14.30 is amended by adding a new section to article 15 to read: Sec. 14.30.773. Support for reading improvement plans. The state shall provide to a school district, for each student in grades kindergarten through three who is determined to have a reading deficiency based on the statewide screening or assessment tool, $500 to provide the support, intervention, and services the student needs for the student's reading improvement plan, including teacher and paraprofessional career development. * Sec. 9. Section 2 of this Act takes effect immediately under AS 01.10.070(c). * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2024." Representative Wright moved and asked unanimous consent that Amendment No. 27 be adopted. There was objection. Representative Edgmon moved the previous question. The question being: "Shall Amendment No. 27 be adopted?" The roll was taken with the following result: CSSB 140(FIN) Second Reading Amendment No. 27 YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 2024-02-22 House Journal Page 1614 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Wright Nays: Eastman, Prax, Rauscher, Vance And so, Amendment No. 27 was adopted and the new title follows: CS FOR SENATE BILL NO. 140(FIN) am H "An Act relating to funding for Internet services for school districts; relating to charter schools; relating to transportation of public school students; relating to correspondence study funding; relating to the base student allocation; relating to funding for reading improvement plans; and providing for an effective date." (HCR 4 – title change resolution) Representative Saddler moved and asked unanimous consent that CSSB 140(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 140(FIN) am H was read the third time. The question being: "Shall CSSB 140(FIN) am H pass the House?" The roll was taken with the following result: CSSB 140(FIN) am H Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Nays: Eastman, Prax 2024-02-22 House Journal Page 1615 And so, CSSB 140(FIN) am H passed the House. Representative Saddler moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 140(FIN) am H was referred to the Chief Clerk for engrossment.