Legislature(2023 - 2024)
2023-05-11 Senate Journal
Full Journal pdf2023-05-11 Senate Journal Page 1058 SB 52 CS FOR SENATE BILL NO. 52(FIN) "An Act relating to education; requiring the Department of Education and Early Development to provide information relating to public schools on an Internet website; relating to information on the post-secondary education, career path, and residency of graduates from high schools in the state; relating to transportation of students; relating to state funding for districts operating residential schools; increasing the base student allocation; and providing for an effective date." was read the third time. Senator Hughes moved the bill be returned to second reading for amendments. Without objection, the bill was returned to second reading. Senator Hughes offered Amendment No. 1 : Page 1, line 6, following "allocation;": Insert "relating to school funding;" Page 5, line 22, following "AS 14.03.120(m)": Insert "; (21) establish by regulation, after consultation with the board, district standards for improving student proficiency on standards-based assessments required by the department under AS 14.03.123(f)" Page 8, line 6, following "AS 14.03.120(m)": Insert "; (19) establish by regulation, after consultation with the board, district standards for improving student proficiency on standards-based assessments required by the department under AS 14.03.123(f)" Page 10, following line 22: Insert new bill sections to read: "* Sec. 7. AS 14.17 is amended by adding a new section to article 2 to read: 2023-05-11 Senate Journal Page 1059 Sec. 14.17.530. Funding resulting from base student allocation increase. (a) If the legislature increases the base student allocation in AS 14.17.470, a district shall spend in each subsequent fiscal year an amount equal to at least 70 percent of the district's increase in state aid resulting from the increase to the base student allocation on instruction provided by certificated teachers. (b) If a district fails to meet the standards for improving student proficiency on standards-based assessments established by the department under AS 14.07.020(a)(21), the department shall, in each subsequent fiscal year, withhold payments of state aid from that district in an amount equal to 50 percent of the district's increase in state aid resulting from an increase to the base student allocation. If the department withholds state aid from a district under this subsection, the department shall provide the withheld funding to the district when the district meets the standards for improving student proficiency on standards-based assessments established by the department under AS 14.07.020(a)(21). * Sec. 8. AS 14.17.530(b), enacted by sec. 7 of this Act, is amended to read: (b) If a district fails to meet the standards for improving student proficiency on standards-based assessments established by the department under AS 14.07.020(a)(19) [AS 14.07.020(a)(21)], the department shall, in each subsequent fiscal year, withhold payments of state aid from that district in an amount equal to 50 percent of the district's increase in state aid resulting from an increase to the base student allocation. If the department withholds state aid from a district under this subsection, the department shall provide the withheld funding to the district when the district meets the standards for improving student proficiency on standards- based assessments established by the department under AS 14.07.020(a)(19) [AS 14.07.020(a)(21)]." Renumber the following bill sections accordingly. Page 11, following line 17: Insert a new bill section to read: "* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to read: 2023-05-11 Senate Journal Page 1060 APPLICABILITY. Section 7 of this Act applies to an increase to the base student allocation set out in AS 14.17.470 that takes effect on or after the effective date of sec. 7 of this Act." Renumber the following bill sections accordingly. Page 11, line 21: Delete "Section 3 of this Act takes" Insert "Sections 3 and 8 of this Act take" Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 4 - 7, 10, and 11" Page 11, line 26: Delete "7" Insert "9" Senator Hughes moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 1? YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Hughes, Kaufman, Myers, Stevens, Wilson Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Tobin, Wielechowski Excused: Shower and so, Amendment No. 1 failed. Senator Hughes offered Amendment No. 2 : 2023-05-11 Senate Journal Page 1061 Page 1, line 2, following "website;": Insert "establishing the Rewarding Improvement in Student Excellence award;" Page 1, line 6, following "allocation;": Insert "relating to teacher base pay and compensation; relating to items not subject to collective bargaining;" Page 2, following line 14: Insert new bill sections to read: "* Sec. 2. AS 14.03 is amended by adding a new section to read: Sec. 14.03.124. Rewarding Improvement in Student Excellence awards. (a) Each school district shall provide a Rewarding Improvement in Student Excellence award to the teachers and parents of a student in the school district who shows improvement in learning outcomes, based on criteria established by the department in regulation. The amount of the award is $250 in the aggregate for parents of the student and $750 in the aggregate for teachers of the student. (b) The department shall establish by regulation, after consultation with the board, (1) the criteria for awarding an award; for students in (A) grades kindergarten through two, the criteria must be based on the student's advancement to the next level of expected grade level skills on the statewide screening tool adopted under AS 14.30.760(a)(1); (B) grades three through nine, the criteria must be based on the student's advancement to the next achievement level on a standards-based assessment required by the department under AS 14.03.123(f); (C) grades 10 through 12, the criteria must be based on the student's score on a preliminary scholastic aptitude test offered by the College Board, or the equivalent, taken by the student in the spring of the academic term; (2) the manner in which a school district must distribute an award if a student has more than one teacher or more than one parent. (c) An award may not be granted to a parent who has actual 2023-05-11 Senate Journal Page 1062 physical custody of the student, as ordered by a court, for less time than another parent. (d) In this section, (1) "award" means the Rewarding Improvement in Student Excellence award; (2) "parent" means an individual who is the natural or adoptive parent of a student or a student's legal guardian; (3) "school district" has the meaning given in AS 14.30.350. * Sec. 3. AS 14.03.124(b), enacted by sec. 2 of this Act, is amended to read: (b) The department shall establish by regulation, after consultation with the board, (1) the criteria for awarding an award; for students in (A) grades kindergarten through two, the criteria must be based on the student's advancement to the next level of expected grade level skills on a [THE] statewide screening tool adopted by the department by regulation [UNDER AS 14.30.760(a)(1)]; (B) grades three through nine, the criteria must be based on the student's advancement to the next achievement level on a standards-based assessment required by the department under AS 14.03.123(f); (C) grades 10 through 12, the criteria must be based on the student's score on a preliminary scholastic aptitude test offered by the College Board, or the equivalent, taken by the student in the spring of the academic term; (2) the manner in which a school district must distribute an award if a student has more than one teacher or more than one parent." Renumber the following bill sections accordingly. Page 10, following line 22: Insert new bill sections to read: "* Sec. 9. AS 14.25.220(6) is amended to read: (6) "base salary" (A) means the total remuneration payable under contract for a full year of membership service, including addenda to the contract; "base salary" does not include an 2023-05-11 Senate Journal Page 1063 award granted under AS 14.03.124 and [BUT], for a member first hired on or after July 1, 1996, does not include remuneration in excess of the limitations set out in 26 U.S.C. 401(a)(17); (B) has the same meaning as "compensation" under AS 39.35.680(9) when applied to a state legislator who elects membership under AS 14.25.040(b); * Sec. 10. AS 14.25.220(10) is amended to read: (10) "compensation" means the total remuneration paid under contract to a member for services rendered during a school year, including cost-of-living differentials, payments for leave that is actually used by the member, the amount by which the member's wages are reduced under AS 39.30.150(c), an amount that is contributed by the employer under a salary reduction agreement and that is not includable in the gross income of the employee under 26 U.S.C. 125 or 132(f)(4), and the amount deferred under an employer-sponsored deferred compensation plan or the tax shelter annuity plan approved by the Department of Education and Early Development, but does not include retirement benefits, welfare benefits, per diem, expense allowances, workers' compensation payments, an award granted under AS 14.03.124, or payments for leave not used by the member, whether those leave payments are scheduled payments, lump-sum payments, donations, or cash-ins; for purposes of AS 14.25.050, compensation paid includes any payment made after June 30 of a school year for services rendered before the end of the school year; * Sec. 11. AS 23.40.075 is amended to read: Sec. 23.40.075. Items not subject to bargaining. The parties may not negotiate terms contrary to [THE] (1) the reemployment rights for injured state employees under AS 39.25.158; (2) the reemployment rights of the organized militia under AS 26.05.075; (3) the authority of the Department of Health under AS 47.27.035 to assign Alaska temporary assistance program participants to a work activity considered appropriate by the Department of Health; 2023-05-11 Senate Journal Page 1064 (4) the authority for agencies to create temporary positions under AS 47.27.055(c); [OR] (5) the provisions contained in a contract under AS 14.40.210(a)(4); or (6) an award granted under AS 14.03.124." Renumber the following bill sections accordingly. Page 11, following line 17: Insert a new bill section to read: "* Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 14.25.220(6), as amended by sec. 9 of this Act, AS 14.25.220(10), as amended by sec. 10 of this Act, and AS 23.40.075, as amended by sec. 11 of this Act, apply to a contract or collective bargaining agreement that becomes legally binding on or after the effective date of secs. 9 - 11 of this Act." Page 11, line 20: Delete "Section 4" Insert "Section 6" Page 11, line 21: Delete "Section 3 of this Act takes" Insert "Sections 3 and 5 of this Act take" Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 2, 6 - 11, 13, and 14" Page 11, line 26: Delete "secs. 2 and 7" Insert "secs. 4 and 12" Senator Hughes moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 2023-05-11 Senate Journal Page 1065 CSSB 52(FIN) Second Reading Amendment No. 2? YEAS: 4 NAYS: 14 EXCUSED: 1 ABSENT: 1 Yeas: Hughes, Kaufman, Myers, Stevens Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Kawasaki, Kiehl, Merrick, Olson, Stedman, Tobin, Wielechowski, Wilson Excused: Shower Absent: Hoffman and so, Amendment No. 2 failed. Senator Hughes offered Amendment No. 3 : Page 1, line 6, following "allocation;": Insert "authorizing teacher service gratitude awards; relating to teacher base pay and compensation; relating to items not subject to collective bargaining;" Page 10, following line 22: Insert new bill sections to read: "* Sec. 7. AS 14.20 is amended by adding a new section to read: Sec. 14.20.225. Teacher service gratitude awards. (a) Subject to appropriation, for the fiscal years ending June 30, 2025, June 30, 2027, and June 30, 2029, a certificated full-time teacher is entitled to receive a teacher service gratitude award if the teacher was employed in a full-time classroom teaching position for the entirety of the school term for the two school years immediately preceding the date of payment and the teacher has entered into a contract with a district to teach for the entirety of the next school term. The department shall pay the teacher service gratitude award not later than 60 days after July 1, 2024, July 1, 2026, and July 1, 2028. Subject to the application and certification requirements in (c) of this section, the department shall pay the teacher service gratitude awards through grants to school districts as described in (b) and (c) of this section. 2023-05-11 Senate Journal Page 1066 (b) For the fiscal years ending June 30, 2025, June 30, 2027, and June 30, 2029, the department shall pay (1) $10,000 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) $20,000 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; (K) Haines Borough School District; (L) Ketchikan Gateway Borough School District; (M) Kodiak Island Borough School District; (N) Mt. Edgecumbe High School; (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) $30,000 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; 2023-05-11 Senate Journal Page 1067 (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; (Y) Yupiit School District. (c) To be eligible for the teacher service gratitude award, a certificated full-time teacher must apply during each eligible calendar year to the department on a date not later than the final day in session for the school term established by the governing body of the teacher's school district or regional educational attendance area. Application for payment shall be made on a form designated by the commissioner. For each teacher who applies, the school district or regional educational attendance area shall certify the teacher's eligibility for payment to the department. (d) The department may adopt regulations necessary to carry out the purposes of this section. (e) In this section, "certificated full-time teacher" (1) means an individual occupying a position that requires (A) a teaching certificate as a condition of employment; and 2023-05-11 Senate Journal Page 1068 (B) 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; (2) does not include an individual teaching as an assistant or graduate assistant or teaching on a substitute, temporary, or per- diem basis. * Sec. 8. AS 14.25.220(6) is amended to read: (6) "base salary" (A) means the total remuneration payable under contract for a full year of membership service, including addenda to the contract; "base salary" does not include an award granted under AS 14.20.225 and [BUT], for a member first hired on or after July 1, 1996, does not include remuneration in excess of the limitations set out in 26 U.S.C. 401(a)(17); (B) has the same meaning as "compensation" under AS 39.35.680(9) when applied to a state legislator who elects membership under AS 14.25.040(b); * Sec. 9. AS 14.25.220(6), as amended by sec. 8 of this Act, is amended to read: (6) "base salary" (A) means the total remuneration payable under contract for a full year of membership service, including addenda to the contract but [; "BASE SALARY" DOES NOT INCLUDE AN AWARD GRANTED UNDER AS 14.20.225 AND], for a member first hired on or after July 1, 1996, does not include remuneration in excess of the limitations set out in 26 U.S.C. 401(a)(17); (B) has the same meaning as "compensation" under as 39.35.680(9) when applied to a state legislator who elects membership under as 14.25.040(b); * Sec. 10. AS 14.25.220(10) is amended to read: (10) "compensation" means the total remuneration paid under contract to a member for services rendered during a school year, including cost-of-living differentials, payments for leave that is actually used by the member, the amount by which the member's wages are reduced under AS 39.30.150(c), an amount that is contributed by the employer under a salary reduction agreement and that is not includable in the gross income of the employee under 26 U.S.C. 125 or 132(f)(4), and the amount 2023-05-11 Senate Journal Page 1069 deferred under an employer-sponsored deferred compensation plan or the tax shelter annuity plan approved by the Department of Education and Early Development, but does not include retirement benefits, welfare benefits, per diem, expense allowances, workers' compensation payments, an award granted under AS 14.20.225, or payments for leave not used by the member, whether those leave payments are scheduled payments, lump-sum payments, donations, or cash-ins; for purposes of AS 14.25.050, compensation paid includes any payment made after June 30 of a school year for services rendered before the end of the school year; * Sec. 11. AS 14.25.220(10), as amended by sec. 10 of this Act, is amended to read: (10) "compensation" means the total remuneration paid under contract to a member for services rendered during a school year, including cost-of-living differentials, payments for leave that is actually used by the member, the amount by which the member's wages are reduced under AS 39.30.150(c), an amount that is contributed by the employer under a salary reduction agreement and that is not includable in the gross income of the employee under 26 U.S.C. 125 or 132(f)(4), and the amount deferred under an employer-sponsored deferred compensation plan or the tax shelter annuity plan approved by the Department of Education and Early Development, but does not include retirement benefits, welfare benefits, per diem, expense allowances, workers' compensation payments, [AN AWARD GRANTED UNDER AS 14.20.225,] or payments for leave not used by the member, whether those leave payments are scheduled payments, lump-sum payments, donations, or cash-ins; for purposes of AS 14.25.050, compensation paid includes any payment made after June 30 of a school year for services rendered before the end of the school year; * Sec. 12. AS 23.40.075 is amended to read: Sec. 23.40.075. Items not subject to bargaining. The parties may not negotiate terms contrary to [THE] (1) the reemployment rights for injured state employees under AS 39.25.158; (2) the reemployment rights of the organized militia under AS 26.05.075; 2023-05-11 Senate Journal Page 1070 (3) the authority of the Department of Health under AS 47.27.035 to assign Alaska temporary assistance program participants to a work activity considered appropriate by the Department of Health; (4) the authority for agencies to create temporary positions under AS 47.27.055(c); [OR] (5) the provisions contained in a contract under AS 14.40.210(a)(4); or (6) an award granted under AS 14.20.225. * Sec. 13. AS 23.40.075, as amended by sec. 12 of this Act, is amended to read: Sec. 23.40.075. Items not subject to bargaining. The parties may not negotiate terms contrary to the (1) [THE] reemployment rights for injured state employees under AS 39.25.158; (2) [THE] reemployment rights of the organized militia under AS 26.05.075; (3) [THE] authority of the Department of Health under AS 47.27.035 to assign Alaska temporary assistance program participants to a work activity considered appropriate by the Department of Health; (4) [THE] authority for agencies to create temporary positions under AS 47.27.055(c); or (5) [THE] provisions contained in a contract under AS 14.40.210(a)(4) [; OR (6) AN AWARD GRANTED UNDER AS 14.20.225]." Renumber the following bill sections accordingly. Page 11, following line 17: Insert new bill sections to read: "* Sec. 15. AS 14.20.225 is repealed July 1, 2030. * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. (a) AS 14.25.220(6), as amended by sec. 8 of this Act, AS 14.25.220(10), as amended by sec. 10 of this Act, and AS 23.40.075, as amended by sec. 12 of this Act, apply to a contract or collective bargaining agreement that becomes legally binding on or after the effective date of secs. 8, 10, and 12 of this Act. 2023-05-11 Senate Journal Page 1071 (b) AS 14.25.220(6), as amended by sec. 9 of this Act, AS 14.25.220(10), as amended by sec. 11 of this Act, and AS 23.40.075, as amended by sec. 13 of this Act, apply to a contract or collective bargaining agreement that becomes legally binding on or after the effective date of secs. 9, 11, and 13 of this Act." Renumber the following bill sections accordingly. Page 11, line 23: Delete "8" Insert "17" Page 11, line 25, following "Act,": Insert "and secs. 7, 8, 10, 12, and 16 of this Act" Page 11, line 26: Delete "7" Insert "14" Page 11, following line 27: Insert a new bill section to read: "* Sec. 22. Sections 9, 11, and 13 of this Act take effect July 1, 2030." Senator Hughes moved for the adoption of Amendment No. 3. Senator Bishop objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 3? YEAS: 3 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Hughes, Kaufman, Myers Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Shower and so, Amendment No. 3 failed. 2023-05-11 Senate Journal Page 1072 Senator Hughes offered Amendment No. 4 : Page 1, line 2, following "website;": Insert "relating to teacher spending accounts;" Page 2, following line 14: Insert a new bill section to read: "* Sec. 2. AS 14.03 is amended by adding a new section to read: Sec. 14.03.124. Teacher spending accounts. (a) Each school district shall establish a teacher spending account for each certificated teacher in the school district. On July 1 of each year, the department shall provide to each school district a grant of $1,500 for each teacher spending account in the school district. A school district may expend money from a teacher spending account only for the teacher for whom the account was established and only for educational supplies and material approved by the department by regulation. (b) A school district that receives a grant under this section may not spend on educational supplies and material in a fiscal year an amount that, excluding the amount received under (a) of this section, is less than the amount the school district spent on educational supplies and material in the previous fiscal year. (c) The department shall establish by regulation, after consultation with the board, a list of the educational supplies and material approved by the department for expenditure under (a) of this section. (d) In this section, "school district" has the meaning given in AS 14.30.350." Renumber the following bill sections accordingly. Page 11, line 20: Delete "Section 4" Insert "Section 5" Page 11, line 21: Delete "Section 3" Insert "Section 4" 2023-05-11 Senate Journal Page 1073 Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 2, 5 - 7, and 9" Page 11, line 26: Delete "secs. 2 and 7" Insert "secs. 3 and 8" Senator Hughes moved for the adoption of Amendment No. 4. Senator Giessel objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 4? YEAS: 3 NAYS: 15 EXCUSED: 1 ABSENT: 1 Yeas: Hughes, Kaufman, Myers Nays: Bishop, Bjorkman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Shower Absent: Claman and so, Amendment No. 4 failed. Senator Hughes offered Amendment No. 5 : Page 1, line 6, following "allocation;": Insert "relating to school funding;" Page 10, following line 22: Insert a new bill section to read: "* Sec. 7. AS 14.17 is amended by adding a new section to article 2 to read: 2023-05-11 Senate Journal Page 1074 Sec. 14.17.530. Funding resulting from base student allocation increase. If the legislature increases the base student allocation in AS 14.17.470, a district shall spend in each subsequent fiscal year an amount equal to at least 70 percent of the district's increase in state aid resulting from the increase to the base student allocation on instruction provided by certificated teachers." Renumber the following bill sections accordingly. Page 11, following line 17: Insert a new bill section to read: "* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 14.17.530, enacted by sec. 7 of this Act, applies to an increase to the base student allocation in AS 14.17.470 that takes effect on or after the effective date of sec. 7 of this Act." Renumber the following bill sections accordingly. Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 4 - 7, 9, and 10" Page 11, line 26: Delete "7" Insert "8" Senator Hughes moved for the adoption of Amendment No. 5. Senator Tobin objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 5? 2023-05-11 Senate Journal Page 1075 YEAS: 4 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Hughes, Kaufman, Myers, Wilson Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski Excused: Shower and so, Amendment No. 5 failed. Senator Hughes offered Amendment No. 6 : Page 1, line 6, following "allocation;": Insert "relating to school count periods;" Page 10, following line 22: Insert a new bill section to read: "* Sec. 7. AS 14.17.600 is amended to read: Sec. 14.17.600. Student count periods. (a) Within two weeks after the end of the 61-school-day [20-SCHOOL-DAY] period beginning September 1 and ending [THE FOURTH FRIDAY IN] October 31, each district shall transmit a report to the department that, under regulations adopted by the department, reports its ADM for that count period and other student count information that will aid the department in making a determination of its state aid under the public school funding program. For centralized correspondence study, the [OCTOBER] report shall be based on the period from July 1 through the fourth Friday in October. The department may make necessary corrections in the report submitted and shall notify the district of changes made. The commissioner shall notify the governor of additional appropriations the commissioner estimates to be necessary to fully finance the public school funding program for the current fiscal year. (b) Upon written request and for good cause shown, the commissioner may permit a district to use a 61-school-day [20- SCHOOL-DAY] count period other than the period set out in (a) of this section. However, a count period approved under this subsection must be 61 [20] consecutive school days unless one or more alternate count periods are necessary to permit a district to 2023-05-11 Senate Journal Page 1076 implement flexible scheduling that meets the district's needs and goals without jeopardizing the state aid for which the district would ordinarily be eligible under this chapter." Renumber the following bill sections accordingly. Page 11, following line 17: Insert a new bill section to read: "* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 14.17.600, as amended by sec. 7 of this Act, applies to a contract or collective bargaining agreement that becomes legally binding on or after the effective date of sec. 7 of this Act." Renumber the following bill sections accordingly. Page 11, line 23: Delete "8" Insert "10" Page 11, line 26: Delete "7" Insert "8" Page 11, following line 27: Insert a new bill section to read: "* Sec. 15. Section 7 of this Act takes effect July 1, 2026." Senator Hughes moved for the adoption of Amendment No. 6. Senator Bishop objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 6? 2023-05-11 Senate Journal Page 1077 YEAS: 3 NAYS: 14 EXCUSED: 1 ABSENT: 2 Yeas: Hughes, Kaufman, Myers Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski Excused: Shower Absent: Hoffman, Wilson and so, Amendment No. 6 failed. Senator Hughes offered Amendment No. 7 : Page 1, line 1, following "education;": Insert "relating to school athletics, recreation, athletic teams, and sports;" Page 1, following line 7: 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 FINDINGS AND INTENT. (a) The legislature finds that (1) maintaining fairness in athletic opportunities for women is an important state interest; (2) requiring the designation of separate sex-specific athletic teams or sports is necessary to maintain fairness in athletic opportunities for women; (3) significant biological and physiological differences between males and females, including greater strength, speed, and endurance capabilities among males on average, provide a competitive advantage to male athletes in sports; and (4) having separate sex-specific teams furthers efforts to promote sex equality and that discrimination against women and girls in sports is counter to that effort. (b) It is the intent of the legislature to preserve an even playing field in school athletic programs, to maintain opportunities for female athletes to demonstrate their strength, skills, and athletic abilities, and 2023-05-11 Senate Journal Page 1078 to provide female athletes with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that result from participating and competing in athletic endeavors." Page 1, line 8: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 10, following line 22: Insert a new bill section to read: "* Sec. 8. AS 14.18 is amended by adding new sections to read: Article 2. Designation of Athletic Teams and Sports. Sec. 14.18.150. Athletic team and sport designation. (a) A public school, or a private school whose students or teams compete against a public school, must designate each school- sponsored athletic team or sport a (1) male, men, or boys team or sport; (2) female, women, or girls team or sport; or (3) coeducational or mixed team or sport. (b) A student who participates in an athletic team or sport designated female, women, or girls must be female, based on the participant's biological sex as either female or male, as designated at the participant's birth. The biological sex listed on a participant's birth certificate may be relied on to establish the participant's biological sex designated at the participant's birth if the sex designated on the birth certificate was designated at or near the time of the participant's birth. Sec. 14.18.160. Compliance protected. (a)A governmental entity, licensing or accrediting organization, athletic association, or school district may not take adverse action against a school or school district for complying with AS 14.18.150. (b) A school or a school district may decline to consider a complaint brought against the school or school district for complying with AS 14.18.150. Sec. 14.18.170. Liability. (a) A student who is deprived of an athletic opportunity or suffers direct or indirect harm resulting from a violation of AS 14.18.150 may bring a private cause of action against the violating school. 2023-05-11 Senate Journal Page 1079 (b) A student subjected to retaliation or other adverse action as a result of reporting a violation of AS 14.18.150 to an employee or representative of a school, school district, or athletic association or organization, or to a state or federal government entity with oversight authority, may bring a private cause of action against the retaliating entity. (c) If a school or school district suffers direct or indirect harm as a result of a violation of AS 14.18.150, the school or school district may bring a private cause of action against the violating entity. (d) An action brought under this section must be commenced within two years of the event giving rise to the complaint. Sec. 14.18.180. Access to courts; relationship to rights under federal law. (a) Nothing in AS 14.18.150 - 14.18.190 abrogates, restricts, or otherwise limits (1) the access of any person to a state or federal court; or (2) a person's right to bring in state or federal court a complaint or cause of action arising out of AS 14.18.150 - 14.18.190. (b) AS 14.18.150 - 14.18.190 may not be construed to modify a person's rights under 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), 29 U.S.C. 794, or 42 U.S.C. 12101 - 12213. Sec. 14.18.190. Definitions. In AS 14.18.150 - 14.18.190, (1) "school" means an elementary, junior high, or secondary school; (2) "school district" means a borough school district, a city school district, a regional educational attendance area, a state boarding school, and the state centralized correspondence study program." Renumber the following bill sections accordingly. Page 11, line 20: Delete "Section 4" Insert "Section 5" 2023-05-11 Senate Journal Page 1080 Page 11, line 21: Delete "Section 3" Insert "Section 4" Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 5 - 7 and 10" Page 11, following line 24: Insert a new bill section to read: "* Sec. 13. Sections 1 and 8 of this Act take effect July 1, 2023." Renumber the following bill sections accordingly. Page 11, line 25: Delete "sec. 1" Insert "sec. 2" Page 11, line 26: Delete "sec. 1 of this Act, and secs. 2 and 7" Insert "sec. 2 of this Act, and secs. 3 and 9" Senator Hughes moved for the adoption of Amendment No. 7. Senator Wielechowski objected. President Stevens ruled Amendment No. 7 out of order. Senator Hughes appealed the ruling of the Chair. The question being: "Shall the Senate uphold the ruling of the Chair?" The roll was taken with the following result: Uphold Ruling of the Chair? YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Nays: Hughes, Myers Excused: Shower and so, the ruling of the Chair was upheld. 2023-05-11 Senate Journal Page 1081 Senator Hughes offered Amendment No. 8 : Page 1, line 1, following "education;": Insert "relating to parental rights in a child's education; relating to access to school records;" Page 1, line 6, following "allocation;": Insert "relating to sex education, human reproduction education, and human sexuality education; relating to school disciplinary and safety programs;" Page 1, following line 7: Insert new bill sections to read: "* Section 1. AS 14.03.016(a) is amended to read: (a) A local school board shall, in consultation with parents, teachers, and school administrators, adopt policies to promote the involvement of parents in the school district's education program. The policies must include procedures (1) recognizing the authority of a parent and allowing a parent to object to and withdraw the child from a standards-based assessment or test required by the state; (2) recognizing the authority of a parent and allowing a parent to object to and withdraw the child from an activity, class, or program; (3) requiring that, except as provided in AS 14.30.355 and 14.30.356, [PROVIDING FOR PARENT NOTIFICATION NOT LESS THAN TWO WEEKS] before any activity, class, or program that includes content involving gender identity, human reproduction, or sexual matters is provided to a child, the parent (A) receive notification not less than two weeks before the activity, class, or program; (B) provide written permission for the child to participate in the activity, class, or program; (4) recognizing the authority of a parent and allowing a parent to withdraw the child from an activity, class, program, or standards-based assessment or test required by the state for a religious holiday, as defined by the parent; 2023-05-11 Senate Journal Page 1082 (5) providing a parent with an opportunity to review the content of an activity, class, performance standard, or program; (6) ensuring that, when a child is absent from an activity, class, program, or standards-based assessment or test required by the state under this section, the absence is not considered an unlawful absence under AS 14.30.020 if the child's parent withdrew the child from the activity, class, program, or standards- based assessment or test or gave permission for the child's absence; (7) requiring written permission from a parent before a public school changes the name or pronoun used by the school to address or refer to the child in person, on school identification, or in school records; (8) requiring that a parent be informed in writing of the right to pursue legal action against a school district if the parent believes that the parent's rights have been violated. * Sec. 2. AS 14.03.016(d) is amended by adding a new paragraph to read: (6) "gender identity" means an individual's internal sense of being male, female, or something else, which may or may not correspond to the individual's sex assigned at birth or sex characteristics. * Sec. 3. AS 14.03.016 is amended by adding new subsections to read: (e) A parent may file a civil action against a school district for a violation of a policy or procedure adopted under (a) of this section. (f) A school district that knowingly or recklessly violates a policy or procedure adopted under (a) of this section is liable to the parent in a civil action for a civil penalty of not less than $5,000 and may be liable for treble damages upon a showing of a violation established by clear and convincing evidence. In this subsection, "knowingly" and "recklessly" have the meanings given in AS 11.81.900(a). * Sec. 4. AS 14.03.115 is amended to read: Sec. 14.03.115. Access to school records by parent, foster parent, or guardian. Upon request of a parent, foster parent, or guardian of a child under 18 years of age who is currently or was previously enrolled in a municipal school district or a school district that is a regional educational attendance area, the school 2023-05-11 Senate Journal Page 1083 district shall provide a copy of the child's record. When responding to a request for a child's record, the school district may not selectively withhold from a parent, foster parent, or guardian information regarding the child's physical, medical, or mental health unless a reasonably prudent person would believe that disclosure of the information would result in child abuse or neglect as defined in AS 47.17.290. This section does not apply to (1) a record of a child who is an emancipated minor; or (2) record information that consists of the child's address if the school district determines that the release of the child's address poses a threat to the health or safety of the child." Page 1, line 8: Delete "Section 1" Insert "Sec. 5" Renumber the following bill sections accordingly. Page 10, following line 22: Insert new bill sections to read: "* Sec. 11. AS 14.30.361 is amended by adding new subsections to read: (e) A school district may teach a class or program involving sex education, human reproduction education, or human sexuality education only if parental notice and permission is provided in accordance with AS 14.03.016(a)(3). (f) Except as provided in AS 14.30.355, a school district may teach a class or program involving sex education, human reproduction education, or human sexuality education only to children enrolled in grade four or higher. * Sec. 12. AS 14.33.120(a) is amended to read: (a) Each governing body shall adopt a written school disciplinary and safety program. The program required under this subsection must be made available to students, parents, legal guardians, and the public and include written (1) standards for student behavior and safety that reflect community standards and that include, at a minimum, basic requirements for respect and honesty; standards required under this paragraph must be developed and periodically reviewed with the collaboration of members of each school, parents, legal 2023-05-11 Senate Journal Page 1084 guardians, teachers, and other persons responsible for the students at a school; a governing body may require that standards developed under this paragraph be consistent for all schools in an attendance area or the district; (2) standards relating to when a teacher is authorized to remove a student from the classroom for (A) failure to follow student behavior and safety standards; or (B) behavior described under AS 14.30.045(1) or (2); (3) procedures for notifying teachers of dangerous students consistent with AS 47.12.310(b); (4) standards relating to when a teacher, teacher's assistant, or other person responsible for students is authorized to use reasonable and appropriate force to maintain classroom safety and discipline as described under AS 11.81.430(a)(2); (5) policies necessary to comply with provisions of state and federal law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act); (6) standards to address needs of students for whom mental health or substance abuse may be a contributing factor to noncompliance with the school disciplinary and safety program; (7) policies for implementing a student conflict resolution strategy, including the nonviolent resolution or mediation of conflicts and procedures for reporting and resolving conflicts; (8) procedures for periodic review and revision of the school disciplinary and safety program; (9) policies and procedures consistent with standards for use of restraint and seclusion of students as described in AS 14.33.125; (10) procedures to address the physical safety and privacy of students in locker rooms and restrooms through the separation of students by biological sex, access to single- occupant facilities, or other safety and privacy protocols consistent with AS 14.18.040." Renumber the following bill sections accordingly. 2023-05-11 Senate Journal Page 1085 Page 11, following line 17: Insert a new bill section to read: "* Sec. 14. AS 14.03.016(d)(2) is repealed." Renumber the following bill sections accordingly. Page 11, line 20: Delete "Section 4" Insert "Section 8" Page 11, line 21: Delete "Section 3" Insert "Section 7" Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 1 - 4, 8 - 12, 14, and 15" Page 11, line 25: Delete "sec. 1" Insert "sec. 5" Page 11, line 26: Delete "sec. 1 of this Act, and secs. 2 and 7" Insert "sec. 5 of this Act, and secs. 6 and 13" Senator Hughes moved for the adoption of Amendment No. 8. Objections were heard. President Stevens ruled Amendment No. 8 was not germane. Senator Hughes appealed the ruling of the Chair. The question being: "Shall the Senate uphold the ruling of the Chair?" The roll was taken with the following result: 2023-05-11 Senate Journal Page 1086 Uphold Ruling of the Chair? YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Nays: Hughes, Myers Excused: Shower and so, the ruling of the Chair was upheld. Senator Myers offered Amendment No. 9 : Page 1, line 6, following "allocation;": Insert "relating to school funding;" Page 10, following line 22: Insert a new bill section to read: "* Sec. 7. AS 14.17 is amended by adding a new section to article 2 to read: Sec. 14.17.530. Funding resulting from base student allocation increase. If the legislature increases the base student allocation in AS 14.17.470, a district shall spend in each subsequent fiscal year an amount equal to at least 70 percent of the district's increase in state aid resulting from the increase to the base student allocation on teacher salaries." Renumber the following bill sections accordingly. Page 11, following line 17: Insert a new bill section to read: "* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 14.17.530, enacted by sec. 7 of this Act, applies to an increase to the base student allocation in AS 14.17.470 that takes effect on or after the effective date of sec. 7 of this Act." Renumber the following bill sections accordingly. 2023-05-11 Senate Journal Page 1087 Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 4 - 7, 9, and 10" Page 11, line 26: Delete "7" Insert "8" Senator Myers moved for the adoption of Amendment No. 9. Senator Stedman objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 9? YEAS: 3 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Hughes, Kaufman, Myers Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Shower and so, Amendment No. 9 failed. Senator Myers offered Amendment No. 10 : Page 1, line 5, following "schools;": Insert "relating to school funding;" Page 10, following line 19: Insert a new bill section to read: "* Sec. 6. AS 14.17.420 is amended by adding a new subsection to read: (d) A district shall budget for and spend on intensive services in each fiscal year an amount equal to the number obtained for intensive services under (a)(2) of this section." 2023-05-11 Senate Journal Page 1088 Renumber the following bill sections accordingly. Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 4 - 7 and 9" Page 11, line 26: Delete "7" Insert "8" Senator Myers moved for the adoption of Amendment No. 10. Objections were heard. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 10? YEAS: 4 NAYS: 14 EXCUSED: 1 ABSENT: 1 Yeas: Hughes, Kaufman, Merrick, Myers Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Hoffman, Kawasaki, Kiehl, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Shower Absent: Gray-Jackson and so, Amendment No. 10 failed. Senator Myers offered Amendment No. 11 : Page 1, line 4, following "students;": Insert "relating to school bond debt reimbursement;" Page 10, following line 4: Insert new bill sections to read: "* Sec. 5. AS 14.11.014(d) is amended to read: 2023-05-11 Senate Journal Page 1089 (d) Notwithstanding any other provision of law, the committee may not recommend for approval an application for bond debt reimbursement made by a municipality (1) for school construction or major maintenance for indebtedness authorized by the qualified voters of the municipality on or after January 1, 2015, but before July 1, 2025; (2) for more than one school construction project listed on the department's ranking of school construction project priorities under AS 14.11.013(b); or (3) for more than two major maintenance projects listed on the department's ranking of major maintenance project priorities under AS 14.11.013(b), except that the committee may recommend for approval an application for bond debt reimbursement made by a municipality for all the major maintenance projects of the municipality that are ranked within the top 20 projects on the department's list of major maintenance project priorities. * Sec. 6. AS 14.11.100(s) is amended to read: (s) Notwithstanding any other provision of law, the commissioner may not approve an application for bond debt reimbursement made by a municipality (1) for school construction or major maintenance for indebtedness authorized by the qualified voters of the municipality on or after January 1, 2015, but before July 1, 2025; (2) for more than one school construction project listed on the department's ranking of school construction project priorities under AS 14.11.013(b); or (3) for more than two major maintenance projects listed on the department's ranking of major maintenance project priorities under AS 14.11.013(b), except that the commissioner may approve an application for bond debt reimbursement made by a municipality for all the major maintenance projects of the municipality that are ranked within the top 20 projects on the department's list of major maintenance project priorities. * Sec. 7. AS 14.11.102(c) is amended to read: (c) The commissioner may not allocate funds to a municipality under AS 14.11.100 for the retirement of the principal of and interest on outstanding tax- exempt bonds, notes, or other indebtedness 2023-05-11 Senate Journal Page 1090 (1) authorized by the qualified voters of the municipality on or after January 1, 2015, but before July 1, 2025; (2) for more than one school construction project listed on the department's ranking of school construction project priorities under AS 14.11.013(b); or (3) for more than two major maintenance projects listed on the department's ranking of major maintenance project priorities under AS 14.11.013(b), except that the commissioner may allocate funds to a municipality for the retirement of the principal of and interest on outstanding tax- exempt bonds, notes, or other indebtedness for all the major maintenance projects of the municipality that are ranked within the top 20 projects on the department's list of major maintenance project priorities." Renumber the following bill sections accordingly. Page 11, following line 17: Insert new bill sections to read: "* Sec. 11. AS 14.11.014(d)(1), 14.11.100(s)(1), and 14.11.102(c)(1) are repealed July 1, 2025. * Sec. 12. Section 6, ch. 3, SLA 2015, as amended by sec. 5, ch. 6, SLA 2020, is repealed." Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 4 - 9 and 11 - 13" Page 11, line 26: Delete "7" Insert "10" Senator Myers moved for the adoption of Amendment No. 11. Objections were heard. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: 2023-05-11 Senate Journal Page 1091 CSSB 52(FIN) Second Reading Amendment No. 11? YEAS: 2 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Hughes, Myers Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Shower and so, Amendment No. 11 failed. Senator Myers offered Amendment No. 12 : Page 1, line 4, following "students;": Insert "relating to school funding;" Page 10, following line 4: Insert a new bill section to read: "* Sec. 5. AS 14.11.121(d) is amended to read: (d) A school district or regional educational attendance area that submits an application for a proposed project under AS 14.11.011 for funding under this section that is approved for funding by the department shall provide a participating share that is equal to the difference between the allowable costs of a project and the combined available federal funding and the state aid provided under AS 14.11.126. Allowable costs for a project approved under this section shall be based on the [ADJUSTED] student count for a charter school [CALCULATED UNDER AS 14.17.450(a) AND (c)], as determined by the commissioner." Renumber the following bill sections accordingly. Page 10, following line 19: Insert new bill sections to read: "* Sec. 7. 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: 2023-05-11 Senate Journal Page 1092 (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 determining the student count under AS 14.17.600 [APPLYING THE SCHOOL SIZE FACTOR TO THE STUDENT COUNT AS SET OUT IN AS 14.17.450]; (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) 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; 2023-05-11 Senate Journal Page 1093 (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 (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: 2023-05-11 Senate Journal Page 1094 (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 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 2023-05-11 Senate Journal Page 1095 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 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 2023-05-11 Senate Journal Page 1096 (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, not to exceed 45 percent of a district's basic need for the preceding fiscal year as determined under (1) of this subsection. * Sec. 8. AS 14.17.440(a) is amended to read: (a) Except as provided in AS 14.17.400(b), funding for state boarding schools established under AS 14.16.010 includes an allocation from the public education fund in an amount calculated by (1) determining the student count under AS 14.17.600 [ADM OF STATE BOARDING SCHOOLS BY APPLYING THE SCHOOL SIZE FACTOR TO THE STUDENT COUNT AS DESCRIBED IN AS 14.17.450]; (2) multiplying the number obtained under (1) of this subsection by the special needs factor 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) and multiplying that product by the base student allocation; and (3) multiplying the product determined under (2) of this subsection by the district cost factor that is applicable to calculation of the state aid for the adjacent school district under AS 14.17.460." Renumber the following bill sections accordingly. 2023-05-11 Senate Journal Page 1097 Page 10, following line 22: Insert a new bill section to read: "* Sec. 10. AS 14.17.905(b) is amended to read: (b) Notwithstanding (a)(3) of this section [AND FOR PURPOSES OTHER THAN CALCULATIONS UNDER AS 14.17.450], a charter school shall be counted as a separate school if the charter school has an ADM of at least 150 students." Renumber the following bill sections accordingly. Page 11, following line 17: Insert a new bill section to read: "* Sec. 12. AS 14.17.450 is repealed." Renumber the following bill sections accordingly. Page 11, line 23: Delete "Sections 4 - 6 and 8" Insert "Sections 4 - 10, 12, and 13" Page 11, line 26: Delete "7" Insert "11" Senator Myers moved for the adoption of Amendment No. 12. Senator Stedman objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 12? YEAS: 3 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Hughes, Kaufman, Myers Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Excused: Shower and so, Amendment No. 12 failed. 2023-05-11 Senate Journal Page 1098 CS FOR SENATE BILL NO. 52(FIN) was automatically in third reading. Senator Wilson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Wilson was required to vote. The question being: "Shall CS FOR SENATE BILL NO. 52(FIN) "An Act relating to education; requiring the Department of Education and Early Development to provide information relating to public schools on an Internet website; relating to information on the post-secondary education, career path, and residency of graduates from high schools in the state; relating to transportation of students; relating to state funding for districts operating residential schools; increasing the base student allocation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 52(FIN) Third Reading - Final Passage Effective Date(s) YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski Nays: Hughes, Myers, Wilson Excused: Shower and so, CS FOR SENATE BILL NO. 52(FIN) passed the Senate. Senator Giessel moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause(s). Without objection, it was so ordered. Senator Tobin gave notice of reconsideration on CS FOR SENATE BILL NO. 52(FIN) and moved and asked unanimous consent it be taken up. Senator Hughes objected. 2023-05-11 Senate Journal Page 1099 The question being: "Shall the Senate take up reconsideration on CS FOR SENATE BILL NO. 52(FIN) "An Act relating to education; requiring the Department of Education and Early Development to provide information relating to public schools on an Internet website; relating to information on the post-secondary education, career path, and residency of graduates from high schools in the state; relating to transportation of students; relating to state funding for districts operating residential schools; increasing the base student allocation; and providing for an effective date" the same day?" The roll was taken with the following result: CSSB 52(FIN) Take up Reconsideration Same Day? YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski, Wilson Nays: Hughes, Myers Excused: Shower and so, CS FOR SENATE BILL NO. 52(FIN) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 52(FIN) "An Act relating to education; requiring the Department of Education and Early Development to provide information relating to public schools on an Internet website; relating to information on the post-secondary education, career path, and residency of graduates from high schools in the state; relating to transportation of students; relating to state funding for districts operating residential schools; increasing the base student allocation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 52(FIN) Third Reading - On Reconsideration Effective Date(s) 2023-05-11 Senate Journal Page 1100 YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kaufman, Kawasaki, Kiehl, Merrick, Olson, Stedman, Stevens, Tobin, Wielechowski Nays: Hughes, Myers, Wilson Excused: Shower and so, CS FOR SENATE BILL NO. 52(FIN) passed the Senate on reconsideration. Senator Giessel moved and asked unanimous consent the vote on reconsideration be considered the vote on the effective date clause(s). Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.