31-LS1342\A
SENATE BILL NO. 136
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY SENATOR STEVENS
Introduced: 1/21/20
Referred: Education, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act providing for the establishment of public schools through state-tribal
2 compacts."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 14.07.165(a) is amended to read:
5 (a) The board shall adopt
6 (1) statewide goals and require each governing body to adopt written
7 goals that are consistent with local needs;
8 (2) regulations regarding the application for and award of grants under
9 AS 14.03.125;
10 (3) regulations implementing provisions of AS 14.11.014(b);
11 (4) regulations requiring approval by the board before a charter school,
12 state boarding school, state-tribal education compact school, or a public school may
13 provide domiciliary services;
14 (5) [REPEALED]
SB0136A -1- SB 136
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1342\A
1 * Sec. 2. AS 14.16 is amended by adding new sections to read:
2 Article 3. State-Tribal Education Compact Schools.
3 Sec. 14.16.300. State-tribal education compacts. (a) The commissioner may
4 enter into compacts with federally recognized tribes in the state for the establishment
5 of state-tribal education compact schools. The commissioner shall prescribe an
6 application procedure for the approval of compacts consistent with AS 14.16.300 -
7 14.16.340.
8 (b) To initiate the application procedure described in (a) of this section, a
9 governing body of a federally recognized tribe in the state must submit to the
10 commissioner a resolution and an application in a form approved by the commissioner
11 that
12 (1) indicates the grade or grades from kindergarten through grade 12
13 that the school will offer; and
14 (2) demonstrates that operation of the school will comply with all
15 applicable laws and regulations and the terms and conditions prescribed by the
16 commissioner.
17 (c) Within 90 days after receiving a resolution and application described in (b)
18 of this section, the commissioner shall convene a meeting with the governing body of
19 the applicant tribe for the purpose of considering the resolution and application and
20 initiating negotiations.
21 (d) A compact entered into under this section must include provisions relating
22 to
23 (1) compliance;
24 (2) notices of violation;
25 (3) dispute resolution, which may include nonjudicial processes such
26 as mediation;
27 (4) recordkeeping and auditing;
28 (5) the delineation of roles and responsibilities;
29 (6) the term of the compact and whether the compact is renewable; and
30 (7) termination of the compact.
31 Sec. 14.16.310. Applicability of education laws. A state-tribal education
SB 136 -2- SB0136A
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1342\A
1 compact school is a public school of the state. The following provisions apply with
2 respect to the operation and management of a state-tribal education compact school as
3 if the school were a school district:
4 (1) requirements relating to school district operations:
5 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in
6 session, and school holidays);
7 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions
8 applicable to school district operations);
9 (C) regulations adopted by the board under authority of
10 AS 14.07.020(a) that are applicable to school districts and their schools, unless
11 the board specifically exempts state-tribal education compact schools from
12 compliance with a regulation;
13 (D) AS 14.12.150 (authorizing school districts to establish and
14 participate in the services of a regional resource center);
15 (E) AS 14.14.050 (imposing the requirement of an annual
16 audit);
17 (F) AS 14.14.110 (authorizing cooperation with other school
18 districts);
19 (G) AS 14.14.140(b) (establishing a prohibition on
20 employment of a relative of the chief school administrator);
21 (H) AS 14.18 (prohibiting discrimination based on sex or race
22 in public education);
23 (2) requirements relating to the public school funding program and the
24 receipt and expenditure of that funding:
25 (A) AS 14.17.500 (relating to student count estimates);
26 (B) AS 14.17.505 (relating to school operating fund balances);
27 (C) AS 14.17.600 - 14.17.910 (setting out the procedure for
28 payment of public school funding and imposing general requirements and
29 limits on money paid);
30 (3) requirements relating to teacher employment and retirement:
31 (A) AS 14.14.105 and 14.14.107 (relating to sick leave);
SB0136A -3- SB 136
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1342\A
1 (B) AS 14.20.095 - 14.20.215 (relating to the employment and
2 tenure of teachers);
3 (C) AS 14.20.220 (relating to the salaries of teachers
4 employed);
5 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave
6 provisions for teachers);
7 (E) AS 23.40.070 - 23.40.260 (authorizing collective
8 bargaining by certificated employees), except with regard to teachers who are
9 administrators and except that the board may delegate some or all of its
10 responsibilities under those statutes;
11 (F) AS 14.25 (provisions regarding the teachers' retirement
12 system);
13 (4) requirements relating to students and educational programs:
14 (A) AS 14.30.180 - 14.30.350 (relating to educational services
15 for children with disabilities);
16 (B) AS 14.30.360 - 14.30.370 (establishing health education
17 program standards);
18 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and
19 bicultural education).
20 Sec. 14.16.320. Admission. (a) A state-tribal education compact school may
21 not charge tuition, except to the extent that a school district may charge tuition with
22 respect to a person over school age under AS 14.03.080(b), but may charge fees for
23 participation in optional extracurricular activities.
24 (b) A state-tribal education compact school may not limit admission on a basis
25 other than age group, grade level, or capacity and shall otherwise enroll all eligible
26 students who submit a timely application. If capacity is insufficient to enroll all
27 eligible students who submit a timely application, a state-tribal education compact
28 school may prioritize the enrollment of members of the tribe party to the compact and
29 siblings of students already enrolled in the school.
30 Sec. 14.16.330. Financial provisions applicable to a state-tribal education
31 compact school. (a) AS 14.17.445 applies to the calculation of public school funding
SB 136 -4- SB0136A
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1342\A
1 payable for operation of a state-tribal education compact school.
2 (b) In the transmittals required by AS 37.07.060 and 37.07.062, the governor
3 shall request amounts for the expenses of construction, rehabilitation, and
4 improvement of the facilities of a state-tribal education compact school.
5 (c) Unless specified otherwise in any appropriation bill, AS 37.25.010 does
6 not apply to an appropriation made for the purposes of (a) of this section.
7 (d) AS 37.25.020 applies to money appropriated for the purposes of (b) of this
8 section.
9 (e) For purposes of application for and receipt of federal aid to education, a
10 state-tribal education compact school constitutes a local educational agency.
11 Sec. 14.16.340. Employment. (a) The employees of a state-tribal education
12 compact school are state employees.
13 (b) A state-tribal education compact school may adopt a policy that gives
14 employment preference to members of federally recognized tribes.
15 * Sec. 3. AS 14.17.300(a) is amended to read:
16 (a) The public education fund is established. The fund consists of
17 appropriations for
18 (1) distribution to school districts, to the state boarding school, to a
19 state-tribal education compact school, and for centralized correspondence study
20 under this chapter; and
21 (2) transportation of pupils under AS 14.09.010.
22 * Sec. 4. AS 14.17.400(b) is amended to read:
23 (b) If the amount appropriated to the public education fund for purposes of
24 this chapter is insufficient to meet the amounts authorized under (a) of this section for
25 a fiscal year, the department shall reduce pro rata each district's basic need by the
26 necessary percentage as determined by the department. If the basic need of each
27 district is reduced under this subsection, the department shall also reduce state funding
28 for centralized correspondence study, [AND] the state boarding school, and state-
29 tribal education compact schools by the same percentage.
30 * Sec. 5. AS 14.17 is amended by adding a new section to read:
31 Sec. 14.17.445. State funding for state-tribal education compact schools.
SB0136A -5- SB 136
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1342\A
1 (a) Except as provided in AS 14.17.400(b), funding for state-tribal education compact
2 schools established under AS 14.16.300 includes an allocation from the public
3 education fund in an amount calculated by
4 (1) determining the ADM of state-tribal education compact schools by
5 applying the school size factor to the student count as described in AS 14.17.450;
6 (2) multiplying the number obtained under (1) of this subsection by the
7 special needs factor in AS 14.17.420(a)(1) and the secondary school vocational and
8 technical instruction funding factor set out in AS 14.17.420(a)(3) and multiplying that
9 product by the base student allocation; and
10 (3) multiplying the product determined under (2) of this subsection by
11 the district cost factor that is applicable to calculation of the state aid for the adjacent
12 school district under AS 14.17.460.
13 (b) In addition to the funding calculated under (a) of this section, state-tribal
14 education compact schools are eligible for intensive services funding under
15 AS 14.17.420(a)(2).
16 * Sec. 6. AS 14.18.110 is amended by adding a new subsection to read:
17 (b) Nothing in this chapter prohibits state-tribal education compact schools
18 established under AS 14.16.300 from prioritizing the employment of members of
19 federally recognized tribes or the admission of members of the tribe party to the
20 compact if capacity is insufficient to enroll all eligible students who submit a timely
21 application.
22 * Sec. 7. AS 14.30.010(b) is amended to read:
23 (b) This section does not apply if a child
24 (1) is provided an academic education comparable to that offered by
25 the public schools in the area, either by
26 (A) attendance at a private school in which the teachers are
27 certificated according to AS 14.20.020;
28 (B) tutoring by personnel certificated according to
29 AS 14.20.020; or
30 (C) attendance at an educational program operated in
31 compliance with AS 14.45.100 - 14.45.200 by a religious or other private
SB 136 -6- SB0136A
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1342\A
1 school;
2 (2) attends a school operated by the federal government;
3 (3) has a physical or mental condition that a competent medical
4 authority determines will make attendance impractical;
5 (4) is in the custody of a court or law enforcement authorities;
6 (5) is temporarily ill or injured;
7 (6) has been suspended or expelled under AS 14.03.160 or suspended
8 or denied admittance under AS 14.30.045;
9 (7) resides more than two miles from either a public school or a route
10 on which transportation is provided by the school authorities, except that this
11 paragraph does not apply if the child resides within two miles of a federal or private
12 school that the child is eligible and able to attend;
13 (8) is excused by action of the school board of the district at a regular
14 meeting or by the district superintendent subject to approval by the school board of the
15 district at the next regular meeting;
16 (9) has completed the 12th grade;
17 (10) is enrolled in
18 (A) a state boarding school established under AS 14.16.010;
19 [AS 14.16; OR]
20 (B) a full-time program of correspondence study approved by
21 the department; in those school districts providing an approved correspondence
22 study program, a student may be enrolled either in the district correspondence
23 program or in the centralized correspondence study program; or
24 (C) a state-tribal education compact school established
25 under AS 14.16.300;
26 (11) is equally well-served by an educational experience approved by
27 the school board as serving the child's educational interests despite an absence from
28 school, and the request for excuse is made in writing by the child's parents or guardian
29 and approved by the principal or administrator of the school that the child attends;
30 (12) is being educated in the child's home by a parent or legal
31 guardian.
SB0136A -7- SB 136
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1342\A
1 * Sec. 8. AS 14.30.186(a) is amended to read:
2 (a) Special education and related services shall be provided by
3 (1) a borough or city school district for a child with a disability
4 residing within the district;
5 (2) the board of a regional educational attendance area operating a
6 school in the area for a child