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HOUSE BILL NO. 240
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES SCHRAGE, Spohnholz, Tuck
Introduced: 1/18/22
Referred: Education, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the duties of the Department of Education and Early Development;
2 relating to public schools and school districts; relating to early education programs;
3 relating to funding for early education programs; relating to school age eligibility;
4 relating to reports by the Department of Education and Early Development; relating to
5 school operating funds; and providing for an effective date."
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
7 * Section 1. AS 14.03.040 is amended to read:
8 Sec. 14.03.040. Day in session. Each day within the school term is a day in
9 session except Saturdays, Sundays, and days designated as holidays by or according to
10 AS 14.03.050. A school board may approve Saturdays as a day in session. The day in
11 session in every school shall be at least four hours long, exclusive of intermissions, for
12 the first, second, and third grades and five hours, exclusive of intermissions, for [ALL
13 OTHER] grades four through 12. The commissioner may approve a shorter day in
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1 session for any grade. The period of the day in session shall be devoted to the
2 instruction of pupils or to study periods for the pupils.
3 * Sec. 2. AS 14.03.060(e) is amended to read:
4 (e) In addition to the grades enumerated in (a) of this section, an elementary
5 school consists of an early education [A PRE-ELEMENTARY] program approved
6 or supervised by the department under AS 14.07.020(a)(8), including a program
7 operated by a head start agency [THE DEPARTMENT] as a head start program
8 under 42 U.S.C. 9831 - 9852c [AS 14.38.010, OR LOCATED IN A PUBLIC
9 SCHOOL FOR FEDERAL FUNDING PURPOSES. EXCEPT FOR A CHILD WITH
10 A DISABILITY WHO IS RECEIVING SPECIAL EDUCATION OR RELATED
11 SERVICES UNDER AS 14.30.180 - 14.30.350, PRE-ELEMENTARY STUDENTS
12 MAY NOT BE COUNTED IN A SCHOOL'S AVERAGE DAILY MEMBERSHIP
13 UNDER AS 14.17].
14 * Sec. 3. AS 14.03.060(e), as amended by sec. 2 of this Act, is amended to read:
15 (e) In addition to the grades enumerated in (a) of this section, an elementary
16 school consists of an early education program [APPROVED OR] supervised by the
17 department under AS 14.07.020(a)(8), including a program operated by a head start
18 agency as a head start program under 42 U.S.C. 9831 - 9852c.
19 * Sec. 4. AS 14.03.078(a) is amended to read:
20 (a) The department shall provide to the legislature by February 15 of each year
21 by electronic means an annual report regarding the progress of each school and school
22 district toward high academic performance by all students. The report required under
23 this section must include
24 (1) information described under AS 14.03.120(d);
25 (2) progress of the department
26 (A) toward implementing the school accountability provisions
27 of AS 14.03.123; and
28 (B) in assisting high schools to become accredited;
29 (3) a description of the resources provided to each school and school
30 district for coordinated school improvement activities and staff training in each school
31 and school district;
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1 (4) each school district's and each school's progress in aligning
2 curriculum with state education performance standards;
3 (5) a description of the efforts by the department to assist a public
4 school or district that receives a low performance designation under AS 14.03.123;
5 (6) a description of intervention efforts by each school district and
6 school for students who are not meeting state performance standards; [AND]
7 (7) the number and percentage of turnover in certificated personnel and
8 superintendents; and
9 (8) the effectiveness and participation rates of the parents as
10 teachers program established under AS 14.03.420, including measures of
11 efficiency and effectiveness that demonstrate the effects of the program on school
12 readiness.
13 * Sec. 5. AS 14.03.078(a), as amended by sec. 4 of this Act, is amended to read:
14 (a) The department shall provide to the legislature by February 15 of each year
15 by electronic means an annual report regarding the progress of each school and school
16 district toward high academic performance by all students. The report required under
17 this section must include
18 (1) information described under AS 14.03.120(d);
19 (2) progress of the department
20 (A) toward implementing the school accountability provisions
21 of AS 14.03.123; and
22 (B) in assisting high schools to become accredited;
23 (3) a description of the resources provided to each school and school
24 district for coordinated school improvement activities and staff training in each school
25 and school district;
26 (4) each school district's and each school's progress in aligning
27 curriculum with state education performance standards;
28 (5) a description of the efforts by the department to assist a public
29 school or district that receives a low performance designation under AS 14.03.123;
30 (6) a description of intervention efforts by each school district and
31 school for students who are not meeting state performance standards; and
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1 (7) the number and percentage of turnover in certificated personnel and
2 superintendents [; AND
3 (8) THE EFFECTIVENESS AND PARTICIPATION RATES OF
4 THE PARENTS AS TEACHERS PROGRAM ESTABLISHED UNDER
5 AS 14.03.420, INCLUDING MEASURES OF EFFICIENCY AND
6 EFFECTIVENESS THAT DEMONSTRATE THE EFFECTS OF THE PROGRAM
7 ON SCHOOL READINESS].
8 * Sec. 6. AS 14.03.080(c) is amended to read:
9 (c) A child under school age who is at least four years of age at the
10 beginning of the school year may be admitted to a public school in the school district
11 of which the child is a resident at the discretion of the governing body of the school
12 district if the child meets minimum standards prescribed by the board evidencing that
13 the child has the mental, physical, and emotional capacity to perform satisfactorily for
14 the educational program being offered. A district's educational program must prescribe
15 that, except for students in an early education program, under school age students
16 advance through the curriculum or grade level by the following school year. A
17 governing body may delegate the authority granted under this subsection to the chief
18 school administrator of the school district.
19 * Sec. 7. AS 14.03.080(c), as amended by sec. 6 of this Act, is amended to read:
20 (c) A child under school age [WHO IS AT LEAST FOUR YEARS OF AGE
21 AT THE BEGINNING OF THE SCHOOL YEAR] may be admitted to a public
22 school in the school district of which the child is a resident at the discretion of the
23 governing body of the school district if the child meets minimum standards prescribed
24 by the board evidencing that the child has the mental, physical, and emotional capacity
25 to perform satisfactorily for the educational program being offered. A district's
26 educational program must prescribe that [, EXCEPT FOR STUDENTS IN AN
27 EARLY EDUCATION PROGRAM,] under school age students advance through the
28 curriculum or grade level by the following school year. A governing body may
29 delegate the authority granted under this subsection to the chief school administrator
30 of the school district.
31 * Sec. 8. AS 14.03.080 is amended by adding a new subsection to read:
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1 (g) A child who is five years of age on or before September 1 following the
2 beginning of the school year, and who is under school age, may enter a public school
3 kindergarten.
4 * Sec. 9. AS 14.03 is amended by adding new sections to read:
5 Article 4. Early Education.
6 Sec. 14.03.410. Early education programs; grants. (a) The department shall
7 provide training and assistance to develop and improve district-wide early education
8 programs that comply with standards adopted by the board under AS 14.07.165(a)(5).
9 The department shall assess district-wide early education programs and approve
10 programs that comply with the standards adopted by the board under
11 AS 14.07.165(a)(5). The department may review an approved program at any time and
12 may revoke approval of a program if the program is not in compliance with the
13 standards adopted by the board under AS 14.07.165(a)(5).
14 (b) The department may award a grant to provide funding for a three-year
15 period for the development or improvement of a district-wide early education program
16 to a district that has not received a grant under this section, applies in a format
17 prescribed by the department, and is eligible for a grant as specified under (c) of this
18 section. Unless the legislature appropriates another amount, total grant funding
19 awarded to districts under this subsection may not exceed $3,000,000 in a fiscal year.
20 (c) The department shall rank the performance of each district in the state in
21 accordance with the accountability system and performance designations required
22 under AS 14.03.123. When approving grants under (b) of this section, the department
23 shall prioritize eligible districts with lower performance, based on the department's
24 ranking of districts under this subsection. A district is eligible for a grant if the
25 department determines an insufficient number of children in the district attend high
26 quality child care programs, including head start programs, early education programs
27 provided by a local government, and early education programs provided by child
28 development agencies, that
29 (1) meet or exceed the standards adopted by the board under
30 AS 14.07.165(a)(5); and
31 (2) would continue operating after development of a district early
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1 education program.
2 (d) If the department does not approve, as provided in (a) of this section, the
3 early education program of a district awarded a grant under (b) of this section by the
4 end of the district's three-year grant period, the department may provide a one-year
5 remediation grant to allow the district one additional fiscal year to meet the early
6 education program standards adopted by the board under AS 14.07.165(a)(5). If the
7 district is unable to meet the early education program standards at the end of that fiscal
8 year, the department may, in the discretion of the commissioner, provide an additional
9 remediation grant to allow the district not more than one additional fiscal year to meet
10 the standards. Nothing in this section prohibits a district from using its own funds to
11 continue the remediation process.
12 (e) A student in an early education program may not be counted in a district's
13 ADM under AS 14.17.500 unless the department has approved the program under (a)
14 of this section.
15 (f) A grant under this section is subject to appropriation, but may not supplant
16 other early education funding available to districts.
17 (g) In this section,
18 (1) "ADM" has the meaning given in AS 14.17.990;
19 (2) "district" has the meaning given in AS 14.17.990;
20 (3) "early education program" means a program, the primary function
21 of which is educational, for children who are four and five years of age and who have
22 not attended a public school kindergarten.
23 Sec. 14.03.420. Parents as teachers program. (a) The department shall
24 design and implement a statewide parents as teachers program for the benefit of
25 children who are under five years of age. The program must provide a system of early
26 childhood education that
27 (1) is evidence-based;
28 (2) involves parents;
29 (3) is consistent with available research and best practices for high
30 quality early childhood education;
31 (4) incorporates guidelines adopted by the department for early
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1 learning that
2 (A) enhance school readiness;
3 (B) increase parent understanding of child development and
4 developmental milestones;
5 (C) reduce the incidence of child abuse and neglect;
6 (D) increase identification of health problems and
7 developmental delays through regular screenings;
8 (E) improve child health indicators, including immunization
9 rates; and
10 (F) increase parental involvement; and
11 (5) provides for effective and efficient coordination with or expansion
12 of early education programs operating in the state, to the extent permitted by law.
13 (b) A school district shall, to the extent space is needed and available, provide
14 for the use of a room in a school at no charge to support the program established under
15 this section.
16 (c) The department shall develop and enter into local partnerships to
17 implement the program established under this section.
18 * Sec. 10. AS 14.07.020(a) is amended to read:
19 (a) The department shall
20 (1) exercise general supervision over the public schools of the state
21 except the University of Alaska;
22 (2) study the conditions and needs of the public schools of the state,
23 adopt or recommend plans, administer and evaluate grants to improve school
24 performance awarded under AS 14.03.125, and adopt regulations for the improvement
25 of the public schools; the department may consult with the University of Alaska to
26 develop secondary education requirements to improve student achievement in college
27 preparatory courses;
28 (3) provide advisory and consultative services to all public school
29 governing bodies and personnel;
30 (4) prescribe by regulation a minimum course of study for the public
31 schools; the regulations must provide that, if a course in American Sign Language is
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