Sec. 14.03.010. Establishment of school system.

There is established in the state a system of public schools to be administered and maintained as provided in this title.

History. (§ 1 ch 98 SLA 1966)

Sec. 14.03.015. State education policy.

It is the policy of this state that the purpose of education is to help ensure that all students will succeed in their education and work, shape worthwhile and satisfying lives for themselves, exemplify the best values of society, and be effective in improving the character and quality of the world about them.

History. (§ 1 ch 173 SLA 1990)

Administrative Code. —

For statewide goals, see 4 AAC 4.

For statewide student assessment, see 4 AAC 6, art. 4.

Sec. 14.03.016. A parent’s right to direct the education of the parent’s child.

1. 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. providing for parent notification not less than two weeks before any activity, class, or program that includes content involving human reproduction or sexual matters is provided to a child;
   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;
   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.
2. The policies adopted under this section may not allow a parent categorically to object to or withdraw a child from all activities, classes, programs, or standards-based assessments or tests required by the state. The policies must require a parent to object each time the parent wishes to withdraw the child from an activity, class, program, or standards-based assessment or test required by the state.
3. Nothing in this section prohibits a school employee or volunteer from answering a question from a child about any topic.
4. In this section,
   1. “child” means an unemancipated minor under 18 years of age;
   2. “human reproduction or sexual matters” does not include curricula or materials for
      1. sexual abuse and sexual assault awareness and prevention training required under AS 14.30.355 ; or
      2. dating violence and abuse awareness and prevention training required under AS 14.30.356 ;
   3. “local school board” has the meaning given in AS 14.03.290 ;
   4. “parent” means the natural or adoptive parent of a child or a child’s legal guardian;
   5. “school district” has the meaning given in AS 14.30.350 .

History. (§ 1 ch 54 SLA 2016; am § 2 ch 54 SLA 2016)

Revisor's notes. —

Paragraphs (2) — (5) were enacted as paragraphs (5) and (2) — (4) respectively and renumbered in 2016 for alphabetical consistency.

Effect of amendments. —

The 2016 amendment, effective October 26, 2016, added (d)(5) [now (d)(2)].

Effective dates. —

Section 1, ch. 54, SLA 2016, which enacted this section, took effect on October 26, 2016.

Sec. 14.03.020. School year.

The school year begins on the first day of July and ends on the 30th day of June.

History. (§ 1 ch 98 SLA 1966)

Opinions of attorney general. —

School districts may choose whether or not to permit part-time enrollment of private school students, unless the department adopts a contrary policy. June 24, 1993, Op. Att’y Gen.

Sec. 14.03.030. School term.

A school term begins and ends on the dates fixed by the governing body of a school district. A school term shall include not less than 180 days in session unless, with the approval of the commissioner,

1. a day used for in-service training of teachers is substituted for a day in session, up to a maximum of 10 days;
2. an “emergency closure day” is substituted for a day in session because of conditions posing a threat to the health or safety of students; or
3. the school board adopts a different school term that includes at least 740 hours of instruction and study periods for pupils in kindergarten, first grade, second grade, and third grade and at least 900 hours of instruction and study periods for pupils in grades four through 12 if the commissioner finds that the school board has submitted an acceptable plan under which students will receive the approximate educational equivalent of a 180-day term.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 65 SLA 1972; am § 1 ch 137 SLA 1976; am § 1 ch 24 SLA 1979; am § 1 ch 61 SLA 1983; am § 1 ch 71 SLA 1985; am §§ 2, 3 ch 33 SLA 1991; am § 2 ch 60 SLA 1994; am § 1 ch 35 SLA 2004)

Cross references. —

For legislative intent concerning the 1991 amendments to this section, see § 1, ch. 33, SLA 1991 in the Temporary and Special Acts.

Administrative Code. —

For local education, see 4 AAC 5.

For allowances for professional personnel, see 4 AAC 15.

Sec. 14.03.040. Day in session.

Each day within the school term is a day in session except Saturdays, Sundays, and days designated as holidays by or according to AS 14.03.050 . A school board may approve Saturdays as a day in session. The day in session in every school shall be at least four hours long, exclusive of intermissions, for the first, second, and third grades and five hours, exclusive of intermissions, for all other grades. The commissioner may approve a shorter day in session for any grade. The period of the day in session shall be devoted to the instruction of pupils or to study periods for the pupils.

History. (§ 1 ch 98 SLA 1966; am § 2 ch 137 SLA 1976)

Administrative Code. —

For correspondence study programs, see 4 AAC 33, art. 4.

Sec. 14.03.050. School holidays.

1. Public schools may not be in session on school holidays, which are Labor Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Christmas Day, New Years Day, Memorial Day, and the Fourth of July.  If one of these holidays falls on a Saturday, the Friday immediately preceding is a school holiday.  If one of these holidays falls on a Sunday, the Monday immediately following is a school holiday. A teacher may not be required to perform employment services on these holidays, nor may the salary of a teacher be diminished because the teacher does not perform employment services on a school holiday.
2. The public schools shall be in session on all other holidays falling upon school days and shall conduct appropriate exercises in recognition of the day.
3. The governing body of the school district may declare additional holidays.

History. (§ 1 ch 98 SLA 1966)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Sec. 14.03.060. Elementary, junior high, and secondary schools.

1. Except as provided in (e) of this section, an elementary school consists of grades kindergarten through grade eight or any appropriate combination of grades within this range.
2. A secondary school consists of grades seven through 12 or any appropriate combination of grades within this range. The establishment of one or two grades beyond the 12th grade is optional with the governing body of the school district.
3. Grades seven through eight, nine, and ten or any appropriate combination of grades within this range may be organized as a junior high school.
4. This section does not prevent a high school from issuing a diploma to a student who has completed the 12th grade.
5. In addition to the grades enumerated in (a) of this section, an elementary school consists of a pre-elementary program supervised by the department under AS 14.07.020(a)(8) , operated by the department as a head start program under AS 14.38.010 , or located in a public school for federal funding purposes. Except for a child with a disability who is receiving special education or related services under AS 14.30.180 — 14.30.350 , pre-elementary students may not be counted in a school’s average daily membership under AS 14.17.

History. (§ 1 ch 98 SLA 1966; am §§ 1, 2 ch 117 SLA 2008)

Collateral references. —

Zoning regulations as applied to public elementary and high schools. 74 ALR3d 136.

Sec. 14.03.070. School age.

A child who is six years of age on or before September 1 following the beginning of the school year, and who is under the age of 20 and has not completed the 12th grade, is of school age.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 1 FSSLA 1987; am § 19 ch 85 SLA 1988; am § 1 ch 101 SLA 2004)

Effect of amendments. —

The 2004 amendment, effective July 1, 2004, substituted “on or before September 1” for “before August 15.”

Collateral references. —

Power of public school authorities to set minimum or maximum age requirements for pupils in absence of specific statutory authority. 78 ALR2d 1021.

Sec. 14.03.072. Early literacy information.

1. Each school district shall annually provide to parents and guardians of students enrolled in kindergarten through grade three in a public school in the state current information on the importance of early literacy, including
   1. intervention strategies;
   2. home literacy plans;
   3. grade retention standards and policies for the elementary school attended;
   4. strategies and resources to help children learn to read.
2. In partnership with local media outlets, the department shall create and implement a communications campaign to educate parents and guardians about the importance of early literacy. The campaign shall include an Internet website that provides access to current research on early literacy, book recommendations, and vocabulary-building exercises.

History. (§ 1 ch 69 SLA 2013)

Effective dates. —

Section 7, ch. 69, SLA 2013 makes this section effective July 11, 2013.

Sec. 14.03.073. Secondary school course credit.

1. A school district shall provide the opportunity for students enrolled in grades nine through 12 in the district to challenge one or more courses provided by the district by demonstrating mastery in mathematics, language arts, science, social studies, and world languages at the level of the course challenged. A school district shall give full credit for a course to a student who successfully challenges that course as provided under this section.
2. A school district shall establish, within a reasonable time, an assessment tool and a standard for demonstrating mastery in courses provided for students in grades nine through 12 by the district under this section. This section does not require a school district to establish an assessment tool for every course in mathematics, language arts, science, social studies, and world languages that is offered to students in grades nine through 12 by the district.
3. The board shall adopt regulations to implement this section.
4. In this section, “school district” has the meaning given in AS 14.30.350 .

History. (§ 2 ch 15 SLA 2014; am §§ 2, 3 ch 2 SSSLA 2015)

Cross references. —

For governor's transmittal letter for ch. 15, SLA 2014, see 2014 House Journal 1434 — 1437.

Effect of amendments. —

The 2015 amendment, effective October 7, 2015, in the first sentence in (a), substituted “in grades nine through 12 in the district to challenge one or more courses” for “in a secondary school in the district to challenge a course”; in (b), in the first sentence, substituted “in courses provided for students in grades nine through 12” for “in secondary school courses provided”, and added the second sentence.

Effective dates. —

Section 62, ch. 15, SLA 2014 makes this section effective July 1, 2014.

Sec. 14.03.075. College and career readiness assessment; retroactive issuance of diploma.

1. [Repealed, §§ 25, 29 ch 2 SSSLA 2015.]
2. [Repealed, §§ 25, 29 ch 2 SSSLA 2015.]
3. [Repealed, §§ 25, 29 ch 2 SSSLA 2015.]
4. At the request of a student, a school district shall issue a high school diploma to a student who did not receive a high school diploma because the student failed to pass all or a portion of the secondary school competency examination but who received a certificate of achievement under this section as it read before July 1, 2014.
5. In this section,
   1. [Repealed, §§ 25, 29 ch 2 SSSLA 2015.]
   2. “school district” has the meaning given in AS 14.30.350 .

History. (§ 1 ch 58 SLA 1997; am § 2 ch 94 SLA 2001; am § 24 ch 35 SLA 2003; am § 14 ch 41 SLA 2009; am § 3 ch 15 SLA 2014; am § 25 ch 2 SSSLA 2015)

Revisor’s notes. —

Subsection (d) and paragraph (e)(2) were enacted as part of sec. 51, ch. 15, SLA 2014, and codified in 2014, at which time “under this section as it read before July 1, 2014” was substituted for “under former AS 14.03.075 ” to reflect the codification. For the full text of sec. 51, ch. 15, SLA 2014, see the 2014 Temporary and Special Acts.

Cross references. —

For governor’s transmittal letter for ch. 15, SLA 2014, which repealed and reenacted this section, see 2014 House Journal 1434 - 1437.

Administrative Code. —

For statewide student assessment, see 4 AAC 6, art. 4.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, rewrote the section, which formerly related to standards and processes for secondary student competency testing.

The 2015 amendment, effective June 30, 2016, repealed (a), (b), (c), and (e)(1).

Editor’s notes. —

Section 51(a), ch. 15, SLA 2014 requires that a school district mail a notice consistent with (d) of this section to each student who qualifies for a diploma under (d) of this section to the student’s last known address.

Section 51(b), ch. 15, SLA 2014 requires that the Department of Education and Early Development post a notice consistent with subsection (d) on the department’s internet website with information about how to request a high school diploma.

Sec. 14.03.077. High school diploma for certain veterans.

1. Notwithstanding other provisions of this chapter, the commissioner shall award a high school diploma to a person who
   1. makes application under (b) of this section; if a person is deceased or incapacitated, an immediate family member may apply on behalf of the person;
   2. never received a high school diploma; and
   3. actively served in the United States armed forces or the Alaska Territorial Guard during the period of August 7, 1940, through July 25, 1947, and
      1. died in active service;
      2. was honorably discharged; or
      3. was released from active duty because of a service-related disability.
2. The commissioner shall provide a form or electronic format for a person to apply under this section. The commissioner may accept an affidavit to support the award if documentation is not readily available from the military or other sources.

History. (§ 1 ch 13 SLA 2001)

Sec. 14.03.078. Annual progress reports.

1. The department shall provide to the legislature by February 15 of each year by electronic means an annual report regarding the progress of each school and school district toward high academic performance by all students. The report required under this section must include
   1. information described under AS 14.03.120(d) ;
   2. progress of the department
      1. toward implementing the school accountability provisions of AS 14.03.123 ; and
      2. in assisting high schools to become accredited;
   3. a description of the resources provided to each school and school district for coordinated school improvement activities and staff training in each school and school district;
   4. each school district’s and each school’s progress in aligning curriculum with state education performance standards;
   5. a description of the efforts by the department to assist a public school or district that receives a low performance designation under AS 14.03.123 ;
   6. a description of intervention efforts by each school district and school for students who are not meeting state performance standards; and
   7. the number and percentage of turnover in certificated personnel and superintendents.
2. By December 31 of each year, the department shall provide to the Alaska Mental Health Trust Authority established by AS 47.30.011 a report on the progress of school districts in the state toward the objective of AS 14.30.278(b) , based on performance indicators included in the most current plan submitted by the state to the United States Secretary of Education as required under 20 U.S.C. 1412(a).

History. (§ 4 ch 94 SLA 2001; am § 4 ch 15 SLA 2014; am § 1 ch 19 SLA 2014)

Effect of amendments. —

The first 2014 amendment, effective July 1, 2014, in (a), inserted “by electronic means” following “of each year”; deleted (a)(2), which read, “The number and percentage of students in each school who pass the examination required under AS 14.03.075 , and the number who pass each section of the examination”; in (a)(6), substituted “or district that receives a low performance designation under AS 14.03.123 ” for “that receives designation of deficient or in crisis”; deleted (a)(9), which read, “The number of teachers by district and by school who are teaching outside the teacher’s area of endorsement but in areas tested by the high school competency examination”; made related changes.

The second 2014 amendment, effective August 27, 2014, added (b).

Sec. 14.03.080. Right to attend school.

1. A child of school age is entitled to attend public school without payment of tuition during the school term in the school district in which the child is a resident subject to the provisions of AS 14.14.110 and 14.14.120 .
2. A person over school age may be admitted to the public school in the school district in which the person is a resident at the discretion of the governing body of the school district. A person over school age may be charged tuition by the governing body of the school district.
3. A child under school age may be admitted to a public school in the school district of which the child is a resident at the discretion of the governing body of the school district if the child meets minimum standards prescribed by the board evidencing that the child has the mental, physical, and emotional capacity to perform satisfactorily for the educational program being offered. A district’s educational program must prescribe that under school age students advance through the curriculum or grade level by the following school year. A governing body may delegate the authority granted under this subsection to the chief school administrator of the school district.
4. A child who is five years of age on or before September 1 following the beginning of the school year, and who is under school age, may enter a public school kindergarten.
5. A child under school age shall be admitted to school in the district of which the child is a resident if immediately before the child became a resident of the district, the child was legally enrolled in the public schools of another district or state.
6. This section does not require a school district to admit a child or person currently under suspension or expulsion under AS 14.03.160 in that or another school district.
7. A school district shall consider a student to be a resident of the district and admit the student to a public school in the district if a parent or guardian of the student is serving as an active duty member of the armed forces of the United States or a member of the National Guard and is transferred or pending transfer under an official military order to a military installation in the state from another military installation in the state or from outside of the state. A parent or guardian of the student shall provide to the school district written proof of residence in the state on an official document within 30 days of the student’s first day of attendance in the school district. In this subsection,
   1. “guardian” has the meaning given in AS 13.06.050 ;
   2. “military installation” means a base, camp, post, station, yard, center, homeport facility for a ship, armory, or other installation under the jurisdiction of the United States Department of Defense or the United States Coast Guard;
   3. “residence” means the principal dwelling place of an active duty parent or guardian.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 64 SLA 1972; am § 2 ch 1 FSSLA 1987; am § 20 ch 85 SLA 1988; am § 4 ch 33 SLA 1995; am § 1 ch 50 SLA 2003; am §§ 2, 3 ch 101 SLA 2004; am § 1 ch 7 SLA 2022)

Administrative Code. —

For local education, see 4 AAC 5.

Opinions of attorney general. —

A school district must permit a child who is temporarily hospitalized or attending a treatment facility in the district to enroll as a student in, and receive educational services from, the district. If the child is an exceptional child, the district must ordinarily provide special education and related services. If the child is placed within the district in accordance with an Individualized Education Plan developed by his or her home district, however, that district must make arrangements for the child’s education. August 12, 1987 Op. Att’y Gen.

Under current laws, public schools may, but are not required to enroll private school students on a part time basis. June 24, 1993 Op. Att’y Gen.

Alaska school districts are not prohibited from enrolling students on a part-time basis in public school courses, but are not required to do so. Private school students may be enrolled part time in public school classes subject to the same enrollment requirements as other students, and so long as the practice is not used by private schools on a widespread basis to provide the curriculum requirements of the private school. Enrollment in extracurricular activities is similarly neither prohibited nor required. June 24, 1993 Op. Att’y Gen.

Sec. 14.03.083. Contracting for services.

1. A school district may contract for educational services provided to students in the district by an agency that is accredited by the department under AS 14.07.020 and (b) of this section.
2. The department shall adopt regulations and establish program standards for educational services that may be contracted for by a school district.
3. Expenses incurred by the department in accrediting the agency and program shall be borne by the agency seeking accreditation.
4. The department and the state Board of Education and Early Development may not enter into or renew a contract or agreement, or participate, with any organization, entity, group, or consortium after July 1, 2014 that requires the state to cede any measure of autonomy or control over education standards and assessments, including the determination of passing scores.

History. (§ 1 ch 49 SLA 1973; am § 5 ch 15 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, added (d).

Sec. 14.03.085. Procurement preference for recycled Alaska products.

A school district shall comply with AS 29.71.050 , except that in AS 29.71.050 (b), “AS 29.71.040 ” is read as “AS 36.15.050 ,” and in AS 29.71.050(a) — (c) and (e), “municipal” and “municipality” are read as “school district.” In this section, “school district” does not include regional educational attendance areas.

History. (§ 1 ch 63 SLA 1988; am § 30 ch 50 SLA 1989)

Cross references. —

For requirement that school districts, including REAAs, that receive state money comply with agricultural and fisheries products preference laws, see AS 36.15.050 .

Sec. 14.03.090. Partisan, sectarian, or denominational doctrines prohibited.

Partisan, sectarian, or denominational doctrines may not be advocated in a public school during the hours the school is in session. A teacher or school board violating this section may not receive public money.

History. (§ 1 ch 98 SLA 1966)

Administrative Code. —

For correspondence study programs, see 4 AAC 33, art. 4.

Opinions of attorney general. —

Although public school teachers may teach about various religions as part of the curriculum in public schools, they may not advocate a particular religious view or teach that a particular religious view is true or false. The Professional Training Practices Commission has jurisdiction to hear complaints about the inappropriate advocacy of personal religious views in the classroom, and to take appropriate disciplinary action if the complaints are justified. Sept. 15, 1988 Op. Att’y Gen.

The Department of Education and Early Development properly informed districts operating statewide correspondence study programs that they must require parents to use primary curriculum materials that are secular in nature, approved in advance by the school district; the enforcement action and current regulations do not infringe upon the rights of parents and are consistent with the underlying statutes. Correspondence school students may not use religious materials in lieu of district approved textbooks and materials, but parents may privately supplement their child’s educational material with religious materials. September 20, 2005 Op. Att’y Gen.

AS 14.03.090 applies to school districts and publicly employed teachers, but not to parents. Parents who include religious instruction, including the use of privately obtained religious materials, in their home during their child’s correspondence course studies, may do so without violating the law. September 20, 2005 Op. Att’y Gen.

A book may not be approved for use in publicly provided education if it advocates a partisan, sectarian, or denominational doctrine. To allow otherwise would permit a school board to advocate partisan, sectarian, and denominational doctrines in a public classroom through textbooks. September 20, 2005 Op. Att’y Gen.

Exercising the authority to determine whether a textbook advocates religion is not unconstitutional censorship. State statutes and regulations allowing local school boards to review and approve textbooks do not, on their face, violate the right of parents or students to freely exercise their religion. September 20, 2005 Op. Att’y Gen.

Collateral references. —

Constitutionality of teaching or otherwise promoting secular humanism in public schools. 103 ALR Fed. 538.

Constitutionality of regulation or policy governing prayer, meditation, or “moment of silence” in public schools. 110 ALR Fed. 211.

Distribution or use of Bibles in public schools—modern cases. 111 A.L.R. Fed. 1.

Sec. 14.03.095. Part-time school attendance.

1. Except as provided in (b) of this section, a governing body shall, upon request, allow a child, including a child who is also enrolled at a private school, is a correspondence student, or is being home schooled, to enroll as a part-time student in the district. A governing body may not discriminate between part-time and full-time students or require that part-time students be enrolled after full-time student enrollment is completed.
2. A governing body is not required to allow part-time enrollment if
   1. the enrollment would be denied even if the enrollee were a full-time student; or
   2. the enrollment would result in an expenditure of public funds for the direct benefit of a private educational institution.
3. Part-time enrollment under this section does not constitute attendance for the purposes of AS 14.30.010(a) .
4. This section does not apply to interscholastic or extracurricular student activities.

History. (§ 1 ch 60 SLA 1997; am §§ 1, 2 ch 120 SLA 1998)

Administrative Code. —

For correspondence study programs, see 4 AAC 33, art. 4.

Opinions of attorney general. —

Alaska school districts are not prohibited from enrolling students on a part-time basis in public school courses, but are not required to do so. Private school students may be enrolled part time in public school classes subject to the same enrollment requirements as other students, and so long as the practice is not used by private schools on a widespread basis to provide the curriculum requirements of the private school. Enrollment in extracurricular activities is similarly neither prohibited nor required. June 24, 1993 Op. Att’y Gen.

Sec. 14.03.100. Use of school facilities.

The governing body of a school district may allow the use of school facilities for any legal gatherings or assemblies. The governing body shall adopt bylaws that will ensure reasonable and impartial use of the facilities.

History. (§ 1 ch 98 SLA 1966)

Collateral references. —

Constitutionality, construction, and application of statutes declaring that school buildings are civic centers, or otherwise providing for use of such buildings for other than school purposes. 79 ALR2d 1148, 94 ALR2d 1274.

Use of school property for other than public school or religious purposes. 94 ALR2d 1274.

Tort liability of public schools and institutions of higher learning for accidents occurring during use of premises and equipment for other than school purposes. 37 ALR3d 712.

Validity and construction of statute or ordinance forbidding unauthorized persons to enter upon or remain in school building or premises. 50 ALR3d 340.

Sec. 14.03.105. Search of school lockers.

1. Subject to (b) of this section, a locker or other container provided in a school by the school or the school district may be searched and examined with the permission of the chief administrative officer of the school or the school district or the designee of the chief administrative officer to determine compliance with school regulations, school district regulations, and local, state, and federal laws. A search or examination under this section may not be more intrusive than reasonably necessary to meet the objectives of the search.
2. Notices in letters at least two inches high stating the right and the intention of school and school district officers to permit searches and examinations under (a) of this section shall be posted in prominent locations throughout a school.
3. Nothing in this section limits the ability of a peace officer, chief administrative officer, or other appropriate person, acting in compliance with local, state, or federal laws, to search a locker or other container provided in a public or private school by the school district.

History. (§ 5 ch 33 SLA 1995)

Sec. 14.03.110. Questionnaires and surveys administered in public schools.

1. A school district, principal or other person in charge of a public school, or teacher in a public school may not administer or permit to be administered in a school a questionnaire or survey, whether anonymous or not, that inquires into personal or private family affairs of the student not a matter of public record or subject to public observation unless written permission is obtained from the student’s parent or legal guardian.
2. For an anonymous questionnaire or survey, written permission required under (a) of this section may be obtained annually and is valid until the commencement of the subsequent school year or until the parent or legal guardian who gave permission submits a written withdrawal of permission to the school principal. The school shall provide each student’s parent or legal guardian at least two weeks’ notice before administering a questionnaire or survey described under this subsection.
3. If a school administers to a student a questionnaire or survey that is not anonymous, the school shall obtain the written permission required under (a) of this section from the student’s parent or legal guardian at least two weeks before the questionnaire or survey is administered.
4. The school shall give a student’s parent or guardian an opportunity to review the questionnaire or survey described under (b) or (c) of this section and shall give the parent or guardian written notice regarding
   1. how the questionnaire or survey will be administered to the student;
   2. how the results of the survey or questionnaire will be used; and
   3. who will have access to the questionnaire, survey, or results.
5. A student may refuse to participate in a questionnaire or survey administered in a public school. A student’s parent or legal guardian may refuse to allow the student to participate in a specified questionnaire or survey.
6. In this section, “questionnaire or survey” means a list of questions to, or information collected from, a class or group of students.

History. (§ 1 ch 23 SLA 1979; am §§ 1, 2 ch 63 SLA 1999; am § 5 ch 2 SSSLA 2015; am § 24 ch 54 SLA 2016)

Effect of amendments. —

The 2015 amendment, effective October 7, 2015, in (d)(3), added “, or results” at the end, and made related changes.

Opinions of attorney general. —

AS 14.03.110 — As long as survey questions are limited to the student’s own activities and the survey does not ask the student questions about parents or other activities occurring within a student’s home, the 1997 Youth Behavior Risk Survey does not impermissibly invade the domain of the student’s private “ family ” affairs. September 28, 1998 Op. Att’y Gen. (Issued before 1999 amendment to this section.)

Sec. 14.03.113. District determination of scholarship eligibility.

A school district shall determine whether a student who graduates from a high school in the district is eligible for an award of an Alaska performance scholarship under AS 14.43.810 — 14.43.849 . If a student is eligible, the district shall state in the student’s permanent record the highest level of funding for which the student is eligible. A district shall provide a student with an opportunity to request that the district correct an error in the eligibility determination.

History. (§ 1 ch 14 SLA 2010; am § 1 ch 74 SLA 2012)

Revisor’s notes. —

In 2010, in this section, “AS 14.43.849 ” was substituted for “AS 14.43.850” to reflect the 2010 renumbering of AS 14.43.850.

Cross references. —

For transitional provisions giving effect to regulations relating to scholarship applications under the Alaska merit scholarship program on or after January 1, 2011, see § 9, ch. 14, SLA 2010, in the 2010 Temporary and Special Acts.

Effect of amendments. —

The 2012 amendment, effective September 14, 2012, substituted “an Alaska performance scholarship” for “an Alaska merit scholarship program scholarship”.

Effective dates. —

Section 14, ch. 14, SLA 2010 makes this section effective July 1, 2011.

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 district shall provide a copy of the child’s record. 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.

History. (§ 1 ch 36 SLA 1999)

Sec. 14.03.120. Education planning; reports.

1. A district shall annually file with the department, and make available to the public, a report that
   1. establishes district goals and priorities for improving education in the district;
   2. includes a plan for achieving district goals and priorities; and
   3. includes a means of measuring the achievement of district goals and priorities.
2. The department shall summarize the reports submitted under (a) of this section and include all revenue received by each school district organized in easily sortable categories including ADM and district, as a statewide report, provide a copy to the governor, publish the report on the department’s Internet website, and notify the legislature that the report is available; in this subsection, “revenue” means all money reported to the department as receipts from any source, including state, federal, local, special, and other funding.
3. A district shall make efforts to encourage students, parents, teachers, and other members of the community to participate in the preparation of the report submitted under (a) of this section.
4. Annually, before the date set by the district under (e) of this section, each public school shall deliver to the department for posting on the department’s Internet website and provide, in a public meeting of parents, students, and community members, a report on the school’s performance and the performance of the school’s students. The report shall be prepared on a form prescribed by the department and must include
   1. information on accreditation;
   2. results of norm-referenced achievement tests;
   3. results of state standards-based assessments in language arts and mathematics;
   4. a description, including quantitative and qualitative measures, of student, parent, community, and business involvement in student learning;
   5. a description of the school’s attendance, retention, dropout, and graduation rates as specified by the state board;
   6. the annual percent of enrollment change, regardless of reason, and the annual percent of enrollment change due to student transfers into and out of the school district;
   7. if Native language education is provided, a summary and evaluation of the curriculum described in AS 14.30.420 ;
   8. the performance designation assigned the school under AS 14.03.123 and the methodology used to assign the performance designation, including the measures used and their relative weights;
   9. other information concerning school performance and the performance of the school’s students as required by the state board in regulation; and
   10. information on the number, attendance, and performance of students enrolled in the school whose parents or guardians are on active duty in the armed forces of the United States, the United States Coast Guard, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force.
5. By a date set by the district, each public school in the district shall provide the report described in (d) of this section to the district’s governing body. Along with the report, each public school shall submit a summary of comments made on the report by parents, students, and community members. By July 1 of each year, each district shall provide to the department a report on the performance of each public school and the public school students in the district. The district’s report must
   1. be entitled “School District Report Card to the Public”; and
   2. include
      1. copies of the reports and summaries of comments submitted under this section by each public school in the district;
      2. a compilation of the material described in (A) of this paragraph by each public school in the district;
      3. the designation assigned the district under AS 14.03.123 and the methodology used to assign the performance designation, including the measures used and their relative weights; and
      4. other information concerning school performance and the performance of the school’s students as required by the state board in regulation.
6. By January 15 of each year, the department shall provide to the governor and make available to the public and the legislature a report on the performance of public schools in this state. The report must be entitled “Alaska’s Public Schools: A Report Card to the Public.” The report must include
   1. comprehensive information on each public school compiled, collected, and reported under (d) and (e) of this section for the prior school year;
   2. a summary of the information described in (1) of this subsection; the summary must be prepared in a manner that allows school performance to be measured against established state education standards; and
   3. the most recent performance designation under AS 14.03.123 received by each public school and by the state public school system.
7. In this section, “district” has the meaning given in AS 14.17.990 .

History. (§ 2 ch 173 SLA 1990; am § 1 ch 63 SLA 1992; am §§ 7, 8 ch 21 SLA 1995; am §§ 3 — 6 ch 83 SLA 1998; am § 3 ch 29 SLA 2000; am § 5 ch 94 SLA 2001; am § 1 ch 99 SLA 2002; am §§ 1 — 3 ch 173 SLA 2004; am § 6 ch 15 SLA 2014; am § 3 ch 54 SLA 2016; am § 7 ch 3 SLA 2017)

Administrative Code. —

For statewide goals, see 4 AAC 4.

For statewide student assessment, see 4 AAC 6, art. 4.

For school and district accountability, see 4 AAC 6, art. 5.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, in (d)(3), substituted “language arts” for “reading, writing”; in (d)(5), deleted “including the number and percentage of students who received a diploma under a waiver from the competency examination required under AS 14.03.075(a) ,” following “graduation rates”; deleted (d)(8), which related to the number and percentage of students who completed alternative assessments; added (d)(10), and made related changes.

The 2016 amendment, effective October 26, 2016, in (f)(3), inserted “and by the state public school system” following “public school”.

The 2017 amendment, effective July 1, 2017, in (f), in the introductory language, deleted “beginning in 2001,” following “By January 15 of each year”, and in (f)(3), deleted “for a report due by or after January 15, 2005,” at the beginning.

Sec. 14.03.123. School and district accountability.

1. By September 1 of each year, the department shall assign a performance designation to each public school and school district and to the state public school system in accordance with (f) of this section.
2. The department shall inform the governing body of each district of the performance designations assigned to the district and to the state public school system under (a) of this section.
3. The state board shall adopt regulations implementing this section, providing for a statewide student assessment system, and providing for the process of assigning a designation under (a) of this section, including
   1. the methodology used to assign the performance designation, including the measures used and their relative weights;
   2. a comparison of the state public school system to public schools in other states, including a comparison of student participation in standards-based assessments and student performance on the assessments;
   3. high performance and low performance designations that are based on the accountability system under this section;
   4. a procedure for appealing a designation that may be used by the principal of a public school or by the superintendent of a public school district;
   5. additional measures that may be progressively implemented by the commissioner to assist schools or districts to improve performance in accordance with this section; the additional measures may be unique to a certain school or district if that school or district receives federal funding that is not available to all schools or districts in the state.
4. A public school or district that receives a low performance designation under this section shall prepare and submit to the department a school or district improvement plan, as applicable, in accordance with regulations adopted by the board. The improvement plan must be prepared with the maximum feasible public participation of the community including, as appropriate, interested individuals, teachers, parents, parent organizations, students, tribal organizations, local government representatives, and other community groups. The improvement plan must, to the extent possible, include measures that increase local control of education and parental choice and that do not require a direct increase in state or federal funding for the school or district.
5. The department shall establish a program of special recognition for those public schools that receive a high performance designation, based on the accountability system under (f) of this section, that demonstrates
   1. an improvement over the school’s performance designation for the previous year; or
   2. maintenance of a proficient or high performance designation from the previous year.
6. In the accountability system for schools and districts required by this section, the department shall
   1. implement state criteria and priorities for accountability including the use of
      1. measures of student performance on standards-based assessments in language arts and mathematics; the assessments must be selected with the input of teachers and school administrators and minimize disruption to classroom instruction;
      2. measures of student improvement and academic achievement; and
      3. other measures identified that are indicators of student success and achievement; and
   2. to the extent practicable, minimize the administrative burden on districts.
7. In this section,
   1. “district” has the meaning given in AS 14.17.990 ;
   2. “state public school system” means the combination of all public schools, public school districts, and state-operated schools.

History. (§ 7 ch 83 SLA 1998; am §§ 2, 3 ch 99 SLA 2002; am § 4 ch 173 SLA 2004; am §§ 8 — 10 ch 12 SLA 2006; am § 7 ch 15 SLA 2014; am §§ 4 — 8 ch 54 SLA 2016)

Administrative Code. —

For statewide student assessment, see 4 AAC 6, art. 4.

For school and district accountability, see 4 AAC 6, art. 5.

Effect of amendments. —

The 2006 amendment, effective April 4, 2006, substituted “performance” for “achievement” two times in paragraph (2) of subsection (c), near the beginning of subsection (d), and near the end of subsection (e).

The 2014 amendment, effective July 1, 2014, rewrote (f)(2)(A), which read, “measures of student performance on standards-based assessments in reading, writing, and mathematics, and including competency tests required under AS 14.03.75”.

The 2016 amendment, effective October 26, 2016, in (b), substituted “designations” for “designation”, inserted “to the district and to the state public school system” following “assigned”; in (c), added (c)(2), in (c)(5), deleted “and with federal law; to the extent necessary to conform to federal law,” following “with this section”, and made related changes; in (d), added the third sentence; in the introductory language of (e), inserted “, based on the accountability system under (f) of this section, that demonstrates” at the end, added (e)(1) and (2); in (f), deleted former (f)(1) relating to 20 U.S.C. 6301 – 7941, in (f)(1)(A), inserted “the assessments must be selected with the input of teachers and school administrators and minimize disruption to classroom instruction” following “language arts and mathematics”, in (f)(1)(B), inserted “and academic achievement” following “improvement”, and made related changes.

Sec. 14.03.125. Fund for the improvement of school performance.

1. The fund for the improvement of school performance is created as an account in the general fund. The fund shall be used by the commissioner to make grants to a district located in the state for the purpose of improving school performance. The fund consists of money appropriated by the legislature. The commissioner shall annually determine the amount requested for grants under this section and shall include the amount in the department’s budget request.
2. A governing body, district advisory board, or nonprofit organization located in the state, or a teacher or principal employed by a public school in the state, may apply for a grant of up to $50,000 to improve school performance by submitting an application to the commissioner.
3. A grant may be awarded to the same grantee in consecutive fiscal years, but may not be awarded to the same grantee for more than two fiscal years within a five-year period.
4. Grant funds awarded under this section may only be expended to improve the performance of a public school.
5. In this section, “district” has the meaning given in  AS 14.17.990 .

History. (§ 2 ch 173 SLA 1990; am § 8 ch 83 SLA 1998)

Administrative Code. —

For grants for the improvement of school performance, see 4 AAC 33, art. 2.

Sec. 14.03.126. Public school performance incentive program. [Repealed, § 8 ch 41 SLA 2006.]

Sec. 14.03.127. Funding for Internet services.

1. Each fiscal year, a district in which one or more schools qualify for a discounted rate for Internet services under the federal universal services program is eligible to receive an amount for each school that is equal to the amount needed to bring the applicant’s share to 25 megabits of download a second of the Internet services.
2. If insufficient funding is appropriated to provide funding authorized under this section, the state share shall be distributed pro rata to eligible school districts.
3. In this section,
   1. “applicant’s share” means the difference between the cost of Internet services that are eligible for the discount under the federal universal services program and the discount received for those services under the federal universal services program;
   2. “federal universal services program” means the program established in 47 U.S.C. 254 and regulations implementing that section.

History. (§ 8 ch 15 SLA 2014; am § 1 ch 5 SLA 2020)

Effect of amendments. —

The 2020 amendment, effective June 23, 2020, in (a), substituted “25 megabits” for “10 megabits”.

Effective dates. —

Section 62, ch. 15, SLA 2014 makes this section effective July 1, 2014.

Sec. 14.03.130. Display of flags and pledge of allegiance.

1. United States and Alaska flags shall be displayed upon or near each principal school building during school hours and at other times the governing body considers proper. The governing body shall require that the pledge of allegiance be recited regularly, as determined by the governing body. A person may recite the following salute to the flag of the United States or maintain a respectful silence: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
2. A school district shall inform all affected persons at the school of their right not to participate in the pledge of allegiance. The exercise of the right not to participate in the pledge of allegiance may not be used to evaluate a student or employee or for any other purpose.

History. (§ 1 ch 98 SLA 1966; am §§ 1, 2 ch 7 SLA 2000)

Revisor’s notes. —

The material in subsection (b), enacted as AS 14.30.130 , was renumbered in 2000 as AS 14.03.130 to correct a manifest error.

Sec. 14.03.140. Emergency drills.

The principal or other persons in charge of each public or private school or educational institution shall instruct and train pupils by means of drills so that in an emergency they may be able to leave the school building in the shortest possible time without confusion or panic. Drills shall be held at least once each month during the school term, weather permitting.

History. (§ 1 ch 98 SLA 1966)

Sec. 14.03.150. Property insurance required.

1. Each school district shall purchase and maintain or provide proof of adequate property insurance for the replacement cost of all school facilities and equipment.  Insurance purchased to comply with this section may contain a deductible amount, if approved by the department.  A school district may comply with this section by initiating and maintaining a program of self-insurance, if the department annually determines that the school district has submitted adequate evidence of the district’s ability to self-insure for the replacement cost of all school facilities and equipment.  A copy of the insurance policy or other information indicating compliance with this section shall be provided to the department.
2. If the department determines that a school district is not insured as required under (a) of this section, the department shall notify the school district of the determination.  Unless the school district obtains adequate insurance within 30 days after the school district receives notice under this subsection, the department shall purchase the insurance required by (a) of this section for that school district.
3. The department may not award a school construction or major maintenance grant under AS 14.11 to a municipality that is a school district or a regional educational attendance area that is not in compliance with (a) of this section. The department shall reduce the amount of state aid under AS 14.17.400 for which a school district may qualify by the amount, if any, paid by the department under (b) of this section.

History. (§ 1 ch 5 SLA 1990; am § 1 ch 78 SLA 1993; am § 9 ch 83 SLA 1998)

Administrative Code. —

For loss protection, see 4 AAC 31, art. 2.

Sec. 14.03.160. Suspension or expulsion of students for possessing weapons.

1. Notwithstanding any other provision of law, a school district shall
   1. expel for at least one year a student who violates AS 11.61.210(a)(8) while possessing a firearm, as that term is defined under 18 U.S.C. 921;
   2. suspend for at least 30 days, or expel for the school year or permanently, a student who violates AS 11.61.210(a)(8) while possessing a deadly weapon, other than a firearm as that term is defined under 18 U.S.C. 921.
2. The administrative officer of a school district may on a case-by-case basis reduce or otherwise modify the expulsion or suspension of a student under (a) of this section.
3. A prior conviction, or adjudication of delinquency or child in need of aid, for violation of AS 11.61.210(a)(8) is not necessary for a school board to suspend or expel a student under this section.
4. Each school district shall adopt a policy providing for the
   1. referral to law enforcement authorities of students who violate AS 11.61.210(a)(8) ;
   2. identification of procedures and conditions for early reinstatement of students suspended or expelled under this section.
5. Annually on a date set by the department, each school district shall report to the department the number of students expelled under this section and the types of weapons involved.
6. In this section,
   1. “deadly weapon” has the meaning given in AS 11.81.900 ;
   2. “district” has the meaning given in AS 14.17.990 .

History. (§ 6 ch 33 SLA 1995; am § 10 ch 83 SLA 1998)

Cross references. —

For suspension for other reasons, see AS 14.30.045 .

Sec. 14.03.250. Application for charter school.

1. A local school board shall prescribe an application procedure for the establishment of a charter school in that school district. The application procedure must include provisions for an academic policy committee consisting of parents of students attending the school, teachers, and school employees and a proposed form for a contract between a charter school and the local school board, setting out the contract elements required under AS 14.03.255(c) .
2. A decision of a local school board approving or denying an application for a charter school must be in writing, must be issued within 60 days after the application, and must include all relevant findings of fact and conclusions of law.
3. If a local school board approves an application for a charter school, the local school board shall forward the application to the state Board of Education and Early Development for review and approval.
4. If a local school board denies an application for a charter school, the applicant may appeal the denial to the commissioner. The appeal to the commissioner shall be filed not later than 60 days after the local school board issues its written decision of denial. The commissioner shall review the local school board’s decision to determine whether the findings of fact are supported by substantial evidence and whether the decision is contrary to law. A decision of the commissioner upholding the denial by the local school board may be appealed within 30 days to the state Board of Education and Early Development.
5. If the commissioner approves a charter school application, the commissioner shall forward the application to the state Board of Education and Early Development for review and approval. The application shall be forwarded not later than 30 days after the commissioner issues a written decision. The state Board of Education and Early Development shall exercise independent judgment in evaluating the application.
6. A local school board that denied an application for a charter school approved by the state board on appeal shall operate the charter school as provided in AS 14.03.255 — 14.03.290 .

History. (§ 1 ch 77 SLA 1995; am § 1 ch 70 SLA 2001; am § 1 ch 91 SLA 2010; am § 9 ch 15 SLA 2014)

Revisor’s notes. —

Enacted as § 1, ch. 77, SLA 1995 and codified in 1995, at which time “AS 14.03.250 — 14.03.290 ” was substituted for “this Act” in subsection (a), and “AS 14.03.255(c) ” was substituted for “sec 2(c) of this Act” in subsection (c).

In 2000, “state Board of Education and Early Development” was substituted for “state Board of Education” in accordance with sec. 104, ch. 21, SLA 2000.

Cross references. —

For governor’s transmittal letter for ch. 15, SLA 2014, which repealed and reenacted this section, see 2014 House Journal 1434 — 1437.

Administrative Code. —

For special schools, see 4 AAC 33, art. 1.

Effect of amendments. —

The 2010 amendment, effective September 19, 2010, in (a), deleted the second sentence, which read, “The state board of education and early development may not approve more than 60 charter schools to operate in the state at any one time.”

The 2014 amendment, effective July 1, 2014, rewrote the section.

Editor’s notes. —

Under sec. 56, ch. 15, SLA 2014, this section, as reenacted by sec. 9, ch. 15, SLA 2014, applies to “charter school applications filed with a local school board on or after July 1, 2014.”

Sec. 14.03.253. Charter school application appeal.

1. In an appeal to the commissioner under AS 14.03.250 , the commissioner shall review the record before the local school board. The commissioner may request written supplementation of the record from the applicant or the local school board. The commissioner may
   1. remand the appeal to the local school board for further review;
   2. approve the charter school application and forward the application to the state Board of Education and Early Development with or without added conditions; or
   3. uphold the decision denying the charter school application; if the commissioner upholds a local school board’s decision to deny a charter school application and the applicant appeals to the State Board of Education and Early Development, the commissioner shall immediately forward the application and record to the state Board of Education and Early Development.
2. In an appeal to the state Board of Education and Early Development of a denial of a charter school application under (a)(3) of this section, the state board shall determine, based on the record, whether the commissioner’s findings are supported by substantial evidence and whether the decision is contrary to law. The state board shall issue a written decision within 90 days after an appeal.

History. (§ 10 ch 15 SLA 2014)

Cross references. —

For governor's transmittal letter for ch. 15, SLA 2014, see 2014 House Journal 1434 — 1437.

Effective dates. —

Section 62, ch. 15, SLA 2014 makes this section effective July 1, 2014.

Editor’s notes. —

Under sec. 56, ch. 15, SLA 2014, this section, enacted by sec. 10, ch. 15, SLA 2014, applies to “charter school applications filed with a local school board on or after July 1, 2014.”

Sec. 14.03.255. Organization and operation of a charter school.

1. A charter school operates as a school in the local school district except that the charter school (1) is exempt from the local school district’s textbook, program, curriculum, and scheduling requirements; (2) is exempt from AS 14.14.130(c) ; the principal of the charter school shall be selected by the academic policy committee and shall select, appoint, or otherwise supervise employees of the charter school; and (3) operates under the charter school’s annual program budget as set out in the contract between the local school board and the charter school under (c) of this section. A local school board may exempt a charter school from other local school district requirements if the exemption is set out in the contract. A charter school is subject to tests required by the department.
2. A charter school shall
   1. keep financial records of the charter school;
   2. oversee the operation of the charter school to ensure that the terms of the contract required by (c) of this section are being met;
   3. meet regularly with parents and with teachers of the charter school to review, evaluate, and improve operations of the charter school; and
   4. meet with the academic policy committee at least once each year to monitor progress in achieving the committee’s policies and goals.
3. A charter school shall operate under a contract between the charter school and the local school board. A contract must contain the following provisions:
   1. a description of the educational program;
   2. specific levels of achievement for the education program;
   3. admission policies and procedures;
   4. administrative policies;
   5. a statement of the charter school’s funding allocation from the local school board and costs assignable to the charter school program budget;
   6. the method by which the charter school will account for receipts and expenditures;
   7. the location and description of the facility;
   8. the name of the teacher, or teachers, who, by agreement between the charter school and the teacher, will teach in the charter school;
   9. the teacher-to-student ratio;
   10. the number of students served;
   11. the term of the contract, not to exceed a term of 10 years;
   12. a termination clause providing that the contract may be terminated by the local school board for the failure of the charter school to meet educational achievement goals or fiscal management standards, or for other good cause;
   13. a statement that the charter school will comply with all state and federal requirements for receipt and use of public money;
   14. other requirements or exemptions agreed upon by the charter school and the local school board.
4. A school district shall offer to a charter school the right of first refusal for a lease of space in an existing school district facility or in a facility within the school district that is not currently being used as a public school, if the chief school administrator determines the facility meets requirements for health and safety applicable to public buildings or other public schools in the district. If the school district requires lease payments by a charter school, the school district shall negotiate a lease agreement with the charter school for an amount that does not exceed the true operational costs calculated on a square foot basis for space leased under this subsection.

History. (§ 2 ch 77 SLA 1995; am §§ 2 — 4 ch 70 SLA 2001; am §§ 11, 12 ch 15 SLA 2014)

Revisor’s notes. —

Enacted as § 2, ch. 77, SLA 1995. Codified in 1995.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, in (a), rewrote the third sentence, which read, “A charter school is subject to secondary school competency testing as provided in AS 14.03.075 and other competency tests required by the department.”; in (d), in the first sentence, substituted “A school district shall offer to a charter school the right of first refusal for a lease of space” for “A charter school may be operated”, and added the last sentence.

Sec. 14.03.260. Funding for charter school.

1. A local school board shall provide an approved charter school with an annual program budget. The budget shall be not less than the amount generated by the students enrolled in the charter school less administrative costs retained by the local school district, determined by applying the indirect cost rate approved by the department up to four percent. Costs directly related to charter school facilities, including rent, utilities, and maintenance, may not be included in an annual program budget for the purposes of calculating the four percent cap on administrative costs under this subsection. A local school board shall provide a charter school with a report itemizing the administrative costs retained by the local school board under this section. The “amount generated by students enrolled in the charter school” is to be determined in the same manner as it would be for a student enrolled in another public school in that school district and includes funds generated by grants, appropriations, federal impact aid, the required local contribution, the local contribution under AS 14.17.410(c) , special needs under AS 14.17.420(a)(1) , and secondary school vocational and technical instruction under AS 14.17.420(a)(3) . A school district shall direct state aid under AS 14.11 for the construction or major maintenance of a charter school facility to the charter school that generated the state aid, subject to the same terms and conditions that apply to state aid under AS 14.11 for construction or major maintenance of a school facility that is not a charter school.
2. The program budget of a charter school is to be used for operating expenses of the educational program of the charter school, including purchasing textbooks, classroom materials, and instructional aids.
3. The charter school shall provide the financial and accounting information requested by the local school board or the Department of Education and Early Development and shall cooperate with the local school district or the department in complying with the requirements of AS 14.17.910 .
4. The expenses of housing nonresident students who attend the charter school, including room, board, and other reasonable housing expenses, may not be paid for with state money but may be paid for with funds contributed by sources other than the state.

History. (§ 3 ch 77 SLA 1995; am § 1 ch 113 SLA 1997; am § 11 ch 83 SLA 1998; am § 13 ch 15 SLA 2014)

Revisor’s notes. —

Enacted as § 3, ch. 77, SLA 1995. Codified in 1995.

In 1999, “Department of Education” was changed to “Department of Education and Early Development” in (a) and (c) of this section in accordance with § 89, ch. 58, SLA 1999.

Cross references. —

For provisions relating to funding of charter schools having small student population counts, with average student memberships of not more than 150 students, see AS 14.17.450(c) , (d), and (f).

For governor’s transmittal letter for ch. 15, SLA 2014, which amended (a) of this section, see 2014 House Journal 1434 — 1437.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, in (a), substituted “department up to four percent” for “Department of Education and Early Development” at the end of the first sentence, added the third and fourth sentences, in the fifth sentence, added the language beginning “and includes funds generated by grants, appropriations, federal impact aid” to the end of the sentence, and added the sixth sentence.

Sec. 14.03.263. Charter school grant program. [Repealed, § 1 ch 100 SLA 2003.]

Sec. 14.03.264. Charter school grant program.

1. A charter school that is established on or after July 1, 2014 may receive a one-time grant from the department equal to the amount of $500 for each student enrolled in the school on October 1 of the first year in which the school applies for the grant. The charter school shall use a grant received under this section to provide educational services. In this subsection, “educational services” includes curriculum development, program development, and special education services.
2. The department shall establish by regulation procedures for the application for and expenditure of grant funds under (a) of this section.
3. If the amount appropriated in a fiscal year for the charter school grant program is insufficient to meet the amounts authorized under (a) of this section, the department shall reduce pro rata the per pupil grant amount by the necessary percentage as determined by the department. If a charter school grant is reduced under this subsection, the charter school may apply to the department in a subsequent fiscal year for the balance of the grant amount.

History. (§ 14 ch 15 SLA 2014)

Effective dates. —

Section 62, ch. 15, SLA 2014 makes this section effective July 1, 2014.

Sec. 14.03.265. Admission.

1. The program of a charter school may be designed to serve
   1. students within an age group or grade level;
   2. students who will benefit from a particular teaching method or curriculum; or
   3. nonresident students, including providing domiciliary services for students who need those services, if approved by the board.
2. A charter school shall enroll all eligible students who submit a timely application, unless the number of those applications exceeds the capacity of the program, class, grade level, or building. In the event of an excess of those applications, the charter school and the local school board shall attempt to accommodate all of those applicants by considering providing additional classroom space and assigning additional teachers from the district to the charter school. If it is not possible to accommodate all eligible students who submit a timely application, students shall be accepted by random drawing. A school board may not require a student to attend a charter school.
3. In addition to other requirements of law, a charter school shall be nonsectarian.

History. (§ 4 ch 77 SLA 1995; am § 2 ch 113 SLA 1997)

Revisor’s notes. —

Enacted as § 4, ch. 77, SLA 1995. Codified in 1995.

Editor’s notes. —

Under § 9, ch. 77, SLA 1995, this section would have been repealed July 1, 2005; however, § 9, ch. 77, SLA 1995, was itself repealed by § 8, ch. 70, SLA 2001, effective July 1, 2001, which had the effect of continuing AS 14.03.265 in effect.

Sec. 14.03.270. Teacher or employee transfers, evaluations, and negotiated agreements.

1. A teacher or employee may not be assigned to a charter school unless the teacher or employee consents to the assignment.
2. All provisions of an existing negotiated agreement or collective bargaining agreement applicable to a teacher or employee of a district apply to that teacher or employee if employed at a charter school in that district, unless the district and the bargaining unit representing the teacher or employee agree to an exemption.
3. A teacher in a charter school shall be evaluated in an equivalent manner as all other teachers in the district, except that if there is no administrator assigned to the charter school, the local school board, with the agreement of the charter school, shall designate a school district administrator in that district to evaluate a teacher in a charter school.

History. (§ 5 ch 77 SLA 1995)

Revisor’s notes. —

Enacted as § 5, ch. 77, SLA 1995. Codified in 1995.

Sec. 14.03.275. Contracts; duration.

A contract for a charter school may be for a term of no more than 10 years.

History. (§ 6 ch 77 SLA 1995; am § 6 ch 70 SLA 2001)

Revisor’s notes. —

Enacted as § 6, ch. 77, SLA 1995. Codified in 1995.

Sec. 14.03.280. Regulations.

The state Board of Education and Early Development may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to implement AS 14.03.250 — 14.03.290 .

History. (§ 7 ch 77 SLA 1995)

Revisor’s notes. —

Enacted as § 7, ch. 77, SLA 1995. Codified in 1995, at which time “AS 14.03.250 — 14.03.290 ” was substituted for “this Act.”

In 2000, “state Board of Education and Early Development” was substituted for “state Board of Education” in accordance with sec. 104, ch. 21, SLA 2000.

Administrative Code. —

For special schools, see 4 AAC 33, art. 1.

Sec. 14.03.290. Definitions.

In AS 14.03.250 — 14.03.290 ,

1. “academic policy committee” means the group designated to supervise the academic operation of a charter school and to ensure the fulfillment of the mission of a charter school;
2. “charter school” means a school established under AS 14.03.250 — 14.03.290 that operates within a public school district;
3. “local school board” means a borough or city school board or a school board of a regional educational attendance area;
4. “parent” means a biological, adoptive, or foster parent, or an adult who acts as guardian of a child and makes decisions related to the child’s safety, education, and welfare;
5. “teacher” means a person who serves a school district in a teaching, counseling, or administrative capacity and is required to be certificated in order to hold the position.

History. (§ 8 ch 77 SLA 1995; am § 102 ch 21 SLA 2000)

Revisor’s notes. —

Enacted as § 8, ch. 77, SLA 1995. Codified in 1995, at which time “AS 14.03.250 — 14.03.290 ” was substituted for “this Act” in the introductory language and paragraph (2) to reflect the codification, and “school board of a regional educational attendance area” was substituted for “regional school board” in paragraph (3) to correct a manifest error in ch. 77, SLA 1995.

Paragraph (5) was formerly (6); renumbered in 2008 to reflect the repeal of former paragraph (5).

Administrative Code. —

For correspondence study programs, see 4 AAC 33, art. 4.

Sec. 14.03.300. Correspondence study programs; individual learning plans.

1. A district or the department that provides a correspondence study program shall annually provide an individual learning plan for each student enrolled in the program developed in collaboration with the student, the parent or guardian of the student, a certificated teacher assigned to the student, and other individuals involved in the student’s learning plan. An individual learning plan must
   1. be developed with the assistance and approval of the certificated teacher assigned to the student by the district;
   2. provide for a course of study for the appropriate grade level consistent with state and district standards;
   3. provide for an ongoing assessment plan that includes statewide assessments required for public schools under AS 14.03.123(f) ;
   4. include a provision for modification of the individual learning plan if the student is below proficient on a standardized assessment in a core subject;
   5. provide for a signed agreement between the certificated teacher assigned to the student and at least one parent or the guardian of each student that verifies compliance with an individual learning plan;
   6. provide for monitoring of each student’s work and progress by the certificated teacher assigned to the student.
2. Notwithstanding another provision of law, the department may not impose additional requirements, other than the requirements specified under (a) of this section and under AS 14.03.310 , on a student who is proficient or advanced on statewide assessments required under AS 14.03.123(f) .

History. (§ 15 ch 15 SLA 2014)

Sec. 14.03.310. Student allotments.

1. Except as provided in (e) of this section, the department or a district that provides a correspondence study program may provide an annual student allotment to a parent or guardian of a student enrolled in the correspondence study program for the purpose of meeting instructional expenses for the student enrolled in the program as provided in this section.
2. A parent or guardian may purchase nonsectarian services and materials from a public, private, or religious organization with a student allotment provided under (a) of this section if
   1. the services and materials are required for the course of study in the individual learning plan developed for the student under AS 14.03.300 ;
   2. textbooks, services, and other curriculum materials and the course of study
      1. are approved by the school district;
      2. are appropriate for the student;
      3. are aligned to state standards; and
      4. comply with AS 14.03.090 and AS 14.18.060 ; and
   3. the services and materials otherwise support a public purpose.
3. Except as provided in (d) of this section, an annual student allotment provided under this section is reserved and excluded from the unreserved portion of a district’s year-end fund balance in the school operating fund under AS 14.17.505 .
4. The department or a district that provides for an annual student allotment under (a) of this section shall
   1. account for the balance of an unexpended annual student allotment during the period in which a student continues to be enrolled in the correspondence program for which the annual allotment was provided;
   2. return the unexpended balance of a student allotment to the budget of the department or district for a student who is no longer enrolled in the correspondence program for which the allotment was provided;
   3. maintain a record of expenditures and allotments; and
   4. implement a routine monitoring of audits and expenditures.
5. A student allotment provided under (a) of this section may not be used to pay for services provided to a student by a family member. In this subsection, “family member” means the student’s spouse, guardian, parent, stepparent, sibling, stepsibling, grandparent, stepgrandparent, child, uncle, or aunt.

History. (§ 15 ch 15 SLA 2014)

Revisor’s notes. —

Enacted as AS 14.03.320. Renumbered in 2014.

Sec. 14.07.010. Department of Education and Early Development.

The Department of Education and Early Development includes the commissioner of education and early development, the state Board of Education and Early Development, and the staff necessary to carry out the functions of the department.

History. (§ 1 ch 98 SLA 1966)

Revisor’s notes. —

In 1999, “Department of Education” was changed to “Department of Education and Early Development” and “commissioner of education” was changed to “commissioner of education and early development” in this section in accordance with § 89, ch. 58, SLA 1999.

In 2000, “state Board of Education and Early Development” was substituted for “state Board of Education” in accordance with sec. 104, ch. 21, SLA 2000.

Sec. 14.07.020. Duties of the department.

1. The department shall
   1. exercise general supervision over the public schools of the state except the University of Alaska;
   2. study the conditions and needs of the public schools of the state, adopt or recommend plans, administer and evaluate grants to improve school performance awarded under AS 14.03.125 , and adopt regulations for the improvement of the public schools; the department may consult with the University of Alaska to develop secondary education requirements to improve student achievement in college preparatory courses;
   3. provide advisory and consultative services to all public school governing bodies and personnel;
   4. prescribe by regulation a minimum course of study for the public schools; the regulations must provide that, if a course in American Sign Language is given, the course shall be given credit as a course in a foreign language;
   5. establish, in coordination with the Department of Health and Social Services, a program for the continuing education of children who are held in juvenile detention facilities or juvenile treatment facilities, as those terms are defined in AS 47.12.990 , in the state during the period of detention or treatment;
   6. accredit those public schools that meet accreditation standards prescribed by regulation by the department; these regulations shall be adopted by the department and presented to the legislature during the first 10 days of any regular session, and become effective 45 days after presentation or at the end of the session, whichever is earlier, unless disapproved by a resolution concurred in by a majority of the members of each house;
   7. prescribe by regulation, after consultation with the state fire marshal and the state sanitarian, standards that will ensure healthful and safe conditions in the public and private schools of the state, including a requirement of physical examinations and immunizations in pre-elementary schools; the standards for private schools may not be more stringent than those for public schools;
   8. exercise general supervision over pre-elementary schools that receive direct state or federal funding;
   9. exercise general supervision over elementary and secondary correspondence study programs offered by municipal school districts or regional educational attendance areas; the department may also offer and make available to any Alaskan through a centralized office a correspondence study program;
   10. accredit private schools that request accreditation and that meet accreditation standards prescribed by regulation by the department; nothing in this paragraph authorizes the department to require religious or other private schools to be licensed;
   11. review plans for construction of new public elementary and secondary schools and for additions to and major rehabilitation of existing public elementary and secondary schools and, in accordance with regulations adopted by the department, determine and approve the extent of eligibility for state aid of a school construction or major maintenance project; for the purposes of this paragraph, “plans” include educational specifications, schematic designs, projected energy consumption and costs, and final contract documents;
   12. provide educational opportunities in the areas of vocational education and training, and basic education to individuals over 16 years of age who are no longer attending school; the department may consult with businesses and labor unions to develop a program to prepare students for apprenticeships or internships that will lead to employment opportunities;
   13. administer the grants awarded under AS 14.11;
   14. establish, in coordination with the Department of Public Safety, a school bus driver training course;
   15. require the reporting of information relating to school disciplinary and safety programs under AS 14.33.120 and of incidents of disruptive or violent behavior;
   16. establish by regulation criteria, based on low student performance, under which the department may intervene in a school district to improve instructional practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include
       1. a notice provision that alerts the district to the deficiencies and the instructional practice changes proposed by the department;
       2. an end date for departmental intervention, as described in AS 14.07.030(a)(14) (A) and (B) and (15), after the district demonstrates three consecutive years of improvement consisting of not less than two percent increases in student proficiency on standards-based assessments in language arts and mathematics, as provided in AS 14.03.123(f)(1)(A) ; and
       3. a process for districts to petition the department for continuing or discontinuing the department’s intervention;
   17. notify the legislative committees having jurisdiction over education before intervening in a school district under AS 14.07.030(a)(14) or redirecting public school funding under AS 14.07.030(a)(15) .
2. In implementing its duties under (a)(2) of this section, the department may not expend any money to implement the set of educational curriculum standards for grades kindergarten through 12 established by the Common Core Standards Initiative and shall develop
   1. performance standards in language arts and mathematics to be met at designated age levels by each student in public schools in the state; and
   2. a comprehensive system of student assessments, composed of multiple indicators of proficiency in language arts and mathematics; this comprehensive system must
      1. be made available to all districts and regional educational attendance areas;
      2. include a developmental profile for students entering kindergarten or first grade; and
      3. include performance standards in language arts and mathematics for students in age groups five through seven, eight through 10, and 11 — 14.
3. In this section, “pre-elementary school” means a school for children ages three through five years if the school’s primary function is educational.

History. (§ 1 ch 98 SLA 1966; am § 2 ch 69 SLA 1971; am § 6 ch 104 SLA 1971; am § 1 ch 190 SLA 1975; am § 6 ch 50 SLA 1977; am §§ 1 — 3 ch 126 SLA 1978; am § 10 ch 147 SLA 1978; am § 1 ch 86 SLA 1979; am § 24 ch 59 SLA 1982; am §§ 1, 2 ch 92 SLA 1982; am § 2 ch 11 SLA 1984; am § 1 ch 32 SLA 1984; am § 1 ch 19 SLA 1986; am E.O. No. 62, § 2 (1986); am § 1 ch 70 SLA 1988; am § 2 ch 5 SLA 1990; am § 3 ch 173 SLA 1990; am § 2 ch 100 SLA 1992; am § 2 ch 78 SLA 1993; am § 12 ch 42 SLA 1997; am § 12 ch 83 SLA 1998; am § 1 ch 114 SLA 2000; am § 2 ch 114 SLA 2003; am § 3 ch 54 SLA 2005; am § 1 ch 70 SLA 2008; am §§ 3, 5 ch 11 SLA 2010; am § 2 ch 93 SLA 2010; am § 9 ch 8 SLA 2011; am §§ 16, 17 ch 15 SLA 2014; am § 9 ch 54 SLA 2016; am § 9 ch 16 SLA 2021)

Revisor’s notes. —

Subsection (b) was enacted as (c). Relettered in 1998, at which time former (b) was relettered as (c).

Paragraph (a)(15) was enacted as paragraph (a)(16) and renumbered in 2000.

In 2018, in subsection (a), references to AS 14.07.030 were corrected to reflect the relettering in that section.

Administrative Code. —

For statewide goals, see 4 AAC 4.

For local education, see 4 AAC 5.

For safe schools, see 4 AAC 6, art. 2.

For statewide student assessment, see 4 AAC 6, art. 4.

For school and district accountability, see 4 AAC 6, art. 5.

For student rights and responsibilities, see 4 AAC 7.

For state aid, see 4 AAC 9, art. 1.

For certification of professional teachers, see 4 AAC 12.

For evaluation of professional employees, see 4 AAC 19.

For transportation of pupils, see 4 AAC 27.

For exchange teachers and student teachers, see 4 AAC 30.

For planning and construction, see 4 AAC 31, art. 1.

For special schools, see 4 AAC 33, art. 1.

For grants for the improvement of school performance, see 4 AAC 33, art. 2.

For quality school funding grants, see 4 AAC 33, art. 3.

For correspondence study programs, see 4 AAC 33, art. 4.

For public school performance incentive program, see 4 AAC 33, art. 5.

For private schools, see 4 AAC 42.

For secondary vocational educational programs, see 4 AAC 51, art. 3.

For pre-elementary (early childhood) school, see 4 AAC 60.

Effect of amendments. —

The second 2010 amendment, effective September 19, 2010, in (a)(11), added “projected energy consumption and costs,” following “schematic designs,”.

The 2014 amendment, effective July 1, 2014, in (a)(16)(B), substituted “standards-based assessments in language arts and mathematics” for “standards-based assessments in mathematics, reading, and writing” following “student proficiency on”; in (b), rewrote the introductory language, which read, “In implementing its duties under (a)(2) of this section the department shall develop”, in (b)(1) and (b)(2), substituted “language arts” for “reading, writing” in three places.

The 2016 amendment, effective October 26, 2016, in (a)(2), added “the department may consult with the University of Alaska to develop secondary education requirements to improve student achievement in college preparatory courses” at the end of the paragraph; in (a)(7), substituted “ensure” for “assure”; in (a)(12), added “the department may consult with businesses and labor unions to develop a program to prepare students for apprenticeships or internships that will lead to employment opportunities;” at the end of the paragraph; in (a)(16)(B), substituted “AS 14.03.123(f)(1)(A) ” for “AS 14.03.123(f)(2)(A)”; and made a stylistic change.

The 2021 amendment, effective July 9, 2021, in (a)(5), substituted “held in juvenile detention facilities or juvenile treatment facilities, as those terms are defined in AS 47.12.990 , in the state during the period of detention or treatment” for “held in detention facilities in the state during the period of detention” near the end.

Editor’s notes. —

Section 57(b), ch. 16, SLA 2021, provides that the 2021 amendment of (a) of this section applies to minors subject to AS 47.12.030(a) , as amended by sec. 22, ch. 16, SLA 2021, and AS 47.12.100 “who are held in a facility operated by the Department of Corrections or a facility operated by the Department of Health and Social Services on or after July 9, 2021.”

Legislative history reports. —

For governor’s transmittal letter for ch. 16, SLA 2021 (HB 105), which amended (a) of this section, see 2021 House Journal 181 — 182.

Opinions of attorney general. —

The State Board of Education has statutory authority to adopt regulations concerning corporal punishment of students in private schools to the extent necessary to protect the physical health and safety of the children. April 1, 1988 Op. Att’y Gen.

Sec. 14.07.030. Powers of the department.

1. The department may
   1. establish, maintain, govern, operate, discontinue, and combine area, regional, and special schools;
   2. enter into contractual agreements with the Bureau of Indian Affairs or with a school district to share boarding costs of secondary school students;
   3. provide for citizenship night schools when and where expedient;
   4. provide for the sale or other disposition of abandoned or obsolete buildings and other state-owned school property;
   5. prescribe a classification for items of expense of school districts;
   6. acquire and transfer personal property, acquire real property, and transfer real property to federal agencies, state agencies, or to political subdivisions;
   7. enter into contractual agreements with school districts to provide more efficient or economical education services; reasonable fees may be charged by the department to cover the costs of providing services under an agreement, including costs for professional services, reproduction or printing, and mailing and distribution of educational materials;
   8. provide for the issuance of elementary and secondary diplomas to persons not in school who have completed the equivalent of an 8th or 12th grade education, respectively, in accordance with standards established by the department;
   9. apply for, accept, and spend endowments, grants, and other private money available to the state for educational purposes in accordance with  AS 37.07 (Executive Budget Act);
   10. set student tuition and fees for educational and extracurricular programs and services provided and schools operated by the department under the provisions of (1) of this section and  AS 14.07.020(a)(9) , (11), and (12);
   11. charge fees to cover the costs of care and handling with respect to the acquisition, warehousing, distribution, or transfer of donated foods;
   12. establish and collect fees for the rental of school facilities and for other programs and services provided by the schools;
   13. develop a model curriculum and provide technical assistance for early childhood education programs;
   14. notwithstanding any other provision of this title, intervene in a school district to improve instructional practices under standards established by the department in regulation, including directing the
       1. employees identified by the department to exercise supervisory authority for instructional practices in the district or in a specified school;
       2. use of appropriations under this title for distribution to a district;
   15. notwithstanding any other provision of this title, redirect public school funding under  AS 14.17 appropriated for distribution to a school district, after providing notice to the district and an opportunity for the district to respond, when
       1. necessary to contract for services to improve instructional practices in the district; or
       2. the district has failed to take an action required by the department to improve instructional practices in the district; if funding is redirected under this subparagraph, the department shall provide the redirected funding to the district when the department has determined that the required action is satisfactorily completed.
2. The department may not require a school district to review textbooks, instructional materials, or curricula more frequently than once every 10 years.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 66 SLA 1968; am §§ 2, 3, 34 ch 46 SLA 1970; am § 1 ch 161 SLA 1975; am § 15 ch 138 SLA 1986; am § 61 ch 50 SLA 1989; am § 15 ch 36 SLA 1990; am § 4 ch 173 SLA 1990; am § 2 ch 70 SLA 2008; am § 1 ch 73 SLA 2018)

Revisor’s notes. —

In 1992, former paragraphs (10)-(14) were renumbered as (9)-(13) to reflect the 1989 repeal of former paragraph (9).

Cross references. —

For pilot project terminating June 30, 2017 authorizing the department to make grants to nonprofit organizations to expand middle school science, technology, mathematics, and engineering education, see sec. 50, ch. 15, SLA 2014.

Administrative Code. —

For statewide student assessment, see 4 AAC 6, art. 4.

For state aid, see 4 AAC 9, art. 1.

For transportation of pupils, see 4 AAC 27.

For planning and construction, see 4 AAC 31, art. 1.

For special schools, see 4 AAC 33, art. 1.

For correspondence study programs, see 4 AAC 33, art. 4.

Effect of amendments. —

The 2018 amendment, effective October 28, 2018, added (b).

Opinions of attorney general. —

It is beyond the department’s scope of authority to contract with private schools to provide educational services. March 18, 1993 Op. Att’y Gen.

Sec. 14.07.032. Definition for AS 14.07.020 — 14.07.032.

In AS 14.07.020 — 14.07.032 , “instructional practices” means the strategies and methods used in teaching or delivering information, skills, material, and student learning management tools to a student to help the student achieve intended educational outcomes.

History. (§ 3 ch 70 SLA 2008)

Effective dates. —

Section 4, ch. 70, SLA 2008, makes this section effective June 5, 2008.

Sec. 14.07.035. Accounting and disposition of receipts. [Repealed, § 28 ch 90 SLA 1991.]

Sec. 14.07.040. Supplies and equipment for state-operated schools. [Repealed, § 34 ch 46 SLA 1970.]

Sec. 14.07.050. Selection of textbooks.

Textbooks for use in the public schools of the state, including a district offered statewide correspondence study program, shall be selected by district boards for district schools. Nothing in this section precludes a correspondence study student, or the parent or guardian of a correspondence study student, from privately obtaining or using textbooks or curriculum material not provided by the school district.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 96 SLA 1970; am § 2 ch 205 SLA 1970; am § 25 ch 59 SLA 1982; am § 1 ch 130 SLA 2002)

Administrative Code. —

For statewide goals, see 4 AAC 4.

For correspondence study programs, see 4 AAC 33, art. 4.

Opinions of attorney general. —

A book may not be approved for use in publicly provided education if it advocates a partisan, sectarian, or denominational doctrine. To allow otherwise would permit a school board to advocate partisan, sectarian, and denominational doctrines in a public classroom through textbooks. September 20, 2005 Op. Att’y Gen.

Sec. 14.07.052. State Textbook Commission. [Repealed, § 2 ch 96 SLA 1970.]

Secs. 14.07.053 — 14.07.054. [Renumbered as AS 14.07.058 — 14.07.059.]

Sec. 14.07.055. Expenses and per diem. [Repealed, § 19 ch 53 SLA 1973.]

Sec. 14.07.057. Transmittal of textbook selections.

A school board that selects its own books shall forward a list of the selections to the department.

History. (§ 1 ch 98 SLA 1966)

Secs. 14.07.058, 14.07.059. Alaska School Activities Association; activities fund. [Repealed, § 13, ch 43 SLA 1994.]

Sec. 14.07.060. Regulations.

The board shall adopt regulations that are necessary to carry out the provisions of this title. All regulations shall be adopted under AS 44.62 (Administrative Procedure Act).

History. (§ 1 ch 98 SLA 1966; am § 8 ch 96 SLA 1967)

Administrative Code. —

For state board of education, see 4 AAC 3.

For statewide goals, see 4 AAC 4.

For local education, see 4 AAC 5.

For safe schools, see 4 AAC 6, art. 2.

For statewide student assessment, see 4 AAC 6, art. 4.

For school and district accountability, see 4 AAC 6, art. 5.

For student rights and responsibilities, see 4 AAC 7.

For state aid, see 4 AAC 9, art. 1.

For school operating fund, see 4 AAC 9, art. 2.

For certification of professional teachers, see 4 AAC 12.

For allowances for professional personnel, see 4 AAC 15.

For employment of professional personnel, see 4 AAC 18.

For evaluation of professional employees, see 4 AAC 19.

For transportation of pupils, see 4 AAC 27.

For exchange teachers and student teachers, see 4 AAC 30.

For planning and construction, see 4 AAC 31, art. 1.

For loss protection, see 4 AAC 31, art. 2.

For special schools, see 4 AAC 33, art. 1.

For grants for the improvement of school performance, see 4 AAC 33, art. 2.

For quality school funding grants, see 4 AAC 33, art. 3.

For correspondence study programs, see 4 AAC 33, art. 4.

For public school performance incentive program, see 4 AAC 33, art. 5.

For bilingual-bicultural education, see 4 AAC 34.

For review and appeals of actions and decisions regarding funding, see 4 AAC 40.

For private schools, see 4 AAC 42.

For secondary vocational educational programs, see 4 AAC 51, art. 3.

For program establishment, see 4 AAC 52, art. 1.

For program administration: children with disabilities, see 4 AAC 52, art. 2.

For program administration: gifted children, see 4 AAC 52, art. 3.

For planning and reports, see 4 AAC 57, art. 1.

For library assistance grants, see 4 AAC 57, art. 2.

For fees, see 4 AAC 58, art. 1.

For museum assistance grants, see 4 AAC 58, art. 2.

For pre-elementary (early childhood) school, see 4 AAC 60.

For regional resource centers, see 4 AAC 66.

Sec. 14.07.070. Withholding state funds.

State funds may not be paid to a school district or teacher that fails to comply with the school laws of the state or with the regulations adopted by the department.

History. (§ 1 ch 98 SLA 1966)

Administrative Code. —

For statewide student assessment, see 4 AAC 6, art. 4.

For state aid, see 4 AAC 9, art. 1.

For transportation of pupils, see 4 AAC 27.

For planning and construction, see 4 AAC 31, art. 1.

For correspondence study programs, see 4 AAC 33, art. 4.

Sec. 14.07.075. Creation.

There is created at the head of the Department of Education and Early Development a Board of Education and Early Development consisting of seven members.

History. (§ 1 ch 96 SLA 1967; am § 25 ch 21 SLA 2000)

Revisor’s notes. —

In 1999, “Department of Education” was changed to “Department of Education and Early Development” in this section in accordance with § 89, ch. 58, SLA 1999.

Sec. 14.07.080. Creation and term of office. [Repealed, § 14 ch 96 1967.]

Sec. 14.07.085. Appointment of members.

1. The seven members of the board, no more than four of whom shall be members of the same political party as the governor, shall be appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session.  In appointing board members, the governor shall consider recommendations made by recognized educational associations in the state.
2. One member shall be appointed from each of the four judicial districts and three from the state at large with at least one member representing regional educational attendance areas.
3. The members are entitled to the expenses, travel, and per diem allowances provided by law.
4. A member may act and receive compensation from the date of appointment until confirmation or rejection by the legislature.

History. (§ 1 ch 96 SLA 1967)

Revisor’s notes. —

The reference in AS 14.07.085(b) to “state operated rural schools” was changed to “regional educational attendance areas” in 1978 to conform to ch. 124, SLA 1975.

Cross references. —

For further qualifications of members of Board of Education, see AS 39.05.065 .

Sec. 14.07.090. Appointment of members. [Repealed, § 14 ch 96 SLA 1967.]

Sec. 14.07.095. Term of office.

The members of the board shall be appointed for overlapping five-year terms commencing on the March 1 following the date of the member’s appointment. Except as provided in AS 39.05.080 (4), a member appointed to fill a vacancy serves for the unexpired term of the member whose vacancy is filled. A vacancy occurring during a term of office is filled in the same manner as the original appointment.

History. (§ 1 ch 96 SLA 1967; am § 4 ch 80 SLA 1996)

Sec. 14.07.100. Executive officer. [Repealed, § 14 ch 96 SLA 1967.]

Sec. 14.07.105. Quorum and chair.

1. Four members constitute a quorum.
2. The board shall designate one member of the board as the chairperson who serves as chair of the board at the pleasure of the board.

History. (§ 1 ch 96 SLA 1967)

Sec. 14.07.110. Appointment of commissioner. [Repealed, § 14 ch 96 SLA 1967.]

Sec. 14.07.115. Removal.

Members of the board serve at the pleasure of the governor.

History. (§ 1 ch 96 SLA 1967)

Sec. 14.07.120. Term of office and vacancy. [Repealed, § 14 ch 96 SLA 1967.]

Sec. 14.07.125. Meetings.

The board shall meet at least quarterly. Meetings may be called by the chair or by a majority of the members of the board. Meetings shall be held in Juneau unless a majority of the members of the board changes the place of a meeting.

History. (§ 1 ch 96 SLA 1967)

Sec. 14.07.130. Removal of commissioner. [Repealed, § 14 ch 96 SLA 1967.]

Sec. 14.07.135. Legal assistance.

The Department of Law shall provide all legal services for the board.

History. (§ 1 ch 96 SLA 1967)

Sec. 14.07.140. Commissioner administers department. [Repealed, § 14 ch 96 SLA 1967.]

Sec. 14.07.145. Commissioner of education and early development.

1. The board shall appoint the commissioner of education and early development subject to the approval of the governor. The commissioner shall be the principal executive officer of the department.
2. The commissioner shall be appointed without regard to political affiliation and shall have at least a master’s degree with five years’ experience in the field of education since receiving it, with at least three of the five years in an exclusively administrative position.
3. The commissioner serves at the pleasure of the board and may not be appointed by the board for a fixed term.
4. The commissioner shall receive the salary set out in AS 39.20.080 .
5. The commissioner shall employ and remove all classified personnel in the department subject to AS 39.25 (State Personnel Act).  The commissioner may employ and remove personnel in the exempt or partially exempt service subject to the approval of the board. Personnel in the exempt or partially exempt service have a right of appeal to the board if they are removed.
6. [Repealed, § 5 ch 14 SLA 1996.]

History. (§ 1 ch 96 SLA 1967; am §§ 1, 5 ch 14 SLA 1996)

Revisor’s notes. —

In 1987, subsections (d)-(f) were relettered as (f), (d) and (e), respectively, to conform to the organization of the Alaska Statutes.

In 1999, “commissioner of education” was changed to “commissioner of education and early development” in this section in accordance with § 89, ch. 58, SLA 1999.

Sec. 14.07.150. Budget and fiscal authority.

The commissioner has responsibility and authority for the preparation and execution of a budget and for the other fiscal affairs of the department, subject to the approval of the board.

History. (§ 1 ch 98 SLA 1966; am § 2 ch 96 SLA 1967)

Sec. 14.07.155. Partisan candidacy prohibited.

A member of the board may not be a candidate for partisan political office while serving as a member of the board.

History. (§ 3 ch 96 SLA 1967)

Sec. 14.07.160. Bylaws.

1. The board may adopt bylaws for the management of the department.
2. The bylaws shall be written and distributed in a manner so as to be readily available to personnel of the department.
3. This section may not be construed to allow the use of a bylaw rather than a regulation where the subject is of statewide importance or interest.

History. (§ 1 ch 98 SLA 1966; am § 4 ch 96 SLA 1967; am § 7 ch 46 SLA 1970; am § 3 ch 205 SLA 1970)

Sec. 14.07.165. Duties.

1. The board shall adopt
   1. statewide goals and require each governing body to adopt written goals that are consistent with local needs;
   2. regulations regarding the application for and award of grants under AS 14.03.125 ;
   3. regulations implementing provisions of AS 14.11.014(b) ;
   4. regulations requiring approval by the board before a charter school, state boarding school, or a public school may provide domiciliary services;
   5. [Repealed, § 25 ch 2 SSSLA 2015.]
2. [Repealed, § 25 ch 2 SSSLA 2015.]
3. Every five years, the board shall review the mathematics and English and language arts curricula used in the state to ensure the curricula are still effective and are being taught using best practices.

History. (§ 5 ch 173 SLA 1990; am § 3 ch 78 SLA 1993; am § 3 ch 113 SLA 1997; am § 6 ch 94 SLA 2001; am §§ 18, 19 ch 15 SLA 2014; am § 25 ch 2 SSSLA 2015; am § 2 ch 73 SLA 2018)

Administrative Code. —

For statewide goals, see 4 AAC 4.

For statewide student assessment, see 4 AAC 6, art. 4.

For special schools, see 4 AAC 33, art. 1.

For grants for the improvement of school performance, see 4 AAC 33, art. 2.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, in (a)(5), substituted “college and career readiness assessment” for “secondary school student competency examination” near the beginning, and “, providing for the needs of a student who is a child with a disability, and setting standards for a waiver under AS 14.03.075 ; the regulations may address the conditions, criteria, procedure, and scheduling of the assessment” for “, including the criteria and procedure under which a governing body uses a waiver to grant a diploma to a student, criteria regarding granting a waiver must include provisions that a waiver may only be granted for students who enter the system late or have rare or unusual circumstances meriting a waiver” at the end; added (b).

The 2015 amendment, effective June 30, 2016, repealed (a)(5) and (b).

The 2018 amendment, effective October 28, 2018, added (c).

Sec. 14.07.168. Report to the legislature.

Not later than the 30th legislative day of each regular session of the legislature, the board shall prepare and present in person to the legislative committees having jurisdiction over education an annual report that describes the efforts of the board to develop, maintain, and continuously improve a comprehensive quality public education system, as provided for under the bylaws of the board. The report must include

1. a summary of the resolves and rationales provided in support of policy decisions made under AS 14.03.015 ;
2. program and curriculum changes made, discussed, or recommended in meetings held under AS 14.07.125 ;
3. additional information relevant to efforts made to improve and maintain the public education system.

History. (§ 1 ch 14 SLA 2011)

Effective dates. —

Section 1, ch. 14, SLA 2011, which enacted this section, took effect on August 25, 2011.

Sec. 14.07.170. Additional powers and duties of board.

1. The board may
   1. appoint unpaid advisory commissions;
   2. require school boards or school personnel to submit to the department, in the form the board may require, the district budget or any information or reports that are reasonably necessary to assist the department in carrying out its functions.
2. The board shall review grant applications recommended under AS 14.11.013 and may approve grant applications under AS 14.11.015 .

History. (§ 1 ch 98 SLA 1966; am § 5 ch 96 SLA 1967; am § 3 ch 5 SLA 1990)

Administrative Code. —

For school and district accountability, see 4 AAC 6, art. 5.

For school operating fund, see 4 AAC 9, art. 2.

For correspondence study programs, see 4 AAC 33, art. 4.

Sec. 14.07.175. Development of statewide assessment plan; review of education laws and regulations.

History. [Repealed, § 23 ch 54 SLA 2016.]

Sec. 14.07.180. Curricula approval and review; pilot program; incentives.

1. Notwithstanding any other provision of law, the board shall establish standards and a procedure for the review, ranking, and approval of mathematics and English and language arts curricula for school districts to use in each grade level as provided in this section. The board may include curricula delivered through virtual education in the standards and procedure established under this subsection.
2. The department, in consultation with school districts, shall review mathematics and English and language arts curricula used in schools in the state and in other states and countries and may include in the review curricula delivered through virtual education. Not later than July 1, 2019, the department shall identify the best mathematics and English and language arts curricula and the best teaching practices for each of the curricula. The department may identify the best mathematics and English and language arts curricula delivered through virtual education.
3. The department shall submit the curricula and teaching practices that the department identifies as the best under (b) of this section to the board for approval, including evidence supporting the department’s selection, if the department concludes that the curricula and best practices
   1. are appropriate;
   2. are in compliance with the nondiscrimination standards established under AS 14.18.060(b) ;
   3. are aligned with state education standards; and
   4. result in improved academic achievement for students.
4. The board may approve curricula submitted under (c) of this section if the curricula are consistent with the standards established by the board under (a) of this section. The department shall place the curricula approved by the board into two categories as follows:
   1. incentivized curricula for the best curricula for each subject, based on evidence provided to the department; the department may place not more than two curricula in this category for each subject;
   2. designated effective curricula for the curricula for each subject that are not incentivized curricula but that the department finds appropriate and effective based on factual and other evidence provided to the department.
5. A three-year pilot program is established in the department, starting in the 2019-2020 school year, to test the appropriateness and effectiveness of the incentivized curricula approved under (d) of this section. In conducting the program, the department shall
   1. establish an application process for school districts to apply for participation in the program;
   2. select four school districts from those that apply to participate in the program, including two rural and two urban school districts, basing the selection of the school districts on the readiness and capacity of each district;
   3. assign to each participating school district the incentivized mathematics curriculum or the incentivized English and language arts curriculum; the department shall assign the mathematics curriculum to one rural and one urban school district and the English and language arts curriculum to one rural and one urban school district;
   4. starting in the 2019-2020 school year, distribute incentive payments, not to exceed $10,000,000 in total, to the four school districts to assist with the purchase and implementation of the curricula, including best teaching practices and professional development, and purchase of instructional materials.
6. At the completion of the pilot program under (e) of this section, the department shall
   1. if the department finds that the incentivized curricula tested in the pilot program are appropriate and effective, submit the findings to the board; and
   2. if the board finds that the curricula tested in the pilot program are appropriate and effective, make the curricula and one-time incentive payments under (g) of this section available to all school districts starting in the 2022-2023 school year and ending in the 2024-2025 school year.
7. The department may distribute an incentive payment available to a school district in an amount that is not more than the school district’s ADM multiplied by 150, subject to availability of funding, if the governing body of the school district
   1. selects one of the incentivized curricula for implementation in the school district in an eligible school year under (f)(2) of this section;
   2. requests an incentive payment from the department;
   3. has not previously implemented the incentivized curricula; and
   4. demonstrates to the satisfaction of the department the readiness and capacity of the school district to implement the curricula.
8. In addition to any unexpended money under (e)(4) of this section, the department may distribute not more than $9,500,000 in incentive payments under (f) and (g) of this section.
9. The department shall publish on the department’s Internet website and make available to the public
   1. all curricula used by school districts in the state for all subjects, whether or not the curricula are approved; and
   2. the curricula approved under (d) of this section.
10. The department shall submit an electronic report to the legislature and make the report available to the public on the department’s Internet website. The report must provide information on the pilot program and the curricula that each school district has adopted. On or before January 15, 2019, and each year thereafter, the department shall submit the report required under this subsection to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.
11. Each school district shall submit to the department the relevant information needed for the department to carry out its duties under this section.
12. Payments for curricula implementation under the pilot program described in (e) of this section and incentive payments under (f) and (g) of this section are subject to appropriation. If insufficient funding is available to distribute payments to all school districts that request funding in a year under (g) of this section, the department may distribute payments to the remaining school districts the following school year.
13. If the applications for participation in the pilot program are insufficient to meet the requirements under (e) of this section, the department may select four school districts from those that apply, taking into consideration geographical diversity.
14. Beginning with the 2025-2026 school year, the department may distribute incentive payments to school districts that use curricula reviewed and approved by the board under AS 14.07.165(c) . The department may provide incentive payments, subject to appropriation, to school districts based on the readiness and capacity of the school district as determined by the department.
15. In this section,
    1. “rural” has the meaning given in AS 14.43.700 ;
    2. “school district” has the meaning given in AS 14.30.350 ;
    3. “school district’s ADM” has the meaning given to “district ADM” in AS 14.17.990 ;
    4. “urban” means a community other than a community described in AS 14.43.700 ;
    5. “virtual education” means instruction delivered through telecommunications or other digital or electronic methods.

History. (§ 3 ch 73 SLA 2018)

Delayed repeal of subsections (e) — (h), (j), ( l ), (m), and (o)(1), (o)(3), and (o)(4). —

Under sec. 11, ch. 73, SLA 2018 and sec. 102, ch. 13, SLA 2019, subsections (e) — (h), (j), ( l ), (m), and (o)(1), (o)(3), and (o)(4) are repealed July 1, 2025.

Effective dates. —

Section 3, ch. 73, SLA 2018, which enacted this section, took effect on October 28, 2018.

Sec. 14.07.180. Curricula approval and review; pilot program; incentives.

1. Notwithstanding any other provision of law, the board shall establish standards and a procedure for the review, ranking, and approval of mathematics and English and language arts curricula for school districts to use in each grade level as provided in this section. The board may include curricula delivered through virtual education in the standards and procedure established under this subsection.
2. The department, in consultation with school districts, shall review mathematics and English and language arts curricula used in schools in the state and in other states and countries and may include in the review curricula delivered through virtual education. Not later than July 1, 2019, the department shall identify the best mathematics and English and language arts curricula and the best teaching practices for each of the curricula. The department may identify the best mathematics and English and language arts curricula delivered through virtual education.
3. The department shall submit the curricula and teaching practices that the department identifies as the best under (b) of this section to the board for approval, including evidence supporting the department’s selection, if the department concludes that the curricula and best practices
   1. are appropriate;
   2. are in compliance with the nondiscrimination standards established under AS 14.18.060(b) ;
   3. are aligned with state education standards; and
   4. result in improved academic achievement for students.
4. The board may approve curricula submitted under (c) of this section if the curricula are consistent with the standards established by the board under (a) of this section. The department shall place the curricula approved by the board into two categories as follows:
   1. incentivized curricula for the best curricula for each subject, based on evidence provided to the department; the department may place not more than two curricula in this category for each subject;
   2. designated effective curricula for the curricula for each subject that are not incentivized curricula but that the department finds appropriate and effective based on factual and other evidence provided to the department.
5. [Repealed, § 11 ch 73 SLA 2018.]
6. [Repealed, § 11 ch 73 SLA 2018.]
7. [Repealed, § 11 ch 73 SLA 2018.]
8. [Repealed, § 11 ch 73 SLA 2018.]
9. The department shall publish on the department’s Internet website and make available to the public
   1. all curricula used by school districts in the state for all subjects, whether or not the curricula are approved; and
   2. the curricula approved under (d) of this section.
10. [Repealed, § 11 ch 73 SLA 2018.]
11. Each school district shall submit to the department the relevant information needed for the department to carry out its duties under this section.
12. [Repealed, § 11 ch 73 SLA 2018.]
13. [Repealed, § 11 ch 73 SLA 2018.]
14. Beginning with the 2025-2026 school year, the department may distribute incentive payments to school districts that use curricula reviewed and approved by the board under AS 14.07.165(c) . The department may provide incentive payments, subject to appropriation, to school districts based on the readiness and capacity of the school district as determined by the department.
15. In this section,
    1. [Repealed, § 11 ch 73 SLA 2018.]
    2. “school district” has the meaning given in AS 14.30.350 ;
    3. [Repealed, § 11 ch 73 SLA 2018.]
    4. [Repealed, § 11 ch 73 SLA 2018.]
    5. “virtual education” means instruction delivered through telecommunications or other digital or electronic methods.

History. (§ 3 ch 73 SLA 2018; am § 11 ch 73 SLA 2018)

Sec. 14.07.181. Pamphlet concerning controlled substances. [Repealed, § 19 ch 6 SLA 1998.]

Sec. 14.07.182. Curriculum improvement and best practices fund.

1. The curriculum improvement and best practices fund is established. The fund consists of appropriations, not to exceed $19,500,000, for distribution to school districts.
2. Money appropriated to the fund may be expended by the department as provided under AS 14.07.180 , without further appropriation.
3. Nothing in this section creates a dedicated fund.
4. Appropriations to the fund do not lapse.

History. (§ 3 ch 73 SLA 2018)

Effective dates. —

Section 3, ch. 73, SLA 2018, which enacted this section, took effect on October 28, 2018.

Sec. 14.08.010. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.011. Purpose.

1. It is the purpose of this chapter to provide for public education in the unorganized borough and the military reservations in the state.
2. Nothing in this chapter prohibits an organized borough, city, village, community, or settlement in an unorganized area of the state from becoming part of or being formed into an organized political subdivision authorized under AS 29.

History. (§ 2 ch 124 SLA 1975)

Sec. 14.08.020. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.021. Authority.

The legislature delegates to school boards for each regional educational attendance area the authority to operate the public schools in those areas in accordance with the provisions of this chapter, subject to the provisions of this title and the regulations adopted under it that apply to all school districts in the state.

History. (§ 2 ch 124 SLA 1975)

Sec. 14.08.030. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.031. Regional educational attendance areas.

1. The Department of Commerce, Community, and Economic Development in consultation with the Department of Education and Early Development and local communities shall divide the unorganized borough into educational service areas using the boundaries or sub-boundaries of the regional corporations established under the Alaska Native Claims Settlement Act, unless by referendum a community votes to merge with another community contiguous to it but within the boundaries or sub-boundaries of another regional corporation.
2. An educational service area established in the unorganized borough under (a) of this section constitutes a regional educational attendance area.  As far as practicable, each regional educational attendance area shall contain an integrated socio-economic, linguistically and culturally homogeneous area.  In the formation of the regional educational attendance areas, consideration shall be given to the transportation and communication network to facilitate the administration of education and communication between communities that comprise the area.  Whenever possible, municipalities, other governmental or regional corporate entities, drainage basins, and other identifiable geographic features shall be used in describing the boundaries of the regional school attendance areas.
3. Military reservation schools shall be included in a regional educational attendance area.  However, operation of military reservation schools by a city or borough school district may be required by the department under AS 14.12.020(a) and AS 14.14.110 . Where the operation of the military reservation schools in a regional educational attendance area by a city or borough school district is required by the department, the military reservation is not considered part of the regional educational attendance area for the purposes of regional school board membership or elections.
4. [Repealed, § 42 ch 12 SLA 2006.]
5. Notwithstanding (a) of this section, Rampart School is part of the Yukon-Koyukuk School District regional educational attendance area for all purposes.

History. (§ 2 ch 124 SLA 1975; am § 42 ch 12 SLA 2006; am § 1 ch 9 SLA 2022)

Revisor’s notes. —

In 1999, in (a) of this section, “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999, and “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in accordance with § 91(a)(2), ch. 58, SLA 1999. In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 14.08.040. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.041. Regional school boards.

1. A regional educational attendance area shall be operated on an areawide basis under the management and control of a regional school board.
2. The qualified voters of the communities receiving educational services in each regional educational attendance area shall elect a regional school board of not less than five nor more than eleven members to be elected for the same term, in the same manner, and with the same qualifications as a city or borough school district board under AS 14.12.  The initial number of regional school board members shall be determined by the department in consultation with the local communities in the regional educational attendance areas.  However, the qualified voters in a regional educational attendance area may increase or decrease the number of regional school board members established under this section by placing the question on the ballot at a regular school board election in the manner prescribed by law.  A change in the number of school board members is not effective until the next regular school board election.
3. A regional school board shall consist of five, seven, nine or 11 members.
4. Subject to (f) of this section, a regional school board member shall be elected at large by the qualified voters of the communities receiving educational services in the entire regional educational attendance area. However, each seat on the regional school board shall be designated by letter or number, and when the declaration of candidacy or other nomination papers of a candidate for the regional school board are filed those papers must indicate the seat that the candidate seeks. A newly elected board member takes office at the first regional school board meeting after certification of the election. If no candidate files for election to a seat on the regional school board, the seat is considered vacant at the time a newly elected member would have taken office.
5. [Repealed, § 8 ch 129 SLA 1990.]
6. The voters residing within a regional educational attendance area may petition in accordance with AS 14.08.051(b) to have each regional school board member elected from a section of the area by the voters of that section.

History. (§ 2 ch 124 SLA 1975; am §§ 1, 2 ch 43 SLA 1982; am §§ 1, 8 ch 129 SLA 1990)

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Sec. 14.08.045. Vacancies.

1. The regional school board shall declare a regional school board seat vacant when the person elected
   1. fails to qualify within 30 days of certification of the election;
   2. notifies the school board in writing of the person’s refusal to take office;
   3. resigns and the resignation is accepted by the school board;
   4. is convicted of a felony involving moral turpitude or of an offense involving a violation of the oath of office while serving as a school board member; or
   5. no longer physically resides within the boundaries of the regional educational attendance area, or if the regional educational attendance area has been divided into sections, within the section from which the person was elected, and the school board by a two-thirds vote, declares the seat vacant.
2. A vacancy on a regional school board shall be filled under AS 14.12.070 .

History. (§ 2 ch 129 SLA 1990)

Sec. 14.08.050. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.051. School board sections.

1. The commissioner in consultation with the Department of Commerce, Community, and Economic Development and the local communities may divide a regional educational attendance area into sections only for the purpose of nominating and electing regional school board members. If the voters in a regional educational attendance area favor election of regional school board members by sections under (b) of this section, the commissioner in consultation with the Department of Commerce, Community, and Economic Development and the local communities shall divide the regional educational attendance area into sections for the purpose of nominating and electing regional school board members. If a regional educational attendance area is divided into sections each school board member shall represent, as nearly as practicable, an equal number of persons. The basis for the division of a regional educational attendance area into sections shall be the total population of the area as reported in the most recent decennial federal census. If the census is five years old or older, then other reliable population data, including population estimates based on public school enrollments, public utility connections, registered voters, or certified employment payrolls, shall be used as the basis for the division of the area into sections. Each section within a regional educational attendance area shall consist of compact, contiguous territory and, as far as practicable, each section shall contain an integrated socio-economic, linguistically and culturally homogeneous area. In the division of the regional school and attendance area into sections, consideration shall be given to the transportation and communication network to facilitate the administration of education and communication between communities that comprise the area. Whenever possible, municipalities, other governmental or regional corporate entities, drainage basins, and other identifiable geographic features shall be used in describing the boundaries of the sections.
2. The division of a regional educational attendance area into sections or subsequent recasting of the section boundaries may be proposed by the regional school board or by a petition. The election of each regional school board member from a section by the voters of that section of a regional educational attendance area may be proposed by petition. A petition under this section shall be filed with the director of elections and must contain signatures of qualified voters in the area equal to eight percent of the total vote cast in the most recent regional school board election. The division of the area into sections, election of each regional school board member from a section by the voters of that section, or subsequent recasting of section boundaries is subject to approval by a majority of the qualified voters voting on the question in the regional educational attendance area at the next regular school board election or a special election called for that purpose, and takes effect at the next regular school board election.
3. If a regional educational attendance area has been divided into sections, the commissioner shall recast the boundaries of the sections within 90 days following the official reporting of the decennial federal census in accordance with (a) of this section. If the census is five years old or older and other reliable population data acceptable to the department that establishes that board members do not represent as nearly as practicable equal numbers of people under the allocation of seats to a multi-member section under (d) of this section, the commissioner may reallocate the seats among the sections if reallocation will achieve as nearly as practicable equal representation. Reallocation of seats takes effect at the next regular board election after the reallocation.
4. Multi-member sections may be created.  However,
   1. each seat on the regional board shall be designated by letter or number and when the declaration of candidacy or other nomination papers of a candidate for the regional school board are filed those papers must indicate the seat that the candidate seeks; and
   2. except as provided in (f) of this section, a section may not be represented by more than
      1. three members, if a board consists of five members;
      2. four members, if a board consists of seven members;
      3. five members, if a board consists of nine members; or
      4. six members, if a board consists of 11 members.
5. If a regional educational attendance area has been divided into sections, board members shall be residents of the section from which they are elected.  Board members shall be elected by the qualified voters of the entire regional educational attendance area, unless the voters have approved election of members by the voters of the section under (b) of this section.
6. Upon the request of a regional school board, the commissioner may permit a section that contains more than one community to be represented by more board members than the number set out in (d)(2) of this section if the commissioner determines that
   1. the regional educational attendance area has had a pattern of substantial population fluctuations between geographic areas within the regional educational attendance area; and
   2. compliance with the requirements of (d)(2) of this section could result in continuous underrepresentation and overrepresentation of sections.
7. In a regional educational attendance area section subject to (f) of this section, no more than two members may be elected from the same community unless the population distribution requires otherwise.

History. (§ 2 ch 124 SLA 1975; am §§ 3 — 5 ch 43 SLA 1982; am §§ 1, 2 ch 73 SLA 1985; am §§ 3, 4 ch 129 SLA 1990; am § 8 ch 3 SLA 2017)

Revisor’s notes. —

In 1999, “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in (a) of this section in accordance with § 91(a)(2), ch. 58, SLA 1999. In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, in (a), in the fifth sentence, deleted “but not limited to” following “reliable population data, including”.

Sec. 14.08.060. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.061. Term of office.

1. Members elected to a regional school board shall serve staggered three-year terms. However,
   1. the term of office of all of the members of a regional school board elected from the same multi-member section may not expire at the same time; and
   2. for the first board elected, the term of office of each member shall be determined by lot, according to the following schedule:
      1. the members of the first five-member school board shall hold office for terms as follows: one member for a one-year term; two for a two-year term and two for a three-year term;
      2. the members of the first seven-member school board hold office for terms as follows: two members for a one-year term; two for a two-year term and three for a three-year term;
      3. the members of the first nine-member school board hold office for terms as follows: three for a one-year term; three for a two-year term and three for a three-year term;
      4. the members of the first 11-member school board hold office for terms as follows: three for a one-year term, four for a two-year term and four for a three-year term.
2. If a regional educational attendance area is divided into sections under AS 14.08.051 where the school board formerly was elected at large, or if the number of regional school board members is increased or decreased by the qualified voters in the regional educational attendance area under AS 14.08.041(b) , the term of office of all members of the existing board shall terminate on the date on which the new board members take office, and the provisions of (a) of this section are applicable to the determination of the terms of office of the new members of the regional school boards.
3. Nothing in this section precludes a board member from being reelected.

History. (§ 2 ch 124 SLA 1975)

Sec. 14.08.070. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.071. Elections; advisory votes.

1. In each regional educational attendance area in the unorganized borough, the lieutenant governor, within not less than 60, nor more than 90 days after the establishment of the regional educational attendance area, shall provide for the election of a regional school board.
2. Except for the first election of regional school board members under (a) of this section, elections shall be held annually on the first Tuesday in October.  Elections shall be supervised by the director of elections in the office of the lieutenant governor, but shall be administered within second class cities as part of the regular municipal election.  The lieutenant governor shall adopt regulations for the conduct of the election of regional school board members comparable, as far as practicable, to those prescribed for election of school board members under AS 14.12 and AS 29.20.300 except that the majority election requirements of AS 29.26.060 do not apply to, nor may the regulations require runoff elections for, the first election of regional school board members under (a) of this section or, if a school board by resolution so requests, to subsequent elections in the regional educational attendance area served by that school board.
3. The cost of each regional school board election, or recall election under AS 14.08.081 , shall be borne by the state.
4. If a regional school board adopts a resolution requesting that an advisory question relating to education be placed on that regional school board’s next election ballot, the division of elections shall place the advisory question on that regional school board’s next election ballot. A resolution described in this subsection must be filed with the division of elections on or before the first Friday in August of the year in which the advisory question is required to be placed on the ballot. An advisory question authorized under this subsection may not consist of more than 100 words and shall be worded in a manner that allows the advisory question to be answered with a “yes” to favor the question or “no” to oppose the question.
5. The lieutenant governor may provide for the election of an advisory school board established under AS 14.08.115 . An election conducted under this subsection shall be held on the first Tuesday in October. The lieutenant governor may adopt regulations governing an election conducted under this subsection.

History. (§ 2 ch 124 SLA 1975; am § 1 ch 1 SLA 1976; am § 1 ch 39 SLA 1978; am § 25 ch 74 SLA 1985; am § 1 ch 96 SLA 1995; am § 1 ch 73 SLA 2013)

Revisor’s notes. —

In 1999, “board” was inserted after “school” in the first sentence of subsection (b) to correct a typographical error of omission in ch. 74, SLA 1985.

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, added (e).

Collateral references. —

What is “public place” within requirements as to posting of school election notices. 90 ALR2d 1212.

Inclusion or exclusion of first and last days in computing time for giving notice of school district election, which must be given a certain number of days before a known future date. 98 ALR2d 1392.

Sec. 14.08.080. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.081. Recall.

The members of a regional school board are subject to recall in accordance with AS 29.26.240 — 29.26.360 , except that the director of elections shall perform the functions of a municipal clerk, the lieutenant governor shall perform the functions of the assembly or council under those sections, and the last regular election is the last regularly scheduled election held within the regional educational attendance area.

History. (§ 2 ch 124 SLA 1975; am § 3 ch 24 SLA 1979; am § 26 ch 74 SLA 1985; am § 20 ch 37 SLA 1986)

Opinions of attorney general. —

For opinions of the Attorney General concerning recalls under this section, see May 28, 1987 Op. Att’y Gen.; April 22, 1988 Op. Att’y Gen.; September 25, 1989 Op. Att’y Gen.; September 26, 1989 Op. Att’y Gen.; January 15, 1991 Op. Att’y Gen.; 663-93-0213 (July 26, 1993); 663-97-0101 (September 25, 1996); 663-98-0213 (February 25, 1998); 663-07-0197 (July 19, 2007); 663-06-0096 (March 26, 2008).

Sec. 14.08.090. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.091. Organization; oath and bond.

1. The regional school boards shall be organized in accordance with AS 14.14.070 , and, before taking office, each school board member shall take and sign the oath or affirmation prescribed by AS 14.12.090 .
2. The officer of the board responsible for the custody of regional educational attendance area funds shall execute a bond of $50,000 with the commissioner.

History. (§ 2 ch 124 SLA 1975)

Sec. 14.08.100. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.101. Powers.

A regional school board may

1. sue and be sued;
2. contract with the department, the Bureau of Indian Affairs, or any other school district, agency, or regional board for the provision of services, facilities, supplies, or utilities;
3. determine its own fiscal procedures, including policies and procedures for the purchase of supplies and equipment; the regional school boards are exempt from AS 37.05 (Fiscal Procedures Act) and AS 36.30 (State Procurement Code);
4. appoint, compensate, and otherwise control all school employees in accordance with this title; these employees are not subject to AS 39.25 (State Personnel Act);
5. adopt regulations governing organization, policies, and procedures for the operation of the schools;
6. establish, maintain, operate, discontinue, and combine schools subject to the approval of the commissioner;
7. recommend to the department projects for construction, rehabilitation, and improvement of schools and education-related facilities as specified in AS 14.11.011(b) , and plan, design, and construct the project when the responsibility for it is assumed under AS 14.11.020 ;
8. by resolution adopted by a majority of all the members of the board and provided to the commissioner of the department, assume ownership of all land and buildings used in relation to the schools in the regional educational attendance area, as provided for in AS 14.08.151(b) ;
9. provide housing for rental to teachers, by leasing existing housing from a local agency or individual, by entering into contractual arrangements with a local agency or individual to lease housing that will be constructed by the local agency or individual for that purpose, or, without using for the purpose that portion of public school funding that consists of state aid provided under AS 14.17, by constructing or otherwise acquiring housing that is owned and managed by the regional educational attendance area for rental to teachers;
10. employ a chief school administrator;
11. apply for and use the proceeds of a loan from the Alaska energy efficiency revolving loan fund (AS 18.56.855 );
12. exercise those other functions that may be necessary for the proper performance of its responsibilities.

History. (§ 2 ch 124 SLA 1975; am § 2 ch 57 SLA 1976; am § 1 ch 147 SLA 1978; am § 4 ch 92 SLA 1982; am § 1 ch 105 SLA 1983; am § 6 ch 106 SLA 1986; am § 4 ch 5 SLA 1990; am § 13 ch 83 SLA 1998; am § 1 ch 126 SLA 2003; am § 1 ch 35 SLA 2005; am § 2 ch 83 SLA 2010; am § 9 ch 3 SLA 2017)

Revisor’s notes. —

In 1987, paragraphs (8)-(10) were renumbered as (10), (8), and (9), respectively, to place the general power at the end of the section. In 2008, paragraphs (10) and (11) were renumbered as (11) and (10), respectively, to keep the general power at the end of the section.

Administrative Code. —

For correspondence study programs, see 4 AAC 33, art. 4.

Effect of amendments. —

The 2010 amendment, effective September 14, 2010, added (11), and made a related change.

The 2017 amendment, effective July 1, 2017, in (3), substituted “including policies and procedures” for “including but not limited to policies and procedures” preceding “for the purchase of supplies”.

Sec. 14.08.110. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.111. Duties.

A regional school board shall

1. provide, during the school term of each year, an educational program for each school age child who is enrolled in or a resident of the district;
2. develop a philosophy of education, principles, and goals for its schools;
3. approve the employment of the professional administrators, teachers, and noncertificated personnel necessary to operate its schools;
4. establish the salaries to be paid its employees;
5. designate the employees authorized to direct disbursements from the school funds of the board;
6. submit the reports prescribed for all school districts;
7. provide for an annual audit in accordance with AS 14.14.050 ;
8. provide custodial services and routine maintenance of school buildings and facilities;
9. establish procedures for the review and selection of all textbooks and instructional materials at least once every 10 years, including textbooks and curriculum materials for statewide correspondence programs, before they are introduced into the school curriculum; the review includes a review for violations of AS 14.18.060 ; nothing in this paragraph precludes a correspondence study student, or the parent or guardian of a correspondence study student, from privately obtaining or using textbooks or curriculum material not provided by the school district;
10. provide prospective employees with information relating to the availability and cost of housing in rural areas to which they might be assigned, and, when possible, assist them in locating housing; however, nothing in this paragraph requires a regional school board to provide teacher housing, whether owned, leased, or rented or otherwise provided by the regional educational attendance area, nor does it require the board to engage in a subsidy program of any kind with respect to teacher housing;
11. train persons required to report under AS 47.17.020 , in the recognition and reporting of child abuse, neglect, and sexual abuse of a minor; and
12. establish procedures for providing the training under AS 14.18.060 , AS 14.20.149 , 14.20.680 , AS 14.30.355 , 14.30.356 , 14.30.362 , AS 14.33.100 , AS 18.66.310 , and AS 47.17.022 ; the procedures established under this paragraph must include a training schedule that ensures that not less than 50 percent of the total certificated staff employed by the district receive all of the training not less than every two years and that all of the certificated staff employed by the district receive all of the training not less than every four years.

History. (§ 2 ch 124 SLA 1975; am § 2 ch 17 SLA 1981; am § 2 ch 105 SLA 1983; am § 2 ch 1 SLA 1986; am § 14 ch 83 SLA 1998; am § 2 ch 130 SLA 2002; am § 3 ch 114 SLA 2003; am § 6 ch 2 SSSLA 2015; am §§ 11, 12 ch 54 SLA 2016; am § 4 ch 73 SLA 2018)

Administrative Code. —

For correspondence study programs, see 4 AAC 33, art. 4.

Effect of amendments. —

The 2015 amendment, effective October 7, 2015, added (12), and made related changes.

The 2016 amendment, effective October 26, 2016, in (12), deleted “14.33.127” from the list of sections, substituted “by the district receive” for both “at a school receives and “at each school receives” following “certificated staff employed”.

The 2016 amendment, effective June 30, 2017, in (12), deleted “14.33.127” from the list of cites, and twice substituted “by the district receive” for “at a school receives” or similar.

The 2018 amendment, effective October 28, 2018, in (9), inserted “at least once every 10 years” following “instructional materials”.

Sec. 14.08.115. Advisory school boards in regional educational attendance areas.

1. A regional school board shall establish advisory school boards in each community in the regional educational attendance area that has more than 50 permanent residents, and by regulation shall prescribe their manner of selection and organization, and, in a manner consistent with (b) of this section, their powers and duties.
2. An advisory board shall advise the regional school board on all matters concerning schools in the community in which the advisory board is established.

History. (§ 2 ch 24 SLA 1979; am §§ 6, 7 ch 173 SLA 1990)

Sec. 14.08.120. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.121. Funding. [Repealed, § 21 ch 26 SLA 1980.]

Sec. 14.08.130. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.131. Disqualification from voting for conflict of interest.

A board member having a direct or indirect pecuniary interest in a contract for erection of buildings, heating, ventilation, furnishing, or repairing the buildings or in a contract for the furnishing of supplies for a regional school is disqualified from voting on any question involving the pecuniary interest of the member unless the member has disclosed that interest to the board and the remaining members have approved the member’s participation in the voting.

History. (§ 2 ch 124 SLA 1975)

Sec. 14.08.140. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.141. Regional resource centers. [Repealed, § 1 ch 236 SLA 1976. For current law, see AS 14.12.150 — 14.12.180.]

Sec. 14.08.150. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.151. Land and buildings.

1. Except as provided in (b) of this section, the ownership of land and buildings used in relation to regional educational attendance area schools shall remain vested in the state, and use permits shall be given to the regional school boards.
2. Except for land located within the boundaries of a state airport, a regional school board may, by resolution, request, and the commissioner of the department having responsibility shall convey, title to land and buildings used in relation to regional educational attendance area schools. If the state holds less than fee title to the land, the commissioner of the department having responsibility shall convey the entire interest of the state in the land to the regional school board.

History. (§ 2 ch 124 SLA 1975; am §§ 2, 3 ch 147 SLA 1978; am § 46 ch 6 SLA 1984; am § 2 ch 35 SLA 2005)

Cross references. —

For the vote required for a resolution under (b) of this section, see AS 14.08.101 (8).

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Sec. 14.08.160. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.08.161. School construction, repair, and improvement. [Repealed, § 10 ch 92 SLA 1982. For current law, see AS 14.11.]

Sec. 14.08.170. [Repealed, § 1 ch 124 SLA 1975.]

Sec. 14.09.010. Transportation of students.

1. A school district that provides student transportation services for the transportation of students who reside a distance from established schools is eligible to receive funding for operating or subcontracting the operation of the transportation system for students to and from the schools within the student’s transportation service area. Subject to appropriation, the amount of funding provided by the state for operating the student transportation system is the amount of a school district’s ADM, less the ADM for the district’s correspondence programs during the current fiscal year, multiplied by the per student amount for the school district as follows:
2. The department shall adopt regulations that provide for oversight of and support to school districts in achieving a safe and cost-effective student transportation system. The regulations must include a requirement for contract terms of not less than three years, if feasible, standardized conditions and bid periods, and standards that ensure cost efficiencies and exclusions.
3. [Repealed, § 11 ch 9 SLA 2008.]
4. A school district that provides transportation services under this section shall provide transportation services to students attending a charter school operated by the district under a policy adopted by the district. The policy must
   1. be developed with input solicited from individuals involved with the charter school, including staff, students, and parents;
   2. at a minimum, provide transportation services for students enrolled in the charter school on a space available basis along the regular routes that the students attending schools in an attendance area in the district are transported; and
   3. be approved by the department.
5. If a school district fails to adopt a policy under (d) of this section, the school district shall allocate the amount received for each student under (a) of this section to each charter school operated by the district based on the number of students enrolled in the charter school.
6. Nothing in (d) of this section requires a school district to establish dedicated transportation routes for the exclusive use of students enrolled in a charter school or authorizes a charter school to opt out of a policy adopted by a school district for the purpose of acquiring transportation funding.
7. In this section,
   1. “ADM” has the meaning given in AS 14.17.990 ;
   2. “district’s ADM” means the sum of the ADMs in the district.

DISTRICT PER STUDENT AMOUNT (2) (1) for the school for the school years beginning year beginning on or after July 1, 2011 July 1, 2012 Alaska Gateway $2,081 $2,148 Aleutians East 311 321 Anchorage 435 449 Annette Island 182 188 Bering Strait 48 50 Bristol Bay 2,672 2,758 Chatham 280 289 Copper River 1,586 1,637 Cordova 335 346 Craig 423 437 Delta/Greely 1,656 1,709 Denali 1,808 1,866 Dillingham 1,218 1,257 Fairbanks 817 843 Galena 255 263 Haines 626 646 Hoonah 298 308 Iditarod 211 218 Juneau 604 623 Kake 271 280 Kashunamiut 5 5 Kenai Peninsula 766 944 Ketchikan 727 750 Klawock 584 603 Kodiak Island 799 825 Kuspuk 654 675 Lake and Peninsula 384 396 Lower Kuskokwim 277 286 Lower Yukon 1 1 Matanuska-Susitna 910 939 Nenana 587 606 Nome 621 641 North Slope 1,120 1,156 Northwest Arctic 25 26 Pelican 72 74 Petersburg 374 386 Saint Mary’s 193 199 Sitka 428 442 Skagway 36 37 Southeast Island 1,155 1,192 Southwest Region 598 617 Tanana 478 493 Unalaska 648 669 Valdez 735 759 Wrangell 701 723 Yakutat 744 768 Yukon Flats 264 272 Yukon/Koyukuk 299 309 Yupiit 2 2.

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History. (§ 1 ch 39 SLA 1966; § 1 ch 98 SLA 1966; am § 1 ch 2 FSSLA 1996; am §§ 15, 16 ch 83 SLA 1998; am § 1 ch 54 SLA 2003; am §§ 1, 2, 11 ch 9 SLA 2008; am §§ 1, 2 ch 19 SLA 2012; am § 20 ch 15 SLA 2014)

Revisor’s notes. —

Former subsection (c) was enacted as AS 14.10.070(c). Renumbered in 1966. Subsection (b) was enacted as (d) and relettered in 2012, at which time former subsection (b) was relettered as (d) [now (g)].

Subsections (d) — (f) were enacted as (e) — (g). Relettered in 2014, at which time former (d) was relettered as (g) and internal references in (e) and (f) were conformed.

Administrative Code. —

For transportation of pupils, see 4 AAC 27.

Effect of amendments. —

The 2012 amendment repealed and reenacted (a), effective June 30, 2012, and added (b) (formerly (d)), effective July 1, 2012. Former (b) was relettered as (d).

The 2014 amendment, effective July 1, 2014, added (e) through (g) [now (d) through (f)].

Opinions of attorney general. —

The Department of Education may reimburse a school district for the provision of pupil transportation services at a rate lower than the district’s costs. The department should, however, adopt standards of general applicability for determining the reasonable cost basis for reimbursement. Feb. 21, 1986 Op. Att’y Gen.

Sec. 14.09.020. Transportation for nonpublic school students.

In those places in the state where the department or a school district provides transportation for children attending public schools, the department also shall provide transportation for children who, in compliance with the provisions of AS 14.30, attend nonpublic schools that are administered in compliance with state law where the children, in order to reach the nonpublic schools, must travel distances comparable to, and over routes the same as, the distances and routes over which the children attending public schools are transported. The commissioner shall administer this nonpublic school student transportation program, integrating it into existing systems as much as feasible, and the cost of the program shall be paid from funds appropriated for that purpose by the legislature.

History. (§ 1 ch 157 SLA 1972)

Opinions of attorney general. —

The state financing of private school bus transportation does not violate Alaska Const., art. VII, § 1, which prohibits the payment of money from public funds “for the direct benefit of any religious or private educational institution.” December 17, 1979, Op. Att’y Gen. (superseding June 12, 1978, Op. Att’y Gen.).

Sec. 14.09.025. Drug testing for school bus drivers.

1. A school district or regional educational attendance area that provides for the transportation of pupils shall require that the drivers of motor vehicles used to transport pupils submit to testing for the use of drugs and alcohol. The testing program must include random testing. A driver who tests positive for the improper use of drugs or alcohol may be disciplined, including termination from employment.
2. For a driver who is not required to have a commercial driver’s license, an employer
   1. shall keep and maintain records of the testing for improper use of drugs or alcohol on a confidential basis and may only release the results with the written consent of the employee; and
   2. may not retain false positive test results in the employee’s employment records and may not release information about a false positive test without the written consent of the employee.
3. The department shall adopt regulations to implement this section. The regulations must include a provision for a hearing before discipline is imposed.
4. In this section, “improper use of drugs or alcohol” means use that constitutes a criminal offense and use that violates regulations adopted by the department under this section.

History. (§ 2 ch 105 SLA 1994)

Sec. 14.09.030. School buses.

1. A municipal school district or regional educational attendance area shall
   1. provide instruction on safe boarding, riding, exiting, and emergency procedures to school children transported to or from a public school by school bus;
   2. provide instruction to drivers and passengers on the proper use of seat belts if school children in the municipal school district or regional educational attendance area are transported in buses equipped with seat belts; and
   3. conduct at least three school bus drills each school year in safe boarding, exiting, and emergency procedures; one drill must be conducted during the first three weeks of the school term.
2. The department shall
   1. establish equipment requirements for each type of school bus that is used to transport school children to or from a public school;
   2. at least twice each calendar year, inspect each school bus for compliance with requirements adopted under this subsection; and
   3. maintain a record of each accident involving a school bus or other vehicle transporting school children that is owned by, leased by, or provided under contract to a municipal school district or regional educational attendance area; the record must include the date of the accident, a list of persons injured, whether the person’s injury occurred within the school bus, and each type of injury.

History. (§ 1 ch 51 SLA 1999)

Sec. 14.11.005. School construction grant fund.

There is created a school construction grant fund as an account in the general fund. The fund shall be used to make grants for the costs of school construction. Legislative appropriations for school construction shall be deposited in the fund, and the proceeds from the sale of general obligation bonds for school construction may be deposited in the fund.

History. (§ 5 ch 5 SLA 1990)

Administrative Code. —

For loss protection, see 4 AAC 31, art. 2.

Sec. 14.11.007. Major maintenance grant fund.

There is created a major maintenance grant fund as an account in the general fund. The fund shall be used to make grants for the costs of school major maintenance. Legislative appropriations for school major maintenance shall be deposited in the fund.

History. (§ 4 ch 78 SLA 1993)

Sec. 14.11.008. School district participation in grant program.

1. In order to receive a grant under this chapter or an appropriation under AS 37.05.560 , a district must provide a percentage share of the project cost, as determined under (b) or (c) of this section. Except as provided in (d) or (g) of this section, a district shall provide the required participating share within three years after the date that the appropriation bill funding the grant is passed by the legislature.
2. The required participating share for a municipal school district is based on the district’s full value per average daily membership (ADM), which is calculated by dividing the full and true value of the taxable real and personal property in the district, calculated as described in AS 14.17.510 , by the district ADM as defined in AS 14.17.990 , for the same fiscal year for which the valuation was made. The municipal district’s full value per ADM determines the district’s required participating share, as follows:
3. The required participating share for a regional educational attendance area is two percent. The participating share for any district may be satisfied by money from federal, local, or other sources, or with locally contributed labor, material, or equipment.
4. If a district with full value per ADM of $200,000 or less can demonstrate in writing that it is unable to provide the required participating share or that the participating share required under this section will jeopardize receipt of federal assistance, the commissioner may waive all or a portion of the required participating share.
5. State funds provided under this chapter may not be a source of the participating share required under (b) or (c) of this section.
6. [Repealed, § 11 ch 3 SSSLA 2002.]
7. The commissioner may extend the time allowed for a district to provide the required participating share for an additional period of not more than seven years if the district applies to the commissioner in writing to request an extension and demonstrates good cause for the requested extension. The commissioner may find good cause if
   1. a request for extension identifies a project constraint that requires a reasonable extension of time;
   2. the extension will not jeopardize the successful completion of the project as described in a grant agreement under AS 14.11.017 ;
   3. the extension will not result in an increase of state funding of the project cost; and
   4. the district demonstrates a good faith effort to secure funding for its participating share within the time required by (a) of this section and reasonably expects to secure the funding within the additional time requested by the extension.

Full Value Per ADM District Participating Share $1 — $150,000 5 percent 150,001 — 275,000 10 percent 275,001 — 500,000 20 percent 500,001 — 800,000 30 percent over 800,000 35 percent.

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History. (§ 4 ch 78 SLA 1993; am § 17 ch 83 SLA 1998; am §§ 1 — 3, 11 ch 3 SSSLA 2002; am § 25 ch 35 SLA 2003; am § 1 ch 107 SLA 2008; am § 3 ch 93 SLA 2010; am §§ 1, 2 ch 78 SLA 2018)

Cross references. —

For provision relating to the applicability of the 2018 amendment of subsection (a) and addition of subsection (g), see sec. 3, ch. 78, SLA 2018, in the 2018 Temporary and Special Acts.

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Effect of amendments. —

The 2010 amendment, effective June 22, 2010, and applicable retroactively to an appropriation made under AS 37.05.560 or a grant approved under AS 14.11.008(a) on or after April 1, 2008, in the table in (b), in the third line, substituted “275,001 — 500,000” and “20 percent” for “275,001 — 800,000” and “30 percent”, and added the fourth line.

The 2018 amendment, effective November 6, 2018, in (a), added “Except as provided in (d) or (g) of this section, a” at the beginning of the second sentence, and made a related change; added (g).

Editor’s notes. —

Under § 9, ch. 93, SLA 2010, the 2010 amendments to (b) of this section apply “retroactively to an appropriation made under AS 37.05.560 or a grant approved under [(a) of this section] on or after April 1, 2008.”

Sec. 14.11.010. Recommendations and evaluations of projects. [Repealed, § 15 ch 5 SLA 1990.]

Sec. 14.11.011. Grant applications.

1. A municipality that is a school district or a regional educational attendance area may submit a request to the department for a grant under this chapter.
2. For a municipality that is a school district or a regional educational attendance area to be eligible for a grant under this chapter, the district shall submit
   1. a six-year capital improvement plan that includes a description of the district’s fixed asset inventory system and preventive maintenance program no later than September 1 of the fiscal year before the fiscal year for which the request is made; the six-year plan must contain for each proposed project a detailed scope of work, a project budget, and documentation of conditions justifying the project;
   2. evidence that the district has secured and will maintain adequate property loss insurance for the replacement cost of all facilities for which state funds are available under AS 14.11.005 or 14.11.007 or has a program of insurance acceptable to the department;
   3. evidence acceptable to the department that the proposed project should be a capital improvement project and not part of a preventive maintenance program or regular custodial care program; and
   4. evidence acceptable to the department that the district
      1. has a preventive maintenance plan that
         1. includes a computerized maintenance management program, cardex system, or other formal systematic means of tracking the timing and costs associated with planned and completed maintenance activities, including scheduled preventive maintenance;
         2. addresses energy management for buildings owned or operated by the district;
         3. includes a regular custodial care program for buildings owned or operated by the district;
         4. includes preventive maintenance training for facility managers and maintenance employees;
         5. includes renewal and replacement schedules for electrical, mechanical, structural, and other components of facilities owned or operated by the district; and
      2. is adequately adhering to the preventive maintenance plan.

History. (§ 6 ch 5 SLA 1990; am § 5 ch 78 SLA 1993; am § 1 ch 98 SLA 1998; am §§ 4, 5 ch 3 SSSLA 2002)

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

For loss protection, see 4 AAC 31, art. 2.

Sec. 14.11.013. Department review of grant applications.

1. With regard to projects for which grants are requested under AS 14.11.011 , the department shall
   1. annually review the six-year plans submitted by each district under AS 14.11.011 (b) and recommend to the board a revised and updated six-year capital improvement project grant schedule that serves the best interests of the state and each district; in recommending projects for this schedule, the department shall verify that each proposed project meets the criteria established under AS 14.11.014(b) and qualifies as a project required to
      1. avert imminent danger or correct life-threatening situations;
      2. house students who would otherwise be unhoused; for purposes of this subparagraph, students are considered unhoused if the students attend school in temporary facilities;
      3. protect the structure of existing school facilities;
      4. correct building code deficiencies that require major repair or rehabilitation in order for the facility to continue to be used for the educational program;
      5. achieve an operating cost savings;
      6. modify or rehabilitate facilities for the purpose of improving the instructional program;
      7. meet an educational need not specified in (A) — (F) of this paragraph, identified by the department;
   2. prepare an estimate of the amount of money needed to finance each project;
   3. provide to the governor, by November 1, and to the legislature within the first 10 days of each regular legislative session, a revised and updated six-year capital improvement project grant schedule, together with a proposed schedule of appropriations;
   4. encourage each school district to use previously approved school construction design plans and building systems if the use will result in cost savings for the project;
   5. consider the regionally based model school construction standards developed under AS 14.11.017(d) .
2. In preparing the construction grant schedule, the department shall establish priorities among projects for which grants are requested and shall award school construction grants in the order of priority established. In establishing priorities, the department shall evaluate at least the following factors, without establishing an absolute priority for any one factor:
   1. emergency requirements;
   2. priorities assigned by the district to the projects requested;
   3. new local elementary and secondary programs;
   4. existing regional, community, and school facilities, and their condition; this paragraph does not include administrative facilities;
   5. the amount of district operating funds expended for maintenance;
   6. other options that would reduce or eliminate the need for the request;
   7. the district’s use of previously approved school construction design plans and building systems if the use will result in cost savings for the project; and
   8. consideration of regionally based model school construction standards under AS 14.11.017(d) .
3. The department may
   1. modify a project request when necessary to achieve cost-effective school construction;
   2. require that a school construction project be phased for purposes of planning, design, and construction;
   3. reject project requests and omit them from the six-year schedule due to
      1. incomplete information or documentation provided by the district;
      2. a determination by the department that existing facilities can adequately serve the program requirements, or that alternative projects are in the best interests of the state;
      3. a determination that the project is not in the best interest of the state; and
   4. require that a school construction project include all or part of the regionally based model school construction standards developed under AS 14.11.017(d) or use previously approved design plans and building systems that would result in capital or operating cost savings for the project.
4. The department shall reduce a project budget by the cost of those portions of a project design that the department determines (1) are for construction of student residential space, planetariums, hockey rinks, saunas, and other facilities for single purpose sporting or recreational uses that are not suitable for other activities; or (2) do not meet the criteria developed under AS 14.11.014(b) that are applicable to the project. This subsection does not apply to funding for swimming pools that meet criteria established by the department.
5. By November 5, the department shall provide public notice of the grant applications submitted under (a) of this section and the priorities established under (b) of this section.  After public notice has been given, the department shall, not later than December 1, hold a public hearing on the priorities established under (b) of this section.  In this subsection, “public notice” means notice published in a newspaper of general circulation and notice to every person who has requested notice about the grant application program from the department.

History. (§ 6 ch 5 SLA 1990; am §§ 6 — 8 ch 78 SLA 1993; am § 1 ch 60 SLA 1994; am § 2 ch 2 FSSLA 1996; am §§ 1 — 3 ch 79 SLA 2018)

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Effect of amendments. —

The 2018 amendment, effective August 11, 2018, added (a)(3) and (4); added (b)(7) and (8); added (c)(4), and made related changes.

Sec. 14.11.014. Bond reimbursement and grant review committee.

1. The commissioner shall establish a bond reimbursement and grant review committee for the purpose described in (b) of this section. In making selections to the committee, the commissioner shall seek to maintain a regional statewide balance on the committee. The committee shall consist of the commissioner or the commissioner’s designee, two members of the legislature selected by the presiding officers of the house and senate, and six other people selected by the commissioner as follows:
   1. two persons shall have professional degrees and experience in school construction;
   2. two persons shall have experience in urban or rural school facilities management;
   3. two persons shall represent the public.
2. The committee shall
   1. review the department’s priorities among projects for which school construction grants are requested;
   2. make recommendations to the board concerning school construction grants and make recommendations to the commissioner concerning projects for which bond reimbursement is requested;
   3. develop criteria for construction of schools in the state; criteria developed under this paragraph must include requirements intended to achieve cost-effective school construction;
   4. analyze existing prototypical designs for school construction projects;
   5. establish a form for grant applications;
   6. establish a method of ranking grant projects;
   7. recommend to the board necessary changes to the approval process for school construction grants and for projects for which bond reimbursement is requested;
   8. set standards for energy efficiency for school construction and major maintenance to provide energy efficiency benefits for all school locations in the state and that address energy efficiency in design and energy systems that minimize long-term energy and operating costs.
3. Members of the committee serve without compensation, but members who are not representing the department are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 .
4. Notwithstanding any other provision of law, the committee may not recommend for approval an application for bond debt reimbursement made by a municipality 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.

History. (§ 9 ch 78 SLA 1993; am § 4 ch 93 SLA 2010; am § 1 ch 3 SLA 2015; am § 1 ch 6 SLA 2020)

Delayed repeal. —

Under sec. 6, ch. 3, SLA 2015, as amended by sec. 5, ch. 6, SLA 2020, subsection (d) of this section is repealed July 1, 2025.

Effect of amendments. —

The 2015 amendment, effective January 1, 2015, added (d).

The 2020 amendment, effective June 30, 2020, substituted “before July 1, 2025” for “before July 1, 2020” at the end of (d).

Sec. 14.11.015. Approval of grant applications.

1. The board shall review grant applications that have been recommended by the department under AS 14.11.013 , and may approve a grant application if the board determines that the project meets the criteria specified in AS 14.11.013 (a)(1) and 14.11.014 . The department may not award a grant unless the grant application is approved by the board.
2. To the extent that money is available in the appropriate fund, the department shall award grants approved under (a) of this section in the order of the projects’ priority on the date the appropriation bill funding the appropriate grant fund is passed by the legislature, regardless of any appeal pending under AS 14.11.016 . Appeals pending under AS 14.11.016 at the time that grants are awarded may not delay the funding of grants awarded under this section.
3. If a project is assigned a new priority ranking under AS 14.11.016 after the date of passage by the legislature of the appropriation bill for the appropriate grant fund, the project must be funded from the appropriate fund in accordance with the new priority ranking at the next time that grants are awarded.

History. (§ 6 ch 5 SLA 1990; am § 10 ch 78 SLA 1993)

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Sec. 14.11.016. Administrative and judicial review.

1. A district may request reconsideration of a decision of the department assigning a priority to the district’s project, establishing the scope of the project, or establishing the budget for the project.  The request must be in writing and must include a statement of the specific changes desired, and a summary of the evidence supporting the district’s claim that the department has erred in its review of the district’s grant application.  A request for reconsideration must be received by the department by the day of the public hearing held under  AS 14.11.013(e) .  The department shall review its decision on the basis of the request by the district and determine whether its decision should be changed.  The department shall issue its determination in writing within 15 days after the last day of the public hearing held under  AS 14.11.013(e) .
2. A district may appeal an adverse decision of the department under (a) of this section by filing a written notice of appeal with the commissioner within 15 days after the date of the department’s decision. The notice of appeal must state the legal and factual basis for the appeal and the precise relief sought. The failure of the district to include an issue in a notice of appeal constitutes a waiver of the right to have the issue considered. Not later than 10 days after receipt by the commissioner of a notice of appeal, the chief administrative law judge of the office of administrative hearings (  AS 44.64.010 ) shall appoint an administrative law judge who is qualified under  AS 44.62.350(c) to serve as hearing officer and consider the appeal. If the hearing officer finds that the notice of appeal does not raise a reasonable issue of fact or law, the hearing officer shall issue a written decision denying the appeal. Denial of an appeal by hearing officer is a final decision that may be appealed under (d) of this section. If the hearing officer finds that the notice of appeal raises a reasonable issue of fact or law, the hearing officer shall conduct a hearing on those issues and recommend a decision to the board. The hearing officer shall issue a decision on the appeal not later than 60 days after being appointed. The board shall consider the recommended decision of the hearing officer at its next regularly scheduled meeting and may adopt all, part, or none of the recommended decision or may remand the issue to the hearing officer for further hearings. The board shall issue its decision in writing within 10 days after consideration of the hearing officer’s decision.
3. The hearing officer may consolidate appeals under (b) of this section, if the notices of appeal raise related issues of fact or law.
4. A district may appeal an adverse decision of a hearing officer or the board under (b) of this section to the superior court in the manner provided by  AS 44.62.560 — 44.62.570 .
5. The board shall adopt regulations governing procedures for the reconsideration and appeal of decisions under this section. The regulations adopted under this subsection are not required to conform to  AS 44.62.330 — 44.62.630 , but shall be consistent with minimum standards of due process.
6. A district may not request reconsideration of or appeal a priority determination on the grounds that a revised priority assigned to another project, due to a reconsideration or appeal under this section, has resulted in a lower priority being accorded to the district’s project.

History. (§ 6 ch 5 SLA 1990; am § 28 ch 163 SLA 2004)

Sec. 14.11.017. Grant conditions.

1. The department shall require in the grant agreement that a municipality that is a school district or a regional educational attendance area
   1. agree to construction of a facility of appropriate size and use that meets criteria adopted by the department if the grant is for school construction;
   2. provide reasonable assurance by a means acceptable to the department, that the cost of the project will be uniform with the costs of the most current construction or major maintenance projects, as appropriate, in the area;
   3. agree to limit equipment purchases to that required for the approved project plan submitted under (5) of this subsection and account for all equipment purchased for the project under a fixed asset inventory system approved by the department;
   4. submit project budgets for department approval and agree that the grant amount may, at the discretion of the department, be reduced or increased by amounts equal to the amounts by which contracts vary from the budget amounts approved by the department; and
   5. submit to the department for approval, before award of the contract, a plan for the project that includes educational specifications, final drawings, and contract documents.
2. The cost of any school construction or major maintenance activity encompassed by the definition of “costs of school construction” under AS 14.11.135 is payable under a grant awarded from the appropriate fund under AS 14.11.015 without regard to whether the costs were incurred before the
   1. award of the grant;
   2. approval of the grant application by the board; or
   3. effective date of an appropriation to the appropriate grant fund for the year in which the grant is funded.
3. The department, by regulation, may establish the time period in which activities described in (b) of this section must have occurred in order to be paid under a grant.
4. The department shall develop and periodically update regionally based model school construction standards that describe acceptable building systems and anticipated costs and establish school design ratios to achieve efficient and cost-effective school construction. In developing the standards, the department shall consider the standards and criteria developed under AS 14.11.014(b) .

History. (§ 6 ch 5 SLA 1990; am §§ 11, 12 ch 78 SLA 1993; am § 4 ch 79 SLA 2018)

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Effect of amendments. —

The 2018 amendment, effective August 11, 2018, added (d).

Sec. 14.11.019. Grant appropriations.

Within the appropriation bill authorizing capital expenditures submitted to the legislature under AS 37.07.020(a)(3), the governor shall include an appropriation for grants in the succeeding fiscal year as determined by the six-year capital improvement project grant schedule prepared under AS 14.11.013 .

History. (§ 6 ch 5 SLA 1990; am § 13 ch 78 SLA 1993; am § 1 ch 30 SLA 1997; am § 1 ch 59 SLA 1997)

Sec. 14.11.020. Assumption of responsibilities.

1. The assembly or council of a municipality that is a school district or a regional school board may, by resolution or majority vote of the body, assume the responsibilities relating to the planning, design, and construction of a school or an education-related facility located within the boundaries or operating area of the municipality or regional educational attendance area.  After receipt of a request by an assembly or council under this subsection, the department shall provide for the assumption of the responsibilities requested.  After receipt of a request by a regional school board under this subsection, the department may provide for the assumption of the responsibilities requested.
2. If a municipality that is a school district or a regional educational attendance area assumes the responsibilities under this section, the department shall grant to the municipality or regional educational attendance area money appropriated for the school or education-related facility.  The department may transfer the appropriations to a special construction account in the state treasury.  Under the fiscal control of the department, a municipality or regional educational attendance area that assumes responsibilities for the project as provided in this section may draw on the account for costs of the project.
3. The construction management costs of a project assumed under this section may not exceed four percent of the amount of appropriations for the facility if the amount of appropriations is $500,000 or less.  The construction management costs of a project assumed under this section may not exceed three percent of the amount of appropriations for the facility if the amount of appropriations is over $500,000 but less than $5,000,000.  The construction management costs of a project assumed under this section may not exceed two percent of the amount of appropriations for the facility if the amount of appropriations is $5,000,000 or more.  For purposes of this subsection “construction management” means management of the project’s schedule, quality, and budget during any phase of the planning, design, and construction of the facility by a private contractor engaged by the municipality or regional educational attendance area.
4. The commissioner shall adopt necessary regulations implementing this section, and setting out the requirements for agreements between the department and a municipality or regional educational attendance area relating to the assumption by the municipality or regional educational attendance area of responsibilities for the planning, design, and construction of a project.

History. (§ 3 ch 92 SLA 1982)

Revisor’s notes. —

Enacted as AS 14.07.190. Renumbered in 1982.

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Sec. 14.11.025. State aid for school construction in regional educational attendance areas and small municipal school districts.

1. In addition to other appropriations and funding sources, the department may provide grant funding from the fund established under AS 14.11.030 to a school district that is a regional educational attendance area or a small municipal school district.
2. The amount of money available each fiscal year for expenditure under (a) of this section shall be the annual debt service on debt incurred under AS 14.11.100(a) divided by the percentage of all schools that are located in a city or borough school district that is not a small municipal school district, the quotient of which is to be multiplied by .244.
3. In this section, “small municipal school district” means a city or borough school district in the state that has an ADM of not more than 300 and in which the district’s full value per ADM is not more than $500,000. In this subsection, the district’s full value per ADM is determined by dividing the full and true value of the taxable real and personal property in the district, calculated as described in AS 14.17.510 , by the district ADM, as defined in AS 14.17.990 , for the same fiscal year for which the valuation was made.

History. (§ 5 ch 93 SLA 2010; am §§ 1, 2 ch 49 SLA 2013)

Effect of amendments. —

The 2013 amendment, effective September 16, 2013, in (a), added “or a small municipal school district” at the end; in (b), inserted “that is not a small municipal school district” following “borough school district”; added (c).

Sec. 14.11.030. Regional educational attendance area and small municipal school district school fund.

1. The regional educational attendance area and small municipal school district school fund is created as an account in the general fund to be used, in addition to other funding sources, to fund projects approved under AS 14.11.025 for the costs of school construction and major maintenance in regional educational attendance areas and small municipal school districts. The primary function of the fund is to fund school construction projects.
2. Legislative appropriations, including appropriations of interest earned on the fund, shall be deposited in the fund established under this section. The unobligated and unexpended cash balance of the fund may not exceed $70,000,000.
3. Money appropriated to the fund does not lapse except to the extent money in the fund exceeds the maximum fund balance specified in (b) of this section.
4. In this section, “small municipal school district” has the meaning given in AS 14.11.025 .

History. (§ 5 ch 93 SLA 2010; am §§ 3, 4 ch 49 SLA 2013; am §§ 5, 6 ch 79 SLA 2018)

Effect of amendments. —

The 2013 amendment, effective September 16, 2013, in (a), twice inserted “and small municipal school district” or similar, following “attendance area” or similar; added (d).

The 2018 amendment, effective August 11, 2018, in (a), inserted “and major maintenance” following “school construction” near the end of the first sentence, and added the second sentence; in (b), rewrote the second sentence, which read, “The fund balance may not exceed $70,000,000.”

Sec. 14.11.035. Report on school construction and major maintenance funding.

Every February, the department shall provide to the governor and the legislature an annual report on the effectiveness of the school construction and major maintenance grants, state aid for school construction and major maintenance in regional educational attendance areas, and state aid for costs of school construction debt under this chapter. The report must include an analysis of funding sources and the short-term and long-term fiscal effects of the funding on the state. Copies of the report shall be made available to the public and to the legislature.

History. (§ 5 ch 93 SLA 2010; am § 7 ch 79 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 11, 2018, substituted “Every February” for “Beginning in February, 2013” at the beginning of the first sentence, inserted “and major maintenance” following “state aid for school construction”.

Sec. 14.11.100. State aid for costs of school construction debt.

1. During each fiscal year, the state shall allocate to a municipality that is a school district the following sums:
   1. payments made by the municipality during the fiscal year two years earlier for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness incurred before July 1, 1977, to pay costs of school construction;
   2. 90 percent of
      1. payments made by the municipality during the fiscal year two years earlier for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness incurred after June 30, 1977, and before July 1, 1978, to pay costs of school construction;
      2. cash payments made after June 30, 1976, and before July 1, 1978, by the municipality during the fiscal year two years earlier to pay costs of school construction;
   3. 90 percent of
      1. payments made by the municipality during the fiscal year two years earlier for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness incurred after June 30, 1978, and before January 1, 1982, to pay costs of school construction projects approved under AS 14.07.020(a)(11) ;
      2. cash payments made after June 30, 1978, and before July 1, 1982, by the municipality during the fiscal year two years earlier to pay costs of school construction projects approved under AS 14.07.020(a)(11) ;
   4. subject to (h) and (i) of this section, up to 90 percent of
      1. payments made by the municipality during the current fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness incurred after December 31, 1981, and authorized by the qualified voters of the municipality before July 1, 1983, to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $25,000 and are approved under AS 14.07.020(a)(11);
      2. cash payments made after June 30, 1982, and before July 1, 1983, by the municipality during the fiscal year two years earlier to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $25,000 and are approved under AS 14.07.020(a)(11); and
      3. payments made by the municipality during the current fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $25,000 and are submitted to the department for approval under AS 14.07.020(a)(11) before July 1, 1983, and approved by the qualified voters of the municipality before October 15, 1983, not to exceed a total project cost of (i) $6,600,000 if the annual growth rate of average daily membership of the municipality is more than seven percent but less than 12 percent, or (ii) $20,000,000 if the annual growth rate of average daily membership of the municipality is 12 percent or more; payments made by a municipality under this subparagraph on total project costs that exceed the amounts set out in (i) and (ii) of this subparagraph are subject to (5)(A) of this subsection;
   5. subject to (h) — (j) of this section, 80 percent of
      1. payments made by the municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality
         1. after June 30, 1983, but before March 31, 1990, to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $25,000 and are approved under AS 14.07.020(a)(11); or
         2. before July 1, 1989, and reauthorized before November 1, 1989, to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $25,000 and are approved under AS 14.07.020(a)(11); and
      2. cash payments made after June 30, 1983, by the municipality during the fiscal year two years earlier to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $25,000 and are approved by the department before July 1, 1990, under AS 14.07.020(a)(11);
   6. subject to (h) — (j) and (m) of this section, 70 percent of payments made by the municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after April 30, 1993, but before July 1, 1996, to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $200,000 and are approved under AS 14.07.020(a)(11);
   7. subject to (h) — (j) and (m) of this section, 70 percent of payments made by the municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality after March 31, 1990, but before April 30, 1993, to pay costs of school construction, additions to schools, and major rehabilitation projects;
   8. subject to (h), (i), (j)(2) — (5), and (n) of this section and after projects funded by the bonds, notes, or other indebtedness have been approved by the commissioner, 70 percent of payments made by the municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after July 1, 1995, but before July 1, 1998, to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $200,000 and are approved under AS 14.07.020(a)(11);
   9. subject to (h), (i), (j)(2) — (5), and (n) of this section and after projects funded by the bonds, notes, or other indebtedness have been approved by the commissioner, 70 percent of payments made by the municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after July 1, 1998, but before July 1, 2006, to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $200,000 and are approved under AS 14.07.020(a)(11);
   10. subject to (h), (i), (j)(2) — (5), and (o) of this section, and after projects funded by the bonds, notes, or other indebtedness have been approved by the commissioner, 70 percent of payments made by the municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after June 30, 1998, to pay costs of school construction, additions to schools, and major rehabilitation projects that exceed $200,000, are approved under AS 14.07.020(a)(11), and are not reimbursed under (n) of this section;
   11. subject to (h), (i), and (j)(2) — (5) of this section, and after projects funded by the bonds, notes, or other indebtedness have been approved by the commissioner, 70 percent of payments made by a municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after June 30, 1999, but before January 1, 2005, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are approved under AS 14.07.020(a)(11), and are not reimbursed under (n) or (o) of this section;
   12. subject to (h), (i), and (j)(2), (3), and (5) of this section, 60 percent of payments made by a municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after June 30, 1999, but before January 1, 2005, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are reviewed under AS 14.07.020(a)(11), and are not reimbursed under (n) or (o) of this section;
   13. subject to (h), (i), (j)(2) — (5), and (p) of this section, and after projects funded by the tax exempt bonds, notes, or other indebtedness have been approved by the commissioner, 70 percent of payments made by a municipality during the fiscal year for the retirement of principal and interest on outstanding tax exempt bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after June 30, 1999, but before October 31, 2006, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are approved under AS 14.07.020(a)(11), and are not reimbursed under (n) or (o) of this section;
   14. subject to (h), (i), (j)(2), (3), and (5), and (p) of this section, 60 percent of payments made by a municipality during the fiscal year for the retirement of principal and interest on outstanding tax exempt bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after June 30, 1999, but before October 31, 2006, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are reviewed under AS 14.07.020(a)(11), and are not reimbursed under (n) or (o) of this section;
   15. subject to (h), (i), (j)(2) — (5), and (q) of this section, and after projects funded by the bonds, notes, or other indebtedness have been approved by the commissioner, 90 percent of payments made by a municipality during the fiscal year for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after June 30, 1999, but before October 31, 2006, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are approved under AS 14.07.020(a)(11), meet the 10 percent participating share requirement for a municipal school district under the former participating share amounts required under AS 14.11.008(b) , and are not reimbursed under (n) or (o) of this section;
   16. subject to (h), (i), and (j)(2) — (5) of this section, and after projects funded by the tax exempt bonds, notes, or other indebtedness have been approved by the commissioner, 70 percent of payments made by a municipality during the fiscal year for the retirement of principal and interest on outstanding tax exempt bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after October 1, 2006, but before January 1, 2015, to pay costs of school construction, additions to schools, and major rehabilitation projects and education- related facilities that exceed $200,000, are approved under AS 14.07.020(a)(11), and are not reimbursed under (o) of this section;
   17. subject to (h), (i), and (j)(2), (3), and (5) of this section, 60 percent of payments made by a municipality during the fiscal year for the retirement of principal and interest on outstanding tax exempt bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after October 1, 2006, but before January 1, 2015, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are reviewed under AS 14.07.020(a)(11), and are not reimbursed under (o) of this section;
   18. subject to (h), (i), and (j)(2) — (5) of this section, and after projects funded by the tax exempt bonds, notes, or other indebtedness have been approved by the commissioner, 50 percent of payments made by a municipality during the fiscal year for the retirement of principal of and interest on outstanding tax exempt bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after July 1, 2025, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are approved under AS 14.07.020(a)(11), and are not reimbursed under (o) of this section;
   19. subject to (h), (i), and (j)(2), (3), and (5) of this section, 40 percent of payments made by a municipality during the fiscal year for the retirement of principal of and interest on outstanding tax exempt bonds, notes, or other indebtedness authorized by the qualified voters of the municipality on or after July 1, 2025, to pay costs of school construction, additions to schools, and major rehabilitation projects and education-related facilities that exceed $200,000, are reviewed under AS 14.07.020(a)(11), and are not reimbursed under (o) of this section.
2. The commissioner shall administer the program of reimbursement authorized under this section and shall provide by regulation for the filing of applications for reimbursement, the form of proof of costs for which application for reimbursement is made, and other regulations necessary to administer the program. An amount due a municipality for reimbursement under this section may not be reduced by the cost to the department to administer the reimbursement program. The commissioner shall exclude from the total school construction cost of the local district all state and federal funds included in these costs except funds provided under this section and AS 43.50.140 .
3. The school construction account is established. Funds to carry out the provisions of this section shall be included within the appropriation bill authorizing capital expenditures submitted to the legislature under AS 37.07.020(a)(3) and may be appropriated annually by the legislature to the account. If amounts in the account are insufficient for the purpose of providing the share to which a borough or city is entitled under this section, those funds that are available shall be distributed pro rata among the eligible municipalities, except that the legislature may direct that additional debt service on refunding bonds that exceeds the total debt service on the refunded bonds be disregarded in whole or in part.
4. Money in the school construction account that at the end of the fiscal year for which the money is appropriated, exceeds the amount required for the allocations authorized in this section reverts to the general fund.
5. The commissioner shall annually prepare a report on allocations of state aid made under this section, including the amount of state aid paid on a per capita and per student basis and the resultant effect on the rate of levy of taxes by the municipality for educational purposes. The commissioner shall notify the legislature that the report is available.
6. [Repealed, § 17 ch 147 SLA 1978.]
7. [Repealed, § 47 ch 6 SLA 1984.]
8. An allocation under (a)(4), (5), (6), (7), (8), (9), or (10) of this section for school construction begun after July 1, 1982, shall be reduced by the amount of money used for the construction of residential space, hockey rinks, planetariums, saunas, and other facilities for single purpose sporting or recreational uses that are not suitable for other activities and by the money used for construction that exceeds the amount needed for construction of a facility of efficient design as determined by the department. An allocation under (a)(4), (5), (6), (7), (8), (9), or (10) of this section may not be reduced by the amount of money used for construction of a small swimming pool, tank, or water storage facility used for water sports. However, an allocation shall be reduced by the difference between the amount of money used to construct a swimming pool that exceeds the standards adopted by the department and the amount of money that would have been used to construct a small swimming pool, tank, or water storage facility, as determined by the commissioner.
9. For the purposes of (a)(4) — (10) of this section,
   1. an indebtedness for bonds is incurred after the bonds are sold;
   2. reimbursement for a cash payment may only be made after the payment is made to a vendor; and
   3. payments may not be made for costs that are incurred under a contract after the contract has been released.
10. Except as provided in (l) of this section, the state may not allocate money to a municipality for a school construction project under (a)(5), (6), or (7) of this section unless the municipality complies with the requirements of (1) — (5) of this subsection, the project is approved by the commissioner before the local vote on the bond issue for the project or for bonds authorized after March 31, 1990, but on or before April 30, 1993, the bonds are approved by the commissioner before reimbursement by the state, and the local vote occurs before July 1, 1987, or after June 30, 1988. In approving a project under this subsection, and to the extent required under (a)(8) — (17) of this section, the commissioner shall require
    1. the municipality to include on the ballot for the bond issue, for bonds authorized on or before March 31, 1990, or after April 30, 1993, the estimated total cost of each project including estimated total interest, estimated annual operation and maintenance costs, the estimated amounts that will be paid by the state and by the municipality, and the approximate amount that would be due in annual taxes on $100,000 in assessed value to retire the debt;
    2. that the bonds may not be refunded unless the annual debt service on the refunding issue is not greater than the annual debt service on the original issue;
    3. that the bonds must be repaid in approximately equal annual principal payments or approximately equal debt service payments over a period of at least 10 years;
    4. the municipality to demonstrate need for the project by establishing that the school district has
       1. projected long-term student enrollment that indicates the district has inadequate facilities to meet present or projected enrollment;
       2. facilities that require repair or replacement in order to meet health and safety laws or regulations or building codes;
       3. demonstrated that the project will result in a reduction in annual operating costs that economically justifies the cost of the project; or
       4. facilities that require modification or rehabilitation for the purpose of improving the instructional program;
    5. evidence acceptable to the department that the district
       1. has a preventive maintenance plan that
          1. includes a computerized maintenance management program, cardex system, or other formal systematic means of tracking the timing and costs associated with planned and completed maintenance activities, including scheduled preventive maintenance;
          2. addresses energy management for buildings owned or operated by the district;
          3. includes a regular custodial care program for buildings owned or operated by the district;
          4. includes preventive maintenance training for facility managers and maintenance employees; and
          5. includes renewal and replacement schedules for electrical, mechanical, structural, and other components of facilities owned or operated by the district; and
       2. is adequately following the preventive maintenance plan.
11. [Repealed, § 7 ch 115 SLA 2002.]
12. Bonds may be refunded without compliance with (j)(2) and (3) of this section if the refunding bonds are issued after June 30, 1987, and before January 1, 1989, and the time remaining for repayment on the original bonds is more than five years. The repayment term on refunding bonds may not exceed 20 years. For the purposes of determining the level of reimbursement, refunding bonds are considered to be issued as of the date of the first issue of bonds, notes, or other indebtedness or of the bonds that refund the bonds, whichever is later.
13. The total amount of school construction projects approved for reimbursement by the department under (a)(6) or (7) of this section
    1. may not exceed $250,000,000; and
    2. until July 1, 1996, shall be allocated as follows:
       1. $133,000,000 shall be allocated to projects in a municipality with a population of 200,000 or more people;
       2. $67,000,000 shall be allocated to projects in a municipality with a population of at least 60,000, but less than 200,000 people;
       3. $50,000,000 shall be allocated to projects in a municipality with less than 60,000 people.
14. The total amount of school construction projects approved for reimbursement by the department under (a)(8) or (9) of this section
    1. may not exceed $357,143,000; and
    2. after June 30, 1995, and until July 1, 2006, shall be allocated as follows:
       1. $154,286,000 shall be allocated to projects in a municipality with a public school enrollment of 25,000 or more students in fiscal year 1998, as determined under former AS 14.17.160 ;
       2. $57,143,000 shall be allocated to projects in a municipality with a public school enrollment of at least 15,000 but less than 25,000 students in fiscal year 1998, as determined under former AS 14.17.160 ;
       3. $145,714,000 shall be allocated to projects in a municipality with a public school enrollment of less than 15,000 students in fiscal year 1998, as determined under former AS 14.17.160; allocations under this subparagraph
          1. shall first be made to projects described under (a)(8) of this section and then made to projects described under (a)(9) of this section; and
          2. may not exceed $16,000,000 to projects in a municipality with a public school enrollment of less than 4,000 students in fiscal year 1998, as determined under former AS 14.17.160.
15. The total amount of school construction projects approved for reimbursement by the department under (a)(10) of this section
    1. may not exceed $190,644,901; and
    2. after June 30, 1998, and until July 1, 2006, shall be allocated as follows:
       1. $77,897,000 to projects in a municipality with a public school enrollment of 25,000 or more students in fiscal year 2000, as determined under AS 14.17.500 ;
       2. $14,571,000 to projects in a municipality with a public school enrollment of at least 15,000 but less than 25,000 students in fiscal year 2000, as determined under AS 14.17.500 ;
       3. $14,143,000 to projects in a municipality with a public school enrollment of at least 10,000 but less than 15,000 students in fiscal year 2000, as determined under AS 14.17.500;
       4. $7,429,000 to projects in a municipality with a public school enrollment of at least 7,500 but less than 10,000 students in fiscal year 2000, as determined under AS 14.17.500;
       5. $20,712,912 to projects in a municipality with a public school enrollment of at least 5,000 but less than 7,500 students in fiscal year 2000, as determined under AS 14.17.500;
       6. $2,660,000 to projects in a municipality with a public school enrollment of at least 2,750 but less than 3,000 students in fiscal year 2000, as determined under AS 14.17.500;
       7. $454,000 to projects in a municipality with a public school enrollment of at least 2,400 but less than 2,750 students in fiscal year 2000, as determined under AS 14.17.500;
       8. $46,869,989 to projects in a municipality with a public school enrollment of at least 2,050 but less than 2,400 students in fiscal year 2000, as determined under AS 14.17.500;
       9. $329,000 to projects in a municipality with a public school enrollment of at least 1,700 but less than 1,750 students in fiscal year 2000, as determined under AS 14.17.500;
       10. $286,000 to projects in a municipality with a public school enrollment of at least 650 but less than 725 students in fiscal year 2000, as determined under AS 14.17.500;
       11. $519,000 to projects in a municipality with a public school enrollment of at least 500 but less than 525 students in fiscal year 2000, as determined under AS 14.17.500;
       12. $2,224,000 to projects in a municipality with a public school enrollment of at least 425 but less than 482 students in fiscal year 2000, as determined under AS 14.17.500;
       13. $2,550,000 to projects in a municipality with a public school enrollment of at least 290 but less than 305 students in fiscal year 2000, as determined under AS 14.17.500.
16. The total amount of school construction projects approved for reimbursement by the department under (a)(13) and (a)(14) of this section
    1. may not exceed $177,256,000;
    2. after June 30, 1999, and until October 31, 2006, shall be allocated as follows:
       1. $61,925,000 to projects in a municipality with a public school enrollment of 45,000 or more students in fiscal year 2005, as determined under AS 14.17.500 ;
       2. $40,570,000 to projects in a municipality with a public school enrollment of at least 14,600 but less than 20,000 students in fiscal year 2005, as determined under AS 14.17.500 ;
       3. $20,000,000 to projects in a municipality with a public school enrollment of at least 10,000 but less than 14,600 students in fiscal year 2005, as determined under AS 14.17.500;
       4. $2,588,000 to projects in a municipality with a public school enrollment of at least 7,500 but less than 10,000 students in fiscal year 2005, as determined under AS 14.17.500;
       5. $5,995,000 to projects in a municipality with a public school enrollment of at least 4,000 but less than 6,000 students in fiscal year 2005, as determined under AS 14.17.500;
       6. $1,237,000 to projects in a municipality with a public school enrollment of at least 2,400 but less than 2,800 students in fiscal year 2005, as determined under AS 14.17.500;
       7. $1,100,000 to projects in a municipality with a public school enrollment of at least 2,200 but less than 2,400 students in fiscal year 2005, as determined under AS 14.17.500;
       8. $7,164,000 to projects in a municipality with a public school enrollment of at least 1,300 but less than 1,500 students in fiscal year 2005, as determined under AS 14.17.500;
       9. $1,260,000 to projects in a municipality with a public school enrollment of at least 740 but less than 757 students in fiscal year 2005, as determined under AS 14.17.500;
       10. $608,000 to projects in a municipality with a public school enrollment of at least 650 but less than 700 students in fiscal year 2005, as determined under AS 14.17.500;
       11. $32,000,000 to projects in a municipality with a public school enrollment of at least 500 but less than 600 students in fiscal year 2005, as determined under AS 14.17.500;
       12. $2,809,000 to projects in a municipality with a public school enrollment of at least 370 but less than 390 students in fiscal year 2005, as determined under AS 14.17.500.
17. The total amount of school construction projects approved for reimbursement by the department under (a)(15) of this section
    1. may not exceed $14,644,000;
    2. after June 30, 1999, and until October 31, 2006, shall be allocated as follows:
       1. $6,522,000 to projects in a municipality with a public school enrollment of at least 1,925 but less than 2,025 students in fiscal year 2005, as determined under AS 14.17.500 ;
       2. $8,122,000 to projects in a municipality with a public school enrollment of at least 398 but less than 400 students in fiscal year 2005, as determined under AS 14.17.500 .
18. In this section, “outstanding bonds, notes, or other indebtedness” includes bonds issued to refund bonds, notes, or other indebtedness issued to pay costs of school construction or to refund bonds. Refunded bonds, notes, or other indebtedness are not considered outstanding.
19. Notwithstanding any other provision of law, the commissioner may not approve an application for bond debt reimbursement made by a municipality 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.

History. (§ 1 ch 249 SLA 1970; am § 1 ch 93 SLA 1971; am § 2 ch 137 SLA 1972; am § 1 ch 28 SLA 1973; am § 47 ch 127 SLA 1974; am §§ 1 — 3 ch 120 SLA 1977; am §§ 12, 17 ch 147 SLA 1978; am § 25 ch 168 SLA 1978; am §§ 8 — 10 ch 92 SLA 1982; am §§ 1 — 3 ch 82 SLA 1983; am § 47 ch 6 SLA 1984; am §§ 1 — 5 ch 78 SLA 1985; am §§ 1 — 3 ch 73 SLA 1987; am §§ 7, 8 ch 5 SLA 1990; am §§ 14, 15 ch 78 SLA 1993; am § 9 ch 21 SLA 1995; am § 2 ch 30 SLA 1997; am § 2 ch 59 SLA 1997; am §§ 1 — 6 ch 77 SLA 1998; am §§ 2 — 6 ch 130 SLA 2000; am §§ 1 — 3 ch 93 SLA 2001; am §§ 6 — 8 ch 3 SSSLA 2002; am §§ 3, 7 ch 115 SLA 2002; am § 26 ch 35 SLA 2003; am §§ 2 — 4 ch 7 FSSLA 2005; am §§ 3, 4 ch 41 SLA 2006; am § 2 ch 107 SLA 2008; am § 6 ch 93 SLA 2010; am § 21 ch 15 SLA 2014; am §§ 2 — 4 ch 3 SLA 2015; am § 10 ch 3 SLA 2017; am §§ 2, 3 ch 6 SLA 2020)

Delayed repeal. —

Under sec. 6, ch. 3, SLA 2015, as amended by sec. 5, ch. 6, SLA 2020, subsection (s) of this section is repealed July 1, 2025.

Revisor’s notes. —

Formerly AS 43.18.100 . Renumbered in 1983. Subsection (r) was enacted as a part of subsection ( l ), relettered as (m) in 1987, as (n) in 1996, as (o) in 1998, as (p) in 2000, and as (r) in 2005. Subsection (m) was formerly (n). Relettered in 1996, at which time “(m)” was substituted for “(n)” in paragraph (a)(6) and (7). A contingent amendment to this section made by Sec. 16, ch. 78, SLA 1993 did not take effect because the constitutional amendment on which it was contingent did not take effect. Subsection (n) was enacted as (o). Relettered in 1998, at which time former (n) was relettered as (o) [now (r)] and internal references in (a)(8) and (9) were conformed. Subsection (o) was enacted as (p); relettered in 2000, at which time internal references in (a)(10) were conformed. Subsections (p) and (q) were enacted as (q) and (r), respectively; relettered in 2005, at which time former (p) was relettered as (r) and internal references in (a)(13) — (15) were conformed.

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Effect of amendments. —

The 2015 amendment, effective July 23, 2015, in (a)(16) inserted “but before January 1, 2015,”, in (a)(17) substituted “January 1, 2015” for “May 1, 2015”, repealed (a)(18), added (a)(18) and (19), added (s).

The 2017 amendment, effective July 1, 2017, in the first sentence of (e), substituted “including the amount of state aid” for “including but not limited to the amount of state aid” preceding “paid on a per capita”.

The 2020 amendment, effective June 30, 2020, in (a), repealed (a)(18), redesignated (a)(19) and (20) as (a)(18) and (19), and in (a)(18) and (19) and in (s) , substituted “July 1, 2025” for “July 1, 2020”.

Sec. 14.11.102. Allocation requests.

1. A request for an allocation of funds under AS 14.11.100 must be submitted to the department by the school district not later than October 15 of the fiscal year before the fiscal year for which the request is made.
2. The department shall evaluate projects for which retirement of school construction debt is requested. In evaluating projects for bond reimbursement as required under this section, the department shall evaluate all of the following factors, without establishing an absolute priority for any one factor:
   1. emergency requirements;
   2. priorities assigned by the district to the projects requested;
   3. new local elementary and secondary facilities;
   4. existing regional, community, and school facilities, and their condition; this paragraph does not include administrative facilities;
   5. the amount of district operating funds expended for maintenance; and
   6. other program options for accomplishing the project’s objectives.
3. 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 authorized by the qualified voters of the municipality on or after January 1, 2015, but before July 1, 2025.

History. (§ 6 ch 78 SLA 1985; am § 9 ch 5 SLA 1990; am § 17 ch 78 SLA 1993; am § 5 ch 3 SLA 2015; am § 4 ch 6 SLA 2020)

Delayed repeal. —

Under sec. 6, ch. 3, SLA 2015, as amended by sec. 5, ch. 6, SLA 2020, subsection (c) of this section is repealed July 1, 2025.

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

Effect of amendments. —

The 2015 amendment, effective July 23, 2015, added (c).

The 2020 amendment, effective June 30, 2020, substituted “July 1, 2025” for “July 1, 2020” at the end of (c).

Secs. 14.11.105 — 14.11.120. Public school facilities construction advance account. [Repealed, § 15 ch 5 SLA 1990.]

Sec. 14.11.121. Supplemental charter school facilities construction, lease, and major maintenance grant program.

1. The department shall establish a charter school facilities construction, lease, and major maintenance grant program that supplements grant aid otherwise available under this chapter and that is based on a per pupil funding formula.
2. The department shall apply for available federal funding and award federal funding made available under the grant program established under (a) of this section for not more than five years for approved projects for charter school facilities construction, lease, or major maintenance as follows:
   1. 90 percent of the allowable costs for the first fiscal year for the approved project;
   2. 80 percent of the allowable costs for the second fiscal year for the approved project;
   3. 60 percent of the allowable costs for the third fiscal year for the approved project;
   4. 40 percent of the allowable costs for the fourth fiscal year for the approved project; and
   5. 20 percent of the allowable costs for the fifth fiscal year for the approved project.
3. The grant program established in this section is subject to legislative appropriation and available funding and must be consistent with applicable federal and state requirements.
4. 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.

History. (§ 2 ch 91 SLA 2010)

Effective dates. —

Section 2, ch. 91, SLA 2010, which enacted this section, is effective September 19, 2010.

Editor’s notes. —

The delayed repeal of this section by sec. 3, ch. 91, SLA 2010, which was to take effect July 1, 2015, was repealed by sec. 49, ch. 15, SLA 2014.

Sec. 14.11.125. Public school facilities construction advance account. [Repealed, § 15 ch 5 SLA 1990.]

Sec. 14.11.126. State aid for costs of charter school facilities construction, lease, and major maintenance.

During each fiscal year, the state shall allocate to a school district and regional educational attendance area that is approved for a charter school facilities construction, lease, or major maintenance grant under AS 14.11.121 an amount that is not less than $1 for each pupil enrolled in the charter school.

History. (§ 2 ch 91 SLA 2010)

Effective dates. —

Section 2, ch. 91, SLA 2010, which enacted this section, is effective September 19, 2010.

Editor’s notes. —

The delayed repeal of this section by sec. 3, ch. 91, SLA 2010, which was to take effect July 1, 2015, was repealed by sec. 49, ch. 15, SLA 2014.

Sec. 14.11.130. Construction of chapter.

This chapter may not be construed to prevent a municipality that is a school district or a regional educational attendance area from using other revenue to include additional or expanded facilities as part of approved school construction projects.

History. (§ 13 ch 147 SLA 1978; am § 10 ch 5 SLA 1990)

Revisor’s notes. —

Formerly AS 43.18.130. Renumbered in 1983.

Opinions of attorney general. —

Appropriations to retire municipal general obligation school bond indebtedness under this chapter are “required” and qualify as an exception to the spending limit of § 16, art. IX, of the state constitution. 1983 Alas. Op. Att'y Gen. No. 01.

Sec. 14.11.132. Regulations.

The department shall adopt regulations to carry out the purposes of this chapter.

History. (§ 8 ch 78 SLA 1985)

Revisor’s notes. —

Formerly AS 14.11.140. Renumbered in 1985.

Administrative Code. —

For planning and construction, see 4 AAC 31, art. 1.

For loss protection, see 4 AAC 31, art. 2.

Sec. 14.11.135. Definitions.

In this chapter, unless the context requires otherwise,

1. “approved school construction project” means the plan for a new school or an addition to or major rehabilitation of an existing school to the extent that the plan has been approved by the commissioner under AS 14.07.020(a)(11) ;
2. “capital improvement project” or “project” means school construction or major maintenance;
3. “costs of school construction” means the cost of acquiring, constructing, enlarging, repairing, remodeling, equipping, or furnishing of public elementary and secondary schools that are owned or operated by the state, a municipality, or a district and includes the sum total of all costs of financing and carrying out the project; these include the costs of all necessary studies, surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property and the acquisition of machinery and equipment that may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary;
4. “district” means the districts described in AS 14.12.010 ;
5. “grant” means a grant under this chapter for school construction or for major maintenance;
6. “major maintenance” means a project described in AS 14.11.013(a)(1)(C) , (D), or (E);
7. “school construction” means a project described in AS 14.11.013(a)(1)(A) , (B), (F), or (G).

History. (§ 13 ch 147 SLA 1978; am § 48 ch 6 SLA 1984; am § 7 ch. 78 SLA 1985; am §§ 11, 12 ch 5 SLA 1990; am § 38 ch 30 SLA 1992; am § 18 ch 78 SLA 1993; am §§ 7, 8 ch 93 SLA 2010)

Revisor’s notes. —

Formerly AS 43.18.135. Renumbered in 1983.

In 1992, former paragraphs (3) and (5) were renumbered as (2) and (3), respectively, to reflect the 1992 repeal of former paragraphs (2) and (4).

Effect of amendments. —

The 2010 amendment, effective September 19, 2010, in (6), added “or (E)” and made a related change; in (7), substituted “AS 14.11.013(a)(1)(A) , (B), (F), or (G)” for “AS 14.11.013(a)(1)(A) , (B), (E), (F), or (G)”.

Sec. 14.12.010. Districts of state public school system.

The districts of the state public school system are as follows:

1. each home rule and first class city in the unorganized borough is a city school district;
2. each organized borough is a borough school district;
3. the area outside organized boroughs and outside home rule and first class cities is divided into regional educational attendance areas.

History. (§ 1 ch 98 SLA 1966; am § 3 ch 124 SLA 1975; am § 7 ch 208 SLA 1975; am § 1 ch 58 SLA 1994)

Sec. 14.12.020. Support, management, and control in general; military reservation schools.

1. Each regional educational attendance area shall be operated on an areawide basis under the management and control of a regional school board.  The regional school board manages and controls schools on military reservations within its regional educational attendance area until the military mission is terminated or so long as management and control by the regional educational attendance area is approved by the department.  However, operation of the military reservation schools by a city or borough school district may be required by the department under AS 14.14.110 .  If the military mission of a military reservation terminates or continued management and control by the regional educational attendance area is disapproved by the department, operation, management, and control of schools on the military reservation transfers to the city or borough school district in which the military reservation is located.
2. Each borough or city school district shall be operated on a district-wide basis under the management and control of a school board.
3. The legislature shall provide the state money necessary to maintain and operate the regional educational attendance areas.  The borough assembly for a borough school district, and the city council for a city school district, shall provide the money that must be raised from local sources to maintain and operate the district.

History. (§ 1 ch 98 SLA 1966; am §§ 8, 9 ch 46 SLA 1970; am § 5 ch 32 SLA 1973; am § 1 ch 72 SLA 1974; am § 1 ch 13 SLA 1975; am §§ 4, 5 ch 124 SLA 1975)

Editor’s notes. —

Section 7, ch. 32, SLA 1973, provides: “Notwithstanding provisions of this Act, all agreements between organized boroughs and the Department of Education for the operation of schools on military reservations that were made before April 3, 1973 remain in force.”

Sec. 14.12.025. New school districts.

Notwithstanding any other provision of law, a new school district may not be formed if the total number of pupils for the proposed school district is less than 250 unless the commissioner of education and early development determines that formation of a new school district with less than 250 pupils would be in the best interest of the state and the proposed school district.

History. (§ 10 ch 75 SLA 1986)

Revisor’s notes. —

Formerly AS 14.17.139 . Renumbered in 1992.

In 1999, “commissioner of education” was changed to “commissioner of education and early development” in this section in accordance with § 89, ch. 58, SLA 1999.

Sec. 14.12.030. School boards.

1. Each borough and city school district with an average daily membership of 5,000 or less has a school board of five members, except that the governing body of the borough or city may by ordinance, concurred in by a majority of the district school board, provide for a school board of seven members.
2. Each borough and city school district with an average daily membership exceeding 5,000 has a school board of seven, nine, or eleven members, as established by ordinance.
3. The provisions of (a) and (b) of this section do not apply if the assembly serves as the school board of the borough school district.
4. The provisions of (a) and (b) of this section do not apply to a regional educational attendance area that converts to a city or borough school district.  The number of school board members may be changed by the qualified voters in a district by placing the question on the ballot at a regular school board election in the manner prescribed by law.
5. Each city or borough school district that is operating schools on a military reservation under AS 14.12.020(a) has one nonvoting delegate from the military reservation or reservations to the school district board to advise and assist the board in matters relating to the military reservation schools operated by the school district and to act as liaison between the board and the military community.  The nonvoting delegate shall be appointed by the school district board, shall serve at the pleasure of the school district board, and must be an inhabitant of the area served by the military reservation schools operated by the school district by contract.  If an elected community school committee is established on a military reservation, the only inhabitants of that military reservation who are eligible for appointment as the nonvoting delegate are those inhabitants who are members of the elected school committee.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 71 SLA 1969; am § 1 ch 83 SLA 1974; am § 2 ch 13 SLA 1975; am § 6 ch 124 SLA 1975; am § 4 ch 24 SLA 1979; am § 3 ch 73 SLA 1985; am § 27 ch 74 SLA 1985; am § 21 ch 37 SLA 1986; am § 1 ch 86 SLA 1986)

Revisor’s notes. —

Subsection (d) was enacted as (e). Subsection (e) was formerly (d). Relettered in 1986.

Cross references. —

For provisions relating to election of board members, see AS 29.20.300 .

Sec. 14.12.035. Advisory school boards in borough school districts.

A borough school district board may establish advisory school boards, and by regulation shall prescribe their manner of selection, organization, powers, and duties.

History. (§ 1 ch 81 SLA 1974)

Sec. 14.12.040. Transition from five to seven member board.

The transition from a five-member to a seven-member school board shall be made at the regular election following, or being held within 90 days preceding, the completion of the second regular school term during which the district maintains an average daily membership exceeding 5,000 or at the regular election following the effective date of an ordinance increasing board membership as provided in AS 14.12.030(a) . Once the district has a seven-member school board, the number of members may not be changed.

History. (§ 1 ch 98 SLA 1966; am § 2 ch 71 SLA 1969)

Sec. 14.12.050. School board terms.

1. The term of office of a member of a borough or city school board is three years and until a successor takes office. However, the members of a newly created five-member school board hold office for initial terms as follows: two for a term of three years, two for a term of two years, and one for a term of one year, the terms being assigned to the members by lot. The members of a newly created seven-member school board hold office for initial terms as follows: three for a term of three years, two for a term of two years, and two for a term of one year, the terms being assigned to the members by lot.
2. When a transition is made from a five-member school board to a seven-member school board, the length of the terms of office for the two new members to be elected shall be determined by lot so that when the terms of office for the two new members are assigned, the terms of office for the entire seven-member board shall be as follows: three members have a three-year term, two members have a two-year term, and two members have a one-year term.  A seven-member school board, the terms of office of whose members at the time of transition from a five-member board did not result in terms expiring in the manner provided in this section, may, by resolution adopted by a majority of the members of the board, adjust the terms of office to conform to the schedule for expiration of terms of office provided in this section.
3. Nothing in this section prevents school board members from succeeding themselves.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 41 SLA 1972)

Sec. 14.12.070. Vacancies.

If a vacancy occurs on the school board, the remaining members shall within 30 days fill the vacancy. The person selected shall serve until the next regular election when a successor shall be elected to serve the balance of the term.

History. (§ 1 ch 98 SLA 1966)

Sec. 14.12.080. Qualification of members.

To be eligible to be a member of a school board, a person must have the same qualifications as are necessary to be a municipal voter in the school district.

History. (§ 1 ch 98 SLA 1966)

Sec. 14.12.090. Oath.

School board members, before taking office, shall take and sign the following oath or affirmation: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alaska and that I will honestly, faithfully, and impartially discharge my duties as a school board member to the best of my ability.”

History. (§ 1 ch 98 SLA 1966)

Sec. 14.12.100. Application.

AS 14.12.010 — 14.12.100 apply to home rule and general law municipalities.

History. (§ 1 ch 98 SLA 1966)

Revisor’s notes. —

In 1968 the word “may” was deleted before the word “apply” to correct a manifest error in the original publication of this section.

Sec. 14.12.110. Single body as assembly and school board.

Notwithstanding the provisions of this chapter or other law, a single body may serve as both the assembly and school board in the manner provided for third class boroughs under AS 29.20.300(b) , if

1. an ordinance for that purpose is approved by the assembly and ratified by a referendum of a majority of the qualified borough voters voting on the question at a regular or special election; and
2. the public school population within the borough is 500 pupils or less.

History. (§ 1 ch 214 SLA 1970; am § 28 ch 74 SLA 1985)

Sec. 14.12.115. Indemnification.

A school board shall insure or indemnify and protect the board, any member of the board, or any agent, employee, teacher, student teacher, officer, or member of the supervisory or administrative staff of the school district against financial loss and expense, including reasonable legal fees and costs arising out of any claim, demand, suit, or judgment by reason of alleged negligence, alleged violation of civil rights, or alleged wrongful act resulting in death or bodily injury to any person or accidental damage to or destruction of property, inside or outside the school premises, if the board member, agent, employee, teacher, student teacher, officer, or member of the supervisory or administrative staff, at the time of the occurrence, was acting under the direction of the school board within the course or scope of the duties of the board member, agent, employee, teacher, student teacher, officer, or member of the supervisory or administrative staff.

History. (§ 2 ch 148 SLA 1978)

Opinions of attorney general. —

It is improper for a school district to hire a professional employee as a consultant solely to mitigate the effects of a certificate suspension or revocation. Sept. 14, 1988 Op. Att’y Gen.

A school district may agree to defend a professional employee in an ethics proceeding before the Professional Teaching Practices Commission if it determines that, in carrying out the action upon which the complaint is based, the employee was acting in furtherance of and within the scope of his or her employment. Sept. 14, 1988 Op. Att’y Gen.

Collateral references. —

Waiver of, or estoppel to assert, failure to give required notice of claim of injury to school district or authorities. 65 ALR2d 1278.

Tort liability of public schools. 86 ALR2d 489; 33 ALR3d 703; 34 ALR3d 1166; 35 ALR3d 725; 35 ALR3d 758; 36 ALR3d 361; 37 ALR3d 712; 37 ALR3d 738; 38 ALR3d 830; 23 ALR5th 1.

Modern status of doctrine of sovereign immunity as applied to public schools and institutions of higher learning. 33 ALR3d 703.

Tort liability of public schools and institutions of higher learning for accidents due to condition of buildings or equipment. 34 ALR3d 1166.

Tort liability of public schools and institutions of higher learning for injuries due to condition of grounds, walks, and playgrounds. 37 ALR3d 738.

Immunity of private schools and institutions of higher learning from liability in tort. 38 ALR3d 480.

Tort liability of public schools and institutions of higher learning for educational malpractice. 1 ALR4th 1139.

Sec. 14.12.120. Limited liability. [Repealed, § 4 ch 148 SLA 1978.]

Sec. 14.12.150. Establishment and purpose.

1. The districts of the state public school system may join together to establish regional resource centers to provide services, including the following: accounting, payroll, and other fiscal; media; instructional support; bilingual-bicultural educational; in-service and staff development; student; diagnostic; school management; and school board member training.
2. A regional resource center established under (a) of this section shall be governed by a board consisting of one representative from each participating district.  The representative shall be appointed by the governing board of that district.  The term of office of regional resource center board members shall be two years, beginning July 1 of each calendar year.  Vacancies shall be filled in the same manner as original appointment.
3. Regional resource center boundaries shall be established by the board on recommendation of the commissioner of education and early development in the following seven regions of the state: southcentral and the Aleutian Chain, western, northwest, Bristol Bay, interior, southeast, and Kodiak.  A district may not be included in more than one regional resource center area.
4. Regional resource center boards may receive and expend both public and private funds to operate a regional resource center.
5. Employees of the regional resource centers are not in the state service and are not subject to AS 39.25 (State Personnel Act). However, all regional resource center employees shall be members of either the teachers’ retirement system (AS 14.25) or the public employees’ retirement system (AS 39.35).

History. (§ 2 ch 236 SLA 1976; am § 11 ch 3 SLA 2017)

Revisor’s notes. —

In 1999, “commissioner of education” was changed to “commissioner of education and early development” in (c) of this section in accordance with § 89, ch. 58, SLA 1999.

Administrative Code. —

For regional resource centers, see 4 AAC 66.

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, in (a), deleted “but not limited to” following “provide services, including”.

Sec. 14.12.160. Regional resource center board grant program; eligibility.

1. The department may make grants to regional resource center boards that qualify for the grants under the criteria set out in (b) of this section and regulations adopted by the department.
2. To qualify for a grant under (a) of this section, a regional resource center board shall
   1. be organized under the provisions of AS 14.12.150 ;
   2. adopt bylaws for its operation;
   3. provide the department with a plan of operation including the following elements:
      1. the bylaws adopted for its operation;
      2. a list of participating districts, number of students, and professional staff to be served;
      3. a schedule of funds available from federal, state, local, and private sources;
      4. a description of the services and programs to be offered;
      5. a description of the method by which these services and programs will be evaluated;
      6. other information that may be required by the department by regulation;
   4. comply with applicable regulations adopted by the department.

History. (§ 2 ch 236 SLA 1976; am § 12 ch 3 SLA 2017)

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, in the introductory language of (b)(3), deleted “but not limited to” preceding “the following elements”.

Sec. 14.12.170. Districts.

For purposes of AS 14.12.150 — 14.12.180 , regional educational attendance areas shall be considered districts.

History. (§ 2 ch 236 SLA 1976; am § 11 ch 94 SLA 1980)

Sec. 14.12.180. Regulations.

The department may adopt regulations necessary to implement the provisions of AS 14.12.150 — 14.12.170 .

History. (§ 2 ch 236 SLA 1976)

Administrative Code. —

For regional resource centers, see 4 AAC 66.

Sec. 14.14.020. Bond required.

Before the officer responsible for custody, investment, or management of school district money enters upon the duties of office, the district, or the municipality if the treasury is centralized, shall obtain a bond with sufficient sureties in an amount equal to the money that may come into the officer’s official custody, but not to exceed $50,000. The bond shall be conditioned on the officer’s honest and faithful disbursement and accounting of all money that may come into the official custody of the officer. The bond shall be filed with the clerk of the school board. This section does not apply to an officer who has been bonded under AS 29.20.610 .

History. (§ 1 ch 98 SLA 1966; am § 21 ch 53 SLA 1973; am § 29 ch 74 SLA 1985)

Sec. 14.14.050. Annual audit.

1. The school board in each school district shall, before October 1 of each year, provide for an audit of all school accounts for the school year ending the preceding June 30.  To make the audit the school board shall contract with a public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the district. One certified copy of the audit shall be filed with the commissioner and one certified copy shall be posted in a public place at the principal administrative office of the district.
2. The audit shall conform in form to requirements established by the commissioner.  The commissioner shall withhold all payments of state funds after November 15 to a school district that fails to file a certified copy of the audit with the department.
3. The commissioner may provide for a reaudit or an audit check in a school district if in the commissioner’s judgment it is necessary to substantiate the reported expenditures.
4. The school board shall not make the audit if an audit that satisfies the requirements of this section and that is filed and posted as required by this section is made according to AS 29.35.120 .

History. (§ 1 ch 98 SLA 1966; am § 22 ch 53 SLA 1973; am § 30 ch 74 SLA 1985)

Revisor’s notes. —

In 1992, in (d) of this section, “AS 29.35.120 ” was substituted for “AS 29.35.110 ” to correct a manifest error in § 30, ch. 74, SLA 1985.

Administrative Code. —

For school operating fund, see 4 AAC 9, art. 2.

Sec. 14.14.060. Relationship between borough school district and borough; finances and buildings.

1. The borough assembly may by ordinance require that all school money be deposited in a centralized treasury with all other borough money.  The borough administrator shall have the custody of, invest, and manage all money in the centralized treasury.  However, the borough assembly, with the consent of the borough school board, may by ordinance delegate to the borough school board the responsibility of a centralized treasury.
2. When the borough school board by resolution consents, the borough assembly may by ordinance provide a centralized accounting system for school and all other borough operations. The system shall be operated in accordance with accepted principles of governmental accounting.  However, the assembly, with the consent of the borough school board, may by ordinance delegate to the borough school board the responsibilities of the accounting system.
3. Except as otherwise provided by municipal ordinance, the borough school board shall submit the school budget for the following school year to the borough assembly by May 1 for approval of the total amount. Within 30 days after receipt of the budget the assembly shall determine the total amount of money to be made available from local sources for school purposes and shall furnish the school board with a statement of the sum to be made available. If the assembly does not, within 30 days, furnish the school board with a statement of the sum to be made available, the amount requested in the budget is automatically approved. Except as otherwise provided by municipal ordinance, by June 30, the assembly shall appropriate the amount to be made available from local sources from money available for the purpose.
4. The borough assembly shall determine the location of school buildings with due consideration to the recommendations of the borough school board.
5. The borough school board is responsible for the design criteria of school buildings.  To the maximum extent consistent with education needs, a design of a school building shall provide for multiple use of the building for community purposes.  Subject to the approval of the assembly, the school board shall select the appropriate professional personnel to develop the designs.  The school board shall submit preliminary and subsequent designs for a school building to the assembly for approval or disapproval; if the design is disapproved, a revised design shall be prepared and presented to the assembly.  A design or revised design approved by the assembly shall be submitted by the board to the department in accordance with AS 14.07.020(a)(11) .
6. The borough school board shall provide custodial services and routine maintenance for school buildings and shall appoint, compensate, and otherwise control personnel for these purposes.  The borough assembly through the borough administrator, shall provide for all major rehabilitation, all construction and major repair of school buildings.  The recommendations of the school board shall be considered in carrying out the provisions of this section.
7. State law relating to teacher salaries and tenure, to financial support, to supervision by the department and other general laws relating to schools, governs the exercise of the functions by the borough. The school board shall appoint, compensate, and otherwise control all school employees and administration officers in accordance with this title.
8. School boards within the borough may determine their own policy separate from the borough for the purchase of supplies and equipment.
9. Notwithstanding (e) and (f) of this section, a borough assembly and a borough school board may divide the duties imposed under (e) and (f) of this section by agreement between the borough assembly and borough school board.

History. (§ 8 ch 118 SLA 1972; am § 11 ch 147 SLA 1978; am § 13 ch 5 SLA 1990; am § 1 ch 1 SLA 1996)

Opinions of attorney general. —

A borough mayor may veto a “local source” resolution adopted pursuant to subsection (c) but may not exercise an item veto on it or on the school budget items in the subsequent appropriation for the schools. May 2, 1977 Op. Att’y Gen.

Sec. 14.14.065. Relationship between city school district and city.

The relationships between the school board of a city school district and the city council and executive or administrator are governed in the same manner as provided in AS 14.14.060 for the school board of a borough school district and the borough assembly and executive or administrator.

History. (§ 1 ch 98 SLA 1966; am § 9 ch 118 SLA 1972)

Sec. 14.14.070. Organization of school board.

Within seven days after the certification of the results of each regular school election, the school board shall meet and elect one of its members as president, one as clerk, and, if necessary, one as treasurer.

History. (§ 1 ch 98 SLA 1966)

Sec. 14.14.080. Declaring a school board vacancy.

When a member of a school board has notice of and is absent from three consecutive regular school board meetings and is not excused by the president of the school board, the other members of the school board may declare the position vacant and shall notify the ex-member by registered mail. The vacancy shall be filled as provided by AS 14.12.070 .

History. (§ 1 ch 98 SLA 1966)

Sec. 14.14.090. Duties of school boards.

In addition to other duties, a school board shall

1. determine and disburse the total amount to be made available for compensation of all school employees and administrative officers;
2. provide for, during the school term of each year, an educational program for each school age child who is enrolled in or a resident of the district;
3. withhold the salary for the last month of service of a teacher or administrator until the teacher or administrator has submitted all summaries, statistics, and reports that the school board may require by bylaws;
4. transmit, when required by the assembly or council but not more often than once a month, a summary report and statement of money expended;
5. keep the minutes of meetings and a record of all proceedings of the school board in a pertinent form;
6. keep the records and files of the school board open to inspection by the public at the principal administrative office of the district during reasonable business hours;
7. establish procedures for the review and selection of all textbooks and instructional materials at least once every 10 years, including textbooks and curriculum materials for statewide correspondence programs, before they are introduced into the school curriculum; the review includes a review for violations of AS 14.18.060 ; nothing in this paragraph precludes a correspondence study student, or the parent or guardian of a correspondence study student, from privately obtaining or using textbooks or curriculum material not provided by the school district;
8. provide prospective employees with information relating to the availability and cost of housing in rural areas to which they might be assigned, and, when possible, assist them in locating housing; however, nothing in this paragraph requires a school district to provide teacher housing, whether district owned, leased, rented, or through other means, nor does it require a school board to engage in a subsidy program of any kind regarding teacher housing;
9. train persons required to report under AS 47.17.020 , in the recognition and reporting of child abuse, neglect, and sexual abuse of a minor;
10. provide for the development and implementation of a preventive maintenance program for school facilities; in this paragraph, “preventive maintenance” means scheduled maintenance actions that prevent the premature failure or extend the useful life of a facility, or a facility’s systems and components, and that are cost-effective on a life-cycle basis;
11. establish procedures for providing the training under AS 14.18.060 , AS 14.20.149 , 14.20.680 , AS 14.30.355 , 14.30.356 , 14.30.362 , AS 14.33.100 , AS 18.66.310 , and AS 47.17.022 ; the procedures established under this paragraph must include a training schedule that ensures that not less than 50 percent of the total certificated staff employed by the district receive all of the training not less than every two years and that all of the certificated staff employed by the district receive all of the training not less than every four years.

History. (§ 1 ch 98 SLA 1966; am § 3 ch 17 SLA 1981; am § 3 ch 105 SLA 1983; am § 3 ch 1 SLA 1986; am § 8 ch 173 SLA 1990; am § 3 ch 130 SLA 2002; am § 4 ch 114 SLA 2003; am § 7 ch 2 SSSLA 2015; am §§ 13, 14 ch 54 SLA 2016; am § 13 ch 3 SLA 2017; am § 5 ch 73 SLA 2018)

Cross references. —

For requirement that school districts, including REAAs, that receive state money comply with agricultural and fisheries products preference laws, see AS 36.15.050 .

Administrative Code. —

For correspondence study programs, see 4 AAC 33, art. 4.

Effect of amendments. —

The 2015 amendment, effective October 7, 2015, added (11) and made related changes.

The 2016 amendment, effective October 26, 2016, in (11), deleted “14.33.127” from the list of sections, substituted “by the district receive” for both “at a school receives and “at each school receives” following “certificated staff employed”.

The 2016 amendment, effective June 30, 2017, in (11), deleted “14.33.127” from the list of sections, and twice substituted “by the district receive” for “at a school receives” or similar.

The 2017 amendment, effective July 1, 2017, in (10), twice substituted “preventive” for “preventative”.

The 2018 amendment, effective October 28, 2018, in (7), inserted “at least once every 10 years” following “instructional materials”.

Opinions of attorney general. —

A book may not be approved for use in publicly provided education if it advocates a partisan, sectarian, or denominational doctrine. To allow otherwise would permit a school board to advocate partisan, sectarian, and denominational doctrines in a public classroom through textbooks. September 20, 2005 Op. Att’y Gen.

Sec. 14.14.100. Bylaws and administrative rules.

1. The school board policies relating to management and control of the district shall be expressed in written bylaws formally adopted at regular school board meetings.
2. Administrative rules that do not embody school district policy need not be adopted as bylaws; however, the rules must be in written form and readily available to all school personnel.

History. (§ 1 ch 98 SLA 1966)

Sec. 14.14.105. Sick leave bank.

A school board may establish a sick leave bank to enable a teacher, because of unusual circumstances, to draw not more than twice the number of days of sick leave the teacher has accumulated before the first day of school in any school year, or 24 days, whichever is greater. However, in a case of severe illness or extreme hardship the board may permit a teacher to draw more leave. The board may establish and administer the sick leave bank independently or jointly with teachers.

History. (§ 1 ch 76 SLA 1971; am § 1 ch 142 SLA 1976; am § 1 ch 21 SLA 1986)

Sec. 14.14.107. Sick leave and sick leave transfer.

1. Every school district shall allow its certificated employees one and one-third days of sick leave a month with unlimited accumulation of sick leave days.
2. A certificated school district employee who changes employment from one school district to another district, or from a school district to the department, or from the department to a school district, may transfer all of the cumulative sick leave to the new employer.  It is the responsibility of the employee to notify the new employer, within 90 days of commencing work, of the number of days to be transferred.
3. The department may implement this section by regulation.

History. (§ 1 ch 99 SLA 1974; am § 1 ch 118 SLA 1978)

Administrative Code. —

For allowances for professional personnel, see 4 AAC 15.

Sec. 14.14.110. Cooperation with other districts.

1. When necessary to provide more efficient or more economical educational services, a district may cooperate or the department may require a district to cooperate with other districts, state-operated schools, or the Bureau of Indian Affairs in providing educational or administrative services. However, if a cooperative arrangement requires pupils to live away from their usual homes, the school board shall provide classes within the attendance area when there are at least eight children eligible to attend elementary and secondary school in the attendance area. In this subsection,
   1. “administrative services” includes supervisory, maintenance, purchasing, or other services that are required for unified administration;
   2. “educational services” includes boarding and tuition arrangements, pupil or teacher exchanges, special education services, or curriculum development.
2. The department may prescribe the terms and conditions of any contract entered into under (a) of this section.
3. A contract for the operation of schools on military reservations by a city or borough school district under AS 14.12.020(a) and in (a) of this section must include, in addition to the terms and conditions prescribed by the department under (b) of this section, provisions for the following:
   1. the educational program provided by the school district in the schools on the military reservation shall be comparable to the program provided by the school district in its nonmilitary reservation schools; and
   2. the school district shall be fully reimbursed for the cost of operation of the schools on a military reservation.
4. The department shall annually prepare a report on the cooperative arrangements entered into under (a) of this section, and shall include in the report the estimated cost savings resulting from the cooperative arrangements. The department shall notify the legislature that the report is available.

History. (§ 1 ch 98 SLA 1966; am § 2 ch 64 SLA 1972; am § 2 ch 72 SLA 1974; am § 3 ch 13 SLA 1975; am §§ 1, 2 ch 136 SLA 1990; am § 10 ch 21 SLA 1995)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

For correspondence study programs, see 4 AAC 33, art. 4.

Sec. 14.14.115. Cooperative arrangement grant program for school districts.

1. To encourage cooperative arrangements between school districts to provide more efficient or economical administrative or educational services, a school district may receive a one-time cooperative arrangement grant from the department of up to $100,000.
2. [Repealed, § 12 ch 42 SLA 1997.]
3. In this section,
   1. “administrative services” and “educational services” have the meanings given in AS 14.14.110(a) ;
   2. “district” has the meaning given in AS 14.17.990 .

History. (§ 1 ch 75 SLA 1992; am § 12 ch 42 SLA 1997; am § 18 ch 83 SLA 1998)

Sec. 14.14.120. Inoperative district.

1. When there are fewer than eight children eligible to attend elementary and secondary school in a district, the school board may declare the district inoperative for that school year.
2. During the school year in which a district is inoperative, the school board shall perform those functions necessary to preserve the financial integrity of the district, to preserve the property and assets of the district, and to otherwise ensure against disruption of the continuity of the district business.
3. An inoperative school board shall, if practicable, pay the tuition and boarding costs necessary to enable the school age children within the district to attend school in another district. If a child in an inoperative school district is not attending school in another district, the department shall provide information on correspondence courses and other materials and charge the school board of the inoperative district an amount equal to the actual cost to the department.
4. The terms of office of a school board are not affected by a declaration that the district is inoperative. However, new board members may not be elected during the time a district is inoperative.  In the event more than three terms expire during the time a district is inoperative the functions of the school board shall be assumed by the assembly or council until the district becomes operative.  When the district becomes operative an expired school board term shall be filled by the assembly or council until the next regular school election when a school board member shall be elected to serve the balance of the term.

History. (§ 1 ch 98 SLA 1966; am § 5 ch 114 SLA 2003)

Effect of amendments. —

The 2003 amendment, effective July 1, 2004, inserted “information on” in the second sentence in subsection (c).

Sec. 14.14.130. Chief school administrator.

1. A school board may select and employ a qualified person as the chief school administrator for the district. In this subsection, “employ” includes employment by contract.
2. If the district employs a chief school administrator, the administrator shall administer the district in accordance with the policies that the school board prescribes by bylaw.
3. If the district employs a chief school administrator, the administrator shall select, appoint, and otherwise control all school district employees that serve under the chief school administrator subject to the approval of the school board.
4. This section does not prohibit two or more school districts from sharing the services of a chief school administrator.

History. (§ 1 ch 98 SLA 1966; am § 1 ch 29 SLA 1969; am §§ 3, 4 ch 136 SLA 1990; am §§ 19 — 21 ch 83 SLA 1998)

Sec. 14.14.140. Restriction on employment; compensation of board members.

1. While serving on the school board, a member may not be employed by that local school board. Members of the immediate family of a school board member may not be employed by the school board except upon written approval of the commissioner.
2. Members of the immediate family of a chief school administrator may not be employed by the chief school administrator except upon written approval of the school board.
3. A school board member may receive compensation for time spent in the performance of duties as a school board member if the compensation is authorized by resolution adopted by the school board.  The restriction in (a) of this section does not apply to this compensation.

History. (§ 1 ch 98 SLA 1966; am § 2 ch 29 SLA 1969; am § 5 ch 24 SLA 1979; am § 2 ch 26 SLA 1980)

Administrative Code. —

For employment of professional personnel, see 4 AAC 18.

Opinions of attorney general. —

Subsection (a) should be read to prohibit a local school board from hiring a new employee who is an immediate family member of a school board member unless written approval is obtained from the commissioner. However, the statute places no restriction on the continued employment of an individual whose immediate family member is seated on the school board after the individual’s initial hiring. October 24, 1994, Op. Att’y Gen.

Sec. 14.14.150. Association of Alaska School Boards the representative agency of board members.

The Association of Alaska School Boards is recognized as the organization and representative agency of the members of the school boards of the state.

History. (§ 1 ch 98 SLA 1966)

Sec. 14.14.160. Cooperation and support of certain association functions.

1. The department and local districts may cooperate with the Association of Alaska School Boards in its inservice training program for school board members and in encouraging and fostering cooperation among the school boards affiliated with the Association of Alaska School Boards.
2. School districts may expend district money to carry out the provisions of (a) of this section.

History. (§ 1 ch 98 SLA 1966)

Secs. 14.14.170 — 14.14.200. Community school committees; qualifications of members and voters; terms of office and vacancies; duties. [Repealed, § 6 ch 24 SLA 1979.]

Sec. 14.14.250. Establishment of committee.

A school board may create a committee or other advisory body on the involvement of young people in school governance.

History. (§ 4 ch 40 SLA 1972)

Sec. 14.14.260. Composition and chairman.

The committee may consist of not more than nine members, drawn from the fields of public affairs, education, the sciences, the professions, other fields of private endeavor, from the state or local service, and three additional members from the 17-22 age group, and shall include women and representatives of minority groups. The members shall be appointed by the board in the manner prescribed by the board without regard to political affiliation and shall serve at the pleasure of that body. One member shall be designated by the board as chairman of the committee.

History. (§ 4 ch 40 SLA 1972)

Sec. 14.14.270. Compensation and per diem.

Members of the committee or other advisory body serve without compensation but are entitled to per diem and travel expenses as may be authorized by the board.

History. (§ 4 ch 40 SLA 1972)

Sec. 14.14.280. Functions of the committee.

1. The committee shall establish procedures to enable it to recommend annually to the board a group of promising young men and women from whom the board may select interns and youth voting members of district committees or other advisory bodies.  The committee, in establishing these procedures, shall enlist the aid of district residents who are actively interested in working with young people.  Following adoption of the procedures, the committee shall accept applications from individuals and nominations for consideration, and shall interview all applicants or nominees.
2. Recommendations of the committee shall be limited to young people who
   1. have a capacity, desire, interest, ability, and potential for leadership and service to the community and to the state;
   2. will have attained the age of 17 but not the age of 22 before the beginning of their service.
3. Annually, the committee shall evaluate the program and shall submit a written report to the board.

History. (§ 4 ch 40 SLA 1972)

Sec. 14.14.290. Interns.

An intern may be appointed to serve on the staff of the board or the district administrator for a period of time prescribed by the board, with a maximum of one year. An intern may be assigned responsibilities in any office, department, or agency of the district. Service begins at a time prescribed by the board. Interns shall be appointed without regard to political affiliation. Salaries shall be individually established by the board on the basis of prior experience and the responsibilities of the position to which the intern is assigned.

History. (§ 4 ch 40 SLA 1972)

Sec. 14.14.300. Appointment to district committees or other advisory bodies.

1. Notwithstanding AS 39.05.100 or a provision of law relating to age, the board may appoint any 17-21 year old district resident to a district committee or advisory body if recommended by the youth involvement committee.
2. A young person recommended by the committee may be appointed to district committees or advisory bodies with special qualifications for membership if the proposed nominee meets the required qualifications set by law, except for age.
3. An individual appointed to a district committee or advisory body under this section is entitled to the rights, privileges, and responsibilities of other members, and the appointment is subject to confirmation by the board when required by law. An additional seat on a district committee or advisory body is not created by virtue of AS 14.14.250 — 14.14.310 .

History. (§ 4 ch 40 SLA 1972)

Sec. 14.14.310. Definitions.

In AS 14.14.250 — 14.14.310 ,

1. “board” means the governing body of a borough or city school district or regional educational attendance area;
2. “district” means a borough, city, or regional educational attendance area.

History. (§ 4 ch 40 SLA 1972; am § 11 ch 124 SLA 1975)

Sec. 14.16.010. Establishment of state boarding schools.

The department may establish and operate boarding schools, to be managed in accordance with this chapter. A state boarding school must offer a secondary education curriculum to students enrolled in it, and must provide domiciliary services for students needing such services, if approved by the board.

History. (§ 1 ch 73 SLA 1988; am § 4 ch 113 SLA 1997)

Sec. 14.16.020. Operation of state boarding schools.

In the management of state boarding schools, the board shall

1. adopt a philosophy of education for state boarding schools;
2. approve the employment of personnel necessary to operate state boarding schools;
3. establish the salaries and benefits to be paid teachers, excluding administrators;
4. designate the employees authorized to direct disbursements from the money appropriated for the operation of state boarding schools and for the construction of facilities;
5. provide custodial services and routine maintenance of physical facilities;
6. establish procedures for the development and implementation of curriculum and the selection and use of textbooks and instructional materials; the procedures must require a review of textbooks and instructional materials at least once every 10 years;
7. prescribe health evaluation and placement screening programs for newly admitted students;
8. establish procedures for staff evaluation; and
9. establish procedures for providing the training under AS 14.18.060 , AS 14.20.149 , 14.20.680 , AS 14.30.355 , 14.30.356 , 14.30.362 , AS 14.33.100 , AS 18.66.310 , and AS 47.17.022 ; the procedures established under this paragraph must include a training schedule that ensures that not less than 50 percent of the total certificated staff employed by the district receive all of the training not less than every two years and that all of the certificated staff employed by the district receive all of the training not less than every four years.

History. (§ 1 ch 73 SLA 1988; am § 5 ch 113 SLA 1997; am § 22 ch 83 SLA 1998; am § 8 ch 2 SSSLA 2015; am §§ 15, 16 ch 54 SLA 2016; am § 6 ch 73 SLA 2018)

Effect of amendments. —

The 2015 amendment, effective October 7, 2015, rewrote (9), which read “provide staff training”.

The 2016 amendment, effective October 26, 2016, in (9), deleted “14.33.127” from the list of sections, substituted “by the district receive” for both “at a school receives and “at each school receives” following “certificated staff employed”.

The 2016 amendment, effective June 30, 2017, in (9), deleted “14.33.127” from the list of sections, and twice substituted “by the district receive” for “at a school receives” or similar.

The 2018 amendment, effective October 28, 2018, in (6), added “the procedures must require a review of textbooks and instructional materials at least once every 10 years;” at the end.

Sec. 14.16.030. Admission to school.

1. A state boarding school may admit students who are qualified in accordance with applicable admission standards. Preference for enrollment must be given to students currently enrolled at a boarding school and to students whose educational, emotional, or family requirements warrant attendance in a domiciliary environment.
2. The board shall prescribe admission standards and procedures by regulation. Admission standards may not discriminate in favor of or against any resident based on race, sex, creed, national origin, or the location or type of residence within the state.

History. (§ 1 ch 73 SLA 1988; am § 6 ch 113 SLA 1997)

Administrative Code. —

For admissions to Mt. Edgecumbe High School, a boarding school, see 4 AAC 33.080.

For special schools, see 4 AAC 33, art. 1.

Sec. 14.16.040. Status of state boarding school.

A state boarding school is a public school of the state.

History. (§ 1 ch 73 SLA 1988; am § 7 ch 113 SLA 1997)

Sec. 14.16.050. Applicability of education laws.

1. The following provisions apply with respect to the operation and management of a state boarding school as if it were a school district:
   1. requirements relating to school district operations:
      1. AS 14.03.030 — 14.03.050 (defining the school term, day in session, and school holidays);
      2. AS 14.03.083 — 14.03.140 (miscellaneous provisions applicable to school district operations);
      3. regulations adopted by the board under authority of AS 14.07.020(a) that are applicable to school districts and their schools, unless the board specifically exempts state boarding schools from compliance with a regulation;
      4. AS 14.12.150 (authorizing school districts to establish and participate in the services of a regional resource center);
      5. AS 14.14.050 (imposing the requirement of an annual audit);
      6. AS 14.14.110 (authorizing cooperation with other school districts);
      7. AS 14.14.140(b) (establishing a prohibition on employment of a relative of the chief school administrator);
      8. AS 14.18 (prohibiting discrimination based on sex in public education);
   2. requirements relating to the public school funding program and the receipt and expenditure of that funding:
      1. AS 14.17.500 (relating to student count estimates);
      2. AS 14.17.505 (relating to school operating fund balances);
      3. AS 14.17.500 — 14.17.910 (setting out the procedure for payment of public school funding and imposing general requirements and limits on money paid);
   3. requirements relating to teacher employment and retirement:
      1. AS 14.14.105 and 14.14.107 (relating to sick leave);
      2. AS 14.20.095 — 14.20.215 (relating to the employment and tenure of teachers);
      3. AS 14.20.220 (relating to the salaries of teachers employed);
      4. AS 14.20.280 — 14.20.350 (relating to sabbatical leave provisions for teachers);
      5. AS 23.40.070 — 23.40.260 (authorizing collective bargaining by certificated employees), except with regard to teachers who are administrators and except that the board may delegate some or all of its responsibilities under those statutes;
      6. AS 14.25 (provisions regarding the teachers’ retirement system);
   4. requirements relating to students and educational programs:
      1. AS 14.30.180 — 14.30.350 (relating to educational services for children with disabilities);
      2. AS 14.30.360 — 14.30.370 (establishing health education program standards);
      3. AS 14.30.400 — 14.30.410 (relating to bilingual and bicultural education).
2. A person employed as a teacher at Mt. Edgecumbe High School on May 28, 1988, acquires tenure rights in accordance with AS 14.20.150 and 14.20.155 as though the person had been employed by a school district.

History. (§ 1 ch 73 SLA 1988; am § 1 ch 1 SLA 1992; am § 8 ch 113 SLA 1997; am §§ 23, 39 ch 83 SLA 1998; am § 1 ch 67 SLA 2001)

Revisor’s notes. —

Subparagraphs (a)(1)(G) and (a)(1)(H) were enacted as (a)(1)(H) and (a)(1)(I), respectively. Relettered in 1998 to reflect the 1998 repeal of former (a)(1)(G).

Cross references. —

For provision suspending the application of the school experience factor authorized by (a)(3)(C) of this section for the period beginning July 1, 2009, and ending June 30, 2011, and prohibiting the reduction of teachers’ salaries affected by the suspension after the end of the suspension period, see § 1, ch. 18, SLA 2009, in the 2009 Temporary and Special Acts.

Administrative Code. —

For regional resource centers, see 4 AAC 66.

Sec. 14.16.060. Status of employees.

The employees of a state boarding school are state employees.

History. (§ 1 ch 73 SLA 1988; am § 9 ch 113 SLA 1997)

Sec. 14.16.070. Applicability of Public Employment Relations Act.

AS 23.40.070 — 23.40.260 (Public Employment Relations Act) apply to the employees of a state boarding school.

History. (§ 1 ch 73 SLA 1988; am § 2 ch 1 SLA 1992; am § 10 ch 113 SLA 1997)

Sec. 14.16.080. Financial provisions applicable to state boarding school.

1. AS 14.17.440 applies to the calculation of public school funding payable for operation of a state boarding school.
2. In the transmittals required by AS 37.07.060 — 37.07.062 , the governor shall request amounts for the expenses of construction, rehabilitation, and improvement of the facilities of a state boarding school.
3. Unless specified otherwise in any appropriation bill, AS 37.25.010 does not apply to an appropriation made for the purposes of (a) of this section.
4. AS 37.25.020 applies to money appropriated for the purposes of (b) of this section.
5. For purposes of application for and receipt of federal aid to education, a state boarding school constitutes a local educational agency.

History. (§ 1 ch 73 SLA 1988; am §§ 11 — 13 ch 113 SLA 1997; am § 24 ch 83 SLA 1998)

Sec. 14.16.100. Application for residential school.

Before establishing a residential school, a school district shall apply to the department for approval to establish and operate a statewide or district-wide residential school. The department shall accept applications during an open application period conducted annually. A period of open application in itself does not indicate that the department will approve the establishment of a new residential school.

History. (§ 22 ch 15 SLA 2014; am § 19 ch 22 SLA 2015)

Cross references. —

For governor's transmittal letter for ch. 15, SLA 2014, see 2014 House Journal 1434 — 1437.

Effect of amendments. —

The 2015 amendment, effective May 15, 2015, substituted “Before establishing a residential school, a school” for “A school”.

Effective dates. —

Section 62, ch. 15, SLA 2014 makes this section effective July 1, 2014.

Sec. 14.16.200. State funding for districts operating residential schools.

1. A district that operates a statewide or district-wide residential school for students in grades nine through 12 that has been approved by the department under regulations adopted by the board is eligible to receive a boarding stipend as reimbursement for the costs incurred by the district in operating that school. To be eligible for reimbursement for costs, a statewide or district-wide residential school operated by a district must provide a suitable student dormitory, food service, and daily access to a public school offering the appropriate grade level for a variable-length or 180-day school term as provided under AS 14.03.030 for the full school year.
2. Costs that may be claimed by a district for reimbursement under (a) of this section are
   1. one round trip on the least expensive means of transportation between the student’s community of residence and the school during the school year if the district expends money for the trip; and
   2. a per-pupil monthly stipend to cover room and board expenses as determined by the department on a regional basis and not to exceed the following amounts:
      1. for the Southeast Region (Region I), $1,230;
      2. for the Southcentral Region (Region II), $1,200;
      3. for the Interior Region (Region III), $1,452;
      4. for the Southwest Region (Region IV), $1,509;
      5. for the Northern Remote Region (Region V), $1,776.
3. [Repealed, § 4 ch 48 SLA 2013.]
4. A district may cooperate with an Alaska Native organization, as defined in 20 U.S.C. 7546(2), or a nonprofit organization for the provision of room and board services to students enrolled in a statewide or district-wide residential school operated by a district under terms and conditions required for licensing in the state and as specified by the department in regulation.
5. In this section, “district” has the meaning given in AS 14.17.990 .

History. (§ 1 ch 54 SLA 2006; am § 1 ch 7 FSSLA 2011; am §§ 1 — 4 ch 48 SLA 2013; am § 23 ch 15 SLA 2014)

Revisor’s notes. —

Paragraph (b)(2) of this section sets per-pupil monthly stipends on a regional basis for each of five regions. For school districts that comprise each of the regions, with per-pupil monthly stipend rates corresponding to the rates set out in each of subparagraphs (A) — (E) of paragraph (b)(2), see part IVB, “Payment Rates,” set out in the Boarding Home Program Application Instructions and Payment Rates Effective July 1, 2005, through June 30, 2006, form #05-96-022 of the Alaska Department of Education and Early Development.

Subsection (c) was enacted as (d) and relettered in 2011, at which time former subsection (c) was relettered as (d).

Subsection (d) was enacted as (e) and relettered in 2013.

Cross references. —

For reimbursement for room and board for fiscal years 2012 and 2013, see § 13, ch. 7, FSSLA 2011, in the 2011 Temporary and Special Acts.

For governor’s transmittal letter for ch. 15, SLA 2014, which amended (b) of this section, see 2014 House Journal 1434 — 1437.

Administrative Code. —

For special schools, see 4 AAC 33, art. 1.

Effect of amendments. —

The 2011 amendment, effective July 23, 2011, added (c).

The 2013 amendment, effective July 1, 2013, in (a), in the first sentence, substituted “A district that operates a statewide or district-wide residential school for students” for “A district that, before January 1, 2005, began operating a statewide residential educational program for students”, inserted “a boarding stipend as” following “eligible to receive”, substituted “school” for “program” at the end; in the second sentence substituted “a statewide or district-wide residential school operated by a district” for “the district-operated statewide residential educational program”, inserted “, food service,” following “suitable student dormitory”, and added “for a variable-length or 180-day school term as provided under AS 14.03.030 for the full school year” at the end; in (b)(2)(A), substituted “$820” for “$410”, in (b)(2)(B), substituted “$800” for “$400”, in (b)(2)(C), substituted “$968” for “$484”, in (b)(2)(D), substituted “$1,006” for “$503”, in (b)(2)(E), substituted “$1,184” for “$592”; repealed (c) and former (d)(2), defining “district-operated statewide residential educational program”; added (e) (now (d)).

The 2014 amendment, effective July 1, 2014, in (b)(2), changed the amounts of the stipends as follows: in (b)(2)(A), from $820 to $1,230, in (b)(2)(B), from $800 to $1,200, in (b)(2)(C), from $968 to $1,452, in (b)(2)(D), from $1,006 to $1,509, and in (b)(2)(E), from $1,184 to $ 1,776.

Sec. 14.17.010. Public school foundation account. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.020. State aid. [Repealed, § 1 ch 238 SLA 1970.]

Secs. 14.17.021 — 14.17.022. State foundation aid; money for centralized correspondence study. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.023. Secondary formula account. [Repealed, § 25 ch 91 SLA 1987.]

Secs. 14.17.024 — 14.17.026. Money for state boarding schools; local contributions; supplementary state aid for regional educational attendance areas. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.027. Revenue adjustment. [Repealed, § 25 ch 91 SLA 1987.]

Sec. 14.17.030. Required local effort. [Repealed, § 11 ch 95 SLA 1969.]

Sec. 14.17.031. Allowable instructional units. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.040. Basic need. [Repealed, § 1 ch 238 SLA 1970.]

Secs. 14.17.041 — 14.17.047. Elementary and secondary, vocational, special and bilingual educational instructional units. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.050. Teachers’ salary allotment. [Repealed, § 1 ch 238 SLA 1970.]

Secs. 14.17.051 — 14.17.056. Area cost differential; instructional unit value. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.060. Average daily membership allotment. [Repealed, § 1 ch 238 SLA 1970.]

Sec. 14.17.061. Supplemental programs. [Repealed, § 25 ch 91 SLA 1987.]

Sec. 14.17.070. Attendance center allotment. [Repealed, § 1 ch 238 SLA 1970.]

Sec. 14.17.071. Required local effort. [Repealed, § 21 ch 26 SLA 1980.]

Sec. 14.17.075. Supplemental allocation. [Repealed, § 1 ch 238 SLA 1970.]

Sec. 14.17.080. Student count estimates. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.081. Minimum expenditure for instruction. [Repealed, § 15 ch 75 SLA 1986.]

Sec. 14.17.082. Fund balance in school operating fund. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.090. Estimated average daily membership. [Repealed, § 25 ch 91 SLA 1987.]

Secs. 14.17.100 — 14.17.120. Computation of teachers’ salary allotment, average daily membership allotment, and attendance center allotment. [Repealed, § 2 ch 238 SLA 1970.]

Sec. 14.17.130. Computation of required local effort. [Repealed, § 11 ch 95 SLA 1969.]

Sec. 14.17.139. [Renumbered as AS 14.12.025.]

Sec. 14.17.140. Determination of full and true value by Department of Community and Regional Affairs. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.150. Duty of commissioner to examine and tabulate computations. [Repealed, § 25 ch 91 SLA 1987.]

Secs. 14.17.160 — 14.17.170. Student counting periods; distribution of state foundation aid. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.180. Payment under final computation. [Repealed, § 25 ch 91 SLA 1987.]

Sec. 14.17.190. Restrictions governing receipt and expenditure of money from public school foundation account. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.200. Regulations. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.205. State aid to districts operating approved school food service programs. [Repealed, § 25 ch 91 SLA 1987.]

Sec. 14.17.210. State aid to newly established district schools. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.215. State aid to districts affected by state activities. [Repealed, § 20 ch 26 SLA 1980.]

Secs. 14.17.220 — 14.17.225. Purpose; construction and implementation of chapter; pro rata reductions. [Repealed, § 39 ch 83 SLA 1998.]

Secs. 14.17.230 — 14.17.240. Transition; repealer. [Repealed, § 2 ch 71 SLA 1972.]

Sec. 14.17.250. Definitions. [Repealed, § 39 ch 83 SLA 1998.]

Sec. 14.17.300. Public education fund.

1. The public education fund is established. The fund consists of appropriations for
   1. distribution to school districts, to the state boarding school, and for centralized correspondence study under this chapter; and
   2. transportation of pupils under AS 14.09.010 .
2. Money appropriated to the fund may be expended without further appropriation. Money appropriated to the fund does not lapse. The money in the fund may be expended only in aid of public schools and for centralized correspondence study programs under this chapter and for transportation of pupils under AS 14.09.010 . Interest earned on money held in the fund before expenditure may be appropriated to the fund by the legislature.

History. (§ 2 ch 83 SLA 1998; am § 1 ch 4 SLA 2005)

Cross references. —

For statement of legislative intent regarding appropriation to this fund of a portion of proceeds obtained from the retrospective application of certain provisions of the 2007 amendments of the production tax on oil and gas (AS 43.55), as authorized by ch. 74, SSSLA 2007, see § 1(c), ch. 1, SSSLA 2007.

Effect of amendments. —

The 2005 amendment, effective April 2, 2005, rewrote this section.

Sec. 14.17.400. State aid for districts.

1. The state aid for which a school district is eligible in a fiscal year is equal to the amount for which a district qualifies under AS 14.17.410 .
2. If the amount appropriated to the public education fund for purposes of this chapter is insufficient to meet the amounts authorized under (a) of this section for a fiscal year, the department shall reduce pro rata each district’s basic need by the necessary percentage as determined by the department. If the basic need of each district is reduced under this subsection, the department shall also reduce state funding for centralized correspondence study and the state boarding school by the same percentage.

History. (§ 2 ch 83 SLA 1998; am § 2 ch 4 SLA 2005)

Sec. 14.17.410. Public school funding.

1. A district is eligible for public school funding in an amount equal to the sum calculated under (b) and (c) of this section.
2. Public school funding consists of state aid, a required local contribution, and eligible federal impact aid determined as follows:
   1. state aid equals basic need minus a required local contribution and 90 percent of eligible federal impact aid for that fiscal year; basic need equals the sum obtained under (D) of this paragraph, multiplied by the base student allocation set out in AS 14.17.470 ; district adjusted ADM is calculated as follows:
      1. the ADM of each school in the district is calculated by applying the school size factor to the student count as set out in AS 14.17.450 ;
      2. the number obtained under (A) of this paragraph is multiplied by the district cost factor described in AS 14.17.460 ;
      3. 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) ;
      4. 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;
      5. 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:
         1. 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;
         2. 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;
         3. 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;
      6. 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;
      7. 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;
      8. 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:
         1. 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;
         2. 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;
         3. for the fourth fiscal year after the base fiscal year, the district’s ADM of the consolidated schools as adjusted under (A) — (C) of this paragraph is calculated by dividing the sum of the district’s ADM of the consolidated schools as adjusted under (A) — (C) of this paragraph for the base fiscal year by the sum of the district’s ADM of the consolidated schools for the base fiscal year without adjustment, and subtracting the quotient obtained by dividing the sum of the district’s ADM of the consolidated schools for the current fiscal year as adjusted under (A) — (C) of this paragraph by the sum of the district’s ADM of the consolidated schools for the current fiscal year, multiplying that number by the sum of the district’s ADM of the consolidated schools for the current fiscal year without adjustment, multiplying that number by 33 percent, and adding that number to the sum of the district’s ADM of the consolidated schools for the current fiscal year as adjusted under (A) — (C) of this paragraph;
         4. 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;
      9. 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;
      10. a district may not offset a decrease under (H) of this paragraph if
          1. a new facility is constructed in the district for the consolidation; or
          2. the district offset a decrease under (E) of this paragraph in the same fiscal year;
      11. 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
          1. seven or more years have passed since the school closure; and
          2. the district provides evidence satisfactory to the department that the schools affected by the consolidation are over capacity;
      12. 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;
      13. 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.
3. In addition to the local contribution required under (b)(2) of this section, a city or borough school district in a fiscal year may make a local contribution of not more than the greater of
   1. the equivalent of a two 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 ; or
   2. 23 percent of the total of the district’s basic need for the fiscal year under (b)(1) of this section and any additional funding distributed to the district in a fiscal year according to (b) of this section.
4. State aid may not be provided to a city or borough school district if the local contributions required under (b)(2) of this section have not been made.
5. If a city or borough school district is established after July 1, 1998, for the first three fiscal years in which the city or borough school district operates schools, local contributions may be less than the amount that would otherwise be required under (b)(2) of this section, except that
   1. in the second fiscal year of operations, local contributions must be at least the greater of
      1. the local contributions, excluding federal impact aid, for the previous fiscal year; or
      2. the sum of 10 percent of the district’s eligible federal impact aid for that year and the equivalent of a one mill tax levy on the full and true value of the taxable real and personal property in the city or borough school 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 ; and
   2. in the third year of operation, local contributions must be at least the greater of
      1. the local contributions, excluding federal impact aid, for the previous fiscal year; or
      2. the sum of 10 percent of the district’s eligible federal impact aid for that year and the equivalent of a two 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 .
6. A school district is eligible for additional state aid in the amount by which the local contributions that would otherwise have been required under (b)(2) of this section exceed the district’s actual local contributions under (e) of this section.

History. (§ 2 ch 83 SLA 1998; am § 3 ch 9 SLA 2008; am § 2 ch 7 FSSLA 2011; am §§ 3, 4 ch 19 SLA 2012; am § 24 ch 15 SLA 2014; am § 1 ch 82 SLA 2018)

Revisor's notes. —

In 1999, “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in subsections (b), (c), and (e) of this section in accordance with § 91(a)(2), ch. 58, SLA 1999. In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (b), (c), and (e) of this section, in accordance with § 3, ch. 47, SLA 2004.

Cross references. —

For provision providing that the 2018 amendment of subsection (b) “applies to schools that consolidate on or after August 11, 2018”, see sec. 3, ch. 82, SLA 2018, in the 2018 Temporary and Special Acts.

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Effect of amendments. —

The 2011 amendment, effective July 23, 2011, added “and the high school vocational education factor set out in AS 14.17.420(a)(3) ” at the end of (b)(1)(C).

The 2012 amendment, effective July 1, 2012, in (b)(1)(C), substituted “secondary school vocational and technical instruction funding” for “high school vocational education”, in (b)(2), substituted “2.65 mill” for “four mill”, in (e)(1)(B), substituted “one mill” for “two mill”, and in (e)(2)(B), substituted “two mill” for “three mill”.

The 2014 amendment, effective July 1, 2014, rewrote (c)(2), which read, “23 percent of the district’s basic need for the fiscal year under (b)(1) of this section”.

The 2018 amendment, effective August 11, 2018, in (b)(1)(D), added “or under (H) and (I) of this paragraph” at the end, added (b)(1)(H) – (M).

Sec. 14.17.420. Funding for special needs, secondary school vocational and technical instruction, and intensive services.

1. As a component of public school funding, a district is eligible for special needs and secondary school vocational and technical instruction funding and may be eligible for intensive services funding as follows:
   1. special needs funding is available to a district to assist the district in providing special education, gifted and talented education, vocational education, and bilingual education services to its students; a special needs funding factor of 1.20 shall be applied as set out in AS 14.17.410(b)(1) ;
   2. in addition to the special needs funding for which a district is eligible under (1) of this subsection, a district is eligible for intensive services funding for each special education student who needs and receives intensive services and is enrolled on the last day of the count period; for each such student, intensive services funding is equal to the intensive student count multiplied by 13;
   3. in addition to the special needs and intensive services funding available under (1) and (2) of this subsection, secondary school vocational and technical instruction funding is available to assist districts in providing vocational and technical instruction to students who are enrolled in a secondary school; a secondary school vocational and technical instruction funding factor of 1.015 shall be applied as set out in AS 14.17.410(b)(1) ; in this paragraph, “vocational and technical instruction” excludes costs associated with
      1. administrative expenses; and
      2. instruction in general literacy, mathematics, and job readiness skills.
2. If a district offers special education, gifted and talented education, vocational education, or bilingual education services, in order to receive funding under (a)(1) of this section, the district must file with the department a plan that indicates the services that will be provided to students who receive these services.
3. In this section, “intensive services” has the meaning given by the department by regulation adopted under AS 14.30.180 — 14.30.350 .

History. (§ 2 ch 83 SLA 1998; am §§ 4 — 6 ch 9 SLA 2008; am § 3 ch 7 FSSLA 2011; am § 5 ch 19 SLA 2012)

Administrative Code. —

For statewide goals, see 4 AAC 4.

For state aid, see 4 AAC 9, art. 1.

For bilingual-bicultural education, see 4 AAC 34.

For program administration: children with disabilities, see 4 AAC 52, art. 2.

For program administration: gifted children, see 4 AAC 52, art. 3.

Effect of amendments. —

The 2011 amendment, effective July 23, 2011, inserted “and high school vocational and technical instruction” in the introductory paragraph in (a), added (a)(3), and made a related change.

The 2012 amendment, effective July 1, 2012, substituted “secondary school vocational” for “high school vocational” in the introductory language of (a) and near the beginning of (a)(3); in the introductory language of (a)(3), substituted “a secondary school” for “grades nine through twelve” following “who are enrolled in” near the middle and substituted “a secondary school vocational and technical instruction funding factor of 1.015” for “a high school vocational and technical instruction funding factor of 1.01”.

Sec. 14.17.430. State funding for correspondence study.

Except as provided in AS 14.17.400(b) , funding for the state centralized correspondence study program or a district correspondence program, including a district that offers a statewide correspondence study program, includes an allocation from the public education fund in an amount calculated by multiplying the ADM of the correspondence program by 90 percent.

History. (§ 2 ch 83 SLA 1998; am § 3 ch 4 SLA 2005; am § 25 ch 15 SLA 2014)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

For correspondence study programs, see 4 AAC 33, art. 4.

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, substituted “90 percent” for “80 percent” at the end.

Opinions of attorney general. —

A book may not be approved for use in publicly provided education if it advocates a partisan, sectarian, or denominational doctrine. To allow otherwise would permit a school board to advocate partisan, sectarian, and denominational doctrines in a public classroom through textbooks. September 20, 2005 Op. Att’y Gen.

Sec. 14.17.440. State funding for state boarding schools.

1. 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 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 .
2. State boarding schools are also eligible for intensive services funding under AS 14.17.420(a)(2) .

History. (§ 2 ch 83 SLA 1998; am § 4 ch 4 SLA 2005; am § 4 ch 7 FSSLA 2011; am § 6 ch 19 SLA 2012)

Effect of amendments. —

The 2011 amendment, effective July 23, 2011, inserted “and the high school vocational education factor set out in AS 14.17.420(a)(3) ” in (a)(2).

The 2012 amendment, effective July 1, 2012, in (a)(2), substituted “secondary school vocational and technical instruction funding” for “high school vocational education”.

Sec. 14.17.450. School size factor.

1. For purposes of calculating a school’s ADM to determine state aid, the ADM of each school in a district shall be computed by applying the following formula:
2. If the ADM in a school is less than 10, those students shall be included in the ADM of the school in that district with the lowest ADM as determined by the most recent student count data for that district.
3. Except as provided in (d) of this section, if the student count in a charter school is less than 150, the adjusted student count for the school shall be calculated by multiplying the student count by the student rate for a school that has a student count of 400.
4. If a charter school has a student count of at least 75 but less than 150 for the current year and is in the first three years of operation or had a student count of at least 75 in the previous year of operation,
   1. the adjusted student count for the school shall be calculated by multiplying the student count by the student rate for a school that has a student count of 150; and
   2. not later than February 15, the charter school shall submit for approval of the governing board of the district a plan for the following school year that includes a statement about whether the school will continue to operate if the student count remains the same that year and, if so, a projection of the funding anticipated from the state and other sources, a proposed budget, and a description of anticipated changes to the school staff, program, and curriculum; if the school intends to close if the student count remains the same the following year, the plan must describe transfer plans for students, staff, facilities, and materials.
5. If an alternative school has a student count of more than 120 but less than 175 for the current year and is in the first year of operation or had a student count of 175 or more in the previous year of operation, the adjusted student count for the school shall be calculated by multiplying the student count by 95 percent of the student rate for a school that has a student count of 175.
6. In (c) — (e) of this section, “student rate” is calculated by adding the base and the multiplier provided under (a) of this section and dividing the sum by the student count.

If the student count in a school is The adjusted student count is At least But less than Base Multiplier The number of students in excess of 10 - 20 39.6 20 - 30 39.6 + (1.62 x 20) 30 - 75 55.8 + (1.49 x 30) 75 - 150 122.85 + (1.27 x 75) 150 - 250 218.1 + (1.08 x 150) 250 - 400 326.1 + (0.97 x 250) 400 - 750 471.6 + (0.92 x 400) 750 or over 793.6 + (0.84 x 750).

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History. (§ 2 ch 83 SLA 1998; am § 1 ch 9 SLA 2009; am § 26 ch 15 SLA 2014)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Effect of amendments. —

The 2009 amendment, effective August 13, 2009, added subsections (c) through (f).

The 2014 amendment, effective July 1, 2014, rewrote the introductory language in (d), which read, “If a charter school has a student count of more than 120 but less than 150 for the current year and is in the first year of operation or had a student count of 150 or more in the previous year of operation”, and in (d)(1) deleted “95 percent of” following “the student count by”.

Sec. 14.17.460. District cost factors.

1. For purposes of calculating a district’s adjusted ADM under AS 14.17.410(b)(1) , the district cost factor for a school district is (1) for the fiscal year ending June 30, 2009, the factor set out under column (A) of this subsection, (2) for the fiscal year ending June 30, 2010, the factor set out under column (B) of this subsection, (3) for the fiscal year ending June 30, 2011, the factor set out under column (C) of this subsection, (4) for the fiscal year ending June 30, 2012, the factor set out under column (D) of this subsection, and (5) for fiscal years ending on or after June 30, 2013, the factor set out under column (E) of this subsection:
2. The department shall monitor the cost factors established under (a) of this section and shall prepare and submit to the legislature by January 15 of every other fiscal year proposed district cost factors.

DISTRICT COST FACTOR DISTRICT (A) (B) (C) (D) (E) Alaska Gateway 1.443 1.481 1.519 1.557 1.594 Aleutians East 1.707 1.778 1.849 1.920 1.991 Aleutians Region 1.838 1.864 1.890 1.916 1.939 Anchorage 1.000 1.000 1.000 1.000 1.000 Annette Island 1.175 1.216 1.257 1.298 1.338 Bering Strait 1.762 1.821 1.880 1.939 1.998 Bristol Bay 1.370 1.397 1.424 1.451 1.478 Chatham 1.348 1.405 1.462 1.519 1.576 Chugach 1.395 1.420 1.445 1.470 1.496 Copper River 1.246 1.264 1.282 1.300 1.316 Cordova 1.165 1.182 1.199 1.216 1.234 Craig 1.108 1.133 1.158 1.183 1.206 Delta/Greely 1.174 1.191 1.208 1.225 1.241 Denali 1.323 1.326 1.329 1.332 1.332 Dillingham 1.300 1.312 1.324 1.336 1.346 Fairbanks 1.055 1.059 1.063 1.067 1.070 Galena 1.370 1.376 1.382 1.388 1.391 Haines 1.104 1.128 1.152 1.176 1.200 Hoonah 1.227 1.270 1.313 1.356 1.399 Hydaburg 1.295 1.348 1.401 1.454 1.504 Iditarod 1.658 1.705 1.752 1.799 1.846 Juneau 1.075 1.093 1.111 1.129 1.145 Kake 1.242 1.296 1.350 1.404 1.459 Kashunamiut 1.504 1.533 1.562 1.591 1.619 Kenai Peninsula 1.088 1.109 1.130 1.151 1.171 Ketchikan 1.085 1.106 1.127 1.148 1.170 Klawock 1.160 1.196 1.232 1.268 1.302 Kodiak Island 1.191 1.216 1.241 1.266 1.289 Kuspuk 1.584 1.622 1.660 1.698 1.734 Lake and Peninsula 1.776 1.831 1.886 1.941 1.994 Lower Kuskokwim 1.577 1.599 1.621 1.643 1.663 Lower Yukon 1.650 1.703 1.756 1.809 1.861 Matanuska-Susitna 1.040 1.048 1.056 1.064 1.070 Mt. Edgecumbe 1.098 1.123 1.148 1.173 1.195 Nenana 1.304 1.313 1.322 1.331 1.338 Nome 1.385 1.402 1.419 1.436 1.450 North Slope 1.648 1.684 1.720 1.756 1.791 Northwest Arctic 1.686 1.720 1.754 1.788 1.823 Pelican 1.384 1.408 1.432 1.456 1.477 Petersburg 1.122 1.153 1.184 1.215 1.244 Pribilof 1.555 1.589 1.623 1.657 1.691 Sitka 1.098 1.123 1.148 1.173 1.195 Skagway 1.159 1.163 1.167 1.171 1.174 Southeast Island 1.264 1.299 1.334 1.369 1.403 Southwest Region 1.554 1.587 1.620 1.653 1.685 St. Mary’s 1.488 1.522 1.556 1.590 1.624 Tanana 1.641 1.677 1.713 1.749 1.786 Unalaska 1.343 1.368 1.393 1.418 1.441 Valdez 1.133 1.143 1.153 1.163 1.170 Wrangell 1.080 1.100 1.120 1.140 1.159 Yakutat 1.229 1.275 1.321 1.367 1.412 Yukon Flats 1.892 1.948 2.004 2.060 2.116 Yukon/Koyukuk 1.669 1.711 1.753 1.795 1.835 Yupiit 1.596 1.628 1.660 1.692 1.723.

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History. (§ 2 ch 83 SLA 1998; am §§ 5, 6 ch 41 SLA 2006; am § 7 ch 9 SLA 2008)

Sec. 14.17.470. Base student allocation.

The base student allocation is $5,930.

History. (§ 2 ch 83 SLA 1998; am § 2 ch 95 SLA 2001; am § 2 ch 54 SLA 2003; am § 1 ch 58 SLA 2004; am § 1 ch 6 FSSLA 2005; am § 7 ch 41 SLA 2006; am §§ 8 — 10 ch 9 SLA 2008; am §§ 27, 28 ch 15 SLA 2014)

Cross references. —

For governor's transmittal letter for ch. 15, SLA 2014, see 2014 House Journal 1434 — 1437.

Effect of amendments. —

The 2003 amendment, effective July 1, 2003, increased the allocation from $4,010 to $4,169.

The 2004 amendment, effective July 1, 2004, substituted “$4,576” for “$4,169.”

The 2005 amendment, effective July 23, 2005, substituted “$4,919” for “$4,576”.

The 2006 amendment, effective May 23, 2006, substituted “$5,380” for “$4,919.”

The 2008 amendment, effective July 1, 2008, substituted “$5,480” for “$5,380;” effective July 1, 2009, substituted “$5,580” for “$5,480;” and effective July 1, 2010, substituted “$5,680” for “$5,580.”

The 2014 amendment, effective July 1, 2014, substituted “$5,830” for “$5,680”.

The 2014 amendment, effective July 1, 2015, substituted “$5,880” for “$5,830”.

The 2014 amendment, effective July 1, 2016, substituted “$5,930” for “$5,880”.

Sec. 14.17.480. Quality school funding.

1. As a component of public school funding, a district is eligible to receive a quality school funding grant not to exceed the district’s adjusted ADM multiplied by $16. The department shall by regulation establish a grant process to implement this section.
2. For purposes of the reduction required under AS 14.17.400(b) , funding authorized under (a) of this section is treated the same as the state share of public school funding under AS 14.17.410 .

History. (§ 2 ch 83 SLA 1998)

Administrative Code. —

For quality school funding grants, see 4 AAC 33, art. 3.

Sec. 14.17.490. Public school funding adjustments.

1. Except as provided in (b) — (e) of this section, if, in fiscal year 1999, a city or borough school district or a regional educational attendance area would receive less public school funding under AS 14.17.410 than the district or area would have received as state aid, the district or area is, in each fiscal year, eligible to receive additional public school funding equal to the difference between the public school funding the district or area was eligible to receive under AS 14.17.410 in fiscal year 1999 and the state aid the district or area would have received in fiscal year 1999.
2. A city or borough school district is not eligible for additional funding authorized under (a) of this section unless, during the fiscal year in which the district receives funding under (a) of this section, the district received a local contribution equal to at least 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 .
3. For the purposes of the reduction required under AS 14.17.400(b) , funding authorized under (a) of this section is treated the same as the state share of public school funding under AS 14.17.410 .
4. Beginning in fiscal year 2000, if a district receives more public school funding under AS 14.17.410 than the district received in the preceding fiscal year, any amount received by the district under this section shall be reduced. The amount of the reduction required under this subsection is equal to the amount of increase from the preceding fiscal year in public school funding multiplied by 40 percent. In this subsection, “public school funding” does not include funding under this section.
5. Beginning in fiscal year 2000, in each fiscal year, the department shall compare each district’s ADM with the district’s ADM in fiscal year 1999. If the current fiscal year ADM is less than 95 percent of the district’s ADM in fiscal year 1999, the department shall reduce the district’s public school funding calculated under (a) of this section by a percentage equal to the percentage of decrease in the district’s ADM.
6. For purposes of this section, “state aid” means state aid distributed under the provisions of AS 14.17, as those provisions read on January 1, 1998, and additional district support appropriated by the legislature for fiscal year 1998.

History. (§ 2 ch 83 SLA 1998; am § 7 ch 19 SLA 2012)

Revisor’s notes. —

In 1999, “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in (b) of this section in accordance with § 91(a)(2), ch. 58, SLA 1999. In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (b) of this section, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, in (b), substituted “2.65 mill tax levy” for “four mill tax levy”.

Sec. 14.17.500. Student count estimate.

1. A district shall prepare and submit to the department by November 5 of each fiscal year, in the manner and on forms prescribed by the department, an estimate of its ADM and other student count data, including per school student count data, for the succeeding fiscal year upon which computations can be made to estimate the amount of state aid for which the district may be eligible under AS 14.17.400 in the succeeding fiscal year. In making its report, the district shall consider its ADM, other student count data, the pattern of growth or decline of the student population in preceding years, and other pertinent information available to the district.
2. Part-time students shall be included in the student count data in accordance with regulations adopted by the department.
3. When reporting a district’s ADM, a part-time student who is a correspondence student may not be counted as more than one full-time equivalent student.

History. (§ 2 ch 83 SLA 1998; am § 3 ch 120 SLA 1998)

Revisor’s notes. —

Subsection (c) was enacted as AS 14.17.080(b) by § 3, ch. 120, SLA 1998. Renumbered in 1998.

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Sec. 14.17.505. Fund balance in school operating fund.

1. A district may not accumulate in a fiscal year an unreserved portion of its year-end fund balance in its school operating fund, as defined by department regulations, that is greater than 10 percent of its expenditures for that fiscal year.
2. The department shall review each district’s annual audit under AS 14.14.050 for the preceding fiscal year to ascertain its year-end operating fund balance. The amount by which the unreserved portion of that balance exceeds the amount permitted in (a) of this section shall be deducted from the state aid that would otherwise be paid to the district in the current fiscal year.

History. (§ 2 ch 83 SLA 1998)

Cross references. —

For a temporary provision allowing school districts to accumulate a higher fund balance in the district’s school operating fund, see sec. 10, ch. 2, SLA 2021, in the 2021 Temporary and Special Acts.

Administrative Code. —

For school operating fund, see 4 AAC 9, art. 2.

Sec. 14.17.510. Determination of full and true value by Department of Commerce, Community, and Economic Development.

1. To determine the amount of required local contribution under AS 14.17.410(b)(2) and to aid the department and the legislature in planning, the Department of Commerce, Community, and Economic Development, in consultation with the assessor for each district in a city or borough, shall determine the full and true value of the taxable real and personal property in each district in a city or borough. If there is no local assessor or current local assessment for a city or borough school district, then the Department of Commerce, Community, and Economic Development shall make the determination of full and true value guided by AS 29.45.110 and based on a determination of full and true value made by the state assessor at least every two years using the best information available, including on-site inspections made by the state assessor in each of those districts at least once every four years. For purposes of this subsection, the full and true value of taxable real and personal property in any area detached shall be excluded from the determination of the full and true value of the municipality from which the property was detached for the two years immediately preceding the effective date of the detachment. Also, in making the determination for a municipality that is a school district, or for a city that is within a borough school district, the assessed value of property taxable under AS 43.56 shall be excluded if a tax is not levied under AS 29.45.080 by the municipality that is the school district. The determination of full and true value shall be made by October 1 and sent by certified mail, return receipt requested, on or before that date to the president of the school board in each city or borough school district. Duplicate copies shall be sent to the commissioner. The governing body of a city or borough that is a school district may obtain judicial review of the determination. The superior court may modify the determination of the Department of Commerce, Community, and Economic Development only upon a finding of abuse of discretion or upon a finding that there is no substantial evidence to support the determination.
2. Motor vehicles subject to the motor vehicle registration tax under AS 28.10.431 shall be treated as taxable property under this section.
3. [Repealed, § 8 ch 19 SLA 2012.]

History. (§ 2 ch 83 SLA 1998; am § 3 ch 95 SLA 2001; am § 1 ch 5 SLA 2006; am § 8 ch 19 SLA 2012)

Revisor’s notes. —

In 1999, “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in (a) of this section in accordance with § 91(a)(2), ch. 58, SLA 1999. In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (a) of this section, in accordance with § 3, ch. 47, SLA 2004.

Effect of amendments. —

The 2012 amendment, effective July 1, 2012, repealed (c), which read, “Notwithstanding AS 14.17.410(b)(2) and the other provisions of this section, if the assessed value in a city or borough school district determined under (a) of this section increases from the base year, only 50 percent of the annual increase in assessed value may be included in determining the assessed value in a city or borough school district under (a) of this section. The limitation on the increase in assessed value in this subsection applies only to a determination of assessed value for purposes of calculating the required contribution of a city or borough school district under AS 14.17.410(b)(2) and 14.17.490(b) . In this subsection, the base year is 1999.”

Opinions of attorney general. —

The 50 percent discount allowed in (c) of this section applies to an increase in a district’s assessment on account of the annexation of additional territory. Therefore, the Department of Community and Economic Development should treat increases in the municipal tax base caused by annexation the same as it treats increases caused by appreciation. April 25, 2005 Op. Att’y Gen.

Sec. 14.17.520. Minimum expenditure for instruction.

History. [Repealed, § 22 ch 54 SLA 2016.]

Sec. 14.17.600. Student count periods.

1. Within two weeks after the end of the 20-school-day period ending the fourth Friday in October, 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.
2. Upon written request and for good cause shown, the commissioner may permit a district to use a 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 20 consecutive school days unless one or more alternate count periods are necessary to permit a district to 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.

History. (§ 2 ch 83 SLA 1998; am § 6 ch 114 SLA 2003; am § 15 ch 41 SLA 2009)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Sec. 14.17.610. Distribution of state aid.

1. The department shall determine the state aid for each school district in a fiscal year on the basis of the district’s student count data reported under AS 14.17.600 . On or before the 15th day of each of the first nine months of each fiscal year, one-twelfth of each district’s state aid shall be distributed on the basis of the data reported for the preceding fiscal year. On or before the 15th day of each of the last three months of each fiscal year, one-third of the balance of each district’s state aid shall be distributed, after the balance has been recomputed on the basis of student count and other data reported for the current fiscal year.
2. Distribution of state aid under (a) of this section shall be made as required under AS 14.17.410 . If a district receives more state aid than it is entitled to receive under this chapter, the district shall immediately remit the amount of overpayment to the commissioner, to be returned to the public education fund. The department may make adjustments to a district’s state aid to correct underpayments made in previous fiscal years.
3. Upon an adequate showing of a cash flow shortfall of a district, and in the discretion of the commissioner, the department may make advance payments to a district. The total of advance payments may not exceed the amount of state aid for which the district is eligible for the fiscal year.

History. (§ 2 ch 83 SLA 1998; am § 5 ch 4 SLA 2005)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Sec. 14.17.900. Construction and implementation of chapter.

1. This chapter does not create a debt of the state. Each district shall establish, maintain, and operate under a balanced budget. The state is not responsible for the debts of a school district.
2. Money to carry out the provisions of this chapter may be appropriated annually by the legislature into the public education fund. If the amount appropriated to the fund for the purposes of this chapter is insufficient to meet the allocations authorized under AS 14.17.400 — 14.17.470 for a fiscal year, state aid shall be reduced according to AS 14.17.400 (b).

History. (§ 2 ch 83 SLA 1998; am § 6 ch 4 SLA 2005)

Collateral references. —

Validity, construction, and application of state constitutional and statutory balanced budget provisions, 82 ALR6th 497.

Sec. 14.17.905. Facilities constituting a school.

1. For purposes of this chapter, the determination of the number of schools in a district is subject to the following:
   1. a community with an ADM of at least 10, but not more than 100, shall be counted as one school;
   2. a community with an ADM of at least 101, but not more than 425, shall be counted as
      1. one elementary school, which includes those students in grades kindergarten through six; and
      2. one secondary school, which includes students in grades seven through 12;
   3. in a community with an ADM of greater than 425, each facility that is administered as a separate school shall be counted as one school, except that each alternative school with an ADM of less than 175 shall be counted as a part of the school in the district with the highest ADM.
2. 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.
3. Notwithstanding (a)(2) and (a)(3) of this section, in a community with an ADM of greater than 425 that has only one facility administered as a school for students in grades kindergarten through 12, the number of schools for the community shall be counted under (a)(2) of this section.

History. (§ 2 ch 83 SLA 1998; am § 7 ch 70 SLA 2001; am § 4 ch 95 SLA 2001; am § 2 ch 9 SLA 2009; am § 2 ch 82 SLA 2018)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Effect of amendments. —

The 2018 amendment, effective August 11, 2018, added (c).

Sec. 14.17.910. Restrictions governing receipt and expenditure of district money.

1. Each district shall maintain complete financial records of the receipt and disbursement of state aid, money acquired from local effort, and other money received or held by the district. The records must be in the form required by the department and are subject to audit by the department at a time and place designated by the department.
2. State aid provided under this chapter is for general operational purposes of the district. All district money, including state aid, shall be received, held, allocated, and expended by the district under applicable local law and state and federal constitutional provisions, statutes, and regulations, including those related to ethical standards and accounting principles.

History. (§ 2 ch 83 SLA 1998)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

For school operating fund, see 4 AAC 9, art. 2.

Sec. 14.17.920. Regulations.

The department shall adopt regulations necessary to implement this chapter.

History. (§ 2 ch 83 SLA 1998)

Administrative Code. —

For local education, see 4 AAC 5.

For state aid, see 4 AAC 9, art. 1.

For school operating fund, see 4 AAC 9, art. 2.

For review and appeals of actions and decisions regarding funding, see 4 AAC 40.

Sec. 14.17.990. Definitions.

In this chapter, unless the context requires otherwise,

1. “ADM or average daily membership” means the aggregate number of full-time equivalent students enrolled in a school district during the student count period for which a determination is being made, divided by the actual number of days that school is in session for the student count period for which the determination is being made;
2. “district” means a city or borough school district or a regional educational attendance area;
3. “district adjusted ADM” means the number resulting from the calculations under AS 14.17.410(b)(1) ;
4. “district ADM” means the sum of the ADMs in a district;
5. “eligible federal impact aid” means the amount of federal impact aid received by a district as of March 1 of the fiscal year as a result of an application submitted in the preceding fiscal year, including advance payments and adjustments received since March 1 of the preceding fiscal year from prior year applications, under 20 U.S.C. 7701 — 7714, except payments received under former 20 U.S.C. 7703(f)(2)(B), to the extent the state may consider that aid as local resources under federal law;
6. “local contribution” means appropriations and the value of in-kind services made by a district;
7. “taxable real and personal property” means all real and personal property taxable under the laws of the state.

History. (§ 2 ch 83 SLA 1998; am § 16 ch 41 SLA 2009)

Administrative Code. —

For state aid, see 4 AAC 9, art. 1.

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (5), added “former” preceding “20 U.S.C. 7703(f)(2)(B)”.

Sec. 14.18.010. Discrimination based on sex and race prohibited.

Recognizing the benefit to the state and nation of equal educational opportunities for all students, and equal employment opportunity for public education employees, discrimination on the basis of sex against an employee or a student in public education in Alaska and discrimination against an employee on the basis of race violate art. I, § 3 of the Alaska Constitution and are prohibited. A person in the state may not on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal or state financial assistance.

History. (§ 1 ch 17 SLA 1981; am § 1 ch 77 SLA 1988)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Sec. 14.18.020. Discrimination in employment prohibited.

The board, the Board of Regents, and each school board in the state shall

1. allow no difference in conditions of employment, including hiring practices, credential requirements, leaves of absence, hours of employment, pay, employee benefits, and assignment of instructional and noninstructional duties based on sex or race; and
2. provide the same opportunities for advancement to males and females.

History. (§ 1 ch 17 SLA 1981; am § 2 ch 77 SLA 1988; am § 14 ch 3 SLA 2017)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, in (1), deleted “but not limited to” preceding “hiring practices” and substituted “duties based on sex or race” for “duties on the basis of sex or race” near the end.

Sec. 14.18.030. Discrimination in counseling and guidance services prohibited.

Guidance and counseling services in public education are available to students equally and shall stress access to career and vocational opportunities to students without regard to sex.

History. (§ 1 ch 17 SLA 1981)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Sec. 14.18.040. Discrimination in recreational and athletic activities prohibited.

1. Equal opportunity for both sexes in athletics and in recreation shall be provided in a manner that is commensurate with the general interests of the members of each sex. Separate school-sponsored teams may be provided for each sex. A school that sponsors separate teams in a particular sport shall provide equipment and supplies, services, and opportunities, including use of courts, gymnasiums, and pools, to both teams with no disparities based on sex.  A school that provides showers, toilets, or training-room facilities for athletic or recreational purposes shall provide comparable facilities for both sexes, either through the use of separate facilities or by scheduling separate use by each sex.
2. A school shall divide available evening time for athletic events fairly between events for each sex.
3. The board and the Board of Regents of the University of Alaska shall adopt procedures to determine on an annual basis student interest in male and female participation in specific sports, athletics, and recreation.

History. (§ 1 ch 17 SLA 1981)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Collateral references. —

What constitutes reverse sex or gender discrimination against males violative of federal constitution or statutes — Nonemployment cases. 166 ALR Fed. 1.

Sec. 14.18.050. Discrimination in course offerings prohibited.

1. Except as provided in (b) this section, all public education classes are available to all students without regard to sex, and curriculum requirements may not be differentiated on the basis of sex.
2. Separation of the sexes is permitted during sex education programs and during participation in physical education activities if the purpose of the activity involves bodily contact.

History. (§ 1 ch 17 SLA 1981)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Sec. 14.18.060. Discrimination in textbooks and instructional materials prohibited.

1. School boards shall have textbooks and instructional materials reviewed for evidence of sex bias in accordance with AS 14.08.111 (9) and AS 14.14.090 (7). School boards shall use educationally sound, unbiased texts and other instructional materials as they become available.  Nothing in this section prohibits use of literary works.
2. The board shall establish by regulation standards for nondiscriminatory textbooks and educational materials. Each school board shall provide training for all its certificated personnel on a schedule adopted by the governing body of a school district in the identification and recognition of sex-biased materials.
3. The Board of Regents shall establish and implement a policy under AS 14.40.170(b) for the guidance of officers and employees of the university on the selection of nondiscriminatory textbooks and educational materials.

History. (§ 1 ch 17 SLA 1981; am § 9 ch 2 SSSLA 2015)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Effect of amendments. —

The 2015 amendment, effective October 7, 2015, in (b), inserted “on a schedule adopted by the governing body of a school district” following “all its certificated personnel”.

Sec. 14.18.070. Affirmative action.

The board shall establish procedures for affirmative action programs covering both equal employment and equal educational opportunity to be implemented by all school districts and regional educational attendance areas determined by the board not to be in compliance with this chapter.

History. (§ 1 ch 17 SLA 1981)

Sec. 14.18.080. Implementation.

1. The board shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this chapter.
2. The Board of Regents shall adopt rules under AS 14.40.170(b)(1) to implement this chapter.

History. (§ 1 ch 17 SLA 1981)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Sec. 14.18.090. Enforcement by board of education and early development.

1. The board shall enforce compliance by school districts and regional educational attendance areas with the provisions of this chapter and the regulations and procedures adopted under it by appropriate order made in accordance with AS 44.62. After a hearing conducted by the office of administrative hearings (AS 44.64.010 ) and a finding by the board that a district or a regional educational attendance area is not in compliance with this chapter and is not actively working to come into compliance, the board shall institute appropriate proceedings to abate the practices found by the board to be a violation of this chapter.
2. After a finding by the board that a district or regional educational attendance area has not complied with AS 14.18.020 — 14.18.070 , and that the measures taken under (a) of this section have been ineffective, the board shall withhold state funds in accordance with AS 14.07.070 .

History. (§ 1 ch 17 SLA 1981; am § 29 ch 163 SLA 2004)

Administrative Code. —

For prohibition of sex discrimination, see 4 AAC 6, art. 3.

Sec. 14.18.100. Remedies.

1. A person aggrieved by a violation of this chapter or of a regulation or procedure adopted under this chapter as to primary or secondary education may file a complaint with the board and has an independent right of action in superior court for civil damages and for such equitable relief as the court may determine.
2. A person aggrieved by a violation of this chapter or of a regulation or procedure adopted under this chapter as to postsecondary education has an independent right of action in superior court for civil damages and for such equitable relief as the court may determine.

History. (§ 1 ch 17 SLA 1981)

Sec. 14.18.110. Effect of chapter.

This chapter is supplementary to and does not supersede existing laws relating to unlawful discrimination based on sex or race.

History. (§ 1 ch 17 SLA 1981; am § 3 ch 77 SLA 1988)

Sec. 14.20.010. Teacher certificate required.

A person may not be employed as a teacher in the public schools of the state unless that person possesses a valid teacher certificate except that a person who has made application to the department for a teacher certificate, including a preliminary teacher certificate under AS 14.20.015 , or renewal of a teacher certificate that has not been acted upon by the department may be employed as a teacher in the public schools of the state until the department has taken action on the application, but in no case may employment without a certificate last longer than three months. A person who has made application for a certificate under this section may teach for an additional 60 days beyond three months without a certificate if the department grants a written extension. An extension may be granted under this section for not more than 60 days to the person solely due to delay in the department’s receipt of criminal justice information under AS 12.62 or a national criminal history record check under AS 12.62.400 .

History. (§ 37-5-3 ACLA 1949; am § 9 ch 98 SLA 1966; am § 1 ch 165 SLA 1976; am § 1 ch 58 SLA 2001; am § 8 ch 79 SLA 2004)

Administrative Code. —

For statewide goals, see 4 AAC 4.

For certification of professional teachers, see 4 AAC 12.

For correspondence study programs, see 4 AAC 33, art. 4.

Sec. 14.20.015. Recognition of certificates of out-of-state teachers.

1. The department shall issue a preliminary teacher certificate to an out-of-state teacher who meets the requirements of this section. To be eligible for a preliminary teacher certificate, a person shall
   1. have received at least a baccalaureate degree from an institution of higher education accredited by a recognized regional accrediting association or approved by the commissioner;
   2. hold a valid teacher certificate issued by another state;
   3. have submitted fingerprints to the department to be used for a criminal history background check and been found by the department to be suitable for employment as a teacher under AS 14.20.020(f) ;
   4. have paid the fee required by the department under AS 14.20.020(c) .
2. An out-of-state teacher who has been issued a preliminary teacher certificate under this section shall pass the competency examination designated by the board under AS 14.20.020(i) within one year after the date the preliminary teacher certificate was issued. If the teacher does not pass the examination, the department shall immediately revoke the teacher’s preliminary teacher certificate.
3. The preliminary teacher certificate issued under this section must contain the same endorsements as those on the current valid teacher certificate issued by the other state.
4. A teacher holding a preliminary teacher certificate issued under this section may be employed to provide instructional services for a school district or regional educational attendance area only if the teacher certificate issued by the other state is valid at the time the teacher commences to provide instructional services for the school district or regional educational attendance area.
5. Employment under a preliminary teacher certificate shall be considered in determining whether a teacher qualifies for tenure under AS 14.20.150 . However, a teacher may not be granted tenure unless the teacher holds a teacher certificate issued under AS 14.20.020 .
6. A preliminary teacher certificate and any endorsements issued under this section are valid for three years and may not be renewed. The department may not issue a provisional certificate or a temporary certificate to a teacher who has held a preliminary teacher certificate.

History. (§ 2 ch 58 SLA 2001)

Administrative Code. —

For certification of professional teachers, see 4 AAC 12.

Sec. 14.20.017. Grace period for issuance of regular teacher certificates to previously certificated teachers.

1. The department shall issue a teacher certificate as described in AS 14.20.020 , subject to revocation, to a teacher who meets the requirements of this section. To be eligible for a revocable teacher certificate under this section, a person shall
   1. have held a valid teacher certificate issued under AS 14.20.020 that expired more than 12 months before the teacher applied for a certificate under this section;
   2. have paid the fee required by the department under AS 14.20.020(c) .
2. A revocable teacher certificate issued under this section is valid for one year, during which the teacher shall complete any requirements for the issuance of a regular teacher certificate under AS 14.20.020 that the teacher has not already met. The department shall expedite the procedures required of teachers holding revocable teacher certificates who are seeking certification under AS 14.20.020 .
3. A teacher holding a revocable teacher certificate under this section who previously passed the competency examination designated by the board under AS 14.20.020 (i) is not required to retake the examination before being eligible for a regular certificate under AS 14.20.020 . A teacher holding a revocable teacher certificate who did not previously take or pass the competency examination shall take and pass the examination within one year after the date the revocable teacher certificate was issued. If the teacher does not pass the examination, the department shall immediately revoke the revocable teacher certificate.
4. A teacher holding a revocable teacher certificate under this section may not receive a teacher certificate issued under AS 14.20.020 until the teacher submits fingerprints to the department to be used for a criminal history background check and the teacher has been found by the department to be suitable for employment as a teacher under AS 14.20.020(f) .
5. The revocable teacher certificate issued under this section must contain the same endorsements as those on the teacher’s expired teacher certificate.
6. Employment on the basis of a revocable teacher certificate issued under this section shall be considered in determining whether a teacher qualifies for tenure under AS 14.20.150 .
7. A revocable teacher certificate and any endorsements issued under this section are valid for one year and may not be renewed under this section. The department may not issue a provisional certificate or a temporary certificate to a teacher who has held a teacher certificate issued under this section.

History. (§ 2 ch 58 SLA 2001)

Administrative Code. —

For certification of professional teachers, see 4 AAC 12.

Sec. 14.20.020. Requirements for issuance of certificate; fingerprints.

1. Except as provided in (f) of this section, the department shall issue a teacher certificate to every person who meets the requirements in (b), (c), and (h) of this section.
2. A person is not eligible for a teacher certificate unless that person has received at least a baccalaureate degree from an institution of higher education accredited by a recognized regional accrediting association or approved by the commissioner and, if applicable, has passed the examination or examinations required by (i) of this section. However, this subsection is not applicable to
   1. persons employed in the state public school system on September 1, 1962;
   2. persons issued an emergency certificate during a situation that, in the judgment of the commissioner, requires the temporary issuance of a certificate to a person not otherwise qualified.
3. The board may establish by regulation additional requirements for the issuance of certificates. The board shall require teachers to submit fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. The board shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . The department shall establish by regulation the fees to be charged for each certificate and for other charges assessed against teachers as part of certification. In establishing the fees to be charged, the department shall establish the fee levels so that the total amount of the fees collected relating to the certification of teachers approximately equals, when added to the other fees collected from teachers, the actual regulatory costs for certifying and disciplining teachers in the state. The department shall annually review each fee level to determine whether the regulatory costs are approximately equal to fee collections. If the review indicates that fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments to the fees for certification of teachers and adopt regulations under this subsection to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. The department shall consider the board’s recommendations concerning the fee levels and regulatory costs before revising fee schedules to comply with this subsection. In this subsection, “regulatory costs” means costs of the department that are attributable to regulation of the teaching profession, including the portion of the expenses of the board that are attributable to the regulation of the teaching profession and the expenses of the Professional Teaching Practices Commission.
4. The board may by regulation establish various classes of certificates.
5. The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations to the department to carry out the purposes of this section and to support the activities of the Professional Teaching Practices Commission under AS 14.20.460 , 14.20.470 , and 14.20.500 .
6. The department may not issue a teacher certificate to a person who has been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime, involving a minor under AS 11.41.410 — 11.41.460 or a law or ordinance in another jurisdiction with elements similar to an offense described in this subsection.
7. The department shall issue a teacher certificate to a person who possessed a valid Alaska teacher certificate upon retirement. A teacher certificate issued under this subsection is valid for the life of the retired teacher and qualifies the holder as a substitute teacher in the state.
8. A person is not eligible for a teacher certificate unless the person has completed three semester hours in Alaska studies and three semester hours in multicultural education or cross-cultural communications. However, the commissioner may issue a provisional certificate, valid for no longer than two years, to an applicant who has not completed the semester hours required under this subsection at the time of application.
9. Beginning on July 1, 1998, a person is not eligible for an initial regular teacher certificate unless the person has taken and successfully completed a competency examination or examinations designated, at the time the person took the test, by the board. The board shall review nationally recognized examinations that are designed to test the competency of new teachers and shall designate those examinations that it finds adequately test the skills and abilities of new teachers. For each examination designated under this subsection, the board shall establish the minimum acceptable level of performance.
10. Whenever required by a provision of this chapter to submit fingerprints to use for a criminal background check for the purpose of determining a person’s suitability for employment as a teacher, the department shall accept a name-based criminal history background check on a person from the agency performing the background check if the
    1. person cannot submit legible fingerprint cards due to a permanent disability that precludes the person’s ability to submit fingerprints; or
    2. agency informs the department that its examination of at least two separate sets of fingerprint cards shows that the person’s fingerprints are illegible due to a permanent skin condition.
11. A person is not eligible for a teacher certificate unless the person has completed training regarding alcohol and drug related disabilities required under AS 14.20.680 , training regarding sexual abuse and sexual assault awareness and prevention required under AS 14.30.355 , training regarding dating violence and abuse awareness and prevention required under AS 14.30.356 , and training related to suicide prevention required under AS 14.30.362 .

History. (§ 37-5-4 ACLA 1949; am § 1 ch 76 SLA 1962; am § 10 ch 98 SLA 1966; am §§ 13, 14 ch 32 SLA 1971; am §§ 19, 20 ch 138 SLA 1986; am §§ 6, 7 ch 151 SLA 1990; am § 1 ch 3 SLA 1991; am § 5 ch 90 SLA 1991; am § 1 ch 105 SLA 1992; am § 14 ch 32 SLA 1997; am §§ 1 — 3, 6 ch 57 SLA 1997; am § 17 ch 81 SLA 1998; am §§ 9, 10 ch 79 SLA 2004; am § 10 ch 2 SSSLA 2015)

Revisor's notes. —

In 1992, in (f) of this section, “AS 11.41.434 — 11.41.440 ” was substituted for “AS 11.41.434 — 11.41.442” in two places to correct a manifest error in § 7, ch. 151, SLA 1990.

Cross references. --

For provision to the applicability of subsection (k), see sec. 27, ch. 2, SSSLA 2015 in the 2015 Temporary and Special Acts.

Administrative Code. —

For statewide goals, see 4 AAC 4.

For certification of professional teachers, see 4 AAC 12.

For exchange teachers and student teachers, see 4 AAC 30.

Effect of amendments. —

The 2015 amendment, effective June 30, 2017, added (k).

Editor's notes. —

Section 10, ch. 151, SLA 1990 provides that subsection (f) does not apply when the crime occurred before September 19, 1990.

Section 4, ch. 57, SLA 1997 provides that the requirements for examination established in subsections (b) and (i) by §§ 1 and 3, ch. 57, SLA 1997 “do not apply to a teacher who holds a valid regular teacher certificate on August 28, 1997.”

Opinions of attorney general. —

The State Board of Education may not provide for issuance of a “teacher certificate” for a person who does not hold at least a baccalaureate degree unless the person comes within one of the exceptions enumerated in this section. August 29, 1988 Op. Att’y Gen.

The State Board of Education may provide for a “provisional certificate” that is not a “teacher certificate,” but it may not authorize the holder to be employed as a teacher or to be eligible for membership in the Teachers’ Retirement System unless the certificate is based upon at least a baccalaureate degree. Similarly, a holder of a provisional certificate based on less than a baccalaureate degree would not be considered a “certificated employee” within the meaning of former AS 14.20.550 , relating to collective bargaining rights. August 29, 1988 Op. Att’y Gen.

Sec. 14.20.022. Subject-matter expert limited teacher certificate.

1. Notwithstanding AS 14.20.020 , a person may be issued a subject-matter expert limited teacher certificate, valid only in the subject-matter in which the person has expertise, upon compliance with the requirements of this section. A subject-matter expert teacher may only be employed to teach subjects in which the person has satisfied the education or experience requirements set out in (b)(1) of this section.
2. To be eligible for a subject-matter expert limited teacher certificate, a person shall
   1. hold at least a baccalaureate degree from an institution of higher education accredited by a recognized regional or national accrediting association or approved by the commissioner and
      1. have majored or minored in the subject that the person will be teaching; or
      2. have at least five years experience in the subject matter that the person will be teaching;
   2. have submitted fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check to the department; the department must have submitted the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 and the person must have been found by the department to be suitable for employment as a teacher under AS 14.20.020(f) ; and
   3. be currently enrolled in an approved post-baccalaureate teacher education program at a regionally accredited institution meeting the requirements of AS 14.20.020(b) that provides for completion of the regular teacher certificate education requirements within two years after receipt of a subject-matter expert limited teacher certificate under this section.
3. Before a school district or regional educational attendance area determines whether to hire a person as a subject-matter expert teacher under this section, the school district or regional educational attendance area shall administer a competency examination.
4. A subject-matter expert limited teacher certificate is valid for one school year and may be renewed for one additional school year upon a showing of substantial progress towards completion of the teacher education program required under (b)(3) of this section.
5. A school district or regional educational attendance area that employs a subject-matter expert teacher shall provide a mentor who is an experienced teacher for the subject-matter expert teacher for at least the first year of the subject-matter expert teacher’s employment in the school district or regional educational attendance area.
6. A person employed as a subject-matter expert teacher under this section is considered a certificated employee for purposes of AS 14.25 (teachers’ retirement system). Employment as a subject-matter expert teacher under this section counts as employment for purposes of acquiring tenure under AS 14.20.150 ; however, a person holding a subject-matter expert limited teacher certificate under this section is not entitled to tenure until the person receives a teacher certificate under AS 14.20.020 .
7. The department shall adopt regulations necessary to implement this section.
8. In this section, “subject-matter expert teacher” is a teacher qualified to teach under (b) of this section.

History. (§ 2 ch 69 SLA 2001; am § 11 ch 79 SLA 2004)

Sec. 14.20.025. Limited teacher certificates.

Notwithstanding AS 14.20.020(b) , a person may be issued a limited certificate, valid only in the area of expertise for which it is issued, to teach Alaska Native language or culture, military science, or a vocational or technical course for which the board determines by regulation that baccalaureate degree training is not sufficiently available. A limited certificate may be issued under this section only if the school board of the district or regional educational attendance area in which the person will be teaching has requested its issuance. A person who applies for a limited certificate shall demonstrate, as required by regulations adopted by the board, instructional skills and subject matter expertise sufficient to ensure the public that the person is competent as a teacher. The board may require a person issued a limited certificate to undertake academic training as may be required by the board by regulation and make satisfactory progress in the academic training.

History. (§ 2 ch 76 SLA 1992; am § 25 ch 83 SLA 1998)

Administrative Code. —

For certification of professional teachers, see 4 AAC 12.

Sec. 14.20.027. Reporting of and access to social security numbers.

Notwithstanding AS 14.20.010 — 14.20.040 , the department may not issue a teacher certificate under AS 14.20.020 or a limited teacher certificate under AS 14.20.025 unless the applicant has supplied the department with the applicant’s social security number. Upon request, the department shall provide the social security number to the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law.

History. (§ 14 ch 87 SLA 1997)

Revisor’s notes. —

In 2004, “child support enforcement agency created in AS 25.27.010 ” was changed to “child support services agency created in AS 25.27.010 ” in this section in accordance with § 12(a), ch. 107, SLA 2004.

Sec. 14.20.030. Causes for revocation and suspension.

1. The commissioner or the Professional Teaching Practices Commission may revoke or suspend a certificate only for the following reasons:
   1. incompetency, which is defined as the inability or the unintentional or intentional failure to perform the teacher’s customary teaching duties in a satisfactory manner;
   2. immorality, which is defined as the commission of an act which, under the laws of the state, constitutes a crime involving moral turpitude;
   3. substantial noncompliance with the school laws of the state or the regulations of the department; or
   4. upon a determination by the Professional Teaching Practices Commission that there has been a violation of ethical or professional standards or contractual obligations.
2. The commissioner or the Professional Teaching Practices Commission shall revoke for life the certificate of a person who has been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime, involving a minor under AS 11.41.410 — 11.41.460 or a law or ordinance in another jurisdiction with elements similar to an offense described in this subsection.
3. The commissioner or the Professional Teaching Practices Commission shall request the chief administrative law judge (AS 44.64.020 ), to appoint an administrative law judge employed by the office of administrative hearings to preside at a hearing conducted under this section. AS 44.64.060 and 44.64.070 do not apply to the hearing.

History. (§ 11 ch 98 SLA 1966; am § 1 ch 9 SLA 1975; am § 1 ch 103 SLA 1976; am § 8 ch 151 SLA 1990; am § 18 ch 81 SLA 1998; am § 30 ch 163 SLA 2004)

Revisor’s notes. —

In 1992, in (b) of this section, “AS 11.41.434 — 11.41.440 ” was substituted for “AS 11.41.434 — 11.41.442” in two places to correct a manifest error in § 8, ch. 151, SLA 1990.

Administrative Code. —

For certification of professional teachers, see 4 AAC 12.

For professional standards, see 20 AAC 10, art. 1.

For complaints and investigations, see 20 AAC 10, art. 3.

Editor’s notes. —

Section 10, ch. 151, SLA 1990 provides that subsection (b) does not apply when the crime occurred before September 19, 1990.

Sec. 14.20.035. Evaluation of training and experience.

In evaluating an applicant for a position in a district or regional educational attendance area, a district or regional educational attendance area shall give preference to those applicants who demonstrate training or experience that establishes that the applicant is likely to be sensitive to the traditions and culture of the cultural backgrounds represented in the student population.

History. (§ 2 ch 105 SLA 1992)

Sec. 14.20.040. Applicability of the Administrative Procedure Act.

AS 44.62 (Administrative Procedure Act) applies to all proceedings under AS 14.20.030 , and revocations and suspensions are final and reviewable in accordance with AS 44.62.560 — 44.62.570 .

History. (§ 12 ch 98 SLA 1966; am § 2 ch 9 SLA 1975)

Sec. 14.20.090. Revocation of certificates. [Repealed, § 59 ch 98 SLA 1966.]

Sec. 14.20.095. Right to comment and criticize not to be restricted.

A bylaw or regulation of the commissioner, a school board, or local school administrator may not restrict or modify the right of a teacher to engage in comment and criticism outside school hours, regarding school personnel, members of the governing body of any school or school district, any other public official, or any school employee, to the same extent that any private individual may exercise the right.

History. (§ 1 ch 14 SLA 1965; am § 13 ch 98 SLA 1966)

Sec. 14.20.097. Duty-free time.

Each governing body shall allow its teachers in school facilities with four or more teachers a daily duty-free mealtime of at least 30 minutes reasonably scheduled during the middle of the teacher’s workday.

History. (§ 1 ch 11 SLA 1969; am § 1 ch 68 SLA 1996)

Sec. 14.20.100. Unlawful to require statement of religious or political affiliation.

A school board, or a member of a school board, may not require or compel a person applying for the position of teacher in the public schools of the state to state a religious or political affiliation.

History. (§ 37-5-1 ACLA 1949)

Collateral references. —

Validity of governmental requirement of oath of allegiance or loyalty as applied to college curators. 18 ALR2d 303.

Dismissal or rejection of public schoolteacher because of disloyalty. 27 ALR2d 487.

Sec. 14.20.110. Penalty for violation of AS 14.20.100.

A person violating AS 14.20.100 is punishable by a fine of not more than $100.

History. (§ 37-5-2 ACLA 1949)

Sec. 14.20.120. Statement of qualifications.

A statement of the qualifications of each teacher and superintendent employed by the state or a school district shall be filed with the commissioner. The statement must contain the credits earned in college, normal school, or university, and the number of years of teaching experience both in the state and elsewhere in the form and manner prescribed by the commissioner.

History. (§ 37-6-5 ACLA 1949; am § 5 ch 179 SLA 1957; am § 12 ch 46 SLA 1970)

Sec. 14.20.130. Employment contracts.

An employer may, after January 1, issue contracts for the following school year to employees regularly qualified in accordance with the regulations of the department. The contract for a superintendent may be for more than one school year but may not exceed three consecutive school years.

History. (§ 1 ch 92 SLA 1960; am § 14 ch 98 SLA 1966)

Administrative Code. —

For employment of professional personnel, see 4 AAC 18.

Sec. 14.20.135. Employment of retired teachers because of shortages. [Repealed by, § 12 ch 57 SLA 2001 as amended by § 10 ch 50 SLA 2005, effective July 1, 2009.]

Sec. 14.20.136. Reemployment of member of teachers’ retirement system.

1. Subject to (b) — (d) of this section, a school district may reemploy a member who is retired under a retirement plan established in AS 14.25.009 — 14.25.220 , or a member who is retired under a retirement plan established in AS 14.25.310 — 14.25.590 . In this subsection, “school district” has the meaning given in AS 14.30.350 .
2. A member who is retired under AS 14.25.110(a) may not be reemployed under (a) of this section unless the member
   1. certifies that the member and the school district did not arrange before the member retired from the school district for the member to be reemployed by the school district after the member retired; and
   2. has been retired for at least
      1. 60 days if the member is at least 62 years of age; or
      2. six months if the member is less than 62 years of age.
3. Before reemploying a retired member under (a) of this section to fill a position, a school district shall
   1. by resolution, adopt a policy that describes the circumstances of a shortage or anticipated shortage of applicants, other than retired members, who are qualified for particular positions and permits rehiring that complies with the requirements of this section; and
   2. publicly advertise the position for 10 business days and actively recruit to fill the position by hiring a person other than a member who is retired.
4. A contract for reemployment under (a) of this section may not exceed 12 consecutive months.
5. A school district that reemploys a member under this section who is retired under the defined benefit retirement plan established in AS 14.25.009 — 14.25.220 is required to
   1. provide the administrator with
      1. a copy of the resolution and policy adopted under (c) of this section; and
      2. for every retired member who is rehired, a report identifying the member by name and describing the
         1. circumstances of the shortage that necessitated the rehire; and
         2. actions taken by the school district to comply with school district policy adopted under (c) of this section and the requirements of this section; and
   2. make contributions under AS 14.25.070 .
6. The requirements of (c), (d), and (e)(1) of this section do not apply to the rehire of a member who is eligible for restoration of tenure rights under AS 14.20.165 .

History. (§ 1 ch 81 SLA 2018)

Cross references. —

For provision providing that this section “applies to contracts made on or after November 8, 2018”, see sec. 6, ch. 81, SLA 2018, in the 2018 Temporary and Special Acts.

Effective dates. —

Section 1, ch. 81, SLA 2018, which enacted this section, took effect on November 8, 2018.

Sec. 14.20.140. Notification of lay off or nonretention.

1. If a teacher who has acquired tenure rights is to be laid off under AS 14.20.177 or is not to be retained for the following school year, the employer shall notify the teacher of the layoff or nonretention by writing, delivered before May 15, or by registered mail postmarked before May 15.
2. If a teacher who has not acquired tenure rights is to be laid off under AS 14.20.177 or is not to be retained for the following school year the employer shall notify the teacher of the layoff or nonretention by writing delivered on or before the last day of the school term or by registered mail postmarked on or before the last day of the school term.
3. Notwithstanding a teacher’s right to continued employment under AS 39.20.500 — 39.20.550 , a school district may notify a teacher of layoff or nonretention under this section for the following school year for a permissible reason.

History. (§ 1 ch 92 SLA 1960; am § 15 ch 98 SLA 1966; am § 3 ch 96 SLA 1992; am § 1 ch 31 SLA 1996; am § 2 ch 69 SLA 2013)

Revisor’s notes. —

In 2002, in subsection (c), “AS 39.20.500 — 39.20.550 ” was substituted for “AS 23.10.500 — 23.10.550” to reflect the 2002 renumbering of AS 23.10.500 — 23.10.550.

Effect of amendments. —

The 2013 amendment, effective July 11, 2013, in (a), substituted “May 15” for “March 16” twice.

Editor’s notes. —

Under sec. 5, ch. 69, SLA 2013, the 2013 changes to (a) of this section apply “to a contract or collective bargaining agreement that becomes legally binding on or after July 11, 2013.”

Sec. 14.20.145. Automatic reemployment.

If notification of nonretention or layoff is not given according to AS 14.20.140 , a teacher is entitled to be reemployed in the same district for the following school year on the contract terms the teacher and the employer may agree upon, or, if no terms are agreed upon, the provisions of the previous contract are continued for the following school year, subject to AS 14.20.158 . Except as provided in AS 14.20.177(e) , the right to automatic reemployment under this section expires if the teacher does not accept reemployment within 30 days after the date on which the teacher receives a contract of reemployment. A teacher who is on family leave under AS 39.20.500 — 39.20.550 must comply with the 30-day deadline in this section to retain the teacher’s reemployment rights under this section.

History. (§ 16 ch 98 SLA 1966; am § 4 ch 96 SLA 1992; am § 2 ch 31 SLA 1996)

Revisor’s notes. —

In 2002 “AS 39.20.500 — 39.20.550 ” was substituted for “AS 23.10.500 — 23.10.550” to reflect the 2002 renumbering of AS 23.10.500 — 23.10.550.

Opinions of attorney general. —

A teacher who has not been given proper notice of nonretention has an enforceable right to a written contract of employment for the next school year. That contract would contain terms like those in the teacher’s contract for the preceding year, subject to modification under AS 14.20.158 or in ways not specifically enumerated by AS 14.20.158 where such modifications are necessary to protect the reasonable expectations of the parties. The teacher would be entitled to a new written contract each year based on the terms of the preceding year’s contract, unless the terms were varied by agreement. March 25, 1987 Op. Att’y Gen.

Sec. 14.20.147. Transfer or absorption of attendance area and teachers.

1. When an attendance area is transferred from a currently operating district to, or absorbed into, a new or existing school district, the teachers for the attendance area also shall be transferred unless otherwise mutually agreed by the teacher or teachers and the chief school administrator of the new district if the district employs a chief school administrator. Accumulated or earned benefits, including seniority, salary level, tenure, leave, and retirement, accompany the teacher who is transferred.
2. [Repealed, § 48 ch 15 SLA 2014.]
3. On the first day of service in the absorbing school district, a teacher transferred from a federal agency school shall be allowed the actual number of days of accumulated sick leave that the teacher has earned while teaching in the state. Consistent with the established district policy the absorbing district may allow credit for any other type of leave.  Credit for retirement shall be allowed in accordance with AS 14.25.060 .

History. (§ 1 ch 53 SLA 1972; am § 1 ch 150 SLA 1975; am § 3 ch 31 SLA 1996; am § 26 ch 83 SLA 1998; am § 48 ch 15 SLA 2014)

Effect of amendments. —

The 2014 amendment, effective July 1, 2014, repealed (b).

Editor’s notes. —

Section 15, ch. 31, SLA 1996 provides that the amendments to subsection (b) made by ch. 31, SLA 1996 apply only to an individual (1) first hired as a teacher by a school district or regional educational attendance area, including Mt. Edgecumbe High School, on or after August 16, 1996, or (2) rehired as a teacher by a school district or regional educational attendance area, including Mt. Edgecumbe High School, on or after August 16, 1996 and following an interruption in continuous service and the interruption resulted either in a loss of tenure rights under AS 14.20.160 or in a failure to acquire tenure rights under AS 14.20.150 .

Sec. 14.20.148. Intradistrict teacher reassignments.

When a teacher is involuntarily transferred or reassigned to a position for which the teacher is qualified, within the district, the teacher’s moving expenses shall be paid unless the one-way driving distance is 20 miles or less from the teacher’s present place of residence, or unless otherwise mutually agreed by the teacher and chief school administrator of the district if the district employs a chief school administrator.

History. (§ 1 ch 136 SLA 1972; am § 27 ch 83 SLA 1998)

Sec. 14.20.149. Employee evaluation.

1. A school board shall adopt a certificated employee evaluation system for evaluation and improvement of the performance of the district’s teachers and administrators. The evaluation system applies to all the district’s certificated employees except the district’s superintendent. A school board shall consider information from students, parents, community members, classroom teachers, affected collective bargaining units, and administrators in the design and periodic review of the district’s certificated employee evaluation system. An evaluation of a certificated employee under this section must be based on observation of the employee in the employee’s workplace.
2. The certificated employee evaluation system must
   1. establish district performance standards for the district’s teachers and administrators that are based on professional performance standards adopted by the department by regulation;
   2. require at least two observations for the evaluation of each nontenured teacher in the district each school year;
   3. require at least an annual evaluation of each tenured teacher in the district who met the district performance standards during the previous school year;
   4. permit the district to limit its evaluations of tenured teachers who have consistently exceeded the district performance standards to one evaluation every two school years;
   5. require the school district to perform an annual evaluation for each administrator;
   6. require the school district to prepare and implement a plan of improvement for a teacher or administrator whose performance did not meet the district performance standards, except if the teacher’s or administrator’s performance warrants immediate dismissal under AS 14.20.170(a) ; and
   7. provide an opportunity for students, parents, community members, teachers, and administrators to provide information on the performance of the teacher or administrator who is the subject of the evaluation to the evaluating administrator.
3. A person may not conduct an evaluation under this section unless the person holds a type B certificate or is a site administrator under the supervision of a person with a type B certificate, is employed by the school district as an administrator, and has completed training in the use of the school district’s teacher evaluation system.
4. A school district shall offer in-service training to the certificated employees who are subject to the evaluation system on a schedule adopted by the governing body of a school district. The training must address the procedures of the evaluation system, the standards that the district uses in evaluating the performance of teachers and administrators, and other information that the district considers helpful.
5. A school district shall provide a tenured teacher whose performance, after evaluation, did not meet the district performance standards with a plan of improvement. The evaluating administrator shall consult with the tenured teacher in setting clear, specific performance expectations to be included in the plan of improvement. The plan of improvement must address ways in which the tenured teacher’s performance can be improved and shall last for not less than 90 workdays and not more than 180 workdays unless the minimum time is shortened by agreement between the evaluating administrator and the teacher. The plan of improvement shall be based on the professional performance standards outlined in the locally adopted school district evaluation procedure. The school district must observe the teacher at least twice during the course of the plan. If, at the conclusion of the plan of improvement, the tenured teacher’s performance again does not meet the district performance standards, the district may nonretain the teacher under AS 14.20.175(b)(1) .
6. A school district may place an administrator who has previously acquired tenure, whose performance, including performance as an evaluator under the district’s certificated employee evaluation system, does not meet the district performance standards on a plan of improvement. The plan must address ways in which the administrator’s performance can be improved and shall last for not less than 90 workdays and not more than 210 workdays unless the minimum time is shortened by agreement between the evaluating administrator and the administrator being evaluated. The school district must observe the administrator being evaluated at least twice during the course of the plan. If, at the conclusion of the plan of improvement, the administrator’s performance again does not meet the district performance standards, the district may terminate its employment contract with the administrator. This subsection does not restrict the right of a school district to reassign an administrator to a teaching position consistent with the terms of an applicable collective bargaining agreement.
7. The department may request copies of each school district’s certificated employee evaluation system and changes the district makes to the system.
8. Information provided to a school district under the school district’s certificated employee evaluation system concerning the performance of an individual being evaluated under the system is not a public record and is not subject to disclosure under AS 40.25.100 — 40.25.295 . However, the individual who is the subject of the evaluation is entitled to a copy of the information and may waive the confidentiality provisions of this subsection concerning the information.

History. (§ 4 ch 31 SLA 1996; am § 17 ch 41 SLA 2009; am § 11 ch 2 SSSLA 2015; am § 20 ch 22 SLA 2015)

Revisor’s notes. —

In 2000, “AS 40.25” was substituted for “AS 09.25” to reflect the 2000 renumbering of AS 09.25.100 — 09.25.220 .

Effect of amendments. —

The 2009 amendment, effective June 21, 2009, in (a), deleted “by July 1, 1997,” following “A school board shall adopt”.

The first 2015 amendment, effective May 15, 2015, substituted “AS 40.25.100 — 40.25.295 ” for “AS 40.25” at the end of the first sentence of (h).

The second 2015 amendment, effective October 7, 2015, in the first sentence of (d), substituted “A school district” for “Once each school year, a school district” at the beginning, and added “on a schedule adopted by the governing body of a school district” at the end.

Sec. 14.20.150. Acquisition and reacquisition of tenure rights.

1. Except as provided in (c) or (d) of this section, a teacher acquires tenure rights in a district when the teacher
   1. possesses a valid teaching certificate that authorizes the teacher to be employed as a certificated teacher or as an administrator under regulations adopted by the department;
   2. has been employed as a teacher in the same district continuously for three full school years;
   3. receives, in the third year of any three-year period of continuous employment with the district, an evaluation under the district’s evaluation system stating that the teacher’s performance meets the district performance standards; and
   4. on or before October 15 of the school year,
      1. accepts a contract for employment as a teacher in the district for a fourth consecutive school year; and
      2. performs a day of teaching services in the district during that school year.
2. In this section, a full school year of employment means employment that begins on or before the first student count day required by the department in a school year or October 15, whichever occurs first, and continues through the remainder of the school year.
3. A superintendent may not acquire or maintain tenure in a district.
4. A teacher who has acquired tenure in a school district in the state and who loses tenure in the district because of a break in service may reacquire tenure in that school district under this subsection if the break in service was not the result of a dismissal under AS 14.20.170 or nonretention under AS 14.20.175 and did not last longer than one year. A break in service that begins on or after the last day of a school district’s instructional days for a school year but before the first instructional day of the next school year will be considered to have lasted no longer than one year if the teacher is employed on the first instructional day of the school year that begins more than 12 but not more than 16 months after the beginning of the break in service. A previously tenured teacher reacquires tenure in the school district under this subsection when the teacher
   1. possesses a valid teaching certificate that authorizes the teacher to be employed as a certificated teacher or as an administrator under regulations adopted by the department;
   2. has been employed as a teacher in the district continuously for one full school year after a break in service that does not exceed the time limits set out in this subsection;
   3. receives, under the district’s evaluation system, an acceptable evaluation from the district; and
   4. on or before October 15 of the school year,
      1. accepts a contract for employment as a teacher in the district for a second consecutive school year; and
      2. performs a day of teaching services in the district during that school year.
5. Notwithstanding (a) of this section, a teacher who has acquired tenure in a school district who moves to a new school district acquires tenure in the new school district on the first instructional day of the third year of employment in the new school district if
   1. the teacher otherwise meets the qualifications for tenure set out in (a) of this section; and
   2. the break in service meets the requirements of (d) of this section.

History. (§ 1 ch 92 SLA 1960; am § 17 ch 98 SLA 1966; am § 5 ch 31 SLA 1996; am §§ 1, 2 ch 89 SLA 1999)

Cross references. —

For provision requiring the Department of Administration to present to the legislature no later than June 15, 2015 a proposed salary and benefits schedule for school districts and recommendations for teacher tenure, see sec. 52, ch. 15, SLA 2014 in the 2014 Temporary and Special Acts.

Administrative Code. —

For employment of professional personnel, see 4 AAC 18.

Editor’s notes. —

Section 15, ch. 31, SLA 1996 provides that the amendments to this section made by ch. 31, SLA 1996 apply only to an individual (1) first hired as a teacher by a school district or regional educational attendance area, including Mt. Edgecumbe High School, on or after August 16, 1996, or (2) rehired as a teacher by a school district or regional educational attendance area, including Mt. Edgecumbe High School, on or after August 16, 1996 and following an interruption in continuous service and the interruption resulted either in a loss of tenure rights under AS 14.20.160 or in a failure to acquire tenure rights under AS 14.20.150 .

Sec. 14.20.155. Effect of tenure rights.

1. Except as otherwise provided in this chapter, a teacher who has acquired tenure rights has the right to employment within the district during continuous service.
2. A teacher who has acquired tenure rights may agree to a new contract at any time.  However, if the teacher fails to agree to a new contract, the provisions of the previous contract are continued subject to AS 14.20.158 .

History. (§ 18 ch 98 SLA 1966; am § 6 ch 31 SLA 1996)

Sec. 14.20.158. Continued contract provisions.

Continuation of the provisions of a teacher’s contract under AS 14.20.145 or 14.20.155 does not

1. affect the alteration of the teacher’s salary in accordance with the salary schedule prescribed by state law, or in accordance with a local salary schedule applicable to all teachers in the district and adopted by bylaws;
2. limit the right of the employer to assign the teacher to any teaching, administrative, or counseling position for which the teacher is qualified; or
3. limit the right of the employer to assign the teacher, as is reasonably necessary, to any school in the district.

History. (§ 19 ch 98 SLA 1966)

Sec. 14.20.160. Loss of tenure rights.

Tenure rights are lost when the teacher’s employment in the district is interrupted or terminated. However, a teacher on layoff status does not lose tenure rights during the period of layoff except as provided under AS 14.20.177 .

History. (§ 1 ch 92 SLA 1960; am § 1 ch 104 SLA 1965; am § 20 ch 98 SLA 1966; am § 22 ch 37 SLA 1986; am § 7 ch 31 SLA 1996)

Sec. 14.20.165. Restoration of tenure rights.

A teacher who held tenure rights and who was retired due to disability under AS 14.25.130 , but whose disability (1) has been removed, and the removal of that disability is certified by a competent physician following a physical or mental examination, or (2) has been compensated for by rehabilitation or other appropriate restorative education or training, and that rehabilitation or restoration to health has been certified by the division of vocational rehabilitation of the Department of Labor and Workforce Development, shall be restored to full tenure rights in the district from which the teacher was retired, at such time as an opening for which the teacher is qualified becomes available.

History. (§ 1 ch 71 SLA 1975; am § 5 ch 58 SLA 1999)

Sec. 14.20.170. Dismissal.

1. A teacher, including a teacher who has acquired tenure rights, may be dismissed at any time only for the following causes:
   1. incompetency, which is defined as the inability or the unintentional or intentional failure to perform the teacher’s customary teaching duties in a satisfactory manner;
   2. immorality, which is defined as the commission of an act that, under the laws of the state, constitutes a crime involving moral turpitude; or
   3. substantial noncompliance with the school laws of the state, the regulations or bylaws of the department, the bylaws of the district, or the written rules of the superintendent.
2. A teacher may be suspended temporarily with regular compensation during a period of investigation to determine whether or not cause exists for the issuance of a notification of dismissal according to AS 14.20.180 .
3. A teacher who is dismissed under this section is not entitled to a plan of improvement under AS 14.20.149 .

History. (§ 2 ch 92 SLA 1960; am § 21 ch 98 SLA 1966; am §§ 1, 2 ch 104 SLA 1966; am § 8 ch 31 SLA 1996)

Sec. 14.20.175. Nonretention.

1. A teacher who has not acquired tenure rights is subject to nonretention for the school year following the expiration of the teacher’s contract for any cause that the employer determines to be adequate.  However, at the teacher’s request, the teacher is entitled to a written statement of the cause for nonretention.  The boards of city and borough school districts and regional educational attendance areas shall provide by regulation or bylaw a procedure under which a nonretained teacher may request and receive an informal hearing by the board.
2. A teacher who has acquired tenure rights is subject to nonretention for the following school year only for the following causes:
   1. the school district demonstrates that
      1. the district has fully complied with the requirements of AS 14.20.149 with respect to the tenured teacher;
      2. the teacher’s performance, after completion of the plan of improvement, failed to meet the performance objectives set out in the plan; and
      3. the evaluation of the teacher established that the teacher does not meet the district performance standards;
   2. immorality, which is defined as the commission of an act that, under the laws of the state, constitutes a crime involving moral turpitude; or
   3. substantial noncompliance with the school laws of the state, the regulations or bylaws of the department, the bylaws of the district, or the written rules of the superintendent.

History. (§ 22 ch 98 SLA 1966; am § 1 ch 11 SLA 1968; am § 13 ch 46 SLA 1970; am § 15 ch 124 SLA 1975; am § 9 ch 31 SLA 1996)

Sec. 14.20.177. Reductions in force.

1. A school district may implement a layoff plan under this section if it is necessary for the district to reduce the number of tenured teachers because
   1. school attendance in the district has decreased; or
   2. the basic need of the school district determined under AS 14.17.410(b)(1) decreases by three percent or more from the previous year.
2. Before a school district lays off any tenured teacher, the school board shall adopt a layoff plan. The plan must identify academic and other programs that the district intends to maintain in implementing the layoff plan. The plan must also include procedures for layoff and recall of tenured teachers consistent with this section.
3. Except as provided in this subsection, a school district may place a tenured teacher on layoff status only after the district has given notice of nonretention to all nontenured teachers. However, a school district may retain a nontenured teacher and place on layoff status a tenured teacher if there is no tenured teacher in the district who is qualified to replace the nontenured teacher. The school district shall comply with the notice requirements set out in AS 14.20.140 in placing a tenured or nontenured teacher on layoff status.
4. For purposes of this section, a tenured teacher is considered qualified for a position if the position is in
   1. grades K — 8 and the teacher has an elementary endorsement;
   2. an established middle school and the teacher has
      1. an elementary endorsement;
      2. a middle school endorsement; or
      3. a secondary certificate with a subject area endorsement in the area of assignment in which the teacher filling the position will spend at least 40 percent of the teacher’s time or the teacher has, within the five years immediately preceding the last date on which the teacher performed teaching services in the district before being laid off, received an evaluation stating that the teacher’s performance in the subject or subjects meets the district performance standards; or
   3. grades 9 — 12 and the teacher has an endorsement for each subject area in which the teacher filling the position will spend at least 40 percent of the teacher’s time or the teacher has, within the five years immediately preceding the last date on which the teacher performed teaching services in the district before being laid off, received an evaluation stating that the teacher’s performance in the subject or subjects meets the district performance standards.
5. For a period of three years after layoff, a teacher is on layoff status and is entitled to a hiring preference in the district where the teacher had been employed. The hiring preference applies only to vacant teaching positions for which the teacher is qualified. If a teacher is offered a teaching position under this subsection and the teacher declines the offer or fails to accept it within 30 days, the teacher is no longer considered to be on layoff status and is no longer entitled to a hiring preference under this section unless the teacher declines the offer because the teacher is contractually obligated to provide professional services to another private or public educational program.
6. Notwithstanding any provision of AS 23.40, the terms of a collective bargaining agreement entered into between a school district and a bargaining organization representing teachers on or after August 16, 1996, may not be in conflict with the provisions of this section.
7. A teacher on layoff status is not entitled to be reemployed under AS 14.20.145 and does not accrue leave. However, layoff status does not constitute a break in service for retaining tenure rights and accrued sick leave.
8. In this section, “school district” or “district” means a city or borough school district or a regional educational attendance area.

History. (§ 10 ch 31 SLA 1996; am § 15 ch 32 SLA 1997; am § 28 ch 83 SLA 1998)

Sec. 14.20.180. Procedures upon notice of dismissal or nonretention.

1. Before a teacher is dismissed, the employer shall give the teacher written notice of the proposed dismissal and a pretermination hearing. A pretermination hearing under this section must comport with the minimum requirements of due process, including an explanation of the employer’s evidence and basis for the proposed dismissal and an opportunity for the teacher to respond. If, following a pretermination hearing, an employer determines that dismissal is appropriate, the employer shall provide written notice, including a statement of cause and a complete bill of particulars, of the decision. The dismissal is effective when the notice is delivered to the teacher.
2. An employer that has decided to nonretain a tenured teacher shall provide the teacher with written notice, including a statement of cause and a complete bill of particulars. The notice must comply with AS 14.20.140(a) .
3. Within 15 days after receipt of a decision of dismissal under (a) of this section or nonretention under (b) of this section, a teacher may notify the employer in writing that the teacher is requesting a hearing before the school board under (d) of this section or that the teacher is invoking the grievance procedures under (e) of this section.
4. Upon receipt of a request for a hearing, the employer shall immediately schedule a hearing and notify the teacher in writing of the date, time, and place of the hearing. The teacher may elect to have either a public or a private hearing, and to have the hearing under oath or affirmation. The parties have a right to be represented by counsel and to cross-examine witnesses. The teacher has the right to subpoena a person who has made statements that are used as a basis for the employer’s decision to dismiss or nonretain. A written transcript, tape, or similar recording of the proceedings shall be kept. A copy of the recording shall be furnished to the teacher, for cost, upon request of the teacher. A decision of the school board requires a majority vote of the membership, by roll call. The board’s decision shall be in writing and must contain specific findings of fact and conclusions of law. A copy of the decision shall be furnished to the teacher within 10 days after the date of the decision. If the school board sustains the dismissal or nonretention, the teacher may appeal the decision to the superior court for judicial review based on the administrative record.
5. Upon receipt of a notice invoking the grievance procedures, the school board shall immediately schedule an informal hearing and notify the teacher in writing of the date, time, and place of the hearing. The hearing is for the purpose of reviewing the statement of cause and bill of particulars and not for the purpose of taking evidence. The teacher may choose whether the informal hearing is held in public or in private. A decision of the school board requires a majority vote of the membership, by roll call. The board’s decision shall be in writing. The board shall promptly furnish a copy of the decision to the teacher. If the board sustains the dismissal or nonretention, the teacher may, within 15 days after receipt of the decision, give written notice to the school board and submit the matter to arbitration under the rules of the American Arbitration Association. The decision of the arbitrator is final and binding on the school board, the teacher, and the bargaining organization representing the teacher, if any. If the school board and the teacher agree, they may waive the informal hearing under this subsection and submit the matter directly to arbitration.

History. (§ 3a ch 92 SLA 1960; am § 23 ch 98 SLA 1966; am §§ 2, 3 ch 11 SLA 1968; am § 14 ch 46 SLA 1970; am §§ 16, 17 ch 124 SLA 1975; am § 11 ch 31 SLA 1996)

Secs. 14.20.185 — 14.20.200. Procedure and hearing; appeals. [Repealed, § 59 ch 98 SLA 1966.]

Sec. 14.20.205. Judicial review. [Repealed, § 14 ch 31 SLA 1996.]

Sec. 14.20.207. [Renumbered as AS 14.20.215.]

Sec. 14.20.210. Authority of school board or department to adopt bylaws.

A school board or the department may adopt teacher tenure bylaws not in conflict with the regulations of the department or state law.

History. (§ 4 ch 92 SLA 1960; am § 26 ch 98 SLA 1966)

Sec. 14.20.215. Definitions.

In AS 14.20.010 — 14.20.215 ,

1. “continuous employment” means employment that is without interruption except for temporary absences approved by the employer or its designee, or except for the interval between consecutive school terms if the teacher is employed only for the months of the school term;
2. “dismissal” means termination by the employer of the contract services of the teacher during the time a teacher’s contract is in force, and termination of the right to the balance of the compensation due the teacher under the contract;
3. “district performance standards” means evaluation criteria for the district’s teachers and administrators that are adopted by a school district under AS 14.20.149 and that are based on the professional performance standards adopted by the department;
4. “employer” means the school board or superintendent that appoints the teacher;
5. “nonretention” means the election by an employer not to reemploy a teacher for the school year or school term immediately following the expiration of the teacher’s current contract;
6. “school year” includes “school term” if the teacher is employed only for the period of the school term;
7. “teacher” means an individual who, for compensation, has primary responsibility to plan, instruct, and evaluate learning of elementary or secondary school students in the classroom or an equivalent setting and also includes individuals holding other positions as determined by the department by regulation.

History. (§ 25 ch 98 SLA 1966; am § 15 ch 46 SLA 1970; am § 19, ch 124 SLA 1975; am § 9 ch 151 SLA 1990; am § 3 ch 76 SLA 1992; am § 12 ch 31 SLA 1996; am § 42 ch 12 SLA 2006)

Revisor’s notes. —

Formerly AS 14.20.207 . Renumbered and reorganized to alphabetize the defined terms in 1987. Paragraph (3) was enacted as (8); renumbered in 1996, at which time former (3) — (7) were renumbered as (4) — (8).

Sec. 14.20.220. School experience for salary scales.

1. [Repealed, § 52 ch 6 SLA 1984.]
2. [Repealed, § 52 ch 6 SLA 1984.]
3. [Repealed, § 52 ch 6 SLA 1984.]
4. [Repealed, § 35 ch 46 SLA 1970.]
5. For teachers holding bachelors’ degrees, not more than six years of school experience outside the state may be substituted for a like period of school experience in the state when a teacher’s position on the salary scale is established, and, for teachers holding masters’ degrees, not more than eight years of school experience outside the state may be substituted for a like period of school experience in the state when a teacher’s position on the salary scale is established.
6. [Repealed, § 23 ch 37 SLA 1986.]
7. In this section, “school experience” means a full-time elementary or secondary teacher in a public or nonpublic school as defined in AS 14.25.220 .

History. (§ 37-6-1 ACLA 1949; am § 1 ch 69 SLA 1949; am § 1 ch 104 SLA 1951; am § 1 ch 104 SLA 1953; am § 1 ch 176 SLA 1955; am § 1 ch 179 SLA 1957; am § 1 ch 51 SLA 1961; am § 1 ch 54 SLA 1963; am § 1 ch 160 SLA 1966; am §§ 1 — 3 ch 208 SLA 1968; am §§ 1, 2 ch 209 SLA 1968; am §§ 16, 35 ch 46 SLA 1970; am § 1 ch 229 SLA 1970; am § 52 ch 6 SLA 1984; am § 23 ch 37 SLA 1986)

Sec. 14.20.230. Administrators’ salaries. [Repealed, § 52 ch 6 SLA 1984.]

Secs. 14.20.240 — 14.20.270. Salaries; reimbursement by state to school districts; limitation on higher salaries not prohibited; determination of number of teachers, superintendents, principals and vice principals for which district entitled to reimbursement. [Repealed, § 6 ch 229 SLA 1970.]

Sec. 14.20.275. Definitions. [Repealed, § 52 ch 6 SLA 1984.]

Sec. 14.20.280. Basis of leave.

A teacher who has rendered active service for seven or more years in a district is eligible for sabbatical leave. Sabbatical leave may be taken for educational purposes only, and for not more than one school year.

History. (§ 1 ch 134 SLA 1962; am § 1 ch 62 SLA 1964; am § 2 ch 104 SLA 1965; am § 27 ch 98 SLA 1966; am § 1 ch 168 SLA 1968)

Sec. 14.20.290. Application.

A teacher who wishes to take sabbatical leave shall apply to the governing body of the school district. The teacher shall submit information showing qualifications for sabbatical leave and a plan for education during the leave.

History. (§ 2 ch 134 SLA 1962; am § 28 ch 98 SLA 1966)

Sec. 14.20.300. Selection of teachers.

1. The governing body of the school district has the responsibility for selection of the teachers to be granted sabbatical leave.
2. In selecting teachers for sabbatical leave, the governing body shall consider the benefit that the school district will derive from the proposed plan of the teacher for educational purposes, the field of study of the teacher, the contributions of the teacher to education in the state, and the seniority of the teacher.

History. (§ 3 ch 134 SLA 1962; am § 29 ch 98 SLA 1966)

Sec. 14.20.310. Number of teachers on sabbatical leave; compensation.

1. The number of teachers eligible for sabbatical leave that may be allowed under AS 14.20.280 — 14.20.350 is as follows:
   1. not more than one-half of one percent of the total number of teachers from all borough and city school districts and regional educational attendance areas may be on state-supported sabbatical leave in any year;
   2. any number of teachers may be on sabbatical leave at school district or personal expense.
2. A teacher on state-supported sabbatical leave is entitled to one-half of base salary to be paid by the department.
3. A teacher on sabbatical leave at district expense is entitled to an amount of salary to be determined by the school board.

History. (§ 4 ch 134 SLA 1962; am § 3 ch 104 SLA 1965; am § 30 ch 98 SLA 1966; am § 2 ch 168 SLA 1968; am § 53 ch 6 SLA 1984; am § 7 ch 9 SLA 2013)

Effect of amendments. —

The 2013 amendment, effective May 10, 2013, in (a)(1), substituted “regional educational attendance areas” for “regional education attendance areas”.

Sec. 14.20.320. Responsibility of teacher.

Upon the return of a teacher to the teaching position, the teacher shall make a report to the governing body concerning educational accomplishments. A teacher who does not serve for at least a full year after returning shall refund to the school board money paid to the teacher under AS 14.20.310 unless the failure to serve a full year after return is attributable to sickness, injury, or death.

History. (§ 5 ch 134 SLA 1962; am § 4 ch 104 SLA 1965; am § 31 ch 98 SLA 1966; am § 20 ch 46 SLA 1970; am § 54 ch 6 SLA 1984)

Sec. 14.20.330. Position, tenure, and retirement.

1. Unless it is otherwise agreed, a teacher returning from sabbatical leave shall return to the position occupied by that teacher when the sabbatical leave began.
2. A sabbatical leave is not an interruption of the continuous service necessary to attain or retain tenure under AS 14.20.150 , 14.20.155 , or 14.20.160 . However, the time spent on sabbatical leave may not be counted in determining when a teacher has sufficient service to enable the teacher to acquire tenure rights.
3. A sabbatical leave is not a break in service for retirement purposes.  Payment into the retirement fund shall be made on the basis of full salary.

History. (§ 6 ch 134 SLA 1962; am § 32 ch 98 SLA 1966)

Sec. 14.20.340. Military service and previous leaves of absence.

To determine eligibility for sabbatical leave, tours of military service and leaves of absence granted before July 1, 1963, are not considered years of active service.

History. (§ 7 ch 134 SLA 1962; am § 2 ch 62 SLA 1964)

Sec. 14.20.345. Leave of absence without pay.

1. A teacher may be granted a leave of absence without pay for the purposes which may be approved by the governing body of the district if
   1. the teacher’s application is approved by the governing body of the district; and
   2. the teacher agrees to return to employment in a public school not later than the beginning of the school year following termination of the period for which the leave of absence was granted.
2. A leave of absence is not an interruption of the continuous service necessary to attain or retain retirement or tenure rights under AS 14.20.150 , 14.20.155 , or 14.20.160 . However, the time spent on leave of absence may not be counted in determining when a teacher has sufficient service to enable the teacher to acquire retirement or tenure rights.
3. The leave of absence is not a break in service for retirement purposes.
4. The governing body of the district may agree to continue the teacher’s retirement contributions if the teacher agrees to pay the percent required under AS 14.25.050 of the salary the teacher would have received during the leave of absence and reimburse the district for the district’s required retirement contribution. Each year of leave of absence then would count as a year of retirement service.
5. The governing body of the district may advance the teacher on the district salary schedule when the teacher returns to employment if the governing body determines that the teacher’s leave of absence was educationally or professionally beneficial to the teacher or the district.
6. A teacher may make contributions to the retirement fund for each year or portion of a year of leave of absence taken.  The contribution shall include the required percent of the salary the teacher would have received had the leave of absence not been taken, plus the required employer and state contributions that would have been made.  Compound interest at the rate prescribed by regulation shall be added as computed from the beginning date of the leave of absence to the date the teacher pays the contribution.

History. (§ 5 ch 104 SLA 1965; am §§ 33, 34 ch 98 SLA 1966; am § 1 ch 44 SLA 1971; am § 1 ch 184 SLA 1972; am § 2 ch 99 SLA 1974; am § 1 ch 6 SLA 1993)

Administrative Code. —

For service under the defined benefits plan (AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 4.

Sec. 14.20.350. Definition.

In AS 14.20.280 — 14.20.350 , “teacher” means a certificated member of the teaching, supervisory, or administrative corps in the public schools of the state.

History. (§ 8 ch 134 SLA 1962)

Sec. 14.20.370. Teaching profession.

Teachers required by state law to be certificated, instructors in institutions of higher learning, school administrators, school program administrators, and school counselors are within the teaching profession.

History. (§ 35 ch 98 SLA 1966)

Administrative Code. —

For professional standards, see 20 AAC 10, art. 1.

Opinions of attorney general. —

Unless the duties of an employee of the department of education can be characterized as falling within one of the five categories of this section, that employee cannot be said to fall within the teaching profession for purposes of the Professional Teaching Practices Act. July 15, 1977 Op. Att’y Gen.

The only employees of the department of education who might fit into one of the categories of this section are those who are employed by the department at the Alaska Skill Center or in its centralized correspondence study program. July 15, 1977 Op. Att’y Gen.

Sec. 14.20.380. Creation of a commission.

There is a commission of professional educators known as the Professional Teaching Practices Commission.

History. (§ 35 ch 98 SLA 1966)

Sec. 14.20.390. Appointment and qualifications.

The commission consists of nine members appointed by the governor and confirmed by a majority of the members of the legislature in joint session. Each member, in addition to having been actively engaged in the teaching profession for at least five years immediately preceding appointment, shall be a citizen of the United States and a resident of the state.

History. (§ 35 ch 98 SLA 1966)

Sec. 14.20.400. Composition of the commission.

The commission consists of the following members:

1. five classroom teachers;
2. one principal;
3. one superintendent;
4. one representative of the office of the commissioner;
5. one representative of an Alaska institution of higher learning.

History. (§ 35 ch 98 SLA 1966)

Sec. 14.20.410. Selection of members.

1. Members of the commission shall be selected as follows:
   1. the five classroom teachers from lists of names submitted by recognized Alaska teachers’ organizations, each list not to exceed 12 names; however, in lieu of one of the five, one classroom teacher may be selected from a list of not more than four names signed and submitted by not less than 25 teachers who have no affiliation with any organization qualified to submit nomination lists, with the limitation that no teacher may sign more than one list in any year;
   2. the principal from a list of three names submitted by the Alaska Principals Association;
   3. the superintendent from a list of three names submitted by the Superintendents Advisory Commission;
   4. the representative of the office of the commissioner from a list of three names submitted by the commissioner;
   5. the representative of an Alaska institution of higher learning from lists of names submitted by Alaska institutions of higher learning, each list not to exceed three names.
2. The lists shall be submitted to the commissioner who shall submit them as a group to the governor’s office.
3. At least 30 days before a position on the commission is due to become vacant, the chairman shall cause notice of the impending vacancy to be published and to be conveyed to each organized group eligible to submit a list of nominees.

History. (§ 35 ch 98 SLA 1966)

Sec. 14.20.420. Term of office.

1. The term of office for each member of the commission is three years and, except as provided in AS 39.05.080 (4), each member serves until a successor is appointed.
2. Vacancies shall be filled by appointment by the governor and, except as provided in AS 39.05.080 (4), an appointment to fill a vacancy is for the unexpired term.
3. An individual may not serve more than a total of two 3-year terms.
4. The commission shall select a chairman from among its members.

History. (§ 35 ch 98 SLA 1966; am § 23 ch 14 SLA 1987; am §§ 5, 6 ch 80 SLA 1996)

Sec. 14.20.430. Dismissal.

Any member may be removed by the governor for misconduct, malfeasance or nonfeasance in office, or incapacity.

History. (§ 35 ch 98 SLA 1966)

Sec. 14.20.440. Reimbursement.

Members of the commission shall receive per diem according to law and are to be granted administrative leave with full pay by their employer for time spent in the performance of official duties under AS 14.20.370 — 14.20.510 . If a member is required to spend more than 15 days in a fiscal year in the performance of official duties under AS 14.20.370 — 14.20.510 , the state shall reimburse the employer for costs incurred after the 15th day.

History. (§ 35 ch 98 SLA 1966; am § 1 ch 4 SLA 1975)

Sec. 14.20.450. Responsibilities of commission.

The commission shall have the initial responsibility of developing, through the teaching profession, criteria of professional practices in areas including

1. ethical and professional performance;
2. preparation for and continuance in professional services; and
3. contractual obligations.

History. (§ 35 ch 98 SLA 1966; am § 15 ch 3 SLA 2017)

Administrative Code. —

For professional standards, see 20 AAC 10, art. 1.

Effect of amendments. —

The 2017 amendment, effective July 1, 2017, deleted “, but not limited to:” at the end of the introductory language.

Sec. 14.20.460. Duties of commission.

The commission shall

1. establish procedures, and adopt regulations to implement the purposes of AS 14.20.370 — 14.20.510 ;
2. conduct investigations and hearings on alleged violations of ethical or professional teaching performance, contractual obligations, and professional teaching misconduct;
3. review the regulations of the department as they relate to teacher certification and recommend necessary changes;
4. review the decisions of the department regarding the issuance or denial of certificates and in its discretion recommend reversal of decisions.

History. (§ 35 ch 98 SLA 1966)

Administrative Code. —

For professional standards, see 20 AAC 10, art. 1.

For complaints and investigations, see 20 AAC 10, art. 3.

Sec. 14.20.470. Powers of commission.

1. The commission may
   1. study proposals developed by regular committees of any existing professional organization whose members are within the teaching profession;
   2. subpoena witnesses, place them under oath, and maintain written records;
   3. warn or reprimand members of the teaching profession, if in the judgment of the commission such action is warranted;
   4. suspend or revoke the certificate of a member of the teaching profession for one of the reasons set out in AS 14.20.030 except that in the case of an administrator, the commissioner must concur;
   5. make any recommendation to the board or to school boards that will promote an improvement in the teaching profession;
   6. request assistance through any of the investigative processes of any existing professional teaching organizations when analyzing charges of breach of ethical or professional teaching practices;
   7. appoint an executive secretary, delegate those ministerial functions to the executive secretary as the commission may decide and set the executive secretary’s compensation with a starting salary not exceeding range 26, step B of the pay plan for state employees in AS 39.27.011(a) .
2. A decision issued by the commission with the approval of the commissioner under (a)(4) of this section is final.

History. (§ 35 ch 98 SLA 1966; am § 1 ch 77 SLA 1972; am §§ 3, 4 ch 9 SLA 1975; am § 2 ch 103 SLA 1976; am § 13 ch 94 SLA 1980)

Administrative Code. —

For professional standards, see 20 AAC 10, art. 1.

For complaints and investigations, see 20 AAC 10, art. 3.

Collateral references. —

Bias of members of license revocation board. 97 ALR2d 1210.

Sec. 14.20.475. Applicability of the Administrative Procedure Act.

AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under AS 14.20.370 — 14.20.510 .

History. (§ 5 ch 9 SLA 1975)

Sec. 14.20.480. Effect of standards.

Members of the teaching profession are obligated to abide by the professional teaching standards adopted by the commission.

History. (§ 35 ch 98 SLA 1966)

Administrative Code. —

For professional standards, see 20 AAC 10, art. 1.

Sec. 14.20.500. Support.

In addition to available state funds, the commission shall also be financed by members of the profession in accordance with regulations adopted by the department including, if necessary, an increase in the fees for certificates.

History. (§ 35 ch 98 SLA 1966; am § 1 ch 73 SLA 1973)

Sec. 14.20.510. Short title.

AS 14.20.370 — 14.20.510 shall be known as the Professional Teaching Practices Act.

History. (§ 35 ch 98 SLA 1966)

Secs. 14.20.550 — 14.20.610. Negotiation and mediation. [Repealed, § 10 ch 1 SLA 1992. For current provisions on teacher negotiations, see AS 23.40.]

Sec. 14.20.620. Entry into agreement.

The interstate Agreement on Qualification of Educational Personnel is enacted into law and entered into in behalf of the State of Alaska with all other states and jurisdictions legally joining in it in a form substantially as contained in AS 14.20.630 .

History. (§ 1 ch 83 SLA 1970)

Sec. 14.20.630. Terms and provisions of agreement.

The terms and provisions of the agreement referred to in AS 14.20.620 are as follows:

History. (§ 1 ch 83 SLA 1970)

INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL.

Sec. 14.20.640. Designated state official to make contracts.

The designated state official to make contracts on behalf of the state under Article III of the agreement shall be the commissioner.

History. (§ 1 ch 83 SLA 1970)

Sec. 14.20.650. Filing and publishing of contracts.

True copies of all contracts made on behalf of this state under the agreement shall be kept on file in the office of the commissioner and in the office of the lieutenant governor. The department shall publish all the contracts in convenient form.

History. (§ 1 ch 83 SLA 1970)

Sec. 14.20.680. Required alcohol and drug related disabilities training.

1. A school district or regional educational attendance area shall train each teacher, administrator, counselor, and specialist on the needs of individual students who have alcohol or drug related disabilities.  The training must utilize the best available educational technology and include an overview of medical and psychological characteristics associated with alcohol or drug related disabilities, family issues, and the specific educational needs of students with alcohol or drug related disabilities.
2. A school district or regional educational attendance area shall provide the training required under (a) of this section on a schedule adopted by the governing body of a school district or regional educational attendance area.

History. (§ 1 ch 152 SLA 1990; am § 12 ch 2 SSSLA 2015)

Effect of amendments. —

The 2015 amendment, effective October 7, 2015, rewrote (b), which read, “A newly hired teacher, administrator, counselor, or specialist who has not previously received the training required under (a) of this section shall receive the required training within 45 days after the first day the teacher, administrator, counselor, or specialist begins to work.”

Sec. 14.25.001. Purpose.

The purpose of this chapter is to encourage qualified teachers to enter and remain in service with participating employers by establishing plans for the payment of retirement, disability, and death benefits to or on behalf of the members.

History. (§ 1 ch 9 FSSLA 2005)

Sec. 14.25.002. Attorney general.

The attorney general of the state is the legal counsel for the system and shall advise the administrator and represent the system in a legal proceeding.

History. (§ 1 ch 9 FSSLA 2005)

Sec. 14.25.003. Administrator.

1. The commissioner of administration or the commissioner’s designee is the administrator of the system.
2. The commissioner of administration shall adopt regulations to govern the operation of the system.

History. (§ 1 ch 9 FSSLA 2005)

Administrative Code. —

For administration of the defined benefits plan ( AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 2.

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

For service under the defined benefits plan (AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 4.

For employment-related benefits for same-sex partners of state employees and retirees under the state’s retirement systems, see 2 AAC 38.

Sec. 14.25.004. Powers and duties of the administrator.

1. The administrator shall
   1. establish and maintain an adequate system of accounts;
   2. transmit the funds deposited in the system to the retirement fund established and maintained by the Alaska Retirement Management Board;
   3. approve or disapprove claims for retirement benefits;
   4. make payments for the various purposes specified;
   5. submit periodic reports or statements of account that are needed;
   6. issue a statement of account to an employee not less than once each year showing the amount of the employee’s contributions to the applicable plan in the system;
   7. formulate and recommend to the commissioner of administration regulations to govern the operation of the system;
   8. as soon as possible after the close of each fiscal year, and not later than six months after the close of each fiscal year, send to the governor and the legislature an annual statement on the operations of each of the plans in the system containing
      1. a balance sheet;
      2. a statement of income and expenditures for the previous fiscal year;
      3. a report on valuation of trust fund assets;
      4. a summary of assets held in the trust fund listed by the categories of investment, as provided by the Alaska Retirement Management Board;
      5. other statistical financial data that are necessary for proper understanding of the financial condition of the system as a whole and each plan in the system and the result of its operations;
   9. engage an independent certified public accountant to conduct an annual audit of each plan’s accounts and the annual report of the system’s financial condition and activity;
   10. report to the Legislative Budget and Audit Committee concerning the condition and administration of each plan and distribute the report to the members of each plan in the system;
   11. publish an information handbook for each plan in the system at intervals that the administrator considers appropriate;
   12. meet at least annually with the board to review the condition and management of the retirement systems and to review significant changes to policies, regulations, or benefits; and
   13. do whatever else may be necessary to carry out the purposes of each plan in the system.
2. The administrator is authorized to charge fees necessary to members’ accounts to cover the ongoing cost of operating each plan in the system.
3. The administrator is authorized to contract with public and private entities to provide record keeping, benefits payments, and other functions necessary for the administration of each plan in the system.

History. (§ 1 ch 9 FSSLA 2005)

Sec. 14.25.005. Regulations.

1. Regulations adopted by the commissioner of administration under this chapter relate to the internal management of a state agency, and the adoption of the regulations is not subject to AS 44.62 (Administrative Procedure Act).
2. Notwithstanding (a) of this section, a regulation adopted under this chapter shall be published in the Alaska Administrative Register and Code for informational purposes.
3. Each regulation adopted under this chapter must conform to the style and format requirements of the drafting manual for administrative regulations that is published under AS 44.62.050 .
4. At least 30 days before the adoption, amendment, or repeal of a regulation under this chapter, the commissioner of administration shall provide notice of the action that is being considered. The notice shall be
   1. posted in public buildings throughout the state;
   2. published in one or more newspapers of general circulation in each judicial district of the state;
   3. mailed to each person or group that has filed a request for notice of proposed action with the commissioner of administration; and
   4. furnished to each member of the legislature and to the Legislative Affairs Agency.
5. Failure to mail notice to a person as required under (d)(3) of this section does not invalidate an action taken by the commissioner of administration.
6. The commissioner of administration may hold a hearing on a proposed regulation.
7. A regulation adopted under this chapter takes effect 30 days after adoption by the commissioner of administration.
8. Notwithstanding the other provisions of this section, a regulation may be adopted, amended, or repealed, effective immediately, as an emergency regulation by the commissioner of administration. For an emergency regulation to be effective, the commissioner must find that the adoption, amendment, or repeal of the regulation is necessary for the immediate preservation of the orderly operation of the system. The commissioner shall, within 10 days after adoption of an emergency regulation, give notice of the adoption under (d) of this section.
9. In this section, “regulation” has the meaning given in AS 44.62.640(a) .

History. (§ 1 ch 9 FSSLA 2005)

Administrative Code. —

For employment-related benefits for same-sex partners of state employees and retirees under the state’s retirement systems, see 2 AAC 38.

Sec. 14.25.006. Appeals.

An employer, member, annuitant, or beneficiary may appeal a decision made by the administrator to the office of administrative hearings established under AS 44.64. An aggrieved party may appeal a final decision to the superior court.

History. (§ 1 ch 9 FSSLA 2005)

Sec. 14.25.007. Investment management of retirement system funds.

The Alaska Retirement Management Board established under AS 37.10.210 is the fiduciary of the system funds.

History. (§ 1 ch 9 FSSLA 2005)

Sec. 14.25.008. Definitions.

In AS 14.25.001 — 14.25.008 ,

1. “plan” means a retirement plan established in AS 14.25.009 — 14.25.220 or the retirement plan established in AS 14.25.310 — 14.25.590 ;
2. “system” means all retirement plans established under the teachers’ retirement system.

History. (§§ 1, 2 ch 9 FSSLA 2005)

Sec. 14.25.009. Applicability of AS 14.25.009 — 14.25.220.

The provisions of AS 14.25.009 — 14.25.220 apply only to members first hired before July 1, 2006.

History. (§ 3 ch 9 FSSLA 2005)

Sec. 14.25.010. Retirement plan established; federal qualification requirements.

1. A joint-contributory retirement plan for teachers of the state is created.
2. The retirement plan established by AS 14.25.009 — 14.25.220 is intended to qualify under 26 U.S.C. 401(a) and 414(d) (Internal Revenue Code) as a qualified retirement plan established and maintained by the state for its employees, for the employees of school districts and regional educational attendance areas in the state, and for the employees of other employers whose participation is authorized by AS 14.25.009 — 14.25.220 and who participate in this plan.
3. An amendment to AS 14.25.009 — 14.25.220 does not provide a person with a vested right to a benefit if the Internal Revenue Service determines that the amendment will result in disqualification of the plan under the Internal Revenue Code.

History. (§ 1 ch 145 SLA 1955; am § 1 ch 89 SLA 1960; am § 1 ch 59 SLA 2002; am § 2 ch 92 SLA 2004; am § 4 ch 9 FSSLA 2005)

Sec. 14.25.012. Purpose and effective date.

1. [Repealed, § 132 ch 9 FSSLA 2005.]
2. The plan created in AS 14.25.009 — 14.25.220 became effective as of July 1, 1955, at which time contributions by the participating employers and members began.
3. Employees first hired after June 30, 2006, are not eligible to participate in the plan established in AS 14.25.009 — 14.25.220 .

History. (§ 1 ch 13 SLA 1980; am §§ 5, 6, 132 ch 9 FSSLA 2005)

Secs. 14.25.015 — 14.25.037. Administrator; Powers of the administrator; Regulations; Duties of the administrator; Teachers’ Retirement Board; Hearings. [Repealed, § 132 ch 9 FSSLA 2005.]

Sec. 14.25.040. Membership; credited service.

1. Unless a teacher or member participates in a university retirement program under AS 14.40.661 — 14.40.799 or has elected under AS 14.25.540 to participate in the plan established in AS 14.25.310 — 14.25.590 , a teacher or member contracting for service with a participating employer is subject to AS 14.25.009 — 14.25.220 .
2. A state legislator who was an active member of this plan under other sections of AS 14.25.009 — 14.25.220 within the 12 months immediately preceding election to office may elect to be an active member of this plan for as long as the state legislator serves continuously as a state legislator subject to the requirements of (c) of this section, if, within 90 days after taking the oath of office,
   1. the state legislator directs the employer in writing to
      1. pay into this plan the employer contributions required for a member under AS 14.25.009 — 14.25.220 ; and
      2. deduct from the state legislator’s salary and pay into this plan
         1. the employee contributions required for a member under AS 14.25.009 — 14.25.220; and
         2. an amount equal to the difference between the total employer and state contributions required for a member under AS 14.25.009 — 14.25.220 and the employer contributions which would be required under the public employees’ retirement system (AS 39.35) if the legislator were covered under that system; and
   2. notice is given the administrator in writing.
3. A state legislator is not entitled to elect membership under (b) of this section if the state legislator is covered for the same period of service under the public employees’ retirement system (AS 39.35). An election of membership under (b) of this section is retroactive to the date the state legislator took the oath of office. A state legislator may not receive membership credit under (b) of this section for legislative service performed before the legislative session during which the state legislator elected membership under (b) of this section. In order to continue in membership service under (b) of this section, the state legislator must earn at least 0.3 years of membership service under other sections of AS 14.25.009 — 14.25.220 during each five-year period. A state legislator may not receive membership credit under AS 14.25.009 — 14.25.220 for legislative service on or after the date the legislator commits a criminal offense from which a pension forfeiture under AS 37.10.310 results.
4. A person who is employed at least half-time in the plan during the same period that the person is employed at least half-time in a position in the public employees’ retirement plan under AS 39.35.095 — 39.35.680 shall receive credited service under each plan for half-time employment. However, the amount of credited service a person receives under the public employees’ retirement plan during a school year may not exceed the amount necessary, when added to the amount of credited service earned during the school year under the plan, to equal one year of credited service. A person who was employed at least half-time in a position in the public employees’ retirement plan under AS 39.35.095 — 39.35.680 in the same period that the person was employed at least half-time in a position in this plan may claim credited service in both plans for employment before May 31, 1989. To obtain this credited service, the person shall claim the service and verify the period of half-time employment. When eligibility for half-time service credit has been established, an indebtedness shall be determined to the retirement plan in which the person did not participate. The amount of the indebtedness is the full actuarial cost of providing benefits for the credited service claimed. Interest as prescribed by regulation accrues on that indebtedness beginning on the later of July 1, 1989, or the date on which the member is first eligible to claim the service. Any outstanding indebtedness existing at the time the person retires will require an actuarial adjustment to the benefits payable based on that service.
5. A teacher who is assaulted while on the job, who files for benefits under AS 23.30, and who, as a result of a physical injury from the assault, is placed on leave without pay, whether or not the teacher is receiving benefits under AS 23.30 for the injury, is entitled to accrue credited service while the teacher, because of the injury, is on leave-without-pay status or is receiving workers’ compensation benefits under AS 23.30. Entitlement to earn credited service under this subsection ends when the teacher is eligible to receive benefits under AS 14.25.110(a) or 14.25.130(a) .

History. (§ 5 ch 145 SLA 1955; am § 1 ch 86 SLA 1963; am § 1 ch 151 SLA 1966; am § 1 ch 85 SLA 1971; am § 1 ch 66 SLA 1973; am § 1 ch 169 SLA 1976; am § 1 ch 82 SLA 1979; am § 1 ch 58 SLA 1989; am § 1 ch 104 SLA 1989; am § 1 ch 52 SLA 2000; am §§ 2, 3 ch 57 SLA 2001; am § 4 ch 58 SLA 2001; am §§ 7 — 9 ch 9 FSSLA 2005; am § 3 ch 47 SLA 2007)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 - 14.25.220 ” was substituted for “this chapter” and “plan” was substituted for “system”.

Sec. 14.25.043. Reemployment of retired members.

1. Except as provided in (f) of this section, if a retired member again becomes an active member, benefit payments may not be made during the period of reemployment. During the period of reemployment, deductions from the member’s salary will be made in accordance with AS 14.25.050 .
2. [Repealed, § 12 ch 57 SLA 2001 as amended by § 6 ch 15 SLA 2003 and § 10 ch 50 SLA 2005.]
3. Except as provided in (f) of this section, upon subsequent retirement, the retired member is entitled to receive an additional benefit based on the credited service and the average base salary during the period of reemployment in accordance with AS 14.25.110 . If the initial benefit payments to which the retired member is eligible have been actuarially reduced because the member retired early under AS 14.25.110(b) , the member shall also receive an incremental benefit based on the amount of the actuarial reduction imposed by AS 14.25.110(j) on the first benefit and the length of time that the employee was reemployed and not receiving retirement benefits. The amount of the incremental benefit is equal to the difference between the normal retirement benefit to which the member would have been entitled had the member taken a normal retirement and the early retirement benefit that the member has been receiving based on the member’s initial period of employment multiplied by the total number of months that the member did not receive retirement benefits because of reemployment and that amount actuarially adjusted to be paid over the expected lifetime of the member.
4. A member who retired under AS 14.25.110(a) and participated in a retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a commissioner may become an active member without losing the incentive credit provided under the applicable retirement incentive plan and is not subject to any related reemployment indebtedness.
5. [Repealed, § 6 ch 15 SLA 2003 as amended by § 10 ch 50 SLA 2005.]
6. If a member who retired under AS 14.25.110(a) is reemployed by a school district under AS 14.20.136 ,
   1. the member does not become an active member;
   2. the member shall continue to receive retirement benefits from the plan as though the member were not reemployed by the school district;
   3. deductions from the member’s salary may not be made under AS 14.25.050 ; and
   4. the member may not receive credited service in the plan during the period of reemployment.
7. Notwithstanding (f) of this section, a member who is retired under AS 14.25.110(a) and reemployed by a school district under AS 14.20.136 is eligible to receive the group health plan coverage provided to active members employed by that school district.

History. (§ 4 ch 13 SLA 1980; am § 6 ch 68 SLA 2000; am §§ 4, 5, 12 ch 57 SLA 2001; am § 6 ch 58 SLA 2001; am §§ 2, 3, 6 ch 15 SLA 2003; am §§ 3 — 5, 10 ch 50 SLA 2005; am §§ 2 — 4 ch 81 SLA 2018)

Cross references. —

For provision applicable to a retired teacher who was rehired and made an election under AS 14.25.043(b) or (e) before November 3, 2004, see § 14(a) and (c), ch. 50, SLA 2005, in the 2005 Temporary and Special Acts. For provision applicable to a retired teacher who was rehired and made an election under AS 14.25.043(b) or (e) on or after November 3, 2004, see § 14(b) and (c), ch. 50, SLA 2005, in the Temporary and Special Acts.

For provision providing that the 2018 changes to this section apply “to contracts made on or after November 8, 2018”, see sec. 6, ch. 81, SLA 2018, in the 2018 Temporary and Special Acts.

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Effect of amendments. —

The 2001 amendment by §§ 5, 12, and 15, ch. 57, SLA 2001, as amended by § 6, ch. 15, SLA 2003, §§ 10 and 17, ch. 50, SLA 2005, and §§ 3, 19, and 21, ch. 50, SLA 2005, effective July 1, 2009, in (a), deleted the end of the first sentence, which read, “unless the teacher makes an election under (b) or (e) of this section”, and in the third sentence, following “During the period of reemployment,” deleted “the member is subject to AS 14.25.050 , and”; and repealed subsections (b) and (e). Sections 7, 9, and 13, ch. 58, SLA 2001, which also repealed or amended provisions of this section in the same manner effective July 1, 2005, were repealed by §§ 13 and 18, ch. 50, SLA 2005.

The 2003 amendment, effective July 31, 2003, inserted “or (e)” in the first sentence in subsection (a) and added subsections (d) and (e).

The 2005 amendment, effective July 1, 2005, added the fourth through sixth sentences in subsection (b) and added the third through fifth sentences in subsection (e).

The 2005 amendment, effective July 1, 2009, in subsection (a) deleted “unless the teacher makes an election under (b) or (e) of this section” from the end of the first sentence and “the member is subject to AS 14.25.050 , and” preceding “deductions” in the last sentence.

The 2018 amendment, effective November 8, 2018, in (a), added “Except as provided in (f) of this section,” and made a related change, at the beginning of the first sentence, deleted the former second sentence, which read, “The retirement benefit must be suspended for the entire school year if the teacher is reemployed as an active teacher for a period equivalent to a year of service.”; in (c), added “Except as provided in (f) of this section,” and made a related change; added (f) and (g).

Sec. 14.25.045. Participation by National Education Association employees. [Repealed, § 116(a) ch 20 SLA 2007.]

Sec. 14.25.047. Participation by Special Education Service Agency employees.

An employee of the Special Education Service Agency may participate in the plan under AS 14.25.009 — 14.25.220 if

1. the employee possesses or is eligible to possess a teacher certificate under AS 14.20.020 ; and
2. the employee pays all retroactive contributions required to be made under AS 14.25.009 — 14.25.220 .

History. (§ 3 ch 112 SLA 1986)

Revisor’s notes. —

In 1992, “system” was substituted for “retirement fund” to correct an error of omission in ch. 106, SLA 1988.

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” and “plan” was substituted for “system”.

Sec. 14.25.048. Teachers of Alaska Native language and culture.

1. Except as provided in (d) of this section, an employee employed by a participating employer on or after June 5, 1988, shall participate in the plan under AS 14.25.009 — 14.25.220 if the employee
   1. teaches Alaska Native language or culture in a permanent full-time or permanent part-time position;
   2. learned about the subject to be taught by living in the culture or using the language in daily life; and
   3. is qualified to teach the subject to elementary or secondary students as required by regulations adopted by the Department of Education and Early Development.
2. An employee or former employee may receive credit for retroactive membership service for employment before June 5, 1988 if the employee or former employee met the requirements listed in (a) of this section at the time of the employment. To receive credit for the retroactive membership service, the employee or former employee shall claim the service and pay the retroactive contributions required under AS 14.25.061 . However, an employee or former employee may not receive retroactive credit under this subsection if the employee received credited service under AS 39.35 for the employment.
3. An employee or former employee who received credit under AS 39.35 for service that qualifies under (a) of this section may elect to transfer those periods of employment to the plan. To receive credit for retroactive membership service under this subsection, the employee or former employee shall claim the service and pay the retroactive contributions required under AS 14.25.061 .
4. Notwithstanding (a) of this section, an employee employed as a teacher of Alaska Native language and culture and participating in the Public Employees’ Retirement System under AS 39.35 on the day before June 5, 1988 shall remain a member under AS 39.35 unless the employee elects to become a member of the Teachers’ Retirement System on or before September 3, 1988.

History. (§ 4 ch 106 SLA 1988)

Revisor’s notes. —

In 1999, in (a) of this section, “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

Under sec. 144, ch. 9, SLA 2005, and, consistent with AS 14.25.009 , to correct a manifest error, in (a) of this section, “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” and in (a) and (c) of this section “system” was substituted for “plan”.

Sec. 14.25.050. Contributions by members.

1. Except as provided in (c) of this section, beginning January 1, 1991, each member shall contribute to the plan an amount equal to 8.65 percent of the member’s base salary accrued from July 1 to the following June 30. The employer shall deduct the contribution from the member’s salary at the end of each payroll period, and the contribution shall be credited by the plan to the member contribution account. The contributions shall be deducted from employee compensation before the computation of applicable federal taxes and shall be treated as employer contributions under 26 U.S.C. 414(h)(2). A member may not have the option of making the payroll deduction directly in cash instead of having the contribution picked up by the employer.
2. Each teacher is entitled to receive credit for unrefunded contributions paid into the retirement fund of 1945.
3. The employer of a teacher who, because of a physical injury caused by an on-the-job assault, is on unpaid leave of absence or is receiving benefits under AS 23.30 shall pay the teacher’s contributions required by this section while the teacher is on unpaid leave or receiving the workers’ compensation benefits.
4. A teacher who is placed on leave of absence without pay because the teacher is unable to work due to an on-the-job injury or occupational illness for which the teacher is receiving benefits under AS 23.30 and for which the teacher is not entitled to credited service under AS 14.25.040(e) may elect to receive credited service for the time on leave of absence without pay status. When a teacher elects to receive credited service under this subsection, an indebtedness is established. The amount of the indebtedness is equal to the contributions that the teacher would have made if the teacher had been working. Interest as prescribed by regulation accrues on the indebtedness beginning on the date that the teacher returns to work or terminates employment. If there is an outstanding indebtedness at the time the teacher is appointed to retirement, benefits shall be actuarially adjusted.

History. (§ 6 ch 145 SLA 1955; am § 4 ch 89 SLA 1960; am § 3 ch 78 SLA 1962; am § 1 ch 84 SLA 1969; am § 1 ch 138 SLA 1970; am § 1 ch 128 SLA 1977; am § 5 ch 106 SLA 1988; am § 1 ch 97 SLA 1990; am §§ 2, 3 ch 52 SLA 2000; am § 3 ch 59 SLA 2002; am § 3 ch 92 SLA 2004)

Revisor’s notes. —

Section 5, ch. 106, SLA 1988 amended (b) of this section to substitute “retirement system of 1945” for “retirement fund of 1945.” The amendment was erroneous and inconsistent with other references in this chapter to the fund. That amendment is not, therefore, shown in the text of the subsection.

Under sec. 144, ch. 9, FSSLA 2005, “plan” was substituted for “system” in this section.

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Opinions of attorney general. —

PERS and TRS contribution rates may be increased for individuals who became members of the systems before the effective date of the rate increases, if the increases are accompanied by comparable enhancements to benefits. April 20, 2005 Op. Att’y Gen.

Sec. 14.25.055. Supplemental contributions by teachers.

If a teacher first joined the plan before July 1, 1982, and is married or has a minor child and wishes to make a spouse or minor child eligible for a spouse’s pension or a survivor’s allowance, the teacher may elect to make a supplemental contribution of an additional one percent of the teacher’s base salary within 90 days of the teacher’s entry into participation in the plan, or within 90 days of marriage, or within 90 days of the birth or adoption of a child dependent upon the teacher. Once an election is made under this section, supplemental contributions must be made whenever contributions are required under AS 14.25.050 unless the teacher executes a written waiver with the administrator. The execution of a waiver relinquishes all rights and benefits previously accrued under AS 14.25.162 and 14.25.164 .

History. (§ 2 ch 151 SLA 1966; am § 1 ch 45 SLA 1967; am § 2 ch 84 SLA 1969; am § 2 ch 138 SLA 1970; am § 2 ch 66 SLA 1973; am § 2 ch 128 SLA 1977; am § 5 ch 13 SLA 1980; am § 4 ch 137 SLA 1982)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “plan” was substituted for “system” in this section.

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Sec. 14.25.060. Arrearage indebtedness.

1. If a member first joined the plan before July 1, 1990, and has military service or Alaska Bureau of Indian Affairs (BIA) service, or if a member joined the plan before July 1, 1978, and has creditable outside service, the member may claim this service. If the member claims the service, the member is indebted to the plan as follows:
   1. at the time of first becoming a member of the plan, the arrearage indebtedness is seven percent of the base salary multiplied by the total number of years of creditable outside, military, and Alaska BIA service; the administrator shall add compound interest at the rate prescribed by regulation to the arrearage indebtedness beginning July 1, 1963, or at the time the member first becomes eligible to claim the service, whichever is later, to the date of payment or the date of retirement, whichever occurs first;
   2. if a member terminates from the plan and is subsequently reemployed as a member, the arrearage indebtedness to the plan for outside, military, or Alaska BIA service accumulated in the interim is seven percent of the base salary upon reentering membership service, multiplied by the number of years of interim outside, military, and Alaska BIA service; compound interest at the rate prescribed by regulation shall be added to the arrearage indebtedness beginning July 1, 1963, or the date of reemployment as a member, whichever is later, to the date of payment or the date of retirement, whichever occurs first.
2. If a member joins the plan on or after July 1, 1978, and has creditable outside service, the member may claim this service.  If claimed, the member is indebted to the plan as follows:
   1. The arrearage indebtedness is the full actuarial cost of providing benefits for the service being claimed.  Compound interest at the rate prescribed by regulation shall be added to the arrearage indebtedness beginning the date the actuarial cost is established to the date of payment or the date of retirement, whichever occurs first.
   2. If a member terminates from the plan and is subsequently reemployed as a member, the arrearage indebtedness for outside service during the interim is the full actuarial cost of providing benefits for the interim service being claimed. Compound interest at the rate prescribed by regulation shall be added to the arrearage indebtedness beginning the date the actuarial cost is established to the date of payment or the date of retirement, whichever occurs first.
3. The total military service claimed may not exceed five years. The combined total of outside and military service may not exceed 10 years, except that, if entry into the armed forces is immediately preceded by membership service and within one year after discharge is continued by membership service, that service may not be counted for purposes of determining the applicability of the 10-year limitation on the combined total of outside and military service.
4. If a member first joined the plan on or after July 1, 1990, and has military service or Alaska BIA service, the member’s indebtedness shall be determined under (a) of this section except that the percentage multiplier is 8.65 percent.

History. (§ 7 ch 145 SLA 1955; am § 3 ch 142 SLA 1957; am § 5 ch 89 SLA 1960; am § 2 ch 86 SLA 1963; am § 11 ch 70 SLA 1964; am §§ 3, 4 ch 151 SLA 1966; am § 2 ch 76 SLA 1968; am §§ 3, 4 ch 138 SLA 1970; am § 3 ch 66 SLA 1973; am § 3 ch 128 SLA 1977; am § 14 ch 136 SLA 1978; am §§ 6, 7 ch 13 SLA 1980; am §§ 5, 75 ch 137 SLA 1982; am § 1 ch 82 SLA 1986; am §§ 6, 7 ch 106 SLA 1988; am §§ 2, 3 ch 97 SLA 1990; am § 4 ch 92 SLA 2004)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “plan” was substituted for “system” in this section.

Cross references. —

For conversion of claimed BIA contract school service to BIA service, see § 2, ch. 44, SLA 1992.

Opinions of attorney general. —

In computing the amount of contributions for arrearages, teaching service in Alaska with the Bureau of Indian Affairs, a federal agency, is not “creditable membership service” such as will excuse the payment of arrearages for service prior to June 30, 1955, for participation in the teachers’ retirement plan. 1960 Alas. Op. Att'y Gen. No. 11.

Bureau of Indian Affairs teaching service should be treated as “outside service” for the purposes of computing “arrearages” and “creditable service” under provisions of the Teachers’ Retirement Act. 1960 Alas. Op. Att'y Gen. No. 11.

Regulations promulgated by the territorial or State Board of Education governing salaries are not germane to calculations of arrearage forgiveness or creditable service under the Teachers’ Retirement System. 1960 Alas. Op. Att'y Gen. No. 11.

Sec. 14.25.061. Retroactive indebtedness.

1. A member who was not subject to the provisions of AS 14.25.009 — 14.25.220 , but who becomes subject to them because of a legislative change, may elect to receive credit for retroactive membership service by contributing to the plan an amount equal to the contributions the member would have made had the member been subject to the provisions of AS 14.25.009 — 14.25.220 for those years of retroactive service after June 30, 1955.  Retroactive contributions are not required for retroactive membership service before July 1, 1955. Compound interest at the rate prescribed by regulation shall be added to the retroactive indebtedness from July 1, 1966, or the time of first becoming eligible under AS 14.25.009 — 14.25.220, whichever is later, to the date of payment or the date of retirement, whichever occurs first.
2. If retroactive indebtedness contributions have been made for retroactive service before July 1, 1955, the member is entitled to a refund of those retroactive membership indebtedness contributions.
3. [Repealed, § 133 ch 9 FSSLA 2005.]

History. (§ 4 ch 128 SLA 1977; am §§ 8, 9 ch 13 SLA 1980; am § 8 ch 106 SLA 1988; am § 133 ch 9 FSSLA 2005)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” and “plan” was substituted for “system”.

Sec. 14.25.062. Reinstatement indebtedness. [Repealed, § 133, ch 9 FSSLA 2005.]

Sec. 14.25.063. Payment of indebtedness.

1. In AS 14.25.009 — 14.25.220 , a member does not have to be reemployed under this plan in order to make indebtedness payments.  However, except as provided in (d) of this section, a former member must be reemployed under this plan in order to make indebtedness payments.  Payments apply first to accrued interest and then to principal.
2. Any outstanding indebtedness that exists at the time a member is appointed to retirement will necessitate an actuarial adjustment to the benefits payable based on the member’s corresponding service.
3. If, as a result of service credit claimed for which there is a corresponding indebtedness existing at retirement, the member’s retirement benefit is actuarially reduced and the resulting benefit is less than it would have been if the service credit had not been claimed, the retirement benefit shall be equal to the amount it would have been had the service credit never been claimed.
4. A former member who received a total refund of the member’s contribution account balance because of a levy under AS 09.38.065 or a federal tax levy may make indebtedness payments under this section.

History. (§ 11 ch 13 SLA 1980; am §§ 6, 7 ch 137 SLA 1982; am §§ 1, 2 ch 89 SLA 1988)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” and “plan” was substituted for “system”.

Sec. 14.25.065. Transmittal of contributions; claims against funds of an employer.

1. All contributions deducted in accordance with AS 14.25.050 and 14.25.055 shall be transmitted to the plan for deposit in the retirement fund no later than 15 days following the close of the payroll period, with the final contributions due for any school year transmitted no later than July 15.
2. The contributions of employers under AS 14.25.070 must be transmitted to the plan for deposit in the retirement fund and the Alaska retiree health care trust at the close of each pay period. If the contributions are not submitted within the prescribed time limit, interest must be assessed on the outstanding contributions at one and one-half times the most recent actuarially determined rate of earnings for the plan from the date that contributions were originally due. Amounts due from an employer and interest as prescribed in this section may be claimed by the administrator from any agency of the state or political subdivision that has in its possession funds of the employer or that is authorized to disburse funds to the employer that are not restricted by statute or appropriation to a specific purpose. The amount claimed shall be certified by the administrator as sufficient to pay the contributions and interest due from the employer. The amount claimed shall be submitted to the administrator for deposit in the retirement fund and the Alaska retiree health care trust.

History. (§ 3 ch 84 SLA 1969; am § 4 ch 66 SLA 1973; am § 12 ch 13 SLA 1980; am § 10 ch 106 SLA 1988; am § 1 ch 20 SLA 2007)

Revisor’s notes. —

In 1999, in (b) of this section, “Department of Education” was changed to “Department of Education and Early Development” in accordance with § 89, ch. 58, SLA 1999.

Under sec. 144, ch. 9, FSSLA 2005, in this section “plan” was substituted for “system”.

Sec. 14.25.070. Contributions by employers.

1. Each employer shall contribute to the system every payroll period an amount calculated by applying a rate of 12.56 percent to the total of all base salaries paid by the employer to active members of the system and to members who are retired from the plan and reemployed under AS 14.20.136 , including any adjustments to contributions required by AS 14.25.173(a) .
2. The employer shall transmit the contributions calculated in (a) of this section to the administrator in accordance with AS 14.25.065 . The administrator shall allocate contributions received for full payment of
   1. the actuarially determined employer normal cost for the plan; and
   2. all contributions required by AS 14.25.350 and AS 39.30.370 for the fiscal year.
3. If, after allocation of contributions under (b) of this section, a portion of the employer contributions remains, the administrator shall apply that remaining portion toward payment of the past service liability of the plan.
4. Notwithstanding (a) of this section, the annual employer contribution rate may not be less than the rate sufficient to allow payment of the employer normal cost and the employer contributions required under AS 14.25.350 and AS 39.30.370 .
5. [Repealed, §§ 83, 84, and 86, ch. 41, SLA 2009.]
6. All or a portion of the employer’s share of any accrued actuarial liability to the plan may be prepaid in a lump sum. The commissioner of administration may, by regulation, establish a minimum amount for the lump sum payment of a portion. The administrator shall charge to the employer appropriate and reasonable administrative costs to the plan attributable to a lump sum payment that are not greater than administrative costs applied to other employer contributions. If an employer is grouped with any other employer in accounting for contributions, the lump sum payment for the employer shall be accounted for separately in accordance with regulations adopted by the commissioner. The regulations must provide for crediting to each lump sum payment account all earnings and losses received from investment of that payment. The lump sum payment shall be used solely to offset contributions under this section required of the employer for which the payment was made, taking into account earnings and losses from its investment. A lump sum payment made by or on behalf of an employer under this subsection, together with all earnings and losses from investment of that payment, may not be considered in calculating that employer’s share of any discretionary payment authorized by the state that benefits multiple employers.
7. If all or a portion of an employer’s share of any accrued actuarial liability to the plan is prepaid in a lump sum under (f) of this section, the administrator shall calculate a revised employer contribution rate for that employer in recognition of that prepayment not more than 30 days following the prepayment.
8. In this section, “normal cost” means the cost of providing the benefits expected to be credited, with respect to service, to all active members of the plan during the year beginning after the last valuation date.

History. (§ 8 ch 145 SLA 1955; am § 5 ch 151 SLA 1966; am § 5 ch 138 SLA 1970; am § 5 ch 66 SLA 1973; am § 22 ch 91 SLA 1987; am § 11 ch 106 SLA 1988; am § 4 ch 59 SLA 2002; am § 6 ch 92 SLA 2004; am §§ 10, 11 ch 9 FSSLA 2005; am §§ 6, 12 ch 50 SLA 2005; am §§ 2, 3 ch 20 SLA 2007; am § 3 ch 13 SLA 2008; am § 1 ch 35 SLA 2008; am §§ 81, 83 ch 41 SLA 2009; am § 5 ch 81 SLA 2018)

Revisor’s notes. —

Former subsection (c) was enacted as (b) and relettered in 2005, at which time “plan” was substituted for “system” in former subsection (c) in accordance with sec. 144, ch. 9, FSSLA 2005. Subsections (f) and (g) were enacted as (d) and (e) and relettered in 2008, at which time an internal reference in (g) was conformed and subsection (h), which had been enacted as (f), was relettered.

Subsection (e) was repealed July 1, 2009, by § 83, ch. 41, SLA 2009. Under § 84, ch. 41, SLA 2009, the repeal was contingent on the repeal of AS 14.20.135 under §§ 12 and 15, ch. 57, SLA 2001, as amended by § 6, ch. 15, SLA 2003, and by §§ 10 and 17, ch. 50, SLA 2005. Under § 86, ch. 41, SLA 2009, the repeal took effect on the date of the repeal of AS 14.20.135 , which occurred on July 1, 2009.

Cross references. —

For provision providing that the 2018 amendment to subsection (a) “applies to contracts made on or after November 8, 2018”, see sec. 6, ch. 81, SLA 2018, in the 2018 Temporary and Special Acts.

Effect of amendments. —

The 2009 amendment, effective July 1, 2009, repealed subsection (e).

The 2018 amendment, effective November 8, 2018, in (a), added “and to members who are retired from the plan and reemployed under AS 14.20.136 ” following “active members of the system”.

Sec. 14.25.075. Purchase of credited service.

1. An employee who is eligible to purchase credited service under AS 14.25.047 or 14.25.048 , a member who is eligible to purchase credited service under AS 14.25.048 , 14.25.050 , 14.25.060 , 14.25.061 , 14.25.100 , or 14.25.107 , or a teacher who is eligible to purchase credited service under AS 14.20.345 , AS 14.25.050 , or 14.25.105 , in lieu of making payments directly to the plan, may elect to have the member’s employer make payments as provided in this section.
2. A member may elect to have the employer make payments for all or any portion of the amounts payable for the member’s purchase of credited service through a salary reduction program as follows:
   1. the amounts paid under a salary reduction program are in lieu of contributions by the member making the election; the electing member’s salary or other compensation shall be reduced by the amount paid by the employer under this subsection;
   2. the member shall make an irrevocable election under this subsection to purchase credited service as permitted in AS 14.20.345 , AS 14.25.047 , 14.25.048 , 14.25.050 , 14.25.060 , 14.25.061 , 14.25.100 , 14.25.105 , or 14.25.107 before the member’s termination of employment; the irrevocable election must specify the number of payroll periods that deductions will be made from the member’s compensation and the dollar amount of deductions for each payroll period during the specified number of payroll periods; the deductions made under this paragraph cease upon the earlier of the member’s termination of employment with the employer or the member’s death; amounts paid by an employer under (f) of this section may not be applied toward the payment of the dollar amount of the deductions representing the portion of the credited service that is being purchased by the member through payroll deduction in accordance with the member’s irrevocable election under this paragraph;
   3. amounts paid by an employer under this subsection shall be treated as employer contributions for the purpose of determining tax treatment under 26 U.S.C. (Internal Revenue Code); the amounts paid by the employer under this section may not be included in the member’s gross income for income tax purposes until those amounts are distributed by refund or retirement benefit payments.
3. Unless otherwise provided, member contributions paid by the employer under this section are treated for all other purposes under the plan in the same manner and to the same extent as member contributions that are not paid by an employer under this section and AS 14.25.050 . The plan may assess interest or administrative charges attributable to any salary reduction election made under this section. The interest or administrative charges shall be added to the contribution that is made to the plan by the member each payroll period, and that is paid by the employer. The interest or administrative charges may not be treated as member contributions for any purposes under AS 14.25.009 — 14.25.220 , and a member or a member’s beneficiary does not have a right to the return of the interest or administrative charges under any other provision of this section. Interest assessed under this section shall be at the rate specified by regulations adopted by the administrator.
4. For plan fiscal years beginning on or after July 1, 2001, the requirements of AS 14.25.110(k) may not be applied to reduce the amount of credited service that may be purchased under this section by a member who first becomes an employee of the plan before July 1, 2001, to an amount that is less than the amount of credited service allowed to be purchased with the application of any of the limits prescribed in 26 U.S.C. 415.
5. Contributions to the plan to purchase credited service under this section do not qualify for treatment under this section if recognition of that service would cause a member to receive a retirement benefit for the same service from the plan and from one or more other retirement plans or systems of the state.
6. The administrator may accept rollover contributions from a member. Contributions made under this subsection may not be applied to purchase service being paid under (b) of this section. A rollover contribution as described in this subsection shall be treated as employer contributions for the purpose of determining tax treatment under the Internal Revenue Code and may be made by any one or a combination of the following methods:
   1. subject to the limitations prescribed in 26 U.S.C. 402(c), accepting eligible rollover distributions directly from one or more eligible retirement plans as defined by 26 U.S.C. 402(c)(8)(B);
   2. subject to the limitations prescribed in 26 U.S.C. 403(b)(13), accepting direct trustee-to-trustee transfers of all or a portion of the accounts of the member, on or after January 1, 2002, from a tax sheltered annuity described in 26 U.S.C. 403(b);
   3. subject to the limitations prescribed in 26 U.S.C. 457(e)(17), accepting direct trustee-to-trustee transfers of all or a portion of the accounts of the member, on or after January 1, 2002, from an eligible deferred compensation plan of a tax-exempt organization or a state or local government described in 26 U.S.C. 457(b);
   4. accepting direct trustee-to-trustee transfer from an account established for the benefit of the member in AS 39.30.150 — 39.30.180 (Alaska Supplemental Annuity Plan).
7. Payments made under this section shall be applied to reduce the member’s outstanding indebtedness described in AS 14.25.063 at the time that the contributions are received by the plan.
8. If a member retires before all payments are made under this section, the plan shall calculate the member’s benefits based only on the payments actually made with respect to the credited service purchased.
9. On satisfaction of the eligibility requirements of AS 14.20.345 , AS 14.25.047 , 14.25.048 , 14.25.050 , 14.25.060 , 14.25.061 , 14.25.100 , 14.25.105 , or 14.25.107 , the requirements of this section, and the administrative filing requirements specified by the administrator, the plan shall adjust the member’s credited service history and add any additional service credits acquired.
10. After an election is made under this section, the election is binding on and irrevocable for the member and the member’s employer during the member’s remaining period of current employment. After a member makes an irrevocable election under this section, the member does not have the option of choosing to receive the contributed amounts directly in cash.

History. (§ 5 ch 59 SLA 2002; am §§ 7 — 10, 32 ch 92 SLA 2004; am §§ 12 — 14, 16 ch 9 FSSLA 2005; am §§ 4, 5 ch 20 SLA 2007)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter”, “administrator” was substituted for “board”, and “plan” was substituted for “system”. Also in 2005, in (a) of this section, “system” was substituted for “plan” to correct a manifest error, consistent with AS 14.25.009 .

Sec. 14.25.080. Contributions by the state. [Repealed, § 25 ch 91 SLA 1987.]

Sec. 14.25.085. Additional state contributions.

In addition to the contributions that the state is required to make under AS 14.25.070 as an employer, the state shall contribute to the plan each July 1 or, if funds are not available on July 1, as soon after July 1 as funds become available, an amount for the ensuing fiscal year that, when combined with the total employer contributions that the administrator estimates will be allocated under AS 14.25.070 (c), is sufficient to pay the plan’s past service liability at the contribution rate adopted by the board under AS 37.10.220 for that fiscal year.

History. (§ 4 ch 13 SLA 2008)

Cross references. —

For protection of damage awards from reduction on account of contributions under this section, see AS 09.17.070(f) .

Effective dates. —

Section 27, ch. 13, SLA 2008 makes this section effective July 1, 2008.

Sec. 14.25.087. Contributions for medical benefits.

Contributions made by an employer under AS 14.25.070 and 14.25.085 shall be separately computed for benefits provided by AS 14.25.168 and shall be deposited in the Alaska retiree health care trust established under AS 39.30.097(a) .

History. (§ 5 ch 13 SLA 2008)

Sec. 14.25.090. Contributions by the state for arrearages. [Repealed, § 7 ch 66 SLA 1973.]

Sec. 14.25.100. Credit for service in the armed forces.

1. A member who served as an active member of the armed forces of the United States may receive credited service under this plan up to a maximum of five years if the member received a discharge under other than dishonorable conditions and is not entitled to receive retirement benefits from the United States government for the same service.  Each 12 months of military service equals one school year, and lesser military periods will be determined for credit purposes in a proportionate ratio to a year.   Credit for service in the armed forces shall be granted only if the member makes contributions for the service in the same manner as required for outside service under  AS 14.25.060 .  The military service credited under this section shall be included in the 10-year limitation of outside service as specified in  AS 14.25.060 , except if entry into the armed forces is immediately preceded by Alaska membership service and following discharge is continued by Alaska membership service within one year thereafter, service may not be counted for purposes of determining the applicability of the 10-year limitation on outside service.
2. Where a member is unable to resume teaching in a public school within one year following discharge because of hospitalization, rehabilitation training, a disability derived while in the armed forces, or other like circumstances, the administrator shall determine the allowance or disallowance of any service in the armed forces.
3. [Repealed, § 7 ch 155 SLA 1976.]
4. [Repealed, § 7 ch 155 SLA 1976.]
5. A member may not be credited with the same period of service in the armed forces under this section if credit for that military service was granted under the public employees’ retirement system (  AS 39.35).  The combined period of military service claimed under this section and  AS 39.35 may not exceed five years.

History. (§ 11 ch 145 SLA 1955; am § 8 ch 89 SLA 1960; am § 1 ch 57 SLA 1974; am §§ 5, 7 ch 155 SLA 1976; am § 5 ch 128 SLA 1977; am § 13 ch 13 SLA 1980; am § 4 ch 97 SLA 1990)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “plan” was substituted for “system” in subsection (a).

Administrative Code. —

For service under the defined benefits plan (AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 4.

Sec. 14.25.105. Credit for service as an employee of the Territory of Alaska.

1. A teacher who completes 15 years of membership service under AS 14.25.009 — 14.25.220 may elect to receive credited service for employment rendered to the Territory of Alaska before January 3, 1959, regardless of the office, department, division or agency of the territory in which employed. Credited service allowed under this section may not exceed five years.
2. A teacher may not be credited with service under this section if credit for service as an employee of the Territory of Alaska was granted for the same period under AS 39.35 (public employees’ retirement system).
3. A teacher who elects to receive credited service under this section for service to the Territory of Alaska shall make a retroactive contribution under this plan for the period of territorial employment following June 30, 1955.

History. (§ 1 ch 146 SLA 1980)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” and in subsection (c), “plan” was substituted for “system”.

Administrative Code. —

For service under the defined benefits plan (AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 4.

Sec. 14.25.107. Credit for Alaska BIA service.

A member who joins the plan on or after July 1, 1978, who has Alaska BIA service may claim all of that service as credited service. A retirement benefit payable under AS 14.25.009 — 14.25.220 for Alaska BIA service shall be reduced by an amount equal to the retirement benefits paid to the member by the United States government for the same service.

History. (§ 8 ch 137 SLA 1982)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” and “plan” was substituted for “system”.

Cross references. —

For conversion of claimed BIA contract school service to BIA service, see § 2, ch. 44, SLA 1992.

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Sec. 14.25.110. Retirement benefits.

1. Subject to  AS 14.25.167 , a member is eligible for a normal retirement benefit if the member
   1. was first hired before July 1, 1975, has attained the age of 55 years, and has at least 15 years of credited service, the last five of which have been membership service, or is otherwise vested in the plan;
   2. has attained the age of 60 years and has at least eight years of membership service;
   3. has attained the age of 60 years, has at least five years of membership service, and has Alaska BIA service which, when added to the membership service, will equal at least eight years;
   4. has at least 25 years of credited service, the last five of which have been membership service;
   5. has at least 20 years of membership service;
   6. has at least 20 years of combined membership service and Alaska BIA service, the last five of which have been membership service; or
   7. has, for each of 20 school years,
      1. at least one-half year of membership service as a part-time teacher;
      2. one full year of membership service as a full-time teacher; or
      3. any combination of service qualified under this paragraph.
2. Subject to  AS 14.25.167 , a member is eligible for an early retirement benefit upon completing the service requirements in (a)(1) of this section and attaining the age of 50 years or upon completing the service requirements in (a)(2) or (3) of this section and attaining the age of 55 years.
3. The burden is on the applicant to prove eligibility for retirement benefits to the full satisfaction of the administrator.
4. The monthly amount of a retirement benefit for a member who has paid the full amount of any indebtedness is one-twelfth of the member’s average base salary during any three school years of membership service multiplied by
   1. two percent of the years of credited service earned before June 30, 1990, including credited fractional years, and the years of credited service through a total of 20 years; plus
   2. two and one-half percent of the years of credited service earned after June 30, 1990, that are more than 20 years of total credited service.
5. The monthly amount of a retirement benefit must be determined in accordance with (d) of this section as it is in effect on the date of termination of the retiring member’s last segment of employment.
6. [Repealed, § 47 ch 59 SLA 2002.]
7. [Repealed, § 47 ch 59 SLA 2002.]
8. [Repealed, § 47 ch 59 SLA 2002.]
9. Benefits payable under this section accrue from the first day of the month after which all of the following requirements are met: (1) the member meets the eligibility requirements of this section; (2) the member terminates employment; and (3) the member applies for retirement.  Benefits are not payable under this section during a school year in which credit for a full year of service is granted.  The benefits are payable the last day of the month.  If payment is delayed, a retroactive payment must be made for the month in which a benefit is payable under this section.  The last payment shall be for the month in which the member dies or is no longer eligible for a benefit under this section.
10. An actuarial adjustment must be made to benefits payable under (d) of this section for early retirement.
11. For plan fiscal years beginning after December 31, 1975, and notwithstanding any other provision of  AS 14.25.009 — 14.25.220 , the projected annual benefit provided by  AS 14.25.009 — 14.25.220 and the benefit from all other defined benefit plans required to be aggregated with the benefits from this plan under the provisions of  26 U.S.C. 415 may not increase to an amount in excess of the amount permitted under  26 U.S.C. 415 at any time. In the event that any projected annual benefit of a member exceeds the limitation of  26 U.S.C. 415 for a limitation year, the plan shall take any necessary remedial action to correct an excess accrued annual benefit. The provisions of  26 U.S.C. 415, and the regulations adopted under that statute, as applied to qualified defined benefit plans of governmental employers are incorporated as part of the terms and conditions of the plan. This subsection applies to any member of this plan.
12. Notwithstanding (d) of this section,
    1. for the plan fiscal years beginning on or after January 1, 1996, the base salary of a member who joined the plan after the first day of the first plan fiscal year beginning after December 31, 1995, that is used to calculate the member’s average base salary may not exceed $150,000, as adjusted for the cost of living in accordance with  26 U.S.C. 401(a)(17)(B); and
    2. for plan fiscal years beginning on or after January 1, 2002, the base salary of a member that is used to calculate the member’s average base salary may not exceed $200,000, as adjusted for the cost of living in accordance with  26 U.S.C. 401(a)(17)(B).
13. Notwithstanding the definition of “base salary” in  AS 14.25.220 , in (  l) of this section, for plan fiscal years beginning on or after January 1, 1998, and for purposes of  26 U.S.C. 415(b)(3) and the regulations adopted under that statute,
    1. “base salary”
       1. includes any amount that is contributed by the employer under a salary reduction agreement and that is not includable in the member’s gross income under  26 U.S.C. 125,  132(f)(4),  402(e)(3),  402(h), or  403(b); and
       2. is limited to compensation that is actually paid to a member during the determination period;
    2. “determination period” means the plan fiscal year.

History. (§ 12 ch 145 SLA 1955; am § 4 ch 142 SLA 1957; am § 9 ch 89 SLA 1960; am § 4 ch 86 SLA 1963; am § 6 ch 151 SLA 1966; am § 2 ch 85 SLA 1971; am § 8 ch 66 SLA 1973; am § 1 ch 77 SLA 1973; am § 2 ch 57 SLA 1974; am §§ 1 — 3 ch 173 SLA 1975; am § 5 ch 169 SLA 1976; am § 14 ch 13 SLA 1980; am § 2 ch 146 SLA 1980; am § 9 ch 137 SLA 1982; am § 1 ch 81 SLA 1986; am §§ 1, 2 ch 117 SLA 1986; am § 22 ch 85 SLA 1988; am § 1 ch 79 SLA 1990; am §§ 5 — 8 ch 97 SLA 1990; am § 7 ch 68 SLA 2000; am §§ 6, 47 ch 59 SLA 2002; am § 11 ch 92 SLA 2004)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” and “plan” was substituted for “system”.

Administrative Code. —

For administration of the defined benefits plan ( AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 2.

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

For employment of professional personnel, see 4 AAC 18.

Editor’s notes. —

In general, a person’s right to benefits under the state’s public employee retirement systems vests when the person joins the system. Hammond v. Hoffbeck, 627 P.2d 1052 (Alaska 1981). Therefore, former law may govern the benefits of some members of the teachers’ retirement system. The user is advised to ascertain which version of the statute is applicable. Earlier versions of the statutes can be found in prior editions of the Alaska Statutes or in the published Session Laws of Alaska.

Opinions of attorney general. —

The legislature did not intend such a strict interpretation as to require a teacher to work the last 5 school years for the full 140-day year. 1966 Alas. Op. Att'y Gen. No. 2.

A teacher satisfies the requirement of subsection (a) by working any five creditable years or combination of fractional years totalling 5 years, as long as they are the last 5 years she worked and they are in membership service. 1966 Op. Att’y Gen. No. 2, issued prior to the 1975 amendment.

Sec. 14.25.115. Unused sick leave credit.

1. A teacher in membership service on or after July 1, 1977, who is appointed to retirement on or after July 1, 1978, may elect to apply unused sick leave credit in computing the total number of years of credited service under AS 14.25.110(d) except for sick leave earned while participating in a university retirement program under AS 14.40.661 — 14.40.799 . To obtain service credit for unused sick leave, a teacher must apply to the administrator not later than one year after appointment to retirement. Unused sick leave shall be credited on a day-for-day basis in accordance with the table for service after July 1, 1969, contained in AS 14.25.220 (47). Teacher contributions may not be required for credited unused sick leave.
2. A teacher appointed to retirement before July 1, 1978, who returns to membership service on or after July 1, 1978, and is subsequently reappointed to retirement is eligible for unused sick leave credit only with respect to sick leave accrued during membership service on or after July 1, 1978.
3. Benefits payable under this section accrue from the first day of the month after which all the following requirements are met: (1) the teacher meets the eligibility requirements of this section; (2) the teacher’s written application for unused sick leave credit is received and verified by the administrator; and (3) a period of time has elapsed since the date of appointment to retirement equal to the amount of verified unused sick leave.  Benefits are payable on the last day of the month.

History. (§ 13 ch 136 SLA 1978; am § 29 ch 59 SLA 1982; am § 10 ch 137 SLA 1982; am § 2 ch 104 SLA 1989; am § 17 ch 9 FSSLA 2005)

Revisor’s notes. —

In 2002, in subsection (a), “AS 14.25.220 (45)” was substituted for “AS 14.25.220 (43)” to reflect the 2002 renumbering of paragraphs in AS 14.25.220.

In 2014, in subsection (a), “AS 14.25.220 (47)” was substituted for “AS 14.25.220 (45)” to reflect the 2008 renumbering of paragraphs in AS 14.25.220.

Administrative Code. —

For service under the defined benefits plan (AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 4.

Sec. 14.25.120. Manner of computing service retirement salary. [Repealed, § 50 ch 13 SLA 1980.]

Sec. 14.25.125. Conditional service retirement benefits.

1. Subject to AS 14.25.167 , a member is eligible for a normal retirement salary at age 60 with at least
   1. two years membership service if the member also is eligible for a normal retirement benefit under the public employees’ retirement system (AS 39.35); or
   2. one year of membership service if the member is a retired member of the public employees’ retirement system.
2. Subject to AS 14.25.167 , a member is eligible for an early retirement salary at age 55 with at least
   1. two years of membership service if the member also is eligible for an early retirement benefit under the public employees’ retirement system (AS 39.35);
   2. one year of membership service if the member is a retired member of the public employees’ retirement system.
3. Membership service for which contributions were refunded is not creditable under this section.
4. The monthly amount of a conditional service retirement benefit shall be calculated on the years of credited service in accordance with AS 14.25.110(d) , except that a member may irrevocably elect to substitute “average monthly compensation” as defined in AS 39.35.680 in place of the member’s average base salary divided by 12.
5. Benefits payable under this section accrue from the first day of the month (1) in which the member meets the eligibility requirements of this section, (2) following the date of termination, and (3) following application for retirement, and are payable the last day of the month.  If payment is delayed, a retroactive payment shall be made to cover the period of deferment.  The last payment shall be made for the month in which the member dies or is no longer eligible for a benefit under this section.

History. (§ 2 ch 174 SLA 1978; am § 15 ch 13 SLA 1980; am § 11 ch 137 SLA 1982; am §§ 3, 4 ch 117 SLA 1986; am §§ 9, 10 ch 97 SLA 1990; am §§ 7, 8 ch 59 SLA 2002; am § 6 ch 20 SLA 2007)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, in this section “plan” was substituted for “system” in subsection (c).

Sec. 14.25.130. Disability benefits.

1. A member who has five or more years of membership service is eligible for a disability pension if, after July 1, 1966, and before the member’s normal retirement date, the member’s employment is terminated because of a permanent disability as defined in AS 14.25.220 .
2. [Repealed, § 16 ch 13 SLA 1980.]
3. Once each year during the first five years following appointment to disability under this section, and once every three-year period thereafter, the administrator may require a disabled member who has not attained eligibility for normal retirement to undergo a medical or mental examination by a competent physician.  The administrator shall suspend any disability benefit for a disabled member who refuses to undergo a physical or mental examination when requested under this section.
4. The amount of the disability benefit is equal to 50 percent of the member’s base salary immediately before becoming disabled. The disability benefit is increased by 10 percent of the member’s base salary immediately before becoming disabled for each dependent child, up to a maximum of four dependent children.
5. Benefits payable under this section accrue from the first day of the month after which the following requirements are met: (1) the member meets the eligibility requirements of this section; and (2) the member terminates employment.  The benefits are payable the last day of the month.  If payment is delayed, a retroactive payment must be made to cover the period of deferment.  The last payment for a dependent child shall be for the month in which the child ceases to be a dependent child.  The last payment for the disabled member shall be made for the month in which the disabled member recovers from the disability, dies, or is eligible for normal retirement.
6. A member is not entitled to a disability benefit under this section unless the member files a timely application for the benefit with the administrator. The application is timely if it is filed by the later of six months after the date that the member’s disability began or 90 days after the termination of the member’s employment. The administrator may waive a filing deadline under this subsection if there are extraordinary circumstances that resulted in the inability to meet the filing deadline. The administrator may delegate the authority to waive a filing deadline under this subsection to the administrator.

History. (§ 14 ch 145 SLA 1955; am § 12 ch 89 SLA 1960; am § 5 ch 86 SLA 1963; am § 8 ch 151 SLA 1966; am § 15 ch 66 SLA 1973; am § 7 ch 173 SLA 1975; am § 2 ch 169 SLA 1976; am § 16 ch 13 SLA 1980; am § 12 ch 137 SLA 1982; am §§ 8, 9 ch 68 SLA 2000)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “administrator” was substituted for “board” in this section.

Administrative Code. —

For administration of the defined benefits plan ( AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 2.

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Editor’s notes. —

In general, a person’s right to benefits under the state’s public employee retirement systems vests when the person joins the system. Hammond v. Hoffbeck, 627 P.2d 1052 (Alaska 1981). Therefore, former law may govern the benefits of some members of the teachers’ retirement system. The user is advised to ascertain which version of the statute is applicable. Earlier versions of the statutes can be found in prior editions of the Alaska Statutes or in the published Session Laws of Alaska.

Opinions of attorney general. —

The disability retirement provisions of the Public Employees Retirement System and the Teachers’ Retirement System are consistent with the federal Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621 - 634), and with the implementing regulations of the Equal Employment Opportunity Commission. December 10, 1992 Op. Att’y Gen.

Secs. 14.25.135 — 14.25.140. Deferred retirement benefits; notification of intent to retire; manner of computing disability retirement salary. [Repealed, § 50 ch 13 SLA 1980.]

Sec. 14.25.142. Cost-of-living allowance.

1. While residing in the state, a person receiving a benefit under AS 14.25.009 — 14.25.220 who is at least 65 years of age or who is receiving a disability benefit under AS 14.25.009 — 14.25.220 is entitled to receive a monthly cost-of-living allowance in addition to the basic benefit. The amount of this allowance is 10 percent of the basic benefit.
2. A person receiving a cost-of-living allowance under this section shall notify the administrator when the person expects to be absent from the state for a continuous period that exceeds 90 days.  After that notification, the person is no longer entitled to receive the monthly cost-of-living allowance, except that a person may be absent from the state for not more than six months without loss of the cost-of-living allowance if the absence is the result of illness and required by order of a licensed physician.  Upon return to the state, and upon notification to the administrator, the person is again entitled to receive the monthly cost-of-living allowance, commencing with the first monthly benefit payment made after notification of the person’s return.
3. In this section, “residing in the state” means domiciled and physically present in the State of Alaska. A person’s status as “residing in the state” does not change if the person is absent from the state for a continuous period of
   1. 90 days or less;
   2. six months or less, when ordered by a physician to be absent from the state; or
   3. any length of time while the person is a member of a reserve or auxiliary component of the armed forces of the United States, including the organized militia of Alaska consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force, and is called to active duty by the appropriate state or federal authority.

History. (§ 10 ch 151 SLA 1966; am § 18 ch 66 SLA 1973; am § 6 ch 128 SLA 1977; am §§ 2, 3 ch 82 SLA 1979; am § 11 ch 97 SLA 1990; am § 1 ch 70 SLA 2003)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” in this section.

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Editor’s notes. —

Section 17, ch. 82, SLA 1979 provides §A person receiving benefits under AS 14.25 on July 1, 1979 is eligible for any increase in benefits resulting from the amendments to AS 14.25 enacted in §§ 2 and 3 of ch. 82, SLA 1979.”

Opinions of attorney general. —

Regulation 2 AAC 36.210 is consistent with this statute. However, we also understand that the Teachers’ Retirement System (TRS) has, prior to the adoption of the regulation, paid the COLA to benefit recipients whom TRS considered to be residents but who would not have met the 93/183 days test. In light of that, we conclude that the regulation should only be applied to those joining TRS after its adoption. March 15, 1995 Op. Att’y Gen.

Sec. 14.25.143. Post retirement pension adjustment.

1. Once each year, the administrator shall increase benefit payments to eligible disabled members, to persons age 60 or older receiving benefits under this plan in the preceding calendar year, and to persons who have received benefits under this plan for at least eight years who are not otherwise eligible for an increase under this section.
2. The increase in benefit payments applies to total benefit payments except for the cost-of-living allowance under AS 14.25.142 . The amount of the increase is a percentage of the current benefit equal to
   1. the lesser of 75 percent of the increase in the cost of living in the preceding calendar year or nine percent, for recipients who on July 1 are at least 65 years old and for members receiving disability benefits; and
   2. the lesser of 50 percent of the increase in the cost of living in the preceding calendar year or six percent, for recipients who on July 1 are at least 60 but less than 65 years old or for recipients who on July 1 are less than 60 years old but who have received benefits from the plan for at least eight years.
3. If a recipient was not receiving benefits during the entire preceding calendar year, the increase in benefits under this section shall be adjusted by multiplying it by the fraction whose numerator is the number of months for which benefits were received in the preceding calendar year and whose denominator is 12.
4. If at the time of first receiving a retirement benefit, a member was receiving a disability benefit under this plan, the administrator shall, at the time the member is appointed to retirement, increase the retirement benefit by a percentage equal to the total cumulative percentage increase that has been applied to the member’s disability benefit under this section.
5. When computing a death benefit under AS 14.25.155 , 14.25.157 , or 14.25.160 or a survivor’s benefit under AS 14.25.162 , 14.25.164 , or 14.25.167 , adjustments granted to the deceased member or survivor under this section shall be included in the computation.
6. An increase in benefit payments under this section is effective July 1 of each year and is based on the percentage increase in the consumer price index for urban wage earners and clerical workers for Anchorage, Alaska during the previous calendar year as determined by the United States Department of Labor, Bureau of Labor Statistics.

History. (§ 11 ch 151 SLA 1966; am § 5 ch 86 SLA 1971; am § 19 ch 66 SLA 1973; am § 3 ch 99 SLA 1974; am § 7 ch 128 SLA 1977; am § 17 ch 13 SLA 1980; am §§ 3 — 6 ch 146 SLA 1980; am § 13 ch 137 SLA 1982; am § 12 ch 106 SLA 1988; am § 12 ch 97 SLA 1990; am §§ 18, 19 ch 9 FSSLA 2005)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “plan” was substituted for “system” in this section.

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

For service under the defined benefits plan (AS 14.25.009 — 14.25.220 ), see 2 AAC 36, art. 4.

Editor’s notes. —

In general, a person’s right to benefits under the state’s public employee retirement systems vests when the person joins the system. Hammond v. Hoffbeck, 627 P.2d 1052 (Alaska 1981). Therefore, former law may govern the benefits of some members of the teachers’ retirement system. The user is advised to ascertain which version of a particular statute is applicable. The version of this statute that was in effect immediately after the 1980 amendments read as follows:

“Sec. 14.25.143. POST RETIREMENT PENSION ADJUSTMENT. (a) When the administrator determines that the cost of living has increased and that the financial condition of the retirement fund permits, the administrator shall increase benefit payments to persons receiving benefits under this system.

“(b) The amount of the increase in benefit payments may not exceed the greater of

“(1) the increase in the cost of living since the date of retirement; or

“(2) four percent of the retirement benefit compounded for each year of retirement.

“(c) The administrator shall implement this section by regulation.

“(d) A person receiving benefits under this chapter shall be granted a 10 percent increase in the current base benefit if the person was receiving benefits on July 1, 1976. The increase shall be effective July 1, 1977.

“(e) If at the time of first receiving a retirement benefit a member was receiving a disability benefit, the administrator shall include the time during which the member received the disability benefit in determining the number of years of retirement under this section.

“(f) An increase in benefit payments under this section is effective July 1 of the year for which the increase in granted.”

Section 48, ch. 146, SLA 1980 provides: “The retirement benefit payable to a member of the teachers’ retirement system who is receiving a normal retirement benefit under AS 14.25.110 on July 1, 1980, and who at the time of his retirement was receiving a disability benefit under the teachers’ retirement system, shall be increased by a percentage equal to the percentage of all post-retirement pension adjustments payable under AS 14.25.143 during the period that the member was receiving a disability benefit.”

Under §§ 18 and 19, ch. 9, FSSLA 2005, following amendment by sec. 3, ch. 146, SLA 1980, and until amended by sec. 12, ch. 97, SLA 1990, (a) of this section read: “(a) When the administrator determines that the cost of living has increased and that the financial condition of the retirement fund permits, the administrator shall increase benefit payments to persons receiving benefits under this plan. For purposes of this subsection, the financial condition of the fund would only permit an increase in benefits when the ratio of total fund assets to the accrued liability meets or exceeds 105 percent. In this subsection, “accrued liability” means the present value of all member benefits accrued by member service in this plan.”

Opinions of attorney general. —

If the financial condition of the funds does not permit payment of the PRPA, it is allowable to prospectively not pay existing members new [or additional] ad hoc PRPAs. However, a new statutory provision cannot reduce the existing number of members who retain a vested right to a PRPA if one is awarded, unless the new statutory provision includes comparable enhancements to benefits. April 20, 2005 Op. Att’y Gen.

Legislation that limits the administrator’s discretion and allows an award of an ad hoc PRPA only if a retirement fund is actuarially funded at over 100 percent and employer contribution rates are set at less than eight percent would be subject to challenge under existing case law. The constitutional rights of members regarding the ad hoc PRPA include the right to consideration of an award of a PRPA based on the discretion existing under the repealed statutes. April 20, 2005 Op. Att’y Gen.

Sec. 14.25.145. Interest on individual accounts.

Interest shall be credited to each teacher’s account at the end of each school year at the rate prescribed by the board for that year.

History. (§ 16 ch 145 SLA 1955; am § 6 ch 142 SLA 1957; am § 4 ch 78 SLA 1962; am § 7 ch 138 SLA 1970; am § 20 ch 66 SLA 1973; am § 20 ch 9 FSSLA 2005)

Sec. 14.25.150. Refund upon termination.

1. Except as provided in (b) of this section, a terminated member is entitled to a refund of the balance of the member contribution account.  A member is not entitled to a refund of supplemental contributions except as provided in AS 14.25.160(a) .
2. A member who is terminated and is a vested member, deferred vested member, or who is entitled to benefits under AS 14.25.125 , and who is married at the time of application for a refund or whose rights to a refund are subject to a qualified domestic relations order is entitled to receive a refund of the balance of the member contribution account only if the member’s present spouse and each person entitled under the order consent to the refund in writing on a form provided by the administrator.  The administrator may waive written consent from the person entitled under the order if the administrator determines that the person cannot be located or for other reasons established by regulation.  The administrator may waive written consent from the spouse if the administrator determines that
   1. the member was not married to the spouse during any period of the member’s employment with an employer;
   2. the spouse has no rights to benefits under AS 14.25.009 — 14.25.220 because of the terms of a qualified domestic relations order;
   3. the spouse cannot be located;
   4. the member and spouse have been married for less than two years and the member establishes that they are not cohabiting; or
   5. another reason established by regulation exists.
3. A member who has received a refund of contributions in accordance with this section forfeits corresponding credited service under AS 14.25.009 — 14.25.220 .

History. (§ 16 ch 145 SLA 1955; am § 6 ch 142 SLA 1957; am § 4 ch 78 SLA 1962; am § 7 ch 86 SLA 1963; am § 12 ch 151 SLA 1966; am § 5 ch 84 SLA 1969; am §§ 21 — 23 ch 66 SLA 1973; am § 8 ch 128 SLA 1977; am § 14 ch 137 SLA 1982; am §§ 5, 6 ch 117 SLA 1986; am § 21 ch 9 FSSLA 2005)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” in this section.

Sec. 14.25.153. Rights under qualified domestic relations order.

A former spouse shall be treated as a spouse or surviving spouse under AS 14.25.009 — 14.25.220 to the extent required by a qualified domestic relations order. Rights under the order do not take effect until the order is filed with the administrator.

History. (§ 7 ch 117 SLA 1986)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” in this section.

Sec. 14.25.155. Nonoccupational death benefits.

1. If the death of a member occurs after completing less than one year of membership service and the proximate cause of death is not a bodily injury sustained or hazard undergone while in the performance and within the scope of the member’s duties of employment, the member’s designated beneficiary shall be paid the balance of the member contribution account.
2. If the death of a member occurs after completing at least one year of membership service but before becoming a vested member, and the proximate cause of death is not a bodily injury sustained or hazard undergone while in the performance and within the scope of the member’s duties of employment, the lump-sum death benefit described in AS 14.25.160(b) and (c) shall be paid to the designated beneficiary of the member.
3. If the death of a vested member or deferred vested member occurs and the proximate cause of death is not a bodily injury sustained or hazard undergone while in the performance and within the scope of the member’s duties of employment, the surviving spouse may elect to receive either the benefits described in (b) of this section or a 50 percent joint and survivor option as provided under AS 14.25.167(a)(2) based on credited service to the date of the member’s termination.  If no spouse survives a vested or deferred vested member, or if a person other than the spouse is designated as beneficiary in accordance with AS 14.25.166 , the administrator shall pay the designated beneficiary the benefits described in AS 14.25.160(b) and (c).  Benefits accrue from the first day of the month following the member’s death and are payable the last day of the month.
4. Benefits are not payable under this section if benefits are payable under AS 14.25.157 , 14.25.160 , 14.25.162 , 14.25.164 , or 14.25.167 .

History. (§ 15 ch 137 SLA 1982; am § 8 ch 117 SLA 1986)

Sec. 14.25.157. Occupational death benefits.

1. If (1) the death of a member occurs before the member first attains eligibility for normal retirement, and (2) the proximate cause of death is a bodily injury sustained or hazard undergone while in the performance and within the scope of the member’s duties of employment, and (3) the injury or hazard is not the proximate result of wilful negligence on the part of the member, the administrator shall pay a monthly survivor’s pension equal to 40 percent of the member’s base salary at the time of termination of employment, divided by 12, to the member’s surviving spouse.  If there is no surviving spouse, the administrator shall pay the monthly survivor’s pension in equal parts to the dependent children of the member.  On the date the normal retirement of the member would have occurred if the member had lived, monthly payments must equal the monthly amount of the normal retirement benefit to which the member, had the member lived and continued employment until the member’s normal retirement date, would have been entitled with an average base salary as existed at the member’s death and the credited service to which the member would have been entitled.  If the member does not have a spouse or dependent children at the time of death or if the member designates as beneficiary under AS 14.25.166 someone other than the surviving spouse or dependent children, the administrator shall pay the member’s designated beneficiary those benefits available to a beneficiary under AS 14.25.160(b) and (c) and may not pay a benefit to the surviving spouse or dependent children.
2. The first payment of the surviving spouse’s pension or of a dependent child’s pension shall accrue from the first day of the month following the member’s death and is payable the last day of the month.  The last payment shall be made for the last month in which there is an eligible surviving spouse or dependent child.
3. Benefits are not payable under this section if benefits are payable under AS 14.25.155 , 14.25.160 , 14.25.162 , 14.25.164 , or 14.25.167 .
4. If a member’s death is caused by an act of assault, assassination, or terrorism directly related to the person’s status as a member, whether the act occurs on or off the member’s job site, the death shall be considered to have occurred in the performance of and within the scope of the member’s duties for purposes of (a)(2) of this section. If the expressed or apparent motive and intent of the perpetrator of the harm inflicted upon the member was due to the performance of the member’s job duties or employment as a member, the death shall be considered to be directly related to the member’s status as a member. A member’s job duties are those performed within the course and scope of the member’s employment with an employer.

History. (§ 15 ch 137 SLA 1982; am § 9 ch 117 SLA 1986; am § 1 ch 40 SLA 2002)

Sec. 14.25.160. Death benefits.

1. A death benefit shall be paid and any supplemental contributions shall be refunded to the designated beneficiary, upon receipt of a valid claim and proof of the death of a member who
   1. is not retired and is not eligible for benefits under AS 14.25.162 or 14.25.164 ; and
   2. either
      1. has made supplemental contributions under AS 14.25.055 since the date one year immediately preceding the member’s death or since July 1, 1983, whichever is later; or
      2. is making supplemental contributions under AS 14.25.055 but has made them for less than one year.
2. Upon the death of an active member who meets the conditions specified in (a) of this section, the amount of the death benefit is the sum of the following less any retirement benefit previously received by the member:
   1. the member contribution account;
   2. $100 times the years of membership service;
   3. $1,000; and
   4. $500 if the deceased member is survived by one or more dependent children at the time of death and if the designated beneficiary is a dependent child of the member or is the parent or guardian of the dependent child of the member.
3. If the sum of (b)(2) and (3) of this section exceeds $3,000, only $3,000 may be added to amounts under (b)(1) and (4) in calculating the death benefit under (b) of this section.
4. Upon the death of an inactive member who meets the conditions specified in (a) of this section, the death benefit is the amount determined in (b)(1) of this section.
5. Upon the death of a disabled member who is not eligible for normal retirement and who meets the conditions specified in (a) of this section, the death benefit is the amount determined in (b) of this section.
6. Upon the death of a retired member who meets the conditions specified in (a) of this section, the death benefit is the amount determined in (b)(1) of this section less all retirement benefits paid to the deceased member.
7. If supplemental contributions have been made under AS 14.25.055 , benefits may be payable under AS 14.25.162 or 14.25.164 if the deceased member meets the eligibility requirements of one of those sections.
8. Payment made to a beneficiary under this section is in place of any other benefit under AS 14.25.009 — 14.25.220 .

History. (§ 17 ch 145 SLA 1955; am § 7 ch 142 SLA 1957; am § 13 ch 89 SLA 1960; am § 5 ch 78 SLA 1962; am §§ 13 — 15 ch 151 SLA 1966; am § 6 ch 84 SLA 1969; am § 18 ch 13 SLA 1980; am §§ 16, 17 ch 137 SLA 1982; am § 13 ch 106 SLA 1988)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “AS 14.25.009 — 14.25.220 ” was substituted for “this chapter” in this section.

Sec. 14.25.162. Survivor’s allowance.

1. If an active or disabled member dies and leaves a dependent child, and supplemental contributions have been made under AS 14.25.055 for at least one year of credited service, a survivor’s allowance is payable under (b) of this section.  If a retired member or a deferred vested member dies and leaves a dependent child, and supplemental contributions have been made under AS 14.25.055 for at least five years of credited service, a survivor’s allowance is payable under (b) of this section. Application for the survivor’s allowance must be made in writing to the administrator.
2. A survivor’s allowance is payable under this section as follows:
   1. an allowance of 10 percent of the member’s base salary immediately before the member’s death, retirement, or disability shall be paid for each dependent child; if there are four or more dependent children, the total amount paid to those children is 40 percent of the member’s base salary before the member’s death, retirement, or disability, paid in equal amounts to each child; the allowance shall be recomputed for the month in which the number of dependent children is less than four and the benefits shall be decreased accordingly; the adoption of a dependent child does not terminate the survivor’s allowance payable under this section;
   2. an allowance of 35 percent of the member’s base salary shall be paid to the member’s surviving spouse as long as there is an eligible dependent child, as determined under (b)(1) of this section, for whom the surviving spouse is legally responsible; if there is no surviving spouse, an allowance of 10 percent of the member’s base salary shall be paid to each court-appointed guardian, not to exceed one allowance for each child or for each group of children who have the same guardian or joint guardians;
   3. when no further benefits are payable under this section, the difference between the amount that would have been paid under AS 14.25.160 and any payments made to the member, spouse, guardian, or dependent children under this section shall be paid to those beneficiaries described in AS 14.25.166 ;
   4. benefits are not payable under this section if benefits are payable under AS 14.25.155 , 14.25.157 , 14.25.164 , or 14.25.167 .
3. The survivor’s allowance accrues from the first day of the month following the death of a member and is payable on the last day of the month.  If payment is delayed, a retroactive payment must be made for the month in which a benefit is payable under this section.  The last payment is for the month in which a benefit is payable under this section.

History. (§ 16 ch 151 SLA 1966; am §§ 7 — 9 ch 84 SLA 1969; am §§ 11, 12 ch 138 SLA 1970; am § 15 ch 32 SLA 1971; am § 1 ch 52 SLA 1972; am §§ 24, 25 ch 66 SLA 1973; am §§ 9, 10, 55 ch 128 SLA 1977; am § 19 ch 13 SLA 1980; am §§ 18, 19 ch 137 SLA 1982; am § 14 ch 106 SLA 1988)

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Editor’s notes. —

In general, a person’s right to benefits under the state’s public employee retirement systems vests when the person joins the system. Hammond v. Hoffbeck, 627 P.2d 1052 (Alaska 1981). Therefore, former law may govern the benefits of some members of the teachers’ retirement system. The user is advised to ascertain which version of the statute is applicable. Earlier versions of the statutes can be found in prior editions of the Alaska Statutes or in the published Session Laws of Alaska.

Sec. 14.25.163. Rollover distributions and rollover contributions.

1. A distributee may elect, at the time and in the manner prescribed by the administrator, to have all or part of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in the direct rollover.
2. Except as provided by AS 14.25.075(f) , the plan does not accept contributions of eligible rollover distributions.
3. In this section,
   1. “direct rollover” means the payment of an eligible rollover distribution by the plan to an eligible retirement plan specified by a distributee who is eligible to elect a direct rollover;
   2. “distributee” means a member or a beneficiary who is the surviving spouse of the member or an alternate payee;
   3. “eligible retirement plan” means
      1. an individual retirement account described in 26 U.S.C. 408(a);
      2. an individual retirement annuity defined in 26 U.S.C. 408(b);
      3. an annuity plan described in 26 U.S.C. 403(a);
      4. a qualified trust described in 26 U.S.C. 401(a);
      5. on and after January 1, 2002, an annuity plan described in 26 U.S.C. 403(b);
      6. on or after January 1, 2002, a governmental plan described in 26 U.S.C. 457(b); or
      7. on or after January 1, 2008, a Roth IRA described in 26 U.S.C. 408A;
   4. “eligible rollover distribution” means a distribution of all or part of a total account to a distributee, except for
      1. a distribution that is one of a series of substantially equal installments payable not less frequently than annually over the life expectancy of the distributee or the joint and last survivor life expectancy of the distributee and the distributee’s designated beneficiary, as defined in 26 U.S.C. 401(a)(9);
      2. a distribution that is one of a series of substantially equal installments payable not less frequently than annually over a specified period of 10 years or more;
      3. a distribution that is required under 26 U.S.C. 401(a)(9);
      4. the portion of any distribution that is not includable in gross income; however, a portion under this subparagraph may be transferred only to an individual retirement account or annuity described in 26 U.S.C. 408(a) or (b), to a qualified plan described in 26 U.S.C. 401(a) or 403(a), or to an annuity contract described in 26 U.S.C. 403(b), that agrees to separately account for amounts transferred, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not includable in gross income; and
      5. other distributions that are reasonably expected to total less than $200 during a year.

History. (§ 9 ch 59 SLA 2002; am §§ 7 — 10 ch 20 SLA 2007)

Revisor’s notes. —

Under sec. 144, ch. 9, FSSLA 2005, “plan” was substituted for “system” in this section.

Sec. 14.25.164. Spouse’s pension.

1. If an active or disabled member dies, a pension is payable to the member’s spouse if the member made supplemental contributions under AS 14.25.055 for at least one year of credited service. If a retired member or deferred vested member dies, a pension is payable to the member’s spouse if the member made supplemental contributions under AS 14.25.055 for at least five years of credited service. Application for the spouse’s pension must be made in writing to the administrator.
2. A spouse’s pension is payable under this section as follows:
   1. a spouse’s pension is equal to 50 percent of the retirement benefit that the deceased member was receiving; if the member was not receiving a retirement benefit, the spouse’s pension is equal to 50 percent of the amount the member would have received, based on the member’s average base salary and credited service to the date of the member’s death and assuming that the member would have been eligible for a normal retirement benefit as of that date;
   2. in the event of the death of a member’s spouse who is receiving a spouse’s pension, the difference between the amount that would have been paid under AS 14.25.160 and any payments made to the member, spouse, guardian, or dependent children shall be paid to those beneficiaries described in AS 14.25.166 ;
   3. benefits are not payable under this section if benefits are payable under AS 14.25.155 , 14.25.157 , 14.25.162 , or 14.25.167 .
3. The spouse’s pension accrues from the first day of the month following the death of a member and is payable on the last day of the month.  If payment is delayed, a retroactive payment must be made for the month in which a benefit is payable under this section.  The last payment is for the month in which the spouse dies.

History. (§ 17 ch 151 SLA 1966; am §§ 10 — 12 ch 84 SLA 1969; am § 19 ch 69 SLA 1970; am §§ 26 — 28 ch 66 SLA 1973; am § 11 ch 173 SLA 1975; am § 11 ch 128 SLA 1977; am § 20 ch 13 SLA 1980; am § 20 ch 13 SLA 1982; am § 15 ch 106 SLA 1988)

Administrative Code. —

For benefits under the defined benefits plan of the teachers’ retirement system, see 2 AAC 36, art. 3.

Editor’s notes. —

In general, a person’s right to benefits under the state’s public employee retirement systems vests when the person joins the system. Hammond v. Hoffbeck, 627 P.2d 1052 (Alaska 1981). Therefore, former law may govern the benefits of some members of the teachers’ retirement system. The user is advised to ascertain which version of the statute is applicable. Earlier versions of the statutes can be found in prior editions of the Alaska Statutes or in the published Session Laws of Alaska.

Sec. 14.25.165. Distribution requirements.

1. The entire interest of a member must be distributed or must begin to be distributed not later than the member’s required beginning date.
2. If a member dies after the distribution of the member’s interest has begun but before the distribution has been completed, the remaining portion of the interest shall continue to be distributed at least as rapidly as under the method of distribution being used before the member’s death.
3. If a member has made a distribution election and dies before the distribution of the member’s interest begins, distribution of the member’s entire interest shall be completed by December 31 of the calendar year containing the fifth anniversary of the member’s death. However, if any portion of the member’s interest is payable to a designated beneficiary, distributions may be made over the life of the designated beneficiary or over a period certain not greater than the life expectancy of the designated beneficiary, commencing on or before December 31 of the calendar year immediately following the calendar year in which the member died, and, if the designated beneficiary is the member’s surviving spouse, the date distributions are required to begin may not be earlier than the later of December 31 of the calendar year (1) immediately following the calendar year in which the member died, or (2) in which the member would have attained 70 1/2 years of age, whichever is earlier. If the surviving spouse dies after the member but before payments to the spouse have begun, the provisions of this subsection apply as if the surviving spouse were the member. An amount paid to a child of the member will be treated as if it were paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority.
4. If a member has not made a distribution election before the member’s death, the member’s designated beneficiary must elect the method of distribution not later than December 31 of the calendar year (1) in which distributions would be required to begin under this section, or (2) that contains the fifth anniversary of the date of death of the member, whichever is earlier. If the member does not have a designated beneficiary or if the designated beneficiary does not elect a method of distribution, distribution of the member’s entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the member’s death.
5. For purposes of (c) of this section, distribution of a member’s interest is considered to begin (1) on the member’s required beginning date, or (2) if the designated beneficiary is the member’s surviving spouse and the surviving spouse dies after the member but before payments to the spouse have begun, on the date distribution is required to begin to the surviving spouse. If distribution in the form of an annuity irrevocably commences to the member before the required beginning date, the date distribution is considered to begin is the date that the distribution actually commences.
6. Notwithstanding any contrary provisions of AS 14.25.009 — 14.25.220 , the requirements of this section apply to all distributions of a member’s interest and take precedence over any inconsistent provisions of AS 14.25.009 — 14.25.220 .
7. All distributions required under this section are determined and made in accordance with 26 U.S.C. 401(a)(9) and regulations adopted under that statute, including any minimum distribution incidental benefit requirement.
8. Unless otherwise specified, the provisions of this section apply to calendar years beginning on or after January 1, 1983.
9. In this section,
   1. “designated beneficiary” means the individual who is designated as the beneficiary under the plan in accordance with 26 U.S.C. 401(a)(9) and regulations adopted under that statute;
   2. “required beginning date” means the first day of April of the calendar year following the calendar year in which the member either attains 70 1/2 years of age or actually retires, whichever is later.