AS Title 14, Chapter 12: Organization and Government of School System

Article 1. Districts. Chapter 12. Organization and Government of School System. 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. Sec. 14.12.020. Support, management, and control in general; military reservation schools. (a) 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. (b) Each borough or city school district shall be operated on a district-wide basis under the management and control of a school board. (c) 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. 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. Article 2. School Boards. Sec. 14.12.030. School boards. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. 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. 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. Sec. 14.12.050. School board terms. (a) 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. (b) 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. (c) Nothing in this section prevents school board members from succeeding themselves. 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. 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. 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.” Sec. 14.12.100. Application. AS 14.12.010 — 14.12.100 apply to home rule and general law municipalities. 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. 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. Sec. 14.12.120. Limited liability. [Repealed, § 4 ch 148 SLA 1978.] Article 3. Regional Resource Centers. Sec. 14.12.150. Establishment and purpose. (a) 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. (b) 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. (c) 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. (d) Regional resource center boards may receive and expend both public and private funds to operate a regional resource center. (e) 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 ). Sec. 14.12.160. Regional resource center board grant program; eligibility. (a) 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. (b) 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: (A) the bylaws adopted for its operation; (B) a list of participating districts, number of students, and professional staff to be served; (C) a schedule of funds available from federal, state, local, and private sources; (D) a description of the services and programs to be offered; (E) a description of the method by which these services and programs will be evaluated; (F) other information that may be required by the department by regulation; (4) comply with applicable regulations adopted by the department. Sec. 14.12.170. Districts. For purposes of AS 14.12.150 — 14.12.180, regional educational attendance areas shall be considered districts. Sec. 14.12.180. Regulations. The department may adopt regulations necessary to implement the provisions of AS 14.12.150 — 14.12.170.