AS Title 14, Chapter 3: Public Schools Generally

Chapter 03. Public Schools Generally. Article 1. General Provisions. 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. 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. Sec. 14.03.016. A parent's right to direct the education of the parent's child. (a) A local school board shall, in consultation with parents, teachers, and school administrators, adopt policies to promote the involvement of parents in the school district's education program. The policies must include procedures (1) recognizing the authority of a parent and allowing a parent to object to and withdraw the child from a standards-based assessment or test required by the state; (2) recognizing the authority of a parent and allowing a parent to object to and withdraw the child from an activity, class, or program; (3) 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. (b) 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. (c) Nothing in this section prohibits a school employee or volunteer from answering a question from a child about any topic. (d) 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 (A) sexual abuse and sexual assault awareness and prevention training required under AS 14.30.355 ; or (B) 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 . Sec. 14.03.020. School year. The school year begins on the first day of July and ends on the 30th day of June. 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. 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 grades four through 12. 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. Sec. 14.03.050. School holidays. (a) 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. (b) 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. (c) The governing body of the school district may declare additional holidays. Sec. 14.03.060. Elementary, junior high, and secondary schools. (a) 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. (b) 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. (c) Grades seven through eight, nine, and ten or any appropriate combination of grades within this range may be organized as a junior high school. (d) This section does not prevent a high school from issuing a diploma to a student who has completed the 12th grade. (e) In addition to the grades enumerated in (a) of this section, an elementary school consists of an early education program approved or supervised by the department under AS 14.07.020 (a)(8), including a program operated by a head start agency as a head start program under 42 U.S.C. 9831 — 9852c. 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. Sec. 14.03.072. Literacy and early reading information. (a) 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 literacy and early reading, including (1) culturally responsive intervention strategies and reading intervention services provided under AS 14.30.765 ; (2) home reading plans; (3) grade progression standards and policies for the elementary school attended; (4) strategies and resources to help children learn to read; (5) a list of resources and organizations that specialize in improving adult literacy. (b) 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. Sec. 14.03.073. Secondary school course credit. (a) 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. (b) 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. (c) The board shall adopt regulations to implement this section. (d) In this section, “school district” has the meaning given in AS 14.30.350 . Sec. 14.03.075. College and career readiness assessment; retroactive issuance of diploma. (a) [Repealed, §§ 25, 29 ch 2 SSSLA 2015.] (b) [Repealed, §§ 25, 29 ch 2 SSSLA 2015.] (c) [Repealed, §§ 25, 29 ch 2 SSSLA 2015.] (d) 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. (e) In this section, “school district” has the meaning given in AS 14.30.350 . Sec. 14.03.077. High school diploma for certain veterans. (a) 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 (A) died in active service; (B) was honorably discharged; or (C) was released from active duty because of a service-related disability. (b) 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. Sec. 14.03.078. Annual progress reports. (a) The department shall provide to the legislature and school districts 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 ; (2) progress of the department (A) toward implementing the school accountability provisions of AS 14.03.123 ; and (B) 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; (7) the number and percentage of turnover in certificated personnel and superintendents; (8) a summary of the categories of certificated administrative employees employed by each school district that includes the ratio of (A) the number of certificated administrative employees in each category employed by each school district compared to the number of students enrolled in the school district on October 1 of the previous year; (B) the total number of certificated administrative employees employed by each school district compared to the total number of teachers employed by the school district on October 1 of the previous year; and (C) the total number of teachers employed by each school district compared to the total number of students enrolled in the school district on October 1 of the previous year; (9) the progress made to implement the reading intervention programs established under AS 14.30.760 — 14.30.780, including data on how school districts are using in-service days for culturally responsive professional development in reading instruction; and (10) the effectiveness and participation rates of the parents as teachers program established under AS 14.03.420 , including measures of efficiency and effectiveness that demonstrate the effects of the program on school readiness. (b) By December 31 of each year, the department shall provide to the Alaska Mental Health Trust Authority established by AS 44.25.200 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). (c) Each school district shall make available to the public the portion of the report under (a)(8) of this section that pertains to the school district by posting the information in a prominent location on the school district's or local community's Internet website or by another easily accessible method. (d) In this section, “administrative employee” means an employee who does not provide direct classroom instruction for students as a regular part of the employee's job. Sec. 14.03.080. Right to attend school. (a) 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. (b) 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. (c) A child under school age who is at least four years of age at the beginning of the school year 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, except for students in an early education program, 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. (d) [Repealed, § 46 ch 40 SLA 2022.] (e) 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. (f) 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. (g) 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. (h) [Effective June 30, 2034.] 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. Sec. 14.03.083. Contracting for services. (a) 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. (b) The department shall adopt regulations and establish program standards for educational services that may be contracted for by a school district. (c) Expenses incurred by the department in accrediting the agency and program shall be borne by the agency seeking accreditation. (d) 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. 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. 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. Sec. 14.03.095. Part-time school attendance. (a) 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. (b) 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. (c) Part-time enrollment under this section does not constitute attendance for the purposes of AS 14.30.010 (a). (d) This section does not apply to interscholastic or extracurricular student activities. 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. Sec. 14.03.105. Search of school lockers. (a) 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. (b) 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. (c) 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. Sec. 14.03.110. Questionnaires and surveys administered in public schools. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) In this section, “questionnaire or survey” means a list of questions to, or information collected from, a class or group of students. 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. 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. Sec. 14.03.120. Education planning; reports. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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 (A) copies of the reports and summaries of comments submitted under this section by each public school in the district; (B) a compilation of the material described in (A) of this paragraph by each public school in the district; (C) 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 (D) other information concerning school performance and the performance of the school's students as required by the state board in regulation. (f) 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. (g) To the extent allowable under state and federal privacy laws, each district shall annually report to the department information from the previous school year regarding (1) the number of students and teaching staff assigned to each classroom in grades kindergarten through three; (2) the number and percentage of students (A) in grades kindergarten through three who demonstrated improvement on expected grade-level skills on the statewide screening tool; (B) in grades kindergarten through three who performed below expected grade-level skills on the statewide screening tool, by grade; (C) in grades kindergarten through three who did not progress to the next grade and the reasons the students did not progress; (D) in grade three who demonstrated sufficient reading skills to progress to grade four based on the statewide screening tool; (E) in grade three who progressed to grade four based on a waiver under AS 14.30.765 (f); (F) in grade three who demonstrated sufficient reading skills to progress to grade four based on an alternative standardized reading screening; (G) in grade three who demonstrated sufficient reading skills to progress to grade four based on a student reading portfolio; (3) the performance on the statewide screening tool of students in a grade above grade three who did not progress to grade four or who progressed to grade four based on a waiver under AS 14.30.765 (f). (h) To the extent allowable under state and federal privacy laws, the department shall post on the department's Internet website and make available for download the information reported under this section. The department shall post the information in a single downloadable comma-separated values file or a similar single downloadable file that allows data storage in tabular format. The file must include the comprehensive information about each public school reported under (d) and (e) of this section in a single list that may be sorted and compared. (i) If the department receives the information required to be reported under this section from multiple sources, the department shall consolidate the information. Nothing in this section requires a district to provide duplicate information to the department in separate documents. (j) In this section, “district” has the meaning given in AS 14.17.990 . Sec. 14.03.123. School and district accountability. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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 (A) 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; (B) measures of student improvement and academic achievement; and (C) other measures identified that are indicators of student success and achievement; and (2) to the extent practicable, minimize the administrative burden on districts. (g) 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. Sec. 14.03.125. Fund for the improvement of school performance. (a) 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. (b) 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. (c) 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. (d) Grant funds awarded under this section may only be expended to improve the performance of a public school. (e) In this section, “district” has the meaning given in AS 14.17.990 . Sec. 14.03.126. Public school performance incentive program. [Repealed, § 8 ch 41 SLA 2006.] Sec. 14.03.127. Funding for Internet services. Sec. 14.03.127. Funding for Internet services. (a) 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 100 megabits of download a second of the Internet services. (b) If insufficient funding is appropriated to provide funding authorized under this section, the state share shall be distributed pro rata to eligible school districts. (c) 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. (a) 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. (b) If insufficient funding is appropriated to provide funding authorized under this section, the state share shall be distributed pro rata to eligible school districts. (c) 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. Sec. 14.03.130. Display of flags and pledge of allegiance. (a) 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.” (b) 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. Sec. 14.03.135. Dress code; natural hairstyles. (a) A governing body may not adopt a school dress code that (1) prohibits a student from wearing a hairstyle that is associated with race; (2) prohibits a student from wearing a natural hairstyle, regardless of the student's hair texture or type; in this paragraph, “natural hairstyle” includes braids, locs, twists, tight coils, afros, cornrows, and bantu knots; (3) requires a student to permanently or semipermanently alter the student's natural hair; or (4) prohibits a student from wearing traditional tribal regalia or objects of cultural significance at a graduation ceremony. (b) Notwithstanding (a) of this section, a governing body may adopt a school dress code that restricts student hairstyles if the restriction is necessary to comply with a health or safety law, regulation, or ordinance. 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. Sec. 14.03.150. Property insurance required. (a) 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. (b) 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. (c) 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. Sec. 14.03.160. Suspension or expulsion of students for possessing weapons. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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 . Article 2. Charter Schools. Sec. 14.03.250. Application for charter school. (a) 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). (b) 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. (c) 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. (d) 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. (e) 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. (f) 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. Sec. 14.03.253. Charter school application appeal. (a) 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. (b) 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. Sec. 14.03.255. Organization and operation of a charter school. (a) 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.

(b) 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. (c) 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. (d) 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. Sec. 14.03.260. Funding for charter school. (a) 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. (b) 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. (c) 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 . (d) 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. Sec. 14.03.263. Charter school grant program. [Repealed, § 1 ch 100 SLA 2003.] Sec. 14.03.264. Charter school grant program. (a) 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. (b) The department shall establish by regulation procedures for the application for and expenditure of grant funds under (a) of this section. (c) 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. Sec. 14.03.265. Admission. (a) 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. (b) 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. (c) In addition to other requirements of law, a charter school shall be nonsectarian. Sec. 14.03.270. Teacher or employee transfers, evaluations, and negotiated agreements. (a) A teacher or employee may not be assigned to a charter school unless the teacher or employee consents to the assignment. (b) 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. (c) 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. Sec. 14.03.275. Contracts; duration. A contract for a charter school may be for a term of no more than 10 years. 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. 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) “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. Article 3. Correspondence Study Programs. Sec. 14.03.300. Correspondence study programs; individual learning plans. (a) 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. (b) 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). Sec. 14.03.310. Student allotments. (a) 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. (b) 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 (A) are approved by the school district; (B) are appropriate for the student; (C) are aligned to state standards; and (D) comply with AS 14.03.090 and AS 14.18.060 ; and (3) the services and materials otherwise support a public purpose. (c) 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 . (d) 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. (e) 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. Article 4. Early Education. Sec. 14.03.410. Early education programs; grants. (a) The department shall provide training and assistance to develop and improve district-wide early education programs that comply with standards adopted by the board under AS 14.07.165 (a)(5). (b) The department may award a grant to provide funding for a three-year period for the development or improvement of a district-wide early education program to a district that has not received a grant under this section, applies in a format prescribed by the department, provides the information required under (g) of this section, and is eligible for a grant as specified under (c) of this section. Unless the legislature appropriates another amount, total grant funding awarded to districts under this subsection may not exceed $3,000,000 in a fiscal year. (c) The department shall rank the performance of each district in the state in accordance with the accountability system and performance designations required under AS 14.03.123 . When approving grants under (b) of this section, the department shall prioritize eligible districts with lower performance based on the department's ranking of districts under this subsection. A district is eligible for a grant if the department determines an insufficient number of children in the district attend high quality child care programs, including head start programs, early education programs provided by a local government, and early education programs provided by child development agencies, that (1) meet or exceed the standards adopted by the board under AS 14.07.165 (a)(5); and (2) would continue operating after development of a district early education program. (d) If the department does not approve the early education program of a district awarded a grant under (b) of this section by the end of the district's three-year grant period, the department may provide a one-year remediation grant to allow the district one additional fiscal year to meet the early education program standards adopted by the board under AS 14.07.165 (a)(5). If the district is unable to meet the early education program standards at the end of that fiscal year, the department may, in the discretion of the commissioner, provide an additional remediation grant to allow the district not more than one additional fiscal year to meet the standards. Nothing in this section prohibits a district from using its own funds to continue the remediation process. (e) A student in an early education program may not be counted in a district's ADM under AS 14.17.500 unless the department has approved the program. (f) A grant under this section is subject to appropriation, but may not supplant other early education funding available to districts. (g) Before applying for a grant under (b) of this section, a district shall, to avoid duplicate programs and facilitate resource sharing to improve early education within the district, consult with each local and tribal head start program within the district's boundaries. An application submitted under (b) of this section must include documentation establishing that the district consulted with each local and tribal head start program within the district. (h) In this section, (1) “ADM” has the meaning given in AS 14.17.990 ; (2) “district” has the meaning given in AS 14.17.990 ; (3) “early education program” means a program, the primary function of which is educational, for children who are four and five years of age and who have not attended a public school kindergarten. Sec. 14.03.420. Parents as teachers program. (a) The department shall design and implement a statewide parents as teachers program for the benefit of children who are under five years of age. The program must provide a system of early childhood education that (1) is evidence-based; (2) involves parents; (3) is consistent with available research and best practices for high quality early childhood education; (4) incorporates guidelines adopted by the department for early learning that (A) enhance school readiness; (B) increase parent understanding of child development and developmental milestones; (C) reduce the incidence of child abuse and neglect; (D) increase identification of health problems and developmental delays through regular screenings; (E) improve child health indicators, including immunization rates; and (F) increase parental involvement; and (5) provides for effective and efficient coordination with or expansion of early education programs operating in the state, to the extent permitted by law. (b) A school district shall, to the extent space is needed and available, provide for the use of a room in a school at no charge to support the program established under this section. (c) The department shall develop and enter into local partnerships to implement the program established under this section.