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80 163 658 ., E1.011 11460 7 s. :
TITLE. Compiled School Laws "of Alaska, '
. INST/TUTJOf Alaska stdte Dept; orEAuceition-, Juneau..t;
PUB DATE $ep 78 (. '. :
1107E: -, 206p.; For a related document, see ED 143,143; Not .
. . ,availible in paper copy'di*to small.print size td ,, r,
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EDRS PRICE 5F-80.03 Pius Postage..MC Not Available froft:EDRS.DESCRIPTORS Adignistrative Personnel;Xolleges;.*EducatiOnal
Administration; *Educational Legislation; 'Elementary, . Secondary Education; 114ndation Programs;
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Postsecondary Educatiost;;.*School-law; School Systems;, . State Aid; *State Legislation- State Libraries; 1
Students; Student TramS0ortati-on; Teacher Retirement;s,
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Teachers; Universitie. . . i. .
IDENTIFIERS *Alaska ,
ABSTRACI I 4' This document gathers together the Alaska state.stattites dealing specifically, with education an'd those affectingeducation although not limited solely to education. Both elementary'and secondary education and postsecondary education are Aealt with.
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.The topics covered include the administration of the schools; the-rights and respon4bilities of teachers, administrators, andstudents; the state foundation program; private andiparochialschools; teacher retirement; food services; and the administration of,-We. state muse,* and library. (Ilet
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*******#***.***********************************************************A*/ Reproductionssupplied,by.EDRS are 'the best that can be made **
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Compiled
Sthol Laws
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ildiaka
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U.S odeAsevoseusoF HEALTH.EDUCATIONSWELPARGNATIONAL INSTITUTE 0,
EDUCATION
THIS DOCUMENT HAS SEEN REPRO.DUCED EXACTLY AS RECEIVED FROMTHE PERSON OR ORGANIZATION ORIGIN.ATING IT POINTS OF VIEW OR OPINIONSSTATED DO NOT NECESSARILY REPRE.
*SENT OFFICIAL NATIONAL INSTITUTE OFEDUCATION POSITION OH, POLICY
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Department of EtheoatIon. Marshall Und, C041.61is!ioner. .,
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September 78
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'PERMISSION TO REPRODUCE THISMATERIAL IN MICROFICHE ONLYHAS BEEN GRANID BY
19:10;0*TO THE EDUCATIONAL RESOURCESINFORMATION CENTER fERICI ANDUSERS OF THE ERIC SYSTEM''
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.. COMPILED SCHOOL LAWS ft
'. OP THE i'-STATE DF ALASKA
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'T,h8 Constitution of the State-of Alaska, Article VII, Section 1 .......... :. .
Alaska Statutes, Title 44, Chapter 27, Section 44.27.010 -P20
.Chapter 03.
0
030.040..050.060.070.080.083.090.100.130.140.
'ALASKA STAi-UTES, TITLE 14, EDUCATION .
blic-SChools GerrallyEstablishment cif school system .School year
,,
It ).; ,.kSchool term -; "e -.: ,
. -
Day in session . . ... .. C : # .School holidays \ i 4Elementary junior high and secondary schpois) '.,, .School age J. I... -. ...., .
.
Free education . , / . ,..t . . . 4 .... : ..Contracting. ior services i
.
it -
,Sectarian or denominational doctrines prohibited ,:i ;Use of school facilities .
Display of flagsEmergency drink
1 $
4: ..%
Chapter 07. Administration of Public SchoolsArticle 1. Department of Education . .
010. Department of Education020, Duties of thellepartment030. -Powers of the deparkrnent050. Selection of textbooks053.054.057.060.
' 070.Article 2 StateBoar Cif. Educatiop and Coinrnissioner of
. 075.085.095.105.'115.125.135.145.15cr.
155160.170.
2
2:2
. . 2
. 333
. 3444
. 5i.Alaska School activities Association' i .1Alaska School Activities Furid .
Transmittal `selections . . . ../ .t:: .. ...Promulgation oftregulationsWithholdinag statefunds
CreAtionAppointment of,mombers .
Term of office ,Quorum and chairmanRemovalMeetingsLegal assistance
3 , .Commissioner of education . "-budget and fiscal authority '/ri 00% 0LiMitations board ',Prescriptio of bylaws i .'Ailditi67 liowers of bbArd 1 ,
Chapter 08. Education the Unorganized Boroug . 1OM . Purpo
.1,
021. Auth ity ... .e 1 ,,
). 031.. Regi zal Educational:Attenclance;Afeat'4041. R onal School Boards.: --, -,''051. ool Bolid SectioAs ; ;.. '' ..
061. erm of Office :071, factions ... ..., ..... 7 ...... ".081. Recall ' , .
4
09 . Adrninistratiou1 Powers ,,11.
.
Duties121. Funding?. . . ... . . . . ...131 Conflict of Interest: ,Disqualtfilation Noting141. Regional Resource Cepteis".151. Land and Buildings
fl
101. School construction,, repair, and imir
pter 09. Transportation of Pisisils;. ,4. .. . ...010. Transportation of*P1084D20, Transportation 5pr risinkublic sch d, students,
..;,"
s.
.4 $
.. . : .. .
69999
10111111
1212121313131313
1615.16
I. ;/
. rl t
"..."
0
- ' r
Chaptar 12. organization and Government of - -! .. . 16 '. - Article 1. Districts 16
010. Districts of State Public S4, 4015 1 16020. Support. management, 'a contr. 16,
Article2. School Boards . . . . 4444 ... . 16030. School boards . 16035. Advisory school bo ds in b ugh school districts , f ... .. 17 .040. Transition
uk
de.
.1
17050. School board t -. . 17
17070. Vacancies . .090. . Oath
iti 4. . . . 17080. AQualificati 4
t 6. I 17100. Aivtica ..
. 44 . ,: .17110. Single embly and school board 1 17 '
.... . 11C Inds 114 -4 17Article 3. Re, urc nters. .. t 18
150. ant and rpose i . .. 18160. resource nter Iloard grant program: eligibility ., . 18170 I education attendance areas considered diliricts 181 ations 18
Administration of Schools 19peration of Dishier" ... I - 19
Bond required 19Annual audit 19
1920'20
. 20, 21
21... 4 21
''21A.'
1222212
1, 22160. ,Cooperitriand support of certain assoc ation.functions .... 22170., tiarrirritinity school comirkitteps , , 23180. Ciisilifications.of commitnity school co rnittee members and voters . .... '. 23190.-- 'Tarns of office vacancy
,.otia,, 4 ; Duties7ArtiCiii2; Involvement of Young PeoPle4n Schoo
.'. -290.. Establishment of committee260. Composition and chairman270. Compensatise and per diem280. Functions oMe committee . . .290. Interns300. Appointment to district cqm mitt310', DefinitiOns
*raper 17. Public School eoundation Progr,ain .Miele 1. ;state Aid to Local Sdipoltiistri
010. -':,Pit, blic School Founditian .C.-couilt.
021. State aid. 022, flan& forCentralized Correspondence Study.
-'031. 14tructional Units . 4.. , . ...0. ..... : . 1041. Table of:allowable instructional units-.051. iniiructional Unit Allotment . d"056. Base instruction unit061. Supplemental programs i071. Required lode; effort . . , 7-..: . ..
. Article2. Preparation of Public School*Foundation Budget4, 080. Computation by district .
rs,
of me
ondY as
nificat'°nal R
tablishegion
regto
Chapter 1
I
Le 1.02005
I Z.'
r,
,'Relationship between borough school district and borough5. Relationship between city scbool district and City
074. O'rganization of school boardoso. Declaring a school boarepacency i090. Additional duties ,.100. ylaws and administrative rules
- .105. ick leave bank ..... . ..107. ave and sick leave hipster110. Cooperator. kith other120. Inoperative district . .4f.y..:Vic130; Chief school admkplittato,t3' -
14Q. Restrictidn.o.n.employ(nent.150. AfsociatiOn-offdaskaSchool Bards
r
0.
dJ 9 23. 24
Governance 24r .24
. 2424
. ........ .... . r 24. .
'25or other advisory bodids , . t '25
26
2626 ,
. .1. . ' ... .2626, 27
1. .: : 482219J.30
30/ ;.
oga ,Estirnatedaveragoldallymemhers,hiP,14d, Determination of full and true value by Department of
Comm unity,and:Regional,,Affairi :i5d DuTylfcom missioner to examine ancttabulite coniputations .4 ., . : ....
,. . .. . . ,
'., . .
s
- . ' :III 1 .., .0
I.-I.
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,...te:
. . 31r
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. 345: Leave of absence without pay ,350. Definitions
Article 5. grofessionet Teaching Practices Act'370. Teaching profession380. Creation of a commission ...
' 390. Appointment and qualifications . .,45. 400. Comp6sition of thecommission . 45
.. 410. Selection of members 45
,,k 420. Term Of.off ice (4:4 . , 46'' 436 Oismissa) -.-.-. a 4..1",-k
- 46
1 ,440. Relm4uisement, 450. 'Responsibilities of commission . ..ri.. .1,
'.1 ./74. -. . 46. 46
460, Duties'of commission 464 70. Powers of commission - .....4? ." A i 47, 4%475. Applicability of the Admilistrative Procedure Act - . , . 47
Jr. ,.- .1t I''" . . , ..,,,,. .
t .
Article 3. Procedure forPayment of Public School Foundation Funds toDistricb ' 32'160. Allocation of funds on prafiminary computation 32170. Payment Under Adjusted Computations , 32. -.180. -Payment Under Final Computation 32 ..
190. Restrictions governing receipt and expenditure of moneyfrompublic school foundation account ,, 32
Article 4. General Provisions . 33200. Regulations .205. State aid to districts operating approved school food service programs leC
33. '.
.
210. State ail to'newly established district schools , 33215. State aid to districts affected by state activities ,, 33220. Purpose ..,,- 34
. 225. Construction and implementation Of chapter' , 3434
36Article 1. Teacher Certification 36
- 010. Teacher certificate required , 36. , 030. Causes for revocation and suspension 36
040. Applicability of the Administrative Procedure Act 37Article 2. Employment and Tenure
095. Right to commentind criticize not to be restricted. 37097. Duty freetime . I 37100. Unlawful to require statement of religiqus or political affiliation ,,, . . . 37110. Penalty for violation of sec.'100 of this chapter . 37120. Statement of qualifications 37
_130. Employment of teachers and adrninistrat6rs- , 37140. Notification of nonretention - a 37145, Automatic reemployment -. 38147. Attendance area transfer,, absorption I ..3
148. Intradistrict teacher reassianments ... 38.150. Acquisition of tenuni rights ... 38 . .155. Effect of tenure rights . .381 58, Continued contract provisions . ' 39ifio. ..Loss of tenure rights . 39.165. Restoration of tenure rights170. Dismissal
. .175. Nonretent ion . 39 I ..
'180. Procedure and hearing upo lice of dismissal or'nonretention 40 ,....g205. Judicial review 40' ,_207. Definitions . 46210. Authorit school board or department to adopt bylaws 7,A1 .
Article 3. Sala i'"" 41 a
220 nimidm teachers' salaiy scale by area - . L 41
Administrators' t alaries .4 77,. 42
Article 4, Sabbatical Leave'.
..... . . 42
''', . . 42275. -Oefinitions -
280. Basis of leave , . , 421
290. Application' '/' 42. .
./....-300. Selection of teachers _.:,,.:/.. 43620. Responsibility of teacher , .7f-ricl` . . . . . . . . 4433
330, Positfen, tenure, and retirement . i340. Military service and previous leaves of absence 7Z-4in 43
. 4344
45" 45
45 4
4.1
a
I 1 i
250. Definitions
Chapter 20, Teachers and School Officials . . .
,
39- '/. 39 a
4'
At
iv
480. Effact of standardsi 5Q0. SUP Port .510. Short title
Article 6; Negotiation and Mediation . . i550. Negotiation with Certificated Employees555. Optional Coordinated Employee Negotiations560. Teacher? bargaining groups .570. Mediation580. The Mediation Report
4 7 590. Grievance Procedures600. Individtial cases610. Legal responsitAilities of hoards
Article 7. Interstate Agreement 6n Qualification of Educational Personnel4 620. Entry into agreement
630. Terms and provisions of agreement640. Designated state official to make contracts650. 'Filing and publishing of contracts r
hipter 25. Teachers Retirement'Article 3.. Teachers' Retirement System 54
010. Retirement system established 54020. Powers of the administrator 54022. Regulations . ,, 54030, Duties of the administrator 54035. Teachers' Retirement Board 55040. Membership 55
,045. Participation by National Education Association Employees 55050. Contributions by teachers 56.055. Supplemental contribution by a teacher 56060. Arrearage indebtedness 56061. Retroactive indebtedness 17062. Reinstatement iritiebtedr.ess, ..0654 Transmittal of ccintributions070.ContribUtionsby employer080. Contributionsly the state100. Credit for service in the armed forces110. Eligibility for service retirement115. Unused sick leave credit120. Manner of computing service retirement salary125. Conditional service retirement benefits130. Eligibility for disability retirement135. Deferred Retirement Benefit137. Deferred vested retirement benefit138. Notification of intention to retire . ..140. Manner of computing disability retirement salary142. .Cost of living allowance143. 'Post retirement pension adjustment145. Interest on individual accounts150. Refund upon termination160. Payment upon death of teacher162. Survivor's allowance164; Spouse's pension 65168. Medical benefits 66169., Duplicate benefits . 66170. Administration ., 66
.f..173. Adjustments 66177. Effect of amendments . . ,/ . . 66
.180. CustoilY and investment 66190. /kctuarial evaluations of the retirement fund 68200. /Exemption from taitation and process 68205. ,Time limit for application
-68
' 210. Penalty for false statements 68220.t Definition of terms
4747474848484849494949495050505353
54
I
575757575858585960601
6162*6262626363
6364
Chapter 30, I'upllsArticle 1. Comptilsory.Education
. 010. When attendance compulsory620. Violation
68
72727273
44.
030.045.047.050.
Article 2,065.070,120,125.
Article 3.180.186.191.231.250.260.270.280.285,305.330.340.,347.350.
Article 4.360.370.
Article 4.400.410.
1.
, Neon of violations and procedures ', . . .grounds for suspension or denial of adniissionAdmistion or readmission. when cause no longer existsTruantofficersPhysical Examinations .-SupervisionPhysical examination requiredCertificate of physical examinationImmunizationEducation for Exceptional Children,Purpose ..
Educational assessmentAdvisory committeeTeacher qualificationsException to qualific tionsSubstitutesPsychologist qualific ons ,Transfers of exceptional childrenChildren hospitalized or confined to their homesApplication foenrollmentWhen not required to enrollTransportation of ekeptionai children',Definitions
O
.-
. 737373747474 ,74
., 74
7475
. 75Coverage 75
757676
'
v
Health EducationCurriculumEvaluationBilingual- Bicultural EducationBilingualBicultural Education . . .BilingualBiculturalEducation Fund
' Chapter IS. Pupil SafetyArticle 1. School Safety Patrols r.
79................. _. . 79" - 79
80.80
7q-
) 76, 76
76 '77.77
.
76787879 .
7979
04: Requirements for school safety patrols '80020.. Organization ba patrol, , '080
' 030. Duties of a patrol 80040. Guidance for patrols . 80050. Cooperation witty law enforcement authorities , 4 80
... 80. .060. Immunity from liability.. , . -Chapter 35. Vocationaltducation ° 81
_010. Acceptance of Act"of Congress for vocational.education ..\.7,\s... .. 81020. Duties of State Board of Education, ..... . !-: . . . . . . . f 81,o025. Dutiel of the Department of Education -
81. 030. Commissioner of administration as custodian 51 ferierai funds . 81
Chapter XL Community schooll - . 82010. Purpose, Intent .. .. liA.. , ...--020. Community schools grant fund created; limitations on use 82030. Grants . '
040. Community school program, application for grants 82050. Application review, disposition - .. 83. '"`060. Technical assistance
.. 83..
070. Definitions -. -. 83Chapter 40. - Linjversity and Colleges .,, ... _ . . 84
. . .
Article 1. Establishment and organization . .. 8484010. University of Alaska
020/:Site of university . .... ... .. ... .... . 84030. Transfer of powers and duties of Agricultural College and i.... School of,Mines under Acts of Congress " 6 . ._,. ...... 84
. 040. General powers of the university . ...
050, Discrimination beCauskof sex, color nationality prohibited . 85060. University curriculum * . 85
" .470. Collection of fossil rernains autporizecr , . 85000, Establishment'of instils of reicine.sciertces ' 85
- 090 Corresdondinptcou lor,prosper4orsaind miners 1 ,.. . 85.100. College eZtension co.. . : ....: . .".. . ..: . (. . .ta ....... : . ,, . . . 85110.- Establistiment'of business, economics, and public administration ..
research program . : . . .., . . . s. r 85.
-911
4 -. .
vi
A <
115. Establishment of mineral industry research program I 85117. Establishment of Alaska Native language center 86
Article 2. Board of Regents and President .. 86120. University governed by Board of Regents 86130. Qualifications of regents 86
. -k
140: Term of office t 87:150. Appointment of regents . .. 87160. Board meetingspublic, meeting notice, public facilities . 87170. Duties of Board of,Regents . 87175. 'indemnification . 88180. Religious or partitan Instruction, tests arid appointments 88190. Report to legislature ' .- . 88200. ,Quorum 88210.4 Rowers of president of the university 88220. Duty of president to define duties and supervise appointees - , 88230. Powers pr regents to remove officers . , 88240: power of president to suspend anti expestudents 88250.. Regents to act as trustees and administe money or property
from sources other than' legislature or federal appropriation 88.260.' Expansion of courses r
( 89898989898990
, So.,. .. 90
270. Extension of complianceictsArticle 3. Property and FtMds
280. Endowments and donations290. Property and funds generally300. Creatiorrand appointment of comptroller310. Fiscal year ,
, 330.. Inventory of property340. Applicability of bid practices to University of Alaska350. Board of Regents authorized to lease lands 4 90360., Board of Regents authorized to select and to sell ort
_ lease lands granted by Act of Congress ... 90380. Assent of legisfeide to federal land and money grants .. 90390. Federal land grants to Agricultural Collegd and School of ..
Mines reaccepted for university . I' . . 90400. Fund for money from sale of lease oneands granted'by Act of Cmgrass .. . . 90410:" Federal grants of money to establish agriculturalmarisent statidns 91420. University designated as beneficiary under Hatch Act and
em4wered tb establish Agricultural Experiment Station 91'430. AcceAtance of federal apsiropdation_foragriculturatextension work 91440. University designated beneficiary of Smith-Lever Act tie
empowered to car,ry on agricultural-extension work '''' 91450. Gov.:Apar authorized to make certificates to obtain 'federalgrants of money 91
Aiticie 4. Scholarships for High School Graduates 91460: Students entittedto scholarship 91470. Alternate upon refusal of failurtto accept . 92 .480. Applications for and issuance. and report of certificates , 92490. Forfeiture of scholarship benefits' . 92 .500. Payment of,scholarships 92
Article 5, scholarships for Natives510.. Dose of sec., 510-550 of this chapteI 93!520. S larships . , 93530. Con uotion of scholarships ,- , 93540. Schola ips in addition to oth r scholarships' 93550 +Defipit len of Native ,--....
.93
Article 6. Community Collegect &4 94
560. Authority to cooperate 94570.. Authority of board ,. 0 94580. Use of joint, facilities . 94590. Director ; 94600. Rules and regulatto 946101' Disposition of Inc , - .. 95620._ SavIngs.clause , . 95630: Definition's ' . 95640 Short title .- . 95660.' Ratification; approval, d adherence 96: .
93
-et
1
67.0:' Tenns and provisions 'of act 96.< 680 'Exec'ution of ilompact by 'nor - . 99
,. ' . . .
(.. vii
. 't685. Provisions of services 99690. Members' of the commission 99-695. Administration , , 99
Article 8 Compact fdr Education ' 100+,, 700. Entry into compact " 100'
. - 710. Terms and provisions of compact Jib.. .. 100
. . 720. Execution of compact by governor . . 104730. Members of the commission . 105
. Article 9, Scholarship Lbans and Tuition Grants . 105 #
751. Loan and tuition funds created 105'.. .
--, 753. Financial aid committee 105. 755. Applications ' .f , ,, 106
._, 757. Administration of program 106,_ 759 Undergraduate loans 106 ..
761. Graduate loans . . ;:o6763. Conditions of loans ' 106
,765. Eligibility of students 107. .
107767. Selection criteria r
. . .769.. Discrimination prohibited 107771. Enforceability of certain contracts with 111111.013 - 107..... 776. Tuition grants 108
.. .., . . .781. Limitation on grants . . ... . .:- .... ... . . . , . , 108
o 786 Conditions of grants . , 109
:'N- 791: Eligibility of students. c. 109,
.794"-- Application and certification 1 *. 109- 806. Defipitioni 109,Articie 10. MernoVial Schotarship'Revolving Loan Fund 111
, . 810. Declaration of purpose ill920. Limits on, contlitions of ,bans
. . 825, Repaymenof loans, . 112
1 , 112,113 , -114114114
.115,1115 .115116 .
.
116117117117 I A117
.118
., - . , 1118118
. 118
830.- Selection ,835. DiscrinVnation pirohibited
. 840. Aaminaterinmuthority845. Funding
Article U. Alaska Commission on Ppstebndary Education901. Purpose, intent
. 90t Creation, composition, appointmt of members ..905. Officers .' , 4 , '.907. Meetings, rules, votes required 116909. Functions of the commission ,
911. Collection of data, .. 913. Executive officer and staff; administration ,
915. Compensation and pet diem ,
<917. Legt1 counsel919. Consortia , ..
Article f2. , Free Tuition and Fees for Dependents of Prisioners of war and'Those Missing in Acticer in $outheasi Asia .4
. 920. Pree tuition and fees at state-supported educational institutionsArticle 13. Alaika State Educational Incentive Grant Program
A930. Purpose: creation ,,- 7
935. Administration' - 1113
940. Distribution of funds 148945. Eligibility: prigrity . , 118
e950, Limitation on grants 119 .
' 955. 'Confidentiality of certain information ../ 119960. Definitions 1f9
Chapter 45. Private and Denominational Schools ,,, . .. 119020. Commissioner may furnish examination questions for and grant
diplomas to eighth grade pupils- ,,, 119030. Attendanceand annual reports required 119 .
Chapter 47. Regulation of Educational institutions (Repealed} 119
thapter 41 Regulation of Postsecondary Educational Institutions , 120'010i Purposes 4 i ,
'I120. ..
020. Authorization and permits 'required 120030. Exemptions : . . #' , . 121'040. Commission to administer chapter .. . 121
41
viii. ...
e050. Powers and duties of commission .121060. Minimum standards . 122070. Authorization td-operate 123
-. 080e Agent's permit . 124 i, 090. Fees 124
.
I100. Bonds 124
'1%0. Denial 125. 120. Relocation 125
130. Complaints « a ' 125 ...
.140. Judicial review 126150. Preservation of records . 126160. Enforceability of notes and contracts 126170. Jurisdiction . g . j . 127 .
. 180. Enforcement: Injunction ...1 ' 127. 190. Wiolationt CIA penalty . 127 - $200. Criminal violation 127210. Definitions 128
Chapter 50. Federal Aid 129.k:---/..1r 010. Acceptaje Of federal funds 129
020. Definition of public schools for purposes of Statehood Ac't ..,,129030. Declaration of intent .. 129
4 040. Expenditure of state and federal funds -fir teachers' salaries . . 129OW. Expenditure of state and federal for school construction 129. ...
4 060. Apportionment of federal aid granted without limitation as to use .130.
070. Use of line item appropriations for matching purposes 130.." . - 080:-8onsent to reasonable conditions .
. 130 . .- Chapter 52. Food Service and Abstrition Education .. 131010. findings
.. 131 .1
020. JoliCy: legislative intent .131
13203Q. Food serviee program for children established 1 32 4111
a 040. Federal aid; state matching : .-050. Nutritional and other program requirements, . - 132.060- [limit food assistance . 133..070. Apportionments and payments 134080. Use of funds ..
k"133
090. Nonfood assistance. . 134190: Itutrition education 134 -..110. State plans of operation 134 ..120. State, local administrative, supervision expebses 134 .130. Assistance to nonprofit'rivate schools/ 135
...140. Pilot operations i. , . 0 ix 135 .150. Accounts. records and reports . 135
yi 160. Evaluation. t 135170. Advisobt commission . 136 .t. .
b..180. Definitions , ... 136
390. Short title .. r. 4. 137r
Chapter 56. The State Library and Historical Library . .... '138Article 1. Library . - 138
cull. Department of education to govern library 't "_,138
020. Powers of department of education ./r 138030. Slate library duties . Wit ...
1040. Abplication for grant-in-aid .1:150. Payment of grant-in-aid
.. 1394 : 139
060. Limitation on grant-in-aid 139065. Public library constrfiction grants " 139
. a.
-080. Historical library duties ". .. '139 ...Article 2. State Publications Library Distribotionenter ,
% .' 140
090. State publications library distribt!tion center established 140.100. Duties of center 140
4 110. Regulations .... 140120. Deposit of publications .
- ,..- 140
4% 130. Other doiuments required of state agencies' .. 140140. List of publications 140. 4150. Depository library contracts 1401.60. Depository library designations .4. o ' . . 140170. Limitecklistribittion' of state publications 141
:10
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180. Definitions 141
' Article 3. Rural Community_ Libraries . $ 442200. Grants for constructing and equipping libraries 142
. 210. Application for grants 142220. Ownership of facility 142230. Regulations . . 142240. "Rural community" defintd 142
Article 4. Alaska Blue Book 143250. Alaska Blue Book 143260. Furnishing information 143270. Distribution 143F891 Regulations 4 ... 143
Definitions _, . 143. 2- Chapter 57. The State kitiseum
.144
010. The state museum - 144020. Museum Collections Advisory Committee .. 144
030. Officers; meitings% rules of procedure, quorum 144040. Compensation; per diem, travel expenses 145050:" Collections management; acquisitions and dispositions 145
,-- 060. Advisory duties . 1145. r070. Conflict of interest .. 145080.- Definitions . . 0 0 145
Chapter 58, Alaska Educatiffial Broadcisiing Commission , . 146010.. Creation of Alaska Public Bradcasting Commission" :. .... 146020. Membership and term of office -: , :
146030. Compensation and expenses ... . 146 ..040. Chairman . ..
z , 146-
050. Purpote of the commission 146060. Duties of the cordmisSiqn f. 146.,070. Powers of thetommission 147'080. Commercial broadcasting -. 147
- 090. Definitions , : . , %. ' 1'47 '
. ike -T. 148 .
'Chapter 60. General Provisions ,*010. Definitions
Miscallaneou. s Laws Relating to Education * .. . Title 4. Alcoholic Bbverages ,
\Chapter 15, Regulation of Sales and Distribution . 151.020. Restrictions on sale or disposition of liquor . II . 151
. . . 149
Title 9. Code of Civil Procedure
Chapter 6,5. Miscellaneous Provisions . 151090. Civil liability los emergency aid . 151
Title 11. Criminal Law..' .Sec. 11.26.590.. Injurjr to highway, public recreation facilities,
or highway signs ,.. . 15130.040. Bribery . 15230.050. Accepting Bribe . ' - . isg
il.: 30:0,3,. Public Official Defined c----:.......152
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Chepter 40. Cr nws Against Morality and Decency'...
152160. Display, sale; offer, distribtition, lending, or giving away of
objectionable conlic books prohibited170. 'Definitions of objectionable dornic books180. PenaltierfOr violatioref sec. 160 of this chapter .
210. Vagrancy
*Chapter 70. Firi Protection
080. -Regulations300. _Definition of 'Aiding
Title 11). 'Health Ind 5ifety
152152153153
Title 13. labor and WorkmentadipensationChiptet 15. Employment` Services . , "'
!trtiCie L-Vocational Rehabilitation .. . %
'010; Board of vocational rehabilitatioll.
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154
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020. Powerkandduties of board1r 030. Appointment of administrative officers
040. Division of Vocational Rehabilitation established ..050. 119ilector of vocational rehabilitation . .060. Agreements under Social Security Act070. Pers2nnel policies
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080. Eligibility for vocational rehabilitation service ,090. Priority as to eligibility100. Powers and duties -
-. 110. Extension of services outside state40. Cooperation with federal govern'ment130. Small businesses revolving.fund.150. Receipt and disbursement of funds .....`
160: Gifts T o
170. Maintenance not assignable180. Hearings ..190. Misuse of lists and records200. Limitation on political activity '*. 4/210. Definitions .. ..
Chapter 20. Mika Employment Security Act . eArticle 8. General Provisions
382. Benefits while-attending approved vocational training course520. Definitions526. Exclusions from definitions of employment .
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155
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156156
156
156. 156, 157
157157157
. 158158158158
-158° 158
.1 159' 159159159159
Title 24. Legislature.-..
... 05.040. Dual office' ..,. 160
° -16020.271. Powers and duties ..'- Article 4. Legislative Board of Retirement Benefits 160
1, 20,500. Legislative board of retirement benefits established Ai 160
20.53,* Compensation sr20.540. Duties ofthe board
. e *161
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20.510.. Meelbership . ....
20.520. Sertioe of membeiship .e eE ,
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20.560. Staff for the bOard - .. 161
/ ' Title 28. Motor Vehicles.*. 452504 Fees for registration of lobbyists 161
wChapter 15. Operators' LiCenaer
1* 162
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' 015. Medical examinations 162 I130. School buseriver's permit . .. 162 ,
. 360. Definitions 162*
. .1, Chapter 17. Commercial cilia*. Training Schools, . ..I. 162-010. Duty of commissioner of public safety to adopt regulations and.
. . to enforce chapter "162 .i.
080. Definitiont .., N 162.
. , . .'Aso Title 29. Muificipal Government a .-Article Z. Home Rale Limitations \ 163. 13.100. Limitation'of home rule powers 16$
. .. 25,540. Holding municipal office ; . .. 163Article 3.:,Education , 164- . ,
41.010...Powers of Third Class Boroughs .- 16441020. . Assembly #o serve as school board .43.030: Education
. Article 6. Miscellaneous Provisions . 165
. - 164,'
. \ /Bonded indebtedness for school r- -. 16558.$45. construction _ . ......
- ' 58.360. Bond guarantee fund 165
Chapter 68, Alteration of Boundaries020. AQnexatidn.of military reservations
.Titia35, Tublib Buildings, Works, anc1.142. j
10:015. Architectural barrier niguiations 166.,-15.080: Local controtof state pUblic %violet projects'' , 1.66.
5.090. Use of appropriated funds . i- . 167- 15.100. Responsibility of department .
s . .. 16715.110. Title to sitewnd completion of Object. \ 161
166'166
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15.120. Definitions 16727.020. *II requirements fdr public buildings and facilities 168
Title 3& Public Contract10.010. Employlent preference
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Title 37. PublicFinancele
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05.305. Applicability to University of Alaska 16905.320. Definitions . . 16907.120. Definitions , 16910.088. Department of Administratioauthorized to make advances to
. 1 the university 169 ,*, ...IArticie 3, Public School Fund ' 170
14.110. public 1chool fund established 170%
14.120. Public scliool fund advisor* board created 170.14.130. Powers and duties-of boards A 170
." 14.140. Fund utilization . 17014.150. Contributions , 170
. Zitle 38. Public Lands. ,.. .
05.030. ExceptiOns .. 171 ... 05.032. -Schootland disposition procedures . 171
05.070. Generally. (Leasing of lands other thah for the extraction. I
of natural resources.) STitle 39. Public Officers and Employees
171 .
Chapter 0E' Qualifications, Appointment and Tenute 172060. Appointment, qualffications. and teriiisof office ofirgembers of 1
." departmental boards, councils, or commissions ' . "' , 172,.. Mainly 25: s State Personnel Act .. . . . . .. . 172
110: Exempt *Mee ''''*--e; . 172 .
...50.020. Report of Financial and Business Interests 173 ,. 50.030. Contents of statement . 173. ,
. 174"50.035. Facemptions s,
. 50.040(a). 'Mad trusts - - . -- . -174 .4."
50.050k Admintstrititittatmlinspeitia. n. . :I: 1 114 ,. #
-."--70:061XPelifilly" for Willi ullitiriUof DIsclostrie- ReqUiremerrts- 174-.-50.070. Failure toReport by Department, Divisioy or Deputy Department Heads . 174
. ' 50.080. Fakir* to Report by a Commission or Board Chairman dr Member 174 1
' ' 50.090. Prohibited Acts r ' . 17556:11a, Report of Financ a roosts of Judicial Officers 178'50.126:'RepOrt of Financial kite ts of Legislators . . . . ' 11880.130. Report of Financial Intefests rroor and Lieutenant Governor '. . . . 175. ; ,50.145. Participation by Municipalities 175450.150. Initial Filing Date for Public Officials . 175 1
:- 0.200, 'Oefinitions .. 4176
Title 41". Public Resources..1 4: -
0 .. Article 3. Forest Reshurce Conservation 3s 177 ..
15.400. "Obseririii4of Arbor Day .-I' 177 .
rt.. w .. .Titte.43.-fievenire and Taxationl r
Article 2. Aid for Selonl construction ... .- ...... 178.
18.030. Local tax Wry reduction ''. : - 178. . 18.100. Slate aid for retirement°, school construction debt .. 17918.105_ public School Facilities Construction Advance Account 18018.110. Eligibility . : . .. . - . - . 180
(,. 18415. State jd - ',.
I ' ... . 180( - ,-
18.120. A"pplicetion.for"iid . .. 1,
k-.... .
, 180 : ...
. 1X125. Cbnditionfsof sate, aid a" 18018.130. Construction and Impleoptation . : 18118.135. Definitions- . i i . 181 . ..-- .
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Oheeter 46. School 1'int.. ........ ... . .... ".* .. . ........... 76...... . .' , .. lel. . . 010. Tax imposed. ... .. 181-. :
020. Persons exempt from tax . ., ' 181, 1 'Chapter. 50. Article 1. Cigarette Tax Act .. ..... ,.*. . . . . . . , . .. -........ : 181,
. .146. pisposition of- proceeds .. . . . 181
168
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. Title 44s StatefiovernmentChapter 09, AIM, Seat Flog and Emblems . $ ... $ . 182
090. State medal for heroism . , .° 182
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ChapterVOffioe of the Governor $ r Is 182.023. Management of State Museum
-1 s 118822Article 9F.. Involvement of Young People.in Government
779. Composition and chairman ... At. 182, . 182777. Establishment of commission
781. Compensatiori and per diem .. r- . 182781' Functions of' the commission .. 182
' .. 17.785. Governor's interns 183. 19.787. , Appointment to boards and commissions 183
Chaptar82. Administrative Proriedure Act 184.310. Agency meetings public k 184330. Application Of chapter r ..
Title 47. Welfare, Social Services.and institutions
. Chapter 10. Detinqyents and Wards of the Court070. Hearings . t ' .. .075.* Young adult advisory panels
Chapter 17, Child Protection. 010, Purpose
020. Persons required to report
Mina ?0; Exceptional Children
,184. .
185185185
185185185
187187187187.187
187 A
.183
188.188'18818$
...188188188
. 1891891891891891901901901901911$1191192
192192
005. Purpose010. Assistance arthorited020. Stendardi for assisrance050: Definitions
Cbappr $5. PrbraSq institutionsArticle 1, Foster Hires, Boirdirtg Homes and tnstltutions for Children
Chaister.80. Persons with handicaps . , sArticle 1. - Rights -... ,
010. Rights of persons with handicapsV .020.. Protection and advocacy of rights
Article 2. Governor's Council for thelAndicapied and Gifted .030. Governor's Council for the Handicapped an d.Gifted '
040. Compositioh ..... .. 050. Term of Wile;
060. Compensation, perdiem, and expenses .070. Officers and staff s .
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080. Bylaws %0,90. Responsibilities .
,Article 3. Programs and Plants' ...... . . . . . . . . . . :
-- 110. Program princip es100. Programs for with handicaps
- 120. Habilitation plans .- 130. Powers and duties Of the department- . :7
.... 140. Licensing and certificate's of need150, Liability for expenstof services . .160.'. Transportation170. Provisiori for personal neeifs.updh discharge
Article:IL GenSral Provisions, . .. . .. . ..,. "900,, Definitions ...
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The Constitution of the State 0 Maas,
Article VlfHealth, Education, and Welfare
Sectkon .1. Public Erfu The Legislature shall by general law establiskand maintain asystem of public schools open to all children of 'the State. and may provide for other publiceducational Institutions. Schools and institutions so established shall be free frpm sectarian control.No money shall be paid from. public funds for the direct benefit of any religious or other privateeducational institution.
AlaslcaStatutes
Title 44 State Government
Chatster 27. Department of Education
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Sec. 44.27.010. Board and Commissioner .of Education. There is at the head of t11.6_,
Department of Education a Board- of Education:The Commisiioner_of Education is the principalexecutive officer of the department. (Sec. 11 ch 64 SLA 1959;am Sec. 12 ch 96 SLA 1967) ..
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Set:44.21,020. liyities oitlepartrnent. The Department of Edispation shallti
(1) administer the state's program of education at the elementary and secondary levers....including programs of vocational education vocational rehabilitation, library services, anci...,correspondence courses; . .
(2) administer the historkaltibrary. ;!. .
(3) plan; finance and operate related school and educational activities and facilities. (SetII ch 6-4 SLA 1959; am Sec 77 ch 69I-A 070)
NOTE: TheState Museum was trans ferred to the Department of Education by Executive Order
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No. 34, 1974.
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ALASKA STATUTESe
Title 14. Education..s
Chapter 03. PublicrSchooli Generally. -
Section .
10. Establishment of school .system
20. School year30. School term'40. Day in session
O. School holidays '60. Elementary, junior 'high,and secondary schools
ciion70. School age80. /tee education83. tentracting_for services90. Settaria0 or denominational
didtrines prohibited100. Use orechool facilities130. .DiMplay of flag140. Emergency drills -.
Sec, 14.03.010. Establishment of school system. There is establishedin the state a system of pUblic ethoOls- co be administered and maintained asprovided in this
3(Sec. 1 ch 98 SLA 1966; am Sec. 1 ch 65 SLA 1972)
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Sec. 14.03.020. School year.. The school year begins on .the first dayof July and ends on the 30y dayday of June. (Sec. 1' th 98 SLA 1966)
Sec. 14.03,030. School term:6 school term begins and ends on the dates fixed by the governing body of the schogt
district. However. the term shall include not less than 180 days in session, except that, subject tothe approval of the commissioner, a day used for in-service training Of teachers may be substitutedfor a day in session, up to a maximum of 10 days. Theommitsioner may approve a school schediskadopted by a school board for a school term of less.thans 180 days in session sf the total hours..devoted. to instruction of pupils or to study periods for ttte pudils Under the schedule equal orexceed at least 680 hours, exclusive of intermissions and in-service training Of teachers, for the first.'second and third grades and at least 850 hours. exclusive of interrpissions and inservice training of.teachers. for all other grades. (am Sec l' ch 137 SLA 1976)
S00.14.03.044. Day in session..t
. Each day within the school term is a'cia), in session except 'Saturdays. Sundays. and daysdesignated' as holidays-W.0r according to sec. 50 of this chapter. A. school board may approveSaturdays as a day insession. 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 Ow. hours. exdusim of'intermissions, for all other grades. The commissioner may approve a shorter day in session fah' anygrade.. The periodof the day in session shall Be devoted to the instruction of pupils or to studyperipdf for the pupils. (ant Sec 2 ch 137 SLA 1976)
Sec. 14.03:050. School folidays. (a) Public schools shall not be iti.sessionon school holidays which are.Labor:Day, Thanksgiving, Day, the day immediatelyfollowing Tganksgiving.Day, ChrisimaS Day. New Years Day. Memorial Day, aidthe Fourth ofJuly, If one of these holidays falls on a Saturday. the Fridayimmediately precedingis a school holiday. If one of these holidays falls tin aSunday the Monday-immediately-following is a tithed holiday:. A teacher shall not,be required to peitorra employznimt services on these !holidays, nor may the salotyof a teacher litdiminished because:he does mot perfp employment services on aschool holiday;
(b) The puhlic schools shall- ke.tn-session aliothertholidaysfalling upon-, upon-school days and shall conduct appropriate exercises inrecbgtiition of Ehe day.
(b) .sibe:(te!."ealing body of theSchool district may declare additionalholidays, -(Sec.:VcR-99 SLA 1966) :
'Sec. 14.03.0604 .EleiriehtarY, junior highAild secondary schools.' -(a)* An,
elements* scheel.cotisists of grades kindergarten through grade eight or anyaPprOpriate combination bf)pladnn within this range. ,
.(b). A decondary'schooLconSisstssof grades seven'through 12 or any aPP10-.priate.combina,tion of. grideuwithin;thicrangs, Ihe establishment of one or twogrades:befond the 124 grade *optional lath-the governingbody,of the school
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district. . f4;, ;Goracies,seyin through eight, nine, and ten or
lion of grades witiiiiithie range maybe organized as a j
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. 'this section does not prevent a high schoola4sitident'who hascompleted the 12th grade. (Sec. 1 c
-Itor-IA:03.076..-SchooLaze. &Auld who is s-cdralsbi years of age before November 2 folloviing' , and who is under the agef 20 and has net cssool age. (Sec. 1 ch 98 SLA 1966)
approfriate coinbina-or high school.
issuing a diploma to98 SI1A1966)
years of agetoriwhoe beginning of the chool ".le-ed the 12th grade, is of
* Sec. 14.03.080. Free education. (a) child of school age.is eniitledto, attend- public school withqut payment of tion during the school term inthe. school district in which he is a resin =,t subject to the provisions ofAS 14.14.110 and AS 14.14.120, (am Sec. 1 cit 64 SLA 1972)
(b) A person over school age may be dmitted to the public school in theschocl district in which he is a re t at e discretion of the governing body ofthe school district. A person ove school e may be charged tuition by thegoverning body of the school die ct,
(c) A childunder school age mq admitted to the public school in the 'scliool district of which he is a resident = t the discretion of the governing body ofthe school district if the child meets um standards prescribed .by the boardevidencing tiiat the child has tile men , physical and emotional capacity to per-form satisfactorily for the educatio program being offered,
(d) A child who is five years o ageor who will become five years of agebefore November 2 following the be ' of the schoolyear,, and who is underschool age, may enter a pudic school ergarten. c
(e) A child under school age 4hall he admitted to a school in -the district ofwhich he is a resident if immediate) before he beciillie &resident of the district,he was legally enrolled in the public s of another district or state. (Sec 1 ch 98SEA 1966; km Secich 64 SEA 1972)
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Sec.. 14.03 083. Contract for services. (a) A 'school district maycontract for .educational servic provided to students in the district by anagency which is accredited by t Department of Education. under AS 14.07.020and: (b) of this seo;ion., "1
(b) The Departure of Ed.* program standards for educed')
achbol district.
1(e) Expenses inCirred%prograzasliall be borne by the'61.A 1973) . ,
14.03:090. Sectarian '3i-denominational doctrines No par-tisan, sectarian, or denounce 'doctrines may be advocated 'in a schoolduring the hburn,theschool is Session.- WA:either Ot school board violating ,thinSealionitiay receive Pnblic oney, (Sec.1 ch 98 5/4.1966P
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cation shall adopt regulations and establishservitee which may be contracted for by aI
the department in accrediting the agency andseedy seeking accreditation., (Sec. 3. ch49
hibited.
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Sac. -14.03.100. Use Of school-facilities. The governing body of a school district Ran) allowthe use of school facilities for any legal gathering or assemblies. The governing body shall adoptbylaws that will-insure reasonable and imparlial use of the facilities. (Sec. 1 ch 98 l. }966)
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. Sec. 14.03.130. trispliy oflag. United States and Alaska flags shall be displayed upon ornear each principal school building during school hours and at other times the governing body
-=considets.proper. (Sec..1 ch 98SL.9.1966) .
14.03.140: Emergency drills.. The principal or other persons in charge of each publicOf ate ool or ed0cational institutidn shall instruct and train pupils by means of drills si)that in emergency they may be able to leave the school building in the shortest possible timewithout confusion pr panic. Drills shall be held at least once each month during the school term.weather permitting. (Ser.. 1 th 98 StA.1966)
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Article.4- .1, Delletnient of Education, (Sec. 14.07.010 14.07.070)
)?.StateEloard of Educationand Commissioner of Educationli( ;,: / (Sec. 14.07.075 14.07.170) te
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Chapter 07. Administration of Public,Schools
Articleion
gepartment of Education. Duties of the department
0130. Powers of thi'department, '40. Repealed
A* 50. Selection of textbooks52. Repealed
1, Department of Education. Section
53- Alaska School Activities Association54. Alaska School Activities Fund55. Repealed57. Transmittal selections e60. Promulgation of eagulations70, Withholding state funds
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Sec. 14.07.010. Depaitment of Education. The Department of Education includes the /commissioner of education, the slate Board of Education, and the staff necessary to carry out thefunctions of the department, (Sec. 1 ch 98 SIA 1966)
Sen. 14.07.020. Duties of the department. Thb deptimenIthall
(1) exercise dieneral supervision ovet the public schools of the state .except theUniversity of Alaska; -.el
(2) stir.* the conditions. and' needs of the public schools.of the state and adopt.,arrecommend plans for the improvement of the public schoolfl . .
1- 1.(3) provide advisory end consultative sarvices to all public school goViuning bodies and
personnel; . ,,x. . ... - -
(4) prescribe by regulation a minimum course of study for_the public sr.hdols;t - - ....V.-
45) establish, in coordination with. the Department of Health and Social Services, aprogram forthe. continuing, education of children who are held in detention facilities in the Stateduring the period of detention; , -7 . . -I qt(6) accredit those public schools which meet accreditation standards prescribed byregulatipn by the deparr; these regulations shall be adopted by the department and presentedto the legislature during e first 10 days of any regular session, and become effective 45 days atter
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presentation or at end of the session, whicheier is earlier, unless disapproveceby a resolutionconcurred in by a m rity of the members of each house; (am Sec 1 ch 126 SLA 1978)
. -0,.... (7) _prescribe by regulation, after consultation with the Department of Health and SocialServices, standards that will assure healthful and.safe conditions in the public and private schools ofthe state; the standards for private schools may not be more stringent than those for public schools;(am Sec 2 ch 126iLA 1978) . 1
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.(8) in cooperation with the Department of Health and Social Services, exercise general
supervision over public and private preelemeptary schools and over the educational component ofnurseries at. defined in AS 47.35.080(4); preelemeptary schoolsln this paragraph means schools forchildren ages three through five years when the schools! primary function iveducational:
(9) provide accredited elementary ,and secondary correspondence study programsavailable to any Alaskan through a centralized office of correspondence study.
f:,-(Sec. 1 ch 98 SLA 1966; am Sic. 2",ch 69 SLA 1971; am Sec. 6 ch 4b4 SLA 1971; am Sec; 1 ch 190SLA 1975; am Sec. 6 cb 50 SLA 1977) . _.
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(10) review plans for construction of new public elementary and secondary schools andf or additions to and mgicerehabilitation'ol existing public elementary and secondary schools and, onaccordance, with regulations adopted by the department, determine -the extent of eligibility for state.aid of a school construction project begtdlafter the effective date of this act; for purposes of thisparagraph, a "plan" includes education f specifications, schematic designs; and final contractdocuments. .
(14 accredit private elementary and secondaryd seconda schools which request accreditation and'which meet accreditation ktandardi-Prescribed by regtitation by the department.
. (ain,Sec 3,ch126'SLA 1978)
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Sec. 14.07.030. Powers of the department. The department may(1) estal blish, maintain, govern, operate, discontinue, and combine area.-regional. and
special schools;
(2), (3) add (4) Repealed Sec. I ch 205 SLA 1970.- (5) enter into contractual agreements with the Bureau of Indian Affairs or with a school
district to share boarding.costs of secondary school students;(6) provide for citizenship night schools when and wherrexpedieot;(7) provide for the sale or other dispcidtion of abandoned or obsolete buildings and
other state-owned school property;(8) prescribe a classification lot items of expense of school districts;(9) acquire and transfer per'sonal property, acquire real property, and transfer real
property to federal agencies; state agencies, or to political subdivisions;
(/0) enter into contractual agrebments with school districts to provide more efficient oreconomical educational services;
(11) provide for the issuance of eiemerkta'rpi andttecorldary4iplomas to persons not inschool who have completed the equivalenh an eighth or twelfth grade education,respectively. in accotdancewith'standards establishecl,by:the department;
112) exercise disapproval power wider AS 14.4.100. (Seci ch 98 SLA.1966. am Sec 1ch 66 SLA 1968; am Sec 2, 3, 4 ch 46SLA 1970; am'Sec. 1 ch 161 SLA 1975)
Sec. 14.07.040. Repealed. (Sec 34 Ch 46 SLA 1970)
Seq. 14.6.050. Selection of textbooks. #
(a) Textbooks for use in the public schools of the state shall be selected by district boards for. di trict schools and by a State Schools Textbook Committee appointed by the director for state
cols. Selections of the State Schools Textbook Committee shall- be submitted to the Board ofDi ectors for State-Operated Schools for,approvai or rejection.
(b) Hoivever, a district may 'elect to adoptsthe selection of the State Schools TextbookCO mitts,. (Sec 1 ch 98 RA 1966; armSec 96 SLA 1970; am Sec 2 ch 205 SLA 1970)
, Sec. 14.07.052 Repealed. (Sec 2 ch 96 SLA 1970)ti
. ..See. 14.07.053. Alaska School Activities Association.
(a) There is created within the Department of Education the Alaska School ActivitiesAssociation.
(b) The purposes of the association are, to provide for the efficient governing ofinterscholastic activities through the promotion of those activities and other interschoolcontests or programs sanctioned by the association and to assist in the promotion of thoseother activites and interests as it may from time to time elect. .
(c) A public or private school or school district in the state may become a member ofthe. association if it applies for membership. The Department of Education shall, makeapplications available to all pu blic or private schools or school districts in the state..
(d) The goveining body of theassociation ball be the board of control with at Idast onemember from each judicial district on the board df control. A -member of the board shall beelected from each regional. activities association by the members of that region: The term ofoffice for each member is two years, except that one-half °Ulla Members elected to the firstelected board. shall be elected for one-year terms under regulations prescribed by the
.-- coin mlisioner of education:(e) -The board in consultation ,with the Department of Education shall appoint ari
executive secretary, preitribe his duties and fix his compensation. He 4hall serve at the pleasureof the board.
(f) The- board of control of the existing Alaska High Scliool Activities Assciciation inoffiCe on the effective date of this Act shall serve as the initial board of control for no longerthan six months. . . fr -
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0) The Department of Education shall approve the association's constitution and.' bylaws to ensure that all regions of the state are treated on a equitable.basis and .in the best
interests of the state. ( Sec 1 ch.128 SLA 1975) ..
'14.07.054: Alaska School Activities F.und., .. ,
(a) The Alaska school activitiesfund is established withinthe Department of Education.(b) The commissioner of education shall review the budget request of the Alaska School
Activities Association and request 4 sun he approves that. is equitable to All regions of theState.
(c); School districts and member schools 'of the Alaska School Activities. Associationmay appio-Priate money to the-fund. ( ,,Sec 1 of 128 SLA.L974)
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Sec. 14.07.055. Repealed: (Sec 19 Ch 53 SLA 197 .Sec. 14.07.057. Transinittal Weak:ins. A schoo board which selects its own books shall ."
forward a list, of the selections to the depprtment. (Sec 1 h'98 SLA 1966)
Sec. 14.07,060.' Promulgation of reguldtions. The 'rd shall promulgate regulations whichare necessary to carry out the provisions of this title. All regulations shall be promulgated under theAdministrative Procedure Act (AS 44.62). (Sec 1 ch 9$ SLA 66; am Sec 8 ch 96 SLA 1967)
Sec. 14.07.070. Withholding state funds. No state fun s may be pala to a schOol district orteacher who fails to' comply with the school lawS of the sta or with the regulations promulgated :by the department: (Sec I ch 98 SLA1966)
Article 2, State Board onduattionnd Commissioner of Educition.Section
75. Creation -80. Repealed ,85. Appointment of members90. Repealed95. Term of office
100, Repealed105. Quorum and chairmak3.10. Repealed115. Removal120. Repealed
Sectioni125. Meetings130. Repealed.135. Legal assistance140. Repealed145. Commissioner of education150. Budget.and fiscal authority.155. Limitationson board160. .Prescription of bylaws .170. Additional powers of board
. Sec. 14.07,475. Creation, There is created at the head of the Department of Education aBoard of Education consisting of seven members. (Sec 1 ch V6 SLA 1967)
Sec. 14.07480. Repealed. (Sec 14 ch 96 SLA 1967)
Sec. 14.07.08k Appointment of 'Inentbers., (a) The seven members of the board. no. morethan four of wholl be members of the same Political party is`the governor, shall be appointedby the governor, subject to confirmation by a majority of the members of the legislature in jointsession. in appointing board members, the governor shall consider recommendations made byrecognized educational associations in the state.
(b) One member shall be appointed from each of the four judicial districts and three from thestate at large with at Watt one member representing stateoperated rural schools.
(c) The members are,entitled to the expenses, tsaitel, and per diem allowances provided bylaw.
(d)-- A member may act and receive' compensation from his appointment until hisconfirmation or rejection by the legislature. (Sec 1 ch 96 SLA 1967)
'Sec. 14.07.090, Repealed. (Sec 14 ch 96 S LA 1967)
Sec. 1447.095.. Term of office. The members of the board shall be appointed foroverlapping five-year terms commencing February 1 of the year of appointment. A memberappointed .to fill a vacancy serves for the unexpired term,pf -the member he succeeds. A vacancy.occurring during a term of office is filled in the same manner as the.original appointment.
Sec. 14.07.100. Repealed, (Sec 14th 96SLA 1967)
Sec. 14.07.105, Quorum and chairman. ($) Four members constitute a quoruni.
(b) The.board shall designate one member of the'bterd as the cifairman who serves aschairman of the board at the Measure of the board. (Sec 1 ch 96 SLA 1967)
Sec. 14.07.110.. Repealed. (Sec 14 ch 96 SLA 1967). .
Sec. 14.07.115. Removal. Members of tie board serve at the pleasure of the goverrior.(tec.1 ch 96 SLA 1967)
Sec. ,14.07.120. Repealed. (Sec 14 ch 96SLA 1967) r.
Sec. 14.07:125. Meetings. The board shall meat at least quarterly. Meetings may be called -by'the chairman or by a majority of the members of the board. Meetings shall be held in Juneau unlessalnajority of the members of the board changes the place of a meeting. (Sec 1 ch 96-SLA.1967)
.Sec, 14.07.130; :Reeealed.: (Sec 14 cfr 96 SLA 1967)
t
a
Sec..14.07.135. Legal assistance. 'The Department of Law shall provide all legal services for .the boatel. (Seel ch 96 ;LA 1967) .. . .
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Se'4,14.07.140. Repealed. (Sec 14 c 6 96 SL A'1967)k 196'
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. Sec. .14.07..145. Commissioner of e'ducation. (a) The board'shpliji '
appoint the commissioner of, education subject - -to the approval cif,..firt dd
governor.. The commissioner shalla,be the principal, executive offliceglifthe department. . .. :',.
.
(b) The commissioner shall be appointed without regartto poritial -
affiliation and shall have at least a master's degreeWith fi4p.years'- r,
,experience in the field of education Once 't.Aeliiving it, with Vi least.three of the five years in an exclusiVely_administrativepotfition% -
:4c) 'The commissioner may be appointed by the,board-for a tera4office not to exceed fiveyears. He may be"remoded during hid tooffice by, four members of the board for cause as defined in this
(d) In this section, "cause" is defined as
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(1) incompetency which is the inatiftty or the untatehtfonalmA'or intentional.fallure to perform the dutiesof the commissioner; -
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(2) immorality'which is.the commisskon of an act whlch, kinder -the laws of the state, constitutes a crime, Inv:Jiving morarturditudel or
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4)) malfeasance or misfeasance in office which includes, but is 6.not limitedto, the failure of the commissioner to-comply with the-rules 4,
0 regulations adopted by the boerd. t ? ., '4
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(e) The commissioner shall receive.thesalary set out rirAt 3/$vosdi.
. , ( 1-<I X
(f) The'COmmiisioner shall employ ap4remove,ail classified persondel .
in the departhent subjectto the State Personnel Act (AS 39.25). 'He mayemploy and tepove personnel in the exempt, or partially exempt,senviice,sub- 4Je.ct to .the approval of the board. Personnel'in..the exempt or.pertialle
exempt. service have a right of-appeal. to the board If they are.remeved.(Sec. i ch 96 SLA 1967) , - 4.
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Sec. 14:07.150:' Budget and fiscarauthority. The Coliraissionet his 1
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responsibility and authority forand for the other fiscal affairsof the board. (Sec. 1, ch 98 SI.A
Sec. 14.07.155. Limitations on board. No member Of the boird: raw be,a candidate for partisan political office while serving as,a4mem4hr df th& .
board. (Sec. 3 ch'96 SLA 1967)
the preparation and execution pf a budgetofthe deparAmint, subject to the eipavtir1966; am Sec: 2 ch 9b' SLA 19,67) :.
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Sec. 14.07.140. Prescription of bylaws, (a) The hoard may adopt'.bylaws for the management of the department. J. .,-
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(b) The ylaws shall be.written:and distributed in a,mannertdo aS'OD':be readily ova fable to o.. ef the departmnt. , -
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(c) This section shall not be construed to allow the use o> prither'than'a regulation where ihi.subject is of state(vide'Llmpbrience7.6t< 't
Chterest. (Sac. i ch 98 SLA 1966; am-Sec. 4:dh 96 SLA 1967;:askSer..-7r:4 44 1 4 ..,
ch 46 SLA 1970iamSec3ch205 SLAI970)...
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ed.leo. 14.07.170; Addllionai powers of board, Thtbeard say
(1) appoint unpaid advisory coliaistions;* .
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(2) re4uireschool boards or school perAonearlesabOt to thedepartment, in the form the'board may require, the.districkhudg00,Ay '
'information or'. reports Which era reasonably necessary to. assist the-depast-ment'In taming out its functions. (Sec: 1 ch 98 sta1960m We.;
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s . V.*A:
9CHAPTER 8. EDUCATION IN THE UNORGANIZED BOROUGH.
section 81. Recall
10. Repealed 91. AdministrationIL Purpose 101. Powers,
21. Authority III. Duties
121. Funding
131. 'Conflict of interest;
Disqualification from Voting
51. School Board Sections. .141. Regional Resource Csters
31. Regional Educational Attendance ithas
41. Regional School Boards
61. Term of Office
71, Elections
Sec, 14.08,010. Repealed, (Sec 1 ch 124 SLA 1975)
/151. Land and Buildings
161: School constarawin; repair. andimprovement
170. Repealed
Sem 14.08.011. Pg.rpoe. (a) it is the purpose of this chapter to provide for pubeducation in the unorganized borough and the military reservations in the state.
(b) Nothing in this chapte prohibits an organized borough, citr, village,settlement in an unorganized area the state from becoming part of dr ,being forganized political subdivision authorized under A.S.29: (Sec 2 ch 124 SLA 1975)
Sec. 14.08.021. Authority. The legislature delegates to school boards for each regionaleclucatidnal attendance area the authority to operate the public schools in those areas in accordancewith the provisions of -this chapterkbject to the provisioni of this title and the regulationsepmulgated undpr it that aisply to al ool districts in the state.
Sec. 14.08.031. Regional Educational Attendance Areas. (a) The Department of Community'and Regional Affairs in consoltationiith the Department of Education andlocal communities shalldivide the unorganized" borou gh into educational service areas using the boundaries orsubboundaries of the regional.corporations established under the Alaska Native Claims SettlementAct, unless by referendOr a community votes to merge with another community contiguous toltbut within the boundariellor ssibbouriclaries of another regional corporation.
(b) An educational service area established In the ustanized borough under (a) of thissection constitutes a regional educittodat attendance area. far as practicable, each regionaleducational attendance area shalt contain an integrated socio-economic, Ileguistically and cultuzallyhomogeneous area.' Irg the forbtation of the regional. educational attendance areas. considerationshall be given to the Dansportation and communication network to facilitate the administration ofeducation and communication lietween communities that comprise the area.
munity ored into an
Whenever possible, municipalities, other g e mental or regional corporate entities,-drainage basins.
and other identifiable geographic feature iI be used n describing the 'boundaries of the regionalschool attendance-areas. - : .
,. . .. . . . ,
(C) Military reservation school's shalt be included ina regional. educational affandance area.Howehr, operation of military reservation schools by a city or borough school distrit may berequired by thelleparbscent under At 14.12:020(a)and AS 14:14110, Where the operation of themilitary resenration schools, in'a regional eduCational attendance area by a city or borough schooldistrict Is required by the department. the.military reservation shalt not be considered part of theregional, educational attendance area for the purposes of 'regional school board membership .orelections, , .. .. .
.,(4) U. S.
boundary.of Indian Affairs schools shall be included in a .regional education _
attendance area boundary.. (Sec 2 6'124-St:A 197s) .
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SO. 1448.041; Regignill ,School EleOrdk (a):A.reiffusit educational, attendance area shall be-operated on -an areawide basis under the minerment and control of cregional school board.
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.(b) The qUalified voters of the communities receiving educational services din each regional
educational attendance area shall elect a regional school board of not less than five nor more thaneleven members to be. elected for the same term, in the same manner and with the -samequalifications as a city or borough school district board under ch. 12 of this title. The initial number6f regional school board members shall be determined by the department in consultation with thelocal communities In the regional educational attendance areas. However, the qualified voters in 'aregional educational attendance area may increase or decrease thefflumber of regional school boardmombers established under this section by placing the question on the ballot at a regular schoolboard election.in the manner prescribect 6y law. A change in the number of school board membersshall not be effective until the next regular school board election.
. (c) a regional school board shall 'insist of five, seven, nine or 11 members.
(d) Regional school board members "shah be elected at large by the qualified voters of thecommunities receiving educational services in the entire regional educational attendance areaHowever, each seat on the school board shall be designated by letter or number, and a candidate forregional school board' must indicate the seat for which he is a candidate on hi declaration ofcandidacy or other nomination papers when he files for office.
(e) A vacancy on a regional school board shall be filled in accordance with AS 14.11470..
(Sec 2 ch 124 SLA 197S)
4.1 , Sec. 14.08.050. Repealed. (Sec 1 ch 124 SLA f97S)
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Sec. 14.08.051. School Board Sections. (a) The commissioner in consultation with theDepartment of Community and Regional Affairs and the local communities may divide a regionaleducational attendance atria into sections only forthe purpose of nominating and electing regionalschool board 'members. Ita regional educational attendance area is divided into sections each schoolboard member shall represent, as nearly as practicable, an equal number of persons. The basis forthe division of a regional educational- attendance area into sections shall be the total population ofthe area as reported in the most recent clecennial federal census. If the census is five years old orolder, then other reliable population data, including but not limited to population estimates basedon public school enrollments, public utility conhections, registered voters or certified employmentP ayrolls, shall be used as the basis for the division of the arias 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 attendance area into -sections,consideration shall be given to the transportation and communication network to -facilitateadministration of education and commmication between communities that comprise the a.INheneter possible, municipalities, other governmental or regional corporate entities, drainage basinsand other identifiable geographic features shall be used in describing the boundaries of the sections.
4
(b) 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
containing signatures.of qualified voters in the area equal to tSper cent of the total vote cast in-themost recent regional school board election, The division of tie area into sections: orsubsequentrecasting of section boundaries, is subject to approval by a majority of the qualified voters voting onthe question in the regional eduiational attendance area at the next regular school board election ora special election called for that purpose, and takes effect The next regular school board election.
(c) if areglonal educational attendance area hasbeen divided into sections, the commissionershall .recast the boundaries of the sections within 90. days following the official ?sporting of thedecennial federal census in accordance with (a) of this section.
'(d) Multi-member sections may be created. However,
(1) the commissioner shall designate each' seat within a multi-member section by letteror number, and a Candidate for regional school Ward within that section must indicate the seat forwhich he is a candidate on his declaration of candidacy or other nomination papers when he filesfor office; and
(2) no section may be reoresehted by more than.
(A) three members, If aboard consists of fir members;
(B) four members, if a board consists of seven members:4
(C) five members, If a board consists of nine members: or
(0) six member's, if a board consists of 11 members.
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(e) If a regional educational attendance area has been divided into,sections, board membersshall be residents of the section from which they are elected, but they shall be elected by theQualified voters of the entire regional educational attendance area. (Sec 2 di 124 SLA 1975)
Sec. 14.08.060 Repealed. (Sec 1 di 124 SL A 1975)
Sec. 14.08061. Term of office, (i) Members elected to a regional school board shall serve-
staggered three-year terms. However.
- . (1) the term of office of all of thentembers of a regional school board elected from the., same multi-member section may not expire at the same time: and
-4- (2) for the first board electeda the term of officeof each member.shalt be determined by, .lot. according to the following schedule: . . .
, ;(A) the members of the first fivemember schdol board shall hold office for terns
as fqllows: one member for a one-year term; two for a two-year term and two for a three-yearterm; `" -'
(B) the members of the first seven-member school board hold office for terms asfollows: two members foi a one-year term, two for a two-year term and three for a thrieifeiri.term: ' ,,
. . .(C) the members of the: first nine-member school board hold office for terms as
Isfollows: three for a one-year term:Ihrevfor a tvibyear term and three fora three-year term:
(D) the members of the first -11-member school booed hold office for terms asfollows: three for a one-year term, four for a two-year term and four for a three-Year term.. ,
. ? .(b) if a regional educational attendance area is .divided into sections under sec. 51 of this
chapter where the school board formerly*was elected at,large, or if the number of regional schoolboard members is increased or decreased by The qualified voters in the regional educational ,attendance area undliec. 41(b) of this chapter, the term of. office of all members of the existing
- board shall terminal on the date on which the new board members take office, and the provisionsof (a) of this section are applicable to the determination of they terms of office of the hew membersof the regional school boards: .
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(c)° Nothing in this tion precludes a board member from being reelected. . (See 2ch 1241
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tec ch 39$11A 1978): "Z., 1
it) The, cost-of each..re0offillischocihboarc,election.. or recall electiOn under W. 81 of this' ,-ctill'er. shall be P.TPO by 016;!Oift1W2 chli.4"gtiv19* ,
SIA 197.6),
- Sec. 14.08.070. Repealed. (Sec 1 ch 124 SLA 1976)-
Seg. 14.08.071. Elections.: educationalelittendance area in theunorganized, borough,thelieutenanOCiveltior,-within ,not less than 60, orynore than 90 days after
140 tabliihment of 'the-regional laiicatinnal%attendance.area, shall provide' or the election of are onal-school board:
(b) Except fo.c the first election of regional School board members under. (a) of this section:-lectidif-shall be held annually on the firstiTuesday in October. Elections shall bsuperilised by theerector of elections in the of fice.of the:lieutenant governor, but shall be administered within
second class cities as part of the. regular -municipal .election: The lieutenant governor shallproreulgate regulations -for the conduct of the election of Lregionel school board memberscomparable, as far as" practicable; to-thosprescribed-forelectiO of school board members underch. 12 of this title and AS 29.28 except that the majorityliAowequiremeritsof AS.29.28.0401shall not apply tor nor may the regulations require, unoff elections for, the first election of regionalschool board members under (a),C4,)hii section cir,;(1 a school-board by resolution so requests, tosubsequent elections In thd regional educational attertdance area served by that school board.
A.Sec. 14,08.080: 'Remark:I .1(ec 1-0-44 S14:1976): - 4 -/
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Sec. 14.08.0811 Recall. The. Members- of a regional: school board are subject to recall inaccordance with -: AS :29.2S.1,904a, 1.9111450, except 'AM, the commissioner of education _Shallperform the functiOqs of, a Rti?Ricinikilerls. artd-the-state Board of Education shall perform the
. -funt was o f liraisenillijr,:lu,cciuniitiliitiel thbie sections. (Sec -2 cfr lit'S LA.4975)
,$ec.-44.96:090:7,-ilietie, alect.CAS, .10Ich 441*-A 1975) . . ;-, .
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.1408.091: Atirni B. (a) ihe regional school boards shall be organized in,
. aocordancb with AS 1434.070, and, before taking office, each school board memberlifill fake and' : sign %Oath or affinnatimiprescribed by,A,9.14.12.090.
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*1 . (b) The officer of the board, responAle. for the. custody-of regional education attendancea area funds gall execute a WI! of 1150,000 irsith.the commissioner. (Sec 2 ch 124 SLA 1975)
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.qr.
Sec.14.08.100, Repealed. (Sec. 1 ch 124 SLA 1975)
Sec. 14.08.101. Powers. A regional school board may
11) sue andire sued;
(2) contract with the departinent, the Bureau of Indian Affairs, or any other school_district. agency, or regional board fo{ the provision of services, facilities, supplies or utilities; k
- Adetermine its own fiscal procedures including but not limited to -policiet and
procedures for the purchase of supplies and equipment; the regional school boards are exempt fromthe Fiscal Procedures Act (A537.05);
(4) appoint, compensate and otherwise control all school employees. in accordancewith this title; thenremployees are not subject to the state personnel Oct (AS39.2d);
(8),adopt regulations governing organization, policies and procedures fqr the operationof theschools:
(6) 'establish maintain, operate, discontinue and combine schools subject to thappro
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vat of the commissioner; ...: ..
(7) recommend to the commissioner a sehool, construction and rehabelitation,program'based on an evaluation of the condition of existing school facilities and a determination of the: .
. requirements for new school construction, rehabilitation or other upgrading of school facifflies,and provide for the construction and rehabilitation, or other, upgrading of scifooi facilities %herr'grants are made to it .by the Department of Public-Works ender Sec. 161 7;f- this chapter; and
s ... * 'k,-(am Sec. 2 ch 57 SLA 1976) - ; .
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of exercise those, tither functions that may be necessary for the proper performance -o i responsibilities. (Sec. 2 ch 124 SLA 1975) .
.. , a. ' ". . . .
(9) by resolution adopted' by a ntiforiti of all the Members of the board and providedto the commissioner or the department, assume ownership of all land and buildingi used in relationto4tre schools in the regional educational attendants area.- (am Sec 1 ch 147 SLA 1978)
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: Sec. 14.08.110. Repealed. (Sec. 1 ch 124 SLA 1975)' N.--1. .5. 0, .
. As,. 14.99;111. Duties. A reglogalriool boerdshall: ...
. (1) provide, during the scliool term of each yeai.lan edicational. program for eachschool age child who is a resident of the district: '' .
f(2) .develop a Philosoihrof education, principles and goals for its schools;
At.. . a
: - . (3) employ .ii chief sehoo3 administrotor" and approve the employment of -the pre-fissional adminlitratorS, teachers and rionobrtificata personnel-necessary to operate its schools:-, .
(4) establish the salaries tote Paid its am '
. (5) designet; the employees authOrtzed to direct disbursements from the school fundsoft° b9atd;,,,
.(6) ^sutxriit the reports prescribedribed for all schs;oldistricts;
: .(7), -provide for an annual audit in accordance with AS 14.14.050; and
(8) provide, custodial Services 'Ad roe,maiatenance of school buildingi and facill-4 ties. !Sec.; ch -124 SLA 4975) . b . . , .., - , . . ....,, 4 _. . ,.. ..,..,
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. Sec. 14.08.1207 Repealed, (Sec. 1 ch 124 SLA 1975) , .. , . - .
Sec. 14:08.121. Funding. (g). The legislature stall fund the operational costs of the regional.. pducational attendance area schools¢ in the,following manner: , ;
0
(1) thearndunt ,of b ic need as tlefrned in AS 14.17.021(b), seduced by deducting,..
to the maximum. extent. permitted under Sec. 5(d) (2) of 81:874, as amended, (29U.S.C.$4Q(d) and the regulations adopted under It (46-C:F.R. 415.60 - 115.6,). the amount of the regionaleducatidnal attendance area's . entitle n to federal financial assistance underp.L. .81.874. asamended, (20 U.S.C. 236 .244) for the rior fiscal year:" and
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.r..(2) an additional. amount equal to the average local Contributions per pupil in
averandlgy memberthip (ADM) for school operating costs in the city and borough school diltricts.In the prior fiscal pear.
(am SeC. 1 ch 90SLA 1977)
(b) Funds for the operation of the regional educational attendance, area schools shall beappropriated. annually to the Department of Education for distribution to the regional schoolboards in the manner prescribed in AS 14.17.180. (Sec. 2 ch 124 SLA t975) .
.Sec, 14.08.130. Repealed (Sec. 1 ch 124 SLA 1975)
Sec. '14.08.131. Conflict of InterestfDisqualifibation from Voting. A board member hivinga direct or indirect pecuniary interest in a contrail for erection of buildings.lieating, veptilation,furnishing or repairing the buildings or in a contract for the furnishing of supplies for a regionalstlrool is disqualified frpm voting op any question involving hil pectinIgry interest unless the mem-ber has disclosed that interest to theVdard anctthe remaining members ha* approved the member'sparticipation in the voting.
See.
Sec.
;' Sec.
1408.140. Repealed.
14.08:141. Roweled.
14.08.180. 'Repealed:
-(Sec. 1 ch 124 SLA 1975)
(Sec. 1 ch 236 SLA 1976).
(Sec. 10124 SLA 1475)
% . 40, %Sec. 14.08.151. .1.ancrend Buildings; a), Except as provided i (17) of this section and sec.
. 161(g) of this. dhapter, the-ownership of land and.buildings used in r¢fation to regional educational
regional school, boards. % 01) Sect..."147.11.)4.978)attendance area schools ri:siylitie,d the state. and use permits 'shall be given to the
,. (b) A regional. school ,biriiet÷irfalf,':'britresolution, request, did the commissioner of. the-department having,responsibillty shall convey. -title to land and buildings uses( in relation to regionaleducational 'attendance' area schools. if the state holds less than fee title to the land, thecommissioner of thp department having responsibility shall convey the entire interest orthe state inthe land to the regional'school board. (am Sec 3 ch -147 SLA 1978)
4,
3.71
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,250.14-05.160, -FtsP0044: (Sec: 1 ch 124-SLA 1975)S .
;. .Sec. 14.00.181. School' txmstrliction;, repair, and' improve . (a) The departolii4.shali
(1). based on racpiestsfor funding of projects made the regional schii6I boards to:the .
Department of Education linderAeo. 101(7) of this chapter; sqlect necessary projects for the con-struCtion, repair4oi-improvenikrit:elf sehobis -" . f- ' .4 ,
4.6,the.governor an. appropriation of funds far thedesignated projects,', on. the basis of lts deterinination of funds necessary for each,proloct and the,pricirities established;by_fit arriong;the piORICis and report of the plied. requests made by oe iegipoal schoolibiatar.ancr .
.submit legislabireolthin,the first 10. days of session a report of the pro/adNqUiitimiatle;bjethisdi :
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(b) in establishing its- recommended priorities among projects requested by the regionalschool hoards, the Department of Education shall 'evaluate, among others, the following factors:
.14) priorities_ assigned by the regional school beards to the projects requested by them;(2), -3rliergehcY requirement . 1 '
(3)'\ ,number of unhoused itudentsk. ..
(4) new local elementary or secoriclaW programs; .(5') eldsting comnruhify and school ficilitkis and their condition; .
- (6)' . economic and social,stability 10-the community; and -.
: ..r i(7) public facilities procurement -Oblicieizdeveloped by the Department of Public
-;--- Works under AS,35.10.160 - 35.10;200. .
. -, '14 School construction, repair, and imprOvement projects shall be carried out by the
Department of Public Works unless funds tout project are granted-toe regional school board under.(d) of this section.
' (d) Regional school boards may apply to the Department of Transportation and PublicFacilities for a grant of all or part of the hinds allotated fortheir school construction, repair, andimproveinent projects. When a regional school board applies for a grant of funds; the department.shall grant funds to a regional school board for a school construction, repair, or improvementproject, and, if the request Oor all finds:allocated. shall provide for the assumption by the regionalschool board of all of the depariment's responsibilities reliting' to ilie-Plaimin-p. 'design andconstruction of an educational facility. Thereafter, the board shall .
.- y lir select the Opitropriate professional personnel to develop the de signs;
(2) approve or disapprove thlapptopilete designs or revised designs; and
(3) undertake construction, repair or irhprovement of the educational facility. .
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(e) To carry out the purpose of this section, the Department of ransportation and PublicFacilities shall adopt relating to the application for and the making and the manner 0administration of grants wherein the responsibility for school construction, repair and:improvement,is assumed.* reglonaf school boards under(d), of this section. The departmentshall include in grantcontracts terms and conditions requiring l'regionalschool Iroeitfarut its contractors to adhere to theprovisions of AS 36.05.010 with respect to the payment of wage rates on construction projects.:and
- AS 35.10.010 with respect to employment preference -and may require different terms in grantcontracts for different projects 'to meet local amditintisand !A/04ue requirements and to assure
0.. . -35.10.160-35.10:20 ', compliance.with the, public' *jiffies procurement developed by-the department -under AS
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. .(f)* 'Ovniership of supplies and equipment purchased with ftinds appropriated for school
construction;repair, or iniprovement vests in the' regional schaol board ieceivin. g them.... . .. . t, ,
(g). 'Title iiifficieritinterestAstemiinedatceptable by- the- departmentto.arr approved litefor a school building to be constructed, repaired or improved by a regional school board shan't*Vested in the statispr4n the iespectivi regional:school board.
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(ernSee3 ch.57 SLA 4976; sib! Sec 2, 3; 4r 5 ch 47 SLA:1978),
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Sec, .14.08.170. Repealed. (Sec 1 chl24 SLA1075)
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Chapter 09. ' Transportation of Pupils.
-Section.10. Tiansportatton of pupils20. Transportation for nonpublic
- s choo 1 students
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Sec..14.09.010. Transportation of pupils. , (a) The department may pro-vide fo.k the transportation of pupils who resides distance from establishedschools, and in order to accomplish that purpose may
(1) require school districts to enter into contrbcts with thedepartment for the administration, supervision, operaiionser sub-cohtracting of the operfition of transportation systems for studentsto and from the schools within their service areas;
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(2) require all school districts, transportation contractors andother recipients of state transportation funds to submit to the depart-ment an annual report, which includee a financial statement and otheroperational' ata required by the department;
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(3) permit school districts to (A) establish supplementarysystems of student transportation for students ineligible to utilizetransportation facilities paid for by the state, (B) charge fares orfees for_thesiupplemiiitaty tratistortatiOri systems; and (Cy- use localfinals to pay'-, whole or in part, the -cost of the supplementary system.
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(b) Each school diltrict mentioned -in (a) (1) of this section is entitled toreceive reimbursement from thstate for the operation of the transportationsystem on a unit cost basis determined by the department.
(c). Theschool board of a-district, or the department for areas not withinschool districts, slat designate am hazard,oul thoSe routes which cannot be Safelytraveled bycluldren not served by school bus.. The designation may recognizehazards that exist only of the time and in these instances the designationshall be applicable, only during the timie.the hazards are found to exist. The boardor the departmentahall provide for the transportation of pupils =Irma:es desig-nated as hazardous. The- additional cost of the tcaniportatiOn in a district shallbe shared equallyby the andthe department. Eligibility receiveschoollus service on routes designated as hazardous shall not be subjectto re-strictions based on the Minimum AistanCe'between established schools and theresidenced of pupils. -(Sea. 1 ch..98 SLA-1.966., Sec. 1 c.it 39 SLA 1966) .
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See. 14:09.020.. ,Transportation for nonpublic sChool'atudentit -In ,
those 141aoes. iathe,state where-the-department -or: a -schoolrnt pro-.
vides transPortatiesfor children 'attending. pub lie scfiools, the departmentalso shall 'proOdiiirran.pOrtation or Children who, in canplianaritith theproYisiOns of .. .30 of:thlaritle;;:attend nonpublic_; school which are. _
administered in cospliance wiikstkn:-.1*-aiere the childien, .4,delY-to
Mai the nonpuhlik.schools,4ust *ityer, distances and over.roures.:thez same.-tel;ihtilistesices:;andover-Outes over- which; tthe.ilcbi idrenattendingspubliwscheo s- ars-Jtniursirried. The Cop*, ssiOner 'shall administerthis 410p4ikc-scheol.;etudenet: -transperrerkonfiktnilran*_;:integrntirill. it into
'''-444st*iig:sYiti__ .114 as 16041._ 4,_.*iiik19,;tail4,:tlif *0 of the., grograir :4411 beapproPrkated:,fer thatipttpOselliy the.. log1t letura.. ( Sec; 1
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Chapter 12. Organization ehd Government of School System,. 1
Article '1. Districts (Sec:14.12010 14,12020)2. School Boards (Sec. 14.f2.030 14:12110)3. Regional Resource Centers (Sec. 14,12.150 14,12180)
Aitide 1. Districts. .SectiCin Section10. Districts of state public schocrl "system 20. Support, management and control
Sec. 1412.010. Districts of State Public School System. The districts of the stn publicschool system are as follows: . ..
. (1) each 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 borought and outside first class cities is ovide.d intoregional educational attendanceareai. - .
(Sec 1ch 98 SLA 1966; am SeC3 ch 124 SLA 1975; am Sec 7 ch 208 SLA_ 1975)
Sec. 14.12.020. Support. management, and Control.(a) Each regional educational attendance area shall be operated on an area de basis under
the management and control of a regional school board. The regional school bo- d manages andcontrols schools on 'military reservations within its regional educational attends area until themilitary mission is terminated or so long as management and control bythe re nal educationalattendance area is approved by the department. However, operation of the m itary reservationschools. by a.. city or...borough school district may....be required by the. dep ment under AS14.14.110, If the military mission of a military reservation terminates or cont *Wed Managementand control by the regional educational attendance area is disapproved 4 the department,-operation, managerrrene and control-of schools on the militapy reservation tra fern to the city orborough school district in Which the military reservation is lochted:
(b), Each borough or city school district shall be. operated on a district, ide basis under themanagement and control-of 4 school board. -
(c) The legislature shall provide the state money necessary to mai tain and operate theregional educational attendance areas. The borough assembly for a borough ool district, and thecity council for a, city school district, shall provide the money which mint be raked from localsources to maintain and operate the district. -
(Sec 1 ch 98 SLA 1966; am Sec 8, 9 ch 46 SLA 1970;am Sec 5 ch 32 SLA 1 73';am Sec 1 ch 72SLA 1974; am Sec 1 ch.-.13 SLA 1975; am Sec 4, 5 ch 124 SLA 1975
. 1Article 2. School Boards! '
Section .
al School boards 80. Qualificatio, n of m35. Aclvisoryschool boards in borough
school districts / 90. Oath ..
40. Transition 1
. 100. Application'.110. single 604 as as50. School board, terms
70. Vacancies , '120.115.,
rieareoIndemnification
Sec. 11 rit2.030; School bards.; .
Re..
bers'
bly and school board
- - Each - borough -and city .schocl district with an averige_clailyf embership of 5,000 or lesshas.4 school hi:lard of five members, except that the governing body, of e borough or. city may by
ordinance, concurrecin by. a 'majority-of the district school board, pr ide for a sch I board ofseven memberS.,(Sec 4 ch 71S LA 19691 _ .
- (b) Each, bolmigh and city school districtwith an average SlqllY,m mbership axon n 5000'has a School board of-seven members. (Sec Leh 98 SLA 1966)
. (c) Notwith'standingth'erovisioniof (a),and (b) of this'section.w erethe borough assemblyserves as the .schooliboard;,ot the borough. school district undet,AS 9.41.020 the number ofmembers of the assembly-school board -shall be 'determined nei%.prescribed by AS
. 29 23 020. (arn-Sec I thi3ISLA'1974). . "(d) Each citVor bbrOugh)school .district that .k.operatinrschOots armilitinPreservation
.under Sec. 20(a) of _this chapter :chas .one 'nonvoting, delegate -front: the, military reservation or'reiseiVationSlelhe- sch,..001;_distriet" board'to advise and assist the:Asccard in matters relating -to themilitary resenrAtion*fchotts'e, peratedby the school district' end to act AS lit on between the board-Aid the Military; conanunity, The nomiotindelegate shall bet appointed ,the state Board:ofEciticatiolifshallsenaVat the pleisure.df:the state Board bf: Edrkation,,and di Si be an inhabitant ofthe aiealitrvid'by the militiaryreservation schdoii,ogerated by the School district by contract. if anelededorrinmunity ,school committee is es:tat:Aldred on military reservation, the onlyinhabitanis ofthat :military rusenraftiore- who,,are. eligible for .ap'gointmiiht as ,tire: delegateare thoseInhabitants are member's Ofthaeirseted Schooltoktrnittee;. -Lola SLA-1966: am $ac 1
,S1,-A-1069; an; Sec I ch.1315(A1.5)4 bin Set 2 ch 13 iLA tre6 6'124 SLA 1975)3:0 . . ss
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Sec. 14.12.0W. Advisory school boa in borough school districts. A bonbugh school districtboard may establish advisory school boards, A - by regulation shall osascribe their manner ofselection, organization, powers and 'duties:(am Set ch 81 SLA 1974)
.Sec. 14.12.040. Transition. The transition from a five-man to a sevenmanschool board shall '
be made at the regular election following, or.being held within 90-days preceding, the completion ofthe second regular school term during which ti* dittriCt maintains an average daily membershipexceeding 5,000 or at the regular election following the _effective date of an ordinance increasingboard membership as provided in sec. 30(a) of this chapter, Once the district has a sevenman schoolboard, the number of members shall not be 'changed. (Sec 1 ch 98 Silk 1956: am Sec 2 ch 71rSLA1969Y
Sec. 14:12.050. Sclibol board terms. (a) The term, of office of 1 member of a borough orcity school board is three years and until a successor takeeoffice. However, the members of A newlycreated fiveman school board hold office for initial terms as follow: 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 themembers by lot. The members bf rnewly created seven-man school board hold office for initialterms as follows: three for a term of three years, two fora term of two years and Sao for a term ofone year, the terms being assigned to the memberS by lot.
(b) When a transition is made from a fiveman school board to a seven-man school board, thelength of the terms of office for the two new members to be elected shall be determined by Jot sothat when the terms of office for the two new members are assigned, the terms of office for theentire sevenman board shall be as follows; three members have a three-year term, two membershave.a two-year term, and two members have a one-year term. A seven-man school board. the termsof office of whose members at the time of transition from a fiveman board did not result in terrnscexpiring 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 theschedule for expiration of termsof office provided irthis section.
.(c) Nothing in this section prevents a school board member ftom succeeding himself. (Sic 1ch 98 SL6. 1966; am Sec 1 ch 41 SLA4972)
. . . .4,_ Sec. 14.12.070: Vacancies. If a vacancy occurs on the school board, the remaininginembers
shall within -30 days fill the vacancy. The person selected shall serve until the next regular electionwhen a successor shall be elected to serve the balance of the term. (Sec 1 ch 98 SLA"1966)
- Sec. 14.12.080. thialifhiation Of members.. To be eligible to. be a member of a school ,boird. r
a noson must have the same qualifications as are necessary to be a municipal voter in the-school.;district. (Sec 1 ch
,98 SLA 1966) .. -;,.., =,-.,
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c,d Sec. 14.12.090. Oath. School board members, before takihg, office, shalltake and sign theidr. .following oath or affirmation: "Edo solemnly swear (or affirm) that I will support.and defend the
Constitution of the United States. and the Coistitutioli of the State of Alaska and that f willhonestly. faithfully,. and impartially discharge my duties as a school board member to the best ofmy ability. "- (Sec -1 ch 98 SLA 1966) ......L- .... .
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Sec. 14.12.100. Application.. Secs. 10 -7 100-of this chapter apply to home rule and generallaw municipalities, (Sec -1 ch 98.SLA 1960)
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Sec 14.12.110. Single body'es assemblyind school board. Notwithstanding the provisionsof this- chapter of other, law, A singht body,. may Serve as both the borough 'assembly and borough
. . school bbaidqn the manner provided for third. class boroughs under AS 07.17:034 if a boroughordinate-fix-that purpose Is approved.bithe assembly and 'ratified as a referendum of a majority of-.,
the qualified boroughjoters,voting on the question at a: regular or special election, and if the publicSchool population *ilhigt tie borough 1000 pule or lass...pet 1.ch 214 51A:1910).
.. . . - ; .. -SeCT.4.12;115... :indemnification; 61chocd beard shall insure or indernnify4ind protect the
board; any member of the , board, or any agent, ntplOvee, teacher, student-teacher, officer or', member.. of :the stipaririibry. Or adriiinistrathre.itaff Of thisdhool district against financial loss and
':expenses inchidlriireionabkilegatfaeli and goats,: prighikatOf any, clainikdanariO,stll or judgment,.by reasOi-0alregedinegligenCe;:atleged viOlatioyidcivOghts or ailegeiljecOngfiitaceresulting in
1' . - -deith or b41010111190,:tolttf; Persankor,aCcidentakdamage AO. OrdestfiictiOn of, property, inside or
-, - ' -. ,oistside the kemlsescifthi,bbaid'inember,regont,emplOYee, teacher,"StOdept teacher, officer, soersernbeir.#4,4.44-erFisqw Of febnirqstative,staff;;# thi tiine of the: occurrence, was acting
. '0.1.1-c. 1.1:r. triii.dkrktiP,Ivollhe*hOottlioardmith,in the coutse,Orlcor of his dt,Ities OM Sec 2 eh 148
7 S04978), : -.e ,.... . ----- i .1.., .,... ., ,
64:*;4:-.1040-9301040' (siit44-0448.-*A:190-- , ..
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MO' 3. Regional Resource Centers.'
Section150. Establishment and purpose.160. Regionairesource center board grant
program; eligibility
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Section170. For purposes of this chapter, regional . .189, Regulations
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Sea 14.12.160. Establishment and purpose. (a) The districts of the state public schoolsystem may join together to establish regional resource centers to provide the following services,including but not limited to, accounting, payroll and other fiscal, media, instructional support,bilingual-bicultural educational, inservice and, staff develoRement, student, diagnostic, sofioolmanagement and schtol board member training. r
(b) A regional resource center established under (a) of this section shall be governed by aboard consisting of one representative frorrreach participating district. The representative shall beappointed by the governing board, of that district. The term of office of regional resource centerboard members shall be two years, beginning July 1 of each calendar year. Vacancies shall be filledin the same manner as original appointment.
(c) Regional resource center boundaries shall be established by the state Board of EducatiOnon recommendation of thcommissioner.oLeducation in the following seven regions of the state:southcentral and the Aleutian Chain, small, northwest, Bristol Bay. interior, southeast, andKodiak A disttiormay not be included in more than one regional resource center area.
(d) Regional resource center boards may-receive and expend-both public and rvite funds tooperate a regional resource center.
(e) Aniployees of the regional resource centersare not,in the state service and are not subject1 to the State Personnel Act.(AS 39.25). However, all regional resource center employees shall be
members of either the teachers' retirement system .(AS 14.25) or the public employees retimmentsystem {AS 39.35r. ' t
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Sec. 14 ,12.160. Regional resource center board grant program; eligibility (a) TheDepartment of Education may make grants to regional resource center boardrwhich qualify for thegrants under the criteria set out in (b) of this sectiorrand regulations adopted by the department. ,
(b) To qualify- for a grant under (a) of this section, a regional resource center board shall
(1) be orgaiPzed under the provisions of sec. 150 of this Chapter;
(2) adopt bylaws for its riperation;
'(3) provide the department with a plan of operation including but not limited to thefollowing elements: . % "
(A), the bylaws adverted for its operation;(B) a list of participating districts, number of students and professional staff to be
served;
(C) 4 a sch*le "funds available from federal, state, local and private sources=
(0) a descrn of the services and programs to be offered;(E) a description a the method by which these serviterarid programs will be
evaluated;(F)' other information that may be required by the dipartment by regulation;
(4) complYtWith applicable 'regulations adopted by the department. ,
46. s; .
Ser., 10 2.170. For porpoies of "is chapter, *tonal education attendanceareas shell beconsidered *serial. 1. ,.
too. 14,12.180, :Reputations. ',The Depirtmint of Education mayadopt regulations neceSsary,, . . . .to.implernelst the 6rOvIsions of-Sec; 150 -r 170,iii this chapter,
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.7*. , f Sec 8r.h236 SLA'19i6) ...
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Chapter 14. Local Admirdstration of Schools.
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Article;1. Cperation, of Mstricts *(Sec 14.14.920 - 14.14.230)2. Involvement of'Young People-in School Governanis (Sec: 14.14.250 -.
,Article 1. Operation of Districts.
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`14;14.310)
Section20. Bond4required50'. Annual audit60. Relati pbetween borough
school d stact and borough65. Relationship between city
school district and city70. Organisation of school board80. Declaring a school board
,vacancy90. Additional duties'
100. Bylaws and adninistrativerules
105.. _Sick_leave bank_107. Sock leave and sick leave transfer
II (Repealed anctreenacied)k
Section110. Cooperation with other
districts120. Inoperative district1302 Chief school administrator140. Restriction on employment150. Aisociation of Alaska School
Boards the representativeagency of hoard mehbers
160. Cooperation and support of :,certain association functions
170. Community School Committeel180. Qualitations of Community Sthool Committee
membei and voters-190 'Rms of office and vacancy200. Duties
Sec. 14.14:020. -,Bonereeuired. Before the officer responsible forcustody of,. investment, or lanageseent of school district money enters uponthe duties of office, the district,, or the municipality if the treasury is-
` - centralized, shall obtain a bond with sufficient sureties in an amount ..
egual to the money that 'may, Come -ptto the officer's official custody, butnot to exceed 950,000 The. bond. -shall be conditioned on the officer's -
/ bonese and 'faithful disbursement and accounting of all money that may come/ into his official custody. The bond shall be filed with .the c.lerkof theschool board. This section dew notapply to an officer who has been ,
bonded under AS 29.23.520. (Sec. I ch 98,SLA 1966; an Sec. 21 ch 53SUL 197.3) r,.1 - .. :.,: . .
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Sec. 14.2.450504,,AiiitialkiUdit.. laY the school board in each schooldistrict shall, betorrecto beri,apokep,:ch year, Provide for arl audit o' allschool accotints-forft4e$491.-treemling the preceding...Tune 30. To makethe Wudit the school beareahill contract with a public accountant who hasno personal interest,,atiiie at indirect, in the fiscal affairs bf thedistrict. -One certicOpy of the audit shall be filed:with the COEMILS-'sioner and one certificoPy, Shall, be posted in a pub3.1.6 place at Urprincipal administ*tive.Offici Of the district.
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(1) The Audit shalimiiform in form to requirements established bythe:commissionst. The com4ssioher shall withhold all payments dr state '
typds after ticmember 15,4 wsehmlAistrict which fails to file a certi- ,
fled copy of the aildit.Witli.ttle .d6Partsent. . .
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(c) .1103 P:ininVOP.:t)0410, 11.704ae Ittr a reaudit or an audit checkin a.school:diStiiotleir444011dOnt it is necessary to substantiate
',thacep,orteceici5enditUiti-4.' - 5- '. : - .
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(d) 00-13:prizil-toa ,..,bal.. .,,,.-make the audit if. an =let Whichsatisfies tluilaiiiiiiam"..4fi;4?..t ":tasitiiiir and.which ill filed and posted
ch 8: 4414:966;4Oil.):fs,i2,21,61e .,3.81.k-1973)as.--re`gidicd':firtiiP0'0040147:1 e'ACCording to AS 29.49;220. (Sec. 1.
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*Sec. -14AV:660:A41i tilliffiliiihititi4eft boroug1 school. district and:(or,.'alle:. Sphlygrfiajelatbrdinance require that all
. ;be de '-rtr.alited treasury with all other borough1(44.43 the "FeStody, of,- invest and
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manage all money in the centralized treasury. However, the borough asiembly,with the consent of the borough schoolboard,.may by ordinance delegate totin borough school board the responsibility_of a centralized treasury.
(b) then the borough school board by resolution consents, theborough assembly may by ordinance provide a centralized accounting systemfor sOlool and all other bordugh operations. The system shall be operatedin accordance with accepted principles of governmental accounting. However,theiasseably, with-the consent of the borough school board, may by ordinancedelegate to the borough school board the responsibilities of the accountingsystem.
(c) The borough school board shall submit the school budget for thefollowing school year to the borough assembly by April 1 for approval ofthe total amount. Within 30 days after receipt of the bidget the assemblyshall determine the total amount of money to be made available from localsources for school purposes and shall furnish the school board with. a state-ment of the sum to be made available. If the Assembly does not within 30days,, furnish the school board with a statement of the sum to be made avail-,
able, the amount requested in the budget is automatically approved. ByMay 31, the assembly shall appropriate the amount to he made available fromlocal sources frbm money available for the purpose.
(45 The borough assembly shall determine the location of schoolbuildings with due consideratidn.to the recommendations of the boroughschool board.
(e) The borough school board is responsible for the design criteria of school buildings. To themaximum extent consistent with education ,needs, a desigdof a school building 'shall Provide formultiple use of the building for community 9urposes. Subject to the approval of the assembly, theschool board shall select the appropriate professional personnel to develop the designs. The schoolbpard shall submit preliminary and subsequent designs for a school building to the assembly forapproval or disapproval; if the design is disapproved, a revised delign shall be prepared andpresented to the assembly. A design or revised design approved by the assembly shall be submittedby the board to the department in accordance with AS 14.07.020(10).(am Sec 11 ch 147 SLA 1978)t
(f) The borough school board shall provide custodial services androutine maintenance for school buildings and shall appoint, compensate, andotherwise control personnel for these purposes. The borough assemblythrough the borough administrator, shall provide for all major rehabilita-tion, all construction and major repair of school buildings. Therecommendations of the school board shall-be considered in carrying out theprovisions of this section.
(g) State law relating to ocher salaries and tenure, to financialsupport, to supervision by the Department of Education and other generallaws relating to schools, governs the exercise of the functions by theborough. The school boardSstairappoint, compensate, and'otherwise controlall school employees and administration officers in accordande with thistitle. , -
(h) School boards within the borough may determine their own policyseparate from the borough for the purchase of supplies and equipment.(Sec. 8 ch 118 SLA 1972) /
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'Sec. 14.14.065. )relationship Vetween city school district and city.The relationships between the school board of a city school district andthe city council and executive or administrator are governed in the samemanaer.as provided in sec. 60 of this chapter for the school). boird of aboroughschool district and the bOrough assembly and enetutive oradministrator. (Sect 1 as 98 SLA 1966; an Seee 9 ch 118 SLA 1972)
p.;
See: 14.14.070.4
Organization of school board. 111.01n seven days
after the certification of the results °read) remularsehool election,. the school board shanaleet and elect.one of its Members as president, one
as clerk, and, if necessary, onees treasurer.. (Sec. 1 ch'95 SLA i986)
Sec. 14.14.080. Declaring a school board vacancy. 'When a member ofa schdolboard has notice of is absent from three consecutive regularschool board meetings and is noprexoused by-the President of the schoolboard, the otherymembers'oftheschool board may declare the positionvacant and 'shall notify the ex- member by registered moil. The vacancy
ahalbe filled nal:own/1CW by AS 14.12.074., See. l'oh 98-SLA 1966)
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Sec.14.14.090. Additional duties. hi addition to other duties.a school board shall
... (I) determine and disburse the total amount to be made availablefor compensation of. , all school employees and administrative officers;
(2) provide for, during the school term ofeach year. an educational program for eachschool age child who is a resident of the district: . .
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.,, (3) kvithhold the salary for this lastrisonth of service ofa teacher or administrator untilthe teacher or administrator has submitted all summaries, statistics. and reports which the schoolboard may require by bylaivl
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(4) transmit/ when required by the assembly or cotincil bit not more often than once ael .. month, a summary repdrt and statement of money expended r,
. . .(5) keep the 'nut of meetings and a record of all proceedings of the se..hool board in
a pertinent form:. .. . .
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. . (6) keep the records and files of the school board open to inspettion by'the public atthe principal administrative office of the.district during reasonable business hours. (Sec 1 ch 98 SLA1966)
Sec. 14.14.100. Bylaws and administrative Ades. (a) The school board policies relating tomanagement and control of the &Strict shall be expressed in written bylaws' ormally adopted atregular school board 'meetings.
(b) Administrative rules which do not -Ambody school district policy need not bepromulgated as bylaws; holiever. the rules shell* in- written form and readily available to all schoolpersonnel. (Sec'-1 ch 98 SLA 1946)
Sec. 14.14.105. Siet leave bank. A local school distrialoard, or the board of a regional-:* ediscational attendance aisTmay establish a sick leave bank to enable a teacher, because of unusual
circumstances, to draw, not more than teice. the number of days of sick teave.the teacher hasaccumulated before the first day of school in any school year or 24 days; Whichever is greater. The
, board may establish and adminiiter the sick leave bank indepanderitly or jointly with teachers. (Sec1 ch 76SLA 1971: am Sec 1 ch 142 SLA 1976)
.04.
Sec. 14.14.107. Sick leave and Sick kayo transfer. (a) Every scboof district shall allow itscertificated employees one and one-third days of sick leave a month with unlimited accumulation ofsick leave days. It
(b) A certificated school district employee who changes employment from one school districtto another district; or from a school district to 'the Department of Education, or ,from thedepartment to a school district, may. trantfer all of the cumulative sick Waite to the new employer.It is the responsibility, of the emplanes to notify the new employer. within 90 days of commencingwork, of the number of days to be transferred..
(c) The department. may - implement this section. by regulatiqn. (Sec-I-ch 99 SI.A.1914)..
(Repeated and reenadtedSee1 ch 118 SLA 1978} .
. . -See. 14..14:110 c7cod1irettibraritirrother . districts.. (a) ; When necessary ,to.proyida more.
, efficient or -more economical educational services, .t.district marcooperate:oebiedepartment mayrequire a district 41: cooperate with other districts, State-operated.schopls, or *theAtireau of Indian
. Affairs- in providing educational- services or .in establishing lioacling:and."tu kits. arrangements,arringiimentS for the eicehairge oreepils'orc teachers, or other siMilarsuraegements. However. if
Y. fonPft4ttVe'aresahgeMent-OcIlittlf,PielPhs 1.011.veilsre111:1TPilk.thet98.04at'ho^les; the $.010161, board shallrinAY10.0.' eletOis,vitthithe,,tettin'lenqtfafee'vohf9 -00,-4P-41eilt;$9hf. eblidr.441191610 attend
. efemifitarn seciinaoy.iihisoll .the al-twit:lance area: . .
041. The departipent may ipiestribeAhe terms and cSeitlitio,ns of _any, contract entered intogRAfF19-rorttitetesctIoniAW),.ck 9*p:A .96,6i.ar,e,Ses, 2:416,4144M2i: am $ti 2 eh 72 PA
; ;':(c)i- 6,,contract fer.tiff o ration di; stk.:poi-v. O, rellitarrieSa tians.. by . a city; or ti-r4ugh
ofthitsectioNshali hi.addition-16. theie 'rMs:a931;:coriclittorti,fprestrilsett 'rs4.ttr., .(14 431-thk section,
5:'
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(1) the educational program provided by the school distciet in thischools on,tlie military if. .
reservation shall' be comparabilfo the program provide& by the school districkin its nonmilitary °reservation schools; and ,. , ,...
.. .
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(2) the school district shall be fully reimbursed foc.the test of-operation Of the schools.on a military reservation. (See 1 ch 98 SLA 1966; am Sec..2 ch 64 gLAT972; amSce 2 ch l2 SLA. .1974; am See 3 eh 13 SLA 1975) . Ar.
:...
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Sec. 14.14.120. Ino rative district. l(a) When there are feWer . .. dthan eight children eligible to at4nd elementary and secondary school in ;a district, the school board may de fare the district inoperative ton that . /school year. * , 4 ...."
. . . .Lb) During the school year in which a district ip inoperative,, the.
school board shall *Dorm those 'Itin, etionS necessary. to preserve the,. .financial integrity of the district to preserve thproperty and assets of -0,the district, and to otherwise insure aga.f.nst disruption of the ..continul,tyof the district business. . .
..
(c) An 'inoperative school ,board'shall, itors.ctieable,pey the;tuiti,on and boarding costs necessary to enable the school age children- 4
within the district to attend school in another &Strict. A a ,ohild inan inoperative school district is not attending school,in another district,the department shall provide correspondence courses' nd other materialsand chsrge the school board of the inoperatiW district an amount equal tothe 'actual cost to the department . . .
.4
(d) The terms of office of a schpol board are not affected by a'declaration that the district is inoperative. However; oard membersshall not be elected during the time a distriet is Inoperative. In thdevent more than three terms expire during the tine, a district is InoPera-tive the functions of the school board Shall' be assumed by the asseirbly, 4
or couneil'until. the district becorreS operative. when tyleriet oecosas.opergtive an expired school board term shall be filled by the assembly orcouncil until the next regular schpol election when a school.beerci membershad 'be elected to serve the balance of the terms (Sec. I ch 98 SLA3.966"_
Sec. 14.111.130. Chief school administritOr. (a)' Bich shook peed'shall select and employ a qualified person as the chief school adirdnistre-tor for the district. . 4
,(b,) The chief school administrator of the district shall' administerthe district in accordance with the policies which the school board pre-scribes by bylaw.
(c) 'AC thief schooladministrator shall select, appo .otherwise control an school district employee& servirt., g under ubject-to the approval of the school board. (See: 1 cle"98 SLA 1966;eh 29 SLA 1969)
Sec. 14414.140, RestriCtion on t. (a),Schoolbars, or members of (heir immediate , may no be employschool board except upon approval' of the commissioner.
(b) Members of the irmeiliete hotly of:Ts:chief es .1 actrdnist tormay not be enploye0 by the chief school adridnietrator e -pt upon pp valof the comirdssioner. (See. 1 ch 98 SLA 19661' =See. 2 ch 29SLA 1 9), ,,
See: 111.111,150. ASsociatica ofAlaslca "1:Boards: the - r4senta--7Z .tine Of ; --- era. assoc = of
'rem as the'Organization and representatVie'ageney of the irellbers orthe -school boards of the.. state::" 1$ee. 1 eh 98 SLA .968) .
Sec. 111,111.160.. Coo tion and' s certain associationfunctions. la)* dhe depar ant and 1pca3 dietsileta 'may cooperate with theAseociatfon of Alaska.. School Boards in its 4n-sprVic,!tralning program forschool board nenbers and in eniouregthg and fosW.fig cooperation wrong_
s-the school Nerds affiliated with'the AssociatitOrfif SehoiA Boards. .
(6) School districts may-expena distrietsion0 to carry:Out the`
provisions ,c' (e),of-thiViacti4 (Sec: rr*,1-98',$LA 1.966) .t.
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. . ... . . . .Sec. 14141There70. Community8chool Committees. (a) established a community school
committee in each community or military reservation served by a school operated by a regionaleducational attendance area if the regional educational attendance area school has an average dailymembership of less than 251 pupils, the community school committee consists of three members. Ifthe average daily memberihip is more than 250 pupils, the community school committee consists offive members.
(b) (deleted) .
(c) in communities qualifying for member community school committees under (a) ofthis section, voters qualified under sec. 180 of this chapter may increase the committee tb fivemernbe referendum conducted at an ion coinciding with an election for community schoolcommittee members. In communities qualifying for fiVernember community school committeesunder (a) of this section, voters qualified under sec. 180 of this chapter may increase the committeeto seven members by referendum conducted at an election coinciding with-an- election forcommunity school committed members. .
0
(d) The date of election for community school committee members is the same as that forregular municipal elections in the second c lass city having thelatgest population in the area servedby thl committee or, if there is no second dass city within the area, on an anntial election date forsuch elections fixed by regulations of_the department.
(e) Elections under (c) and (d) of this section shall be constricted upon such notice andotherwise substantially in the same manner as regular municipal elections which are held within thelargest second class city in the area served by tire committee. If there is no second class city withinthe area, elections shall be conducted upon at least 10days published pr posted ublic notice of theelection and of. the question or nominees to be voted on and underlineral rule for theelectkons asmay be promulgated by regulation of the department. Elections lelating to mmunity.schoolcommittees shall be supervised by the regional school board but shall be administered within seconddass'cities al part of the regulai municipal elpction.
(f) Elected niembers, of ,community school committees are sufject to recall in accordancewith the provisions of AS.29,Z8.130 -- 29.28.250, except that the chief school administrator of aregional educational attendance area shall* perform the functions of the municipal clerk, and,theregional school board shall perforin th functions of the assembly or council tinder those sections.
(Sec 1 oh 98 SLA 1966:arriSes10 ch 46 SLA 1970; am Sic 12 ch 32.1971: ,am'Sec 1 ch 101 SLA ^1971: are Sec 23, 24 ch 63 5 LA1078;ain Sec 1 ch 37 SI.A 1974; am Sec 9. 4 ch 72 SLA 1974;airSec 4.5 ch 13 SLA 1975LarnSeic 7.ch 124 SLA 1975)
ISec. 1414180. Qualifications of Community School' Contralti, Members and Voters. (a) A A.person may vote at,an election for community school committenembers andmay be elected tomembership on a Community schoolconrietteewho
(1) is*icitizenotthelJnitedStatee;
(2) has pisied his 18th birthday:
(3) is an inhabitarit of* the area served by, -the school.-for_at least io aAiiipreceding the. ,.election:
. . 4e -
(b) Election to a community school committee is not AnigtriCficet 'af tills shit .
Meg 1 ch -98 SLA 1955; am Sec 07 ch iiSLA 1971; Sec 9.:ch SI.A 1974:saln Sec 8 di 124 SLA1975). . ,.
. . - .
r,3*, A4:10.1 ON teirrndot,Officeitihri'.Videnoy, lar the lennt'of. theinitial membere'of
th ritmembericernmunity.ichopt.'59 iiteere one, two, and three Veers; respectiviely, and until aluccessciettptilk ereafter scribers shalt bkelectedWtermsFof Ares /ears and eintil a
*sit4tivatu:4 ..
0141,ekinftial_. membins e(atotnmunity btfive members,,z f
one'rneMperie.ahicted.fe.0 one year tArni.S1- .tvroArlimbe_ri:Inr.o.tiVoiyeat'aerrivand two members forItirelkjeeavtertn krid.prilAsUccesserfeliesnffrie. Thereafter; all members are elected %o terms of
*- ;A 4.
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. (c) If a threemember community school committee is increased to a fivemembercommittee, the two additional members are elected *r terms of two years and thtee yearsrespectively. Thereafter, all members are elected to three-year terms. If a fivemember committee isincreased to a severvmember committee, the two additional members are elected for terms of twoyears and three years respectively. Thereafter, all members areviectedto three-year terms and untila successor takes office.
(d) Vacancies on community school committees will be filled by thereriaining membersuntil the next regular election. At that time an election will be held for the remaining portion of theterse.
. V---r
(Sec I ch 98 SLA 1966; am Sec 2 ch 101 SLA 1971; am Sec 9 ch 124 SLA 1575)
"" -Se. 14..14.200. Duties. A community school committee shall review . and make
recommendations to the board of this regional etrational atta_ndance area concerning the,tv° curiiculum, program and general operation of the` ocal school and shall exercise additional"
responsibilities and functions as maybe delegated by the regional school board. (Sec I ch 98 SLA.1966; am Sec ch 46 SLA 1970; am Sec 10 ch 124 SCA 1975) ,
'L
Article 2. Involvement of Young People in *School Governance.
Section2S0. Estjblishment of committee 290.260. Cm- iticai and chairman 300.
270. Compensation and per di280. Func,,tions of the commit
Sec: 14.14.250. Establicreate a committee or other "adin school governance. (Sec. 4
S4.14.260.--itionaec.lnd',i.rman The committee may consistof erns of public affairs,*education, the sciences, the professions, other fields of private endeavor,
- from the state or local service, and three additionalmembers.from the17 - 22' age group, and shall include women and representatives of minorigroups. The members shall be appointed by the board in the manner ire ibed.by.the board without regard to political affiliation and shall serve at thepleasure of that body. One member shall be designated by the board as chairmanof the committee."(See. 4 eh 40 SLA 1972) '' KL:
Sec. 14.14.270. Compensation and per diem. Members of the cpmcnittee /
14 or other advisory body sergavithout compensation but are entitled to perdiem and travel expenses as may be authorized by the board. pee. 4 ch 40SLA 1972)
InternsAppointment to district committees
or other advisory bodies310., Definitions
nt of commdttee. A school board may ,
body on the involvement of young people40 SLA 1972).
,
See. 14.14.280. Functions of the committee. (a) The.comnittee shall
establishprocedures to enable it to recommend annually to the board a group
Of promising young men and water: from whom the board may select interns and
youth voting members of district committees or other advisory' bodies. The
committee, ln establishing these procedures, shall enlist the, aid of district
residents who are actively interested inwortingwith young people. Following
adoption of the precedures,the committee shall accept applications from
individuals and nominations for consideraiiiin, and shall interview all
applicants ortominees.
(b) RemmendatiOnS of the dommittee shall bedimited to young people
who
(1) have a capacity; desire interest, ability and potential
for leadership and service to the commukity.andto the state;
I
eve.
1*
,(2) will have attained the age of 17 but not 'the age of 22 before
the beginning of their service.
(c) .Annuallyf the committee shish-evaluate the prograsi and shallsubnii a vatten report to thi board. Sac. 4 ch 40 SLA 1972) .
Sec. 14.14.20. Interim. .An intern =Mae appointokto 'serve on thestaff of the board or the district. AdauldsCrato foi- a period of timeprescribed by the boards wj.th a amzdatmi.of bne year. He may be assignedresponsibilities in any office, department or agency of the district. Servicewill begizi at a time prescribed by the board. Interns shall be appointedwithout regard to political affiliation. ,Salaries.shall.ba individuallyestablished by the board on the basis of prior experience and the responsi-bilities of the position to which the Intern is assigned. (Sec. 4 ch 40Sus 1972) -
Sec. 14.14.300. Appointment to district committees 'or other advisorybodies. (a) NotwithstandingA 39.05.100 or a provision of law relatingto age, the board may,appoint any 17 21.year old district resident to adistrict committee' or- advisory body if recoathended by the youth involvementcomaittee.
(b) A young person zecomsendedlly the corinittee may be appointed to, .
Aisirict committees or advisory- bodies with special qualifications fps%nembenhip if the proposed noadnee, except for his age, reets,the reign/redqualifications set by law:
(c) An individual appointed to a district comnittee or advisory bodyunder this section is elttitled to the rights, privilbges and responsibilitiesof other leabers, and his appointment is subject to confirmation by the boardwhen required by law. No ,additional seat on/a diitrict coniafttee or advisorybody is created by virtue of sacs. 250.- 310 of this chapter. (Sec..4 ch 40SLA 1972) .
s 25
See.14.14.310. Definitions. in secs 250 320 of thisChaptor -
. IN .:(1) "board" means the Otwoming-body: of a 'borough or city school school distiici or
regional educational attendance area;. . . .t . (2) *'district means a
iborough, city orsegi al editational attentiance area.
-,-(Sec 4 ch 40 SLA 19'72; am Sec 11 ch 224 SLA 1975).
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Chapter 17..Pbblic School Foundation Program. \\I'Nev.
.. .... \ . .1.Article'41. State Aid to Local School Districts (Sec. 1/e 10 -14.17.075)..i.2. Prepariticin of Public School Fountlaticin Al See-14717,00 7,14.17450) 47
3. procedure for Payment Pdblic School Fouryla) On Funds toplistitts (Sec. 14.17460 -14.17.190) . w ,' ' g" 17- '' 4 .!. "
4. Generil Provisions (Sec. 14.0.200 -14.17.2ar- 7.. ,,,,- . \
Arliclei. State Aidpq Local School Districf \...
19. Pubik School Fount ion Account 5 Repealed ).
20. Repealed.
5f. iristructionnyit All grant21. State aid 56. Base Instruct nal Uri22. Funds for centralized correspondence study 60. RepealedT.-,_30... Repealed , ') 61. SuPPAllifenig#0.149rams a.31. winstructioniftMits 70. Repelleil 440. 'Pripealed t 71. Req fr. 0' localbeffo'rtA41. Table Of allowable instructional units . 75. Rep
7
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Sec. 14.17.010. Publip School` Foundation Account. (a) The publie school forinda ion accountis established. The 'account :consists of appropriations for distribution to districts or fo centralizedcorrespondence studyprograins under this chapter.
(b) The mory of the account may be used only in aid of public schools or for kmntralizedcorrespondence study programs as provided by this chapter.
(Sec. 1.08 ch 164 SLA 1962; Sec. (c) repealed Sec: 11 ch 95 SLA ;1969; am Sec. 2 ch 190 61A1975) . i...
Sec. 14.17.020. fleptiled. (Sec. 1 di 238 41-4'1970)
... Sec: 14:17A21.,State.aid..(a).:The amount of state aid for which" cb school distriipt gayqualify is calculated by multiplying the basic need as defined in (b) of thi mo by the
..4.,' percentage as,definek In (c) of.this section. To 0, max(muni extent permitted under sec. (d) (2) f. of P.L. 81474. as amended. (29 U.S.C. 240(4) andlhe .regulations adopted under it (46 C.F.R.
115.60 -11546), the amount of state aid shall be reduced by the amount ofthe school district's .
entitlement to federal fitiaociatassistanca under P.L. 81-874, as amended, (20 U.S.C: 236 244), ...i for the prioilisc,a1 year. (fir See...2 cht0SL-A 1977)
.
, .. w. .,
(b) The basic need of each school district is determined by multiplying the instructional unit 'a allOtrgot oft* district as defined iir'sec. 51 of this chapter' by the number of instructional units in; .
ere WIWI& .4
I
. . .'....*. 4
(c) The equalized percentage for each school district is computed according to the formula f'percentage,
...:; PI 01-(1-K) Vi / Vs .16 which ._ .. a
a ..1 , (1)4 Pi (equalized pertent1140)0. OE cent of need to be provided by the %Wel.
...*
. . *O.'(2) K (minimum level of state suppoit4o1 basicmeed) 0 97.perkcent; (am -Seckl cli173.
SLA.1976; am,See..31:h 90 5LA 1977) .. 6, . . 46, .4 6 ', D . . ' .
..". (3)"' VI (Valuation -per pupil in average daily membership in the district) 0. full and true.vaime.ofi-taxable real': and' personal property within the district divided by the average daily i: '')membership of the001141 .. . , -
_.
.- , 4
1.; s . ' "S ..
dist. rids' .0f(44 sytati:t ay. 'rage of the iralluat. lop per pupil -in average daily membership for all the,
,
, . .. 1 ; %
. . 1 " ( 5 I' - state aid,as:compirted under this section.constitutes.atieast 97..piiirbent of the basicneed: as by, the departnient,'of. each school districtiSec!4Ch 238 51A,1978; era Sec. 1, 2ch
.81.SLA1975rarri*See: rafA74sim976, iin Sii,. 3 ch'60 SLA.1977) '- -:.`. _
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e
4.
4 .
3
ery
4b.
-fs Sec. 14.17.022. Funds for Centralizes Conespondeniie Study.
Funds ice providing centralized 9srrespondente study programs for students not enrolled in antapproved school district correspondence study program. shall include an`appropriation from the
public school foundation account in an amount calculatedt by multiplying the base instructionalunit by the torsi number of "instructional units as dete m ned by applying the number ofcorrespondence students to'sec. 41 (a) of this chapter.
4(Sec 3 ch 190 SLA 1975) ' V
Sec. 14.17.030. Repealed. (Sec. 11 car 95 SLA 1969)k.
27
es
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SOC. 14.17.0311 instructional-Units. (a) The- total 'number.of instructional units within eachschool district if the.sum of
(1) the number of uni for elementary schools and the number of units for secondaryschools as determined from sec. 41( ), (b), (c), or (d),of this chapter; ,
(2) the number of units' for vocational education determined'from see. 41(e) of thischapter as approved by the department;
(3) -*the number of units front special ructitionkcletermined from sec. 41(f) of thischapter as approved by the department; and Ismo44Wet",4
(4) if the district has five or more correspondence pupils enrolled in aniapproveddistittcorrespondence 'study program,' the number of units- for correspondence pupils determined' by .applying the number of correspondence pupils to sec. 41(a) of this diapte,r.
(5) the number of units for bilingual education determined from sec. 41(g) of thischapter arapproved by the department. (am Sec 1 ch 11BPSLA 1978)
(b) A school district shall compute separately the number of allowable instructional units foreach of its secondary schools except as provided in (c) of this section. (am Sec. 4 ch 90 SLA 1977)
(c) The commissioner shall authori any school in a remote location to establih anassociated secondary school when the sum of the average daily membership in grades five througheight is greater than 20. Notwithstanding sec. 41 of this chapter, any school or school districtoperating a remote elementary school wits 20 or feweAteOiraverage daily membership in gradesfive through eight *may-conduct a secondary progrargAlEirct to approval of the commissioner anduse the following tablt° calculate the number of aTioemble instructional units for the combinedelementary and secondary program of theimote schbol;
ADM -No. Instructional Units. .
:;;itilet11,140 r; ,34
. .
A w 21-- 32 '5 .,`'4$:(Sec. 4 ch 238 SLA 1970; am Sec. 3 elf 81 SLA 1975; am Sec. 4 ch 190,St..7k 1975; repealed and
reenacted Sec: 5 cti 90 SLA 1977). g
(d) if th6 instructional units which a school district is entitled to under (a) of this sectiondecrease by 10 per ter* br more fronvone year to the next, the school district may use the last yearbefore the reduction.ar a base year and offset its reduction according to thsfollowing schedule: (1)for thefirst year after the base year, the school -district is entitled to the instructional unitsdetermined under (a) of this section plus 75 per cent ,of, the difference In instructional units
,..,_ , between the base year and the first year; (2) for thesecond year after the base year. the school'district is entitled to the instructional units determined under (a) of this Section plus 50 per cent of . .
the difference in htstrualonal units between ,fhe baseyear and the second year; (3) for the third-year after the base' year, the school district is entitled fo the instructional units determined, under(a)*of this section plus 25 per cent of the difference in instructional units between the base year andthe seosnd,year, The-schedule establishedln this sUbsettion is available to a school district for the
'<three years following the base year only so Nog as the eptitlement, ,r1,t6 instructional units under (a} ,,,k;
.ot- this section for each year is-less than the entifferniint in the base year. (am Sec. 6 ch 90 SLAB27
,. :.--4E, 7) ` . , ... . :.
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Sec. 14.17.040- Repealed. (Sec. 1 911:230,SLA 1970)
s
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Sec.14.17.041. Table of allowable instructional units. (a) Elementary schools in districtswith ADM under 1.000: ,
ADM No. instructional Units
under 20 220 32 333 46 447 -6263 -80 681 999 6 plus 1 for each 18 pqpils or fraction .
of 18. .
, ,(11).A1......ementary schools in districts with ADM of 1.000 or over:r .
ADM No. instructional Units11.
under 20 220 32 333--46 447 62 563.80 681-99 7
100 3005
3006 and over
4V
7 plus 1 for each 19 pupils or fractionof 19
160 plus 1 for each 21 pupils or fractionof 21
(c),,i4etondaty schools in districts with 40M under 1.000:
u er 33"33 -4647 6263 8081- -999
No. lnstnictional Units
3456
6 plus 1 for each 18 pupils or fractionof 18
(d) Simandary:schoolsin districts with ADM of 1.00.4 or over:
ADM
, under3.133 4647 62
. 63 'so8199 99
j 1007 30051
3006 and over
:. ,.
(e) Vocational educatitn schedule:-
ADM"-Fui:Time Equivalent
5 7 1011 25'26-40 '
41und over
a.
a
No. instructional Units
34.567
7 plus 1 for each 19 pppils or fractionof 19
160 plus 1 for each 21 pupils or fractionof 21
No. Instructional Units
12
3 plus 1 for each 20 pupils or faictionof 20 pupils in FullTime Equiva-lent ADM
a
(f) Special education schedule:
ADMFull-Time Equivalent
5 89 15
16 24,25 3536 and over
(g) Bilingual education schedule:
Weighted ADM '1 -12 -
13 1819 4243:and over
(am Sec 2 6.115 SLA 1978)
29
No. Instructional Units, I
234
.4
4 plus 1 for each 11 'pupils or fraction ofII pupils in FullTime Equivalent ADM
No.'Instructional Units1
23
3 plus 1 for each 24 weighted ADM orfraction of 24 weighted ADM
(Sec 4 ch 238 SLA 1970; am Sec I ch 137 SLA 1972; am Sec 4 ch 81 SLA 1975; am Sec 7 eh 90SLA 1977)
-Sec. 14.17.050. Repealed. (Seri ch 238 SLA 1970)
Sec. 14.17.051. InstructiOnal (mit Allotment. The Instructional unit alftenent for eachschool district or regional educational attendance area is as follows:
(I) for Gateway Borough School District, City and Borough of Juneau School District,and Anchorage School District, the district is entitled to receive the base instpuctional unitallotment:, I
(2) for Annette Island School District, Petersburg City School District, Wrangell CSchool District, Sitka 'Borough School District, and Matanuska-Susitna Borough School District, thedistrict or area is entitled to receive lfrer cent of the base instructional unit allotmenttarn Sec 3ch 115 SLA 1978)
(3) for Craig City School District,'Hydaburg City School District, Kiawock City School '1
District, Kake City School District, Chatham School District, Skagway City School District, .
Southeast Island School District, and Kearil.Peninsual Borough School District, the district or area isentitled to receive 108 per cent of, thalm instructional unit allotment; (am Sec 4 ch 115 SLA 1978)
(4) for Pelican. ,Citi.:-:tCliObi4sti,i6; .1-loonah City School District, and North StarBorough School District, thdoiliiti 4:tihr*.iriiis entitled to receive 112 per cent of the baseinstructional unit allotment; (rnSepl,edi-115 st.A 1978)
(5) for Cooper River Sdiool District, Cordova City School Distnct; Valdez City ScnoolDistrict, and Haines Borough School: District, the district or area is entitled to receive 115 per centof the base instructional unit allotinent;
(6) for Nenana Cityt Schbol, District, Delta School District, Alaska Gateway SchoolDistrict, Upper Raitbelt Regional Scharf District, Yakutat City School District, and Chugach SchoolDistrict, the district or area is entitled to receive 120 per cent of the base instructional unitallotment; -
/" (7) for Adak Regional School District the-areiis entitled to receive 140 per cent of.thebase instructional unit allotment;:
. .:,(8) for Pribilof IsleriittsSchogOistricAleutian Chain School Distria,King Cove City
Scbool District, and Unalaska City Schoopistrict, the district or area is entitled to receive 15 Y percent of the base Instructional:initallelmetk
(9) for Yukon Fraft1Sekciardlitrict, pillingriam;tity School Distrioe, Br" ill BayBorough School District, SiutisWisi ik,egiOnat School District; Lake Peninsula School District,Lower Kuskokwint School. Aideite City_ School District. Kuspuk School District,YukonKoyukuk School:tilStficfhirthitest Arctic School District, Selawik City School District,Nome City Schckil-Elistrici.A469-tfraits50Ool District, Iditarod Area School District, NorthSlope Bordugh Schoo):Districi,TLov:?ir.Yitirfri School-District, and St. Mary's City School District,the district Or area isentitiod trOokkil#;155.0rsent of the base instructional unfit allotment.
; '4tA . 1;* ,
Irt
.131
30, .
(10) for Kodiak 'Island School District, the district is entitled to receive 116 per cent ofthe base instructional unit allotment. (am Sec 6 dl 115 SLA 1978(am Sec 8 ch 90 SLA 1977) is
Notwithstanding the provisions of AS 14.17.051, as re-enacted by sec. 8 of this Act, themine of the instructional unit allotment for any scboot district or regional educational attendanCearea is not less than .it would have been for the fiscal year beginning July 1, 1977 if sec. 8 of thisAct bad not been enacted (Sec 9 cb 90 SLA 1977) .
0.),
Sec. 4.17.658. Base instructional unit. (a) ,'The bite-instructional unit for the fiscal yearbeginning July 1,1978 and ending June 30,1979 is $29,000,
(b) The base instructional unit .for fiscal years beginning on or after July 1.1979 is $31,900.
(Sec 4ch 238 SLA 1970; am Sec 1.ch 88 SLA 1973: am Sec 1 ch 140 StA 1974: am Sec 6 ch 81 ,
SLA 1975; am Sec 3 ch 173 SLA 1976; am Sec 10 ch 90 SLA 1977; repealed and reenacted Sec 7ch 115 SLA 1978)
Sec. 14.17.060. Repealed. (Sec 1 di 238 SLA 1970)
4 -
Sec. 14.17.061. Supplemental etiwams. (a) In addition to-the amounts authorized to be paidto_ school districts under this chapter, funding of supplemental programs. on the same basis asdetermined in the computation of statealtl.for the applicable districts. may be recommended by thecommissioner. so
(b) Applications for supplemental program funds shall be submitted by each schttot districtto the comMissioner by SeptentIler 30 of the prefiscal year in the form prescribed by thecommissioner: .
.
o (c) Federal funds available for aid to local scirobi districts will be included with the state'sshare in applying the matching ratio. (Sec. 4 ch 238 S LA 1970)
Sec. 14.17.071. Required local effort. (a) Payment of state aid to a local school district underthis chapter is contingent upon matching by the district in the amount of the reqUired local effortfor that district in the ratio of required local effort: state contribution 1:Pi7 (1Pi).
(b) For purposes of this section, PI II equalized percentage as defined in sec. 2 t) of thischapter. (Sec. 4 chleSLA 1970)
Sec. 14.17.075'. Repealed. (Sec. 1 ch 238 StA )970).
4
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Article 2. Preparation of Public School Foundation BudgetSection80. Computation by district90. Estimated average daily membership
100. Repealed410. Repealed120. Repealed
ljSec. 14.17.080. Computation by district. By October 30 of the prefiscal year each district
shall submit to the commissiqner a preliminary report of computations for the follOwing fiscal yearof the district's bisk need* defined in sec. 21 of this chapter: the amount which it expects tomatch under the provision of sec. 71 of this chapter; and the amount for supplemental programswhich has. been approved for funding consideration by the commissioner. Each district shall make
Atte computations in the manner prescribed by secs. 80 150 of this chapter. The computations aree basis for requesting legislative appropriations and for making preliminary payments under the
public school foundation program. (Sec 2.01 ch 164 SLA 1962; am Sec 5 ch 238 SUN 1970)
'Sec. 14.17.090. Estimated average daily membership. Each district shall prepare an estimateof its average daily membership for the fiscal year. In makirig this estimate, the, district shallconsider its average daily membership in preceding years, the pattern of growth or decline inpreceding years. % d other pertinent information ayailable to the district. The result of this estimateis the estimated a rage daily membership. (Sec 2,02 ch 164 SLA 1962)
Sec. 14.17.100 14.17.120. Repealed. (Sec 2 ch 238 SLA 1970).,
. Sec. 14.17.130. Repealed. (Sec 11 ch 95 SLA 1969)
31
130. Repealed140. Determination of full and true value by
Department of Community and RegionalAffairs
150. Duty of commissioner to examine and tabula tecomputations
Sec. 14.17.140. Determination of full and- true value by Department of CommunitylandRegional Affairs. (a) To determine thp ecrOalimid percentage to be applied to basic need under sec.21 of this chapter, and the matching rdlo for required local effort under sec. 71 of this chapter, theDepartment of Community and Regional Affairs, in consultation with the assessor for each district,shall determine the full value of the taxable real and personal property in each district. Exemptionsgranted under ch. 129, SLA 1957, known as the Alaska, Industrial Incentive Act (AS 43.25). shallbe honored. if there is no local assessor or current local assessment for a district, then theDepartment of Community and Regional Af,fairs shall make the determinatiOn of full value frominformation available. In making the determination, the Department cif .Community and RegionalAffairs, shall be guided by AS 29.53.060. The determination of full value shall he made beforeOctober 1 and sent by certified mail, return recbipt requested, before that date to the president ofthe school board in each district Duplicate copies shall be sent to thocomMissioner. The governingbody of the borough or thy which is the district may obtain judicial review ofjhe determination byfiling a motion in the superior court Of thiqudicial district it) which the district is located within 30days after receipt of the deterrilination,,The superior court may modify the deteimination of theDepartment of Community, and Regional Affdits only upon a finding of abuse of discretion or upon4,a finding that theres no substanliaevidence to supped the determination.
(b) Motor vehicles subject to the motor vehicle registration tax under AS 28.10.255 shall betreated as taxable property for purposes of, (a) of this section. (Sec 2.07ch 164 SLA 1962; am Sec2 ch 95 SLA 1969; am Sec 6 ch 238 SLA 1970; am Sec 9 ch 200 SLA 1972trr Sec 1 ch 218 SLA1976; am Sec 2 ch 256 SLA 1976)
.(c) To determine the debt-to-valuation ratio to be applied to the determination of state aidfor school construction under AS,43.18.105 43.18.135, the Department of Community andRegional Affairs,in consultation with the,responsible financial officer of each municipality whkh isa school district, shall annually determine the debt of the municipality and report the determinationto the mayor of the municipality and the ,commissioner of the Department of Education. Thedetermination shall be made- by October 1 of each year and shall report the outstanding debt as ofJuly 1 each year. (am Sec 14 ch 147 SLA 1978).
_ Sec. 14.17.150. Outy .of Comsi is loner to examine iane tabulate- Corn-putat ions (a) The comnil Wooer shall examine the preliminary openssubmitted by each di str 1,4"te determine that they are correctly computed.if the al lotmentnta. irig, rrect1jr computed,, the cowed iSloner shalt either
. obtain a .cocrect computation liom the district, or 12) make a correctet:reputation based on Iiformetlnh available to hita, and give not ice of the
42
corrected computation to the district. The commissioner shall reviewsupplemental program apellcatiensend notify the district whether itssupplemental' program is approved for inclusion in its foundation programcomputations.
(b) The commissioner shall reduce these computations to a report intabular form or another fore helpful in examining the computations of thedistricts and shall transat the report to the governor. The commissionershall maintain additional copies of this report in his office as a matter,of public record. This report shall be entitled "Public School FoundationPrograliComputations:" (Sec. 2,08 chst64 SLA1962; am Sec. 7 ch1238SLA 1970)
Article 3. Procedure for Payment of Public School
Foundation Funds to Oistricts.
Section160. Allocation of funds on pre-
1 iminary ccaputatimos170. Payment under adjusted
computations180. Payment under final
computations
Sect ion190. Restrictions governing 'receipt
w and expenditure of moneyw from public school foundation
account
Sec. 14.17.160. 'Allocation of funds onpreliminary computetion. Thecommissioner shall determine the state aid for each school district on thebasis-of the ens-fiscal year computations. Beginning July 15 ot the fiscalyear and on the_15th of each month, for seven successive months, one-twelfth of each district's state aid shall be distributed, (Sec. 3.01 ch164 SLA 1962: am SEc. -.3 Oh 95 SLA 1869; ma Set. 8 ch 238' SLA 1970)
Seq. 14.17.170. Payment under Adjusted Computations. Each district shall make a report atthe end of the first nine weeks of school, which cdntains a new estimate of its average dailymembership for the fiscal ye* and other information which will aid the commissioned in making aMote accurate daterminItion of each district's state aid. This new estimate and4nformation ofaverage daily membership shall'be time basis for the computation and distribution *reach district'sstate aid for the balance of the fiscal year. The commissioner shall, on the basis of this new estimateand information, make a recomputation of each district's state aid. Before December 2. thecommissioner shall notify each district of changes ma de in, its state aid. The commissioner shall alsodetermine, whether the money in the public school foundation acbount is sufficient to meet eachdistrict's state aid for the fiscal year. and, if the money is not sufficient, he shall immediatelyinform the pawnor of the amount of additional appropriation he estimates will be necessary-to,carry out the public school fourdation program for the restof the fiscal year. BeginningFebruary.15 and on theVth of each subsequeormonth, onmfifth...ef.the recomputed balance of eachdistrict's state aidihall be distributecb'However, onhaif of the June payment shall be withheldpending a final determination of the diitricts state aid.
(Sec 3.02 ch 1645LA 1962; em Sec 1 ch 169 SLA 1968; am Sec 4 ch 95 S1A 196 9; am tec 9 ch238 SL 19701am Sec I ch 135 SLA 1975, effective July 1, 1975)
..
Sm. 14.17.100. Payment Under Final Computation. Before June 16 each district theirtraniMit to the commissioner a final computation of the districtlystate aid. The commissioner shallprocess each district's computation In the manner provided by sec. 150(a) of this chapter..HoweVer,in no event may the entitlement of a school district to state aid be less than that computed undersec. ITOot this chapter. Additionl state aid shall be obligated,by the commissioner before June 30.if the distrlit received morg state aid money than i'was entitled to under thischapter, it shallimmediately, after notice 'from the -commissioner of the, overpayment; remit the amount of ,
overpayment to the commissioner to be returned to the public school foundation account:
(Sec 3.03 ch 164 SLA 1962; am Sec 6 ch'05 SLA 1969; am Sec IO ch 238 SLA 1970; am Sec 2 ch135 SA I973reffectiveJuly 1,1975) .
Set: CIO .190. Restrictibis,gSvern4ng receipt and expenditure of,money .from.ptib itschool' foundation- account. (a)" The pubi ic schoolfoundation money. distributed to a district during a year shall be received,
9teld;and"axPended by the distrlit subject to the proilsions' of law and.,reguiat tons:proinuigated by the department.
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4g..
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(b) Each district ;hall maintain financial records of the receipt and disbursement of publicschool foundation money and money acquired from local effort. The records must be in the formrequired by the commissioner and are #ubject to audit, by the commissioner or the board at anytime. (am Sec. 6 ch 95-Si..A 1969)
sSection200.205.
Article General Provisions. ,
SectionRe ulations 220. PurposeSat id to districts operating ap oved 225. Construction and implementation ofschoo service programs chapter
210. State aid to newly established district 230. Repealed'schools 240. Repealed
215. State aid to districts affected by stateactivities
250. Definitions
Sec. 14.17.200. Regulations. The department shall promulgate regulations to implement thischapter. (Sec. 4.01 ch 164 SLA 1962; am Sec. 6 ch 98 SLA 1966)
Sec. 14.17.205. State aid to districts operating approved school food service programs. Aschool district that qualifies for and provides free and redscecl-price lunchei to students who qualifyunder the Federal Nutrition Act shall receive state aid in an amount for each free or reducedpricemeal equal to the federal allowances multiplied by the school district's area differential in sec. 51 ofthis chapter. (ain Sec 11 ch 90 SLA 1977)
-Sic. 14.17.210. State aid to newly established distiiat schools. (a)..A regional educational
attendaike area school-which' becomes a city or borough district school is considered a regionaleducational attendance area school for purposes of financial support until- the expiration of acomplete fiscal year after the date on which the school becomes a lity or borough district school.This subsection does not prevent a ',local government _from spending money to contribute' to thefinancial support of a regional educational attendance area scitool which becomes a city or boroughdistrict school.
(b) For each subsequent fiscal year, the state shall disburse to.the city or_borough schooldistrict only the money to which the district is entitled. 'rider the public school foundationprogram. -
.(c) (deleted)
(Sec. 5,02 ch 164 SLA 1962 dam Sec..25 53 SLA 1973; am Sec. 130 124.SLA'1975)- ,
Sec. 14.17.215. State aid to, districts offedtedtay state activities. (a) A school district whichprovides free public education A a student whose parent or guardian works on or lives on stateproperty shall receive an additional yearly allotment under this chapter equal to the percentage ofthe state average cost of education, as reflected laiRe audit report of district schools for the priorfiscal year, per student times the number of qualifying student's in average daily membership. asfollows:
property;(1) 50 per cent fora student whose parent or guardian' ives on and works;on state
(2) 25 per cent for a student Whose parent or guardian works on state property;-t
(3) 25 per cent -for a student whoseparent or guardian lives on state property;'
;(b) In this section "state property" means real koneity'which is owned by tile state "or, isleased by the state and, which* notsubject to taxation or payments in lieu of taxes by the state ora political sub.division of the state; the tern) includes.malopromrtY owned -by the state and leasedfrom it as well as improvements basal-iv It even thoughlhe lessee's interest, or an improvementon the proPeily, fs subject to,taxation bra-state or a political subdivisionlItthe state. (Sec. 7 ch 95SLA 1969)`
34
Sec. 14.17.220. Purpose, It is the intention of the leOsliture. in enacting this public schoolfoundation program, to assure an adequate level of educational opportunities for those inattendance in the public schools of the state. This chapter shall ilot be interpreted as preventing apublic school district from providing educational services and facilities beyond those assured by`thefoundation program, (Sec. 1.01 di 164 SLA 1962)
Sec. 14.17.225. Construction and implementation of chapter. (a) This chapter may not beconstrued so as to create a debt of the state.
(b) Funds to carry out the provisions of secs. 10. 190 of this chapter may be appropriatedannually by the legislature into the public school foundation account. If amounts in the account areinsufficient to meet the allocations authorized under secs. 10 190 of this chapter, such funds asare available shall be distributed pro-rata among each _district based upon the district's basic need.
$
....(led)(Repealed Sec. 1 ch 79 SLA 1971) .
4
) The average daily membership allotment supplemental account is established. Funds to
41,
carry out the provisions of sec. 215 of this chapter may be appropriated annually by the legislature.to the account. if amounts in the account are insufficient to meet the allocations authorized undersec. 215 of this chapter, such funds as are available shall be distributed pro rata among eligibledistricts based upon sec. 215 of this chapter.
(e) ch 95 SLA 1969: am Sec. 1 ch 79 SLA 1971; Repealed Sec. 1 ch 79 51-A 1971)
(f) Funds necessary to carry out the Provisions of sec. 205 of this chapter may beappropriated, annually to the Department of Education. If amounts appropriated are insufficient tomeet the allocations authorized under sec. 205 of this chapter, such funds as are available shall bedistributed pro rata among eligible districts. (am Sec 12 ch 90 SLA 1977)
Sec. 14.17230, (Repealed Sec. 2 di 71 SLA 1972)
Sec. 14.17.240. (Repealed Set. 2 ch 71 SLA 1972)
Sea 14,17.250. Definitions. In this chipter, unless the context otherwise require!
(1) "average daily membership" means the aggregate days of membership of pupilsdivided by the actual number of days in session for the school term;
(2) issi ner" means the commissioner of the Department of Education;
(3) "district" mea any city or borough school district;
(4) "elementary school' means a school consisting of grades one through eight,kindergarten through eight, or an appropriate combination of grades within this range;
(5) "fiscal year" means the year beginning July 1 and ending June 30 far whichallotments and entitlements are computed or distributed;
(6) "pre-fiscal year" means the year hemediately before the fiscal year;
(7) (Repealed Sec. 3, ch 238SLA 1970) -
(8) "public school foundation account" means the account created by sec. 10 of thischapter for use in financing education in public elementary and secondary schools:
(9) "secondary- .school" means a school of grades seven through twelve. or anappropriate combination of grades within thi nge. When gradekseven through eight, nine, or tenare organized separately as a junior high 1, or grades ten through twelve are organizedseparately as a senior higir ,kchool and are con dad in separate school plant facilities, each isconsidered &separate secondary school for the purposes of this chapter;
(10) (repealed Sec. 3 ch 238 SLA 1970)
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(11) "tale real and personal property" means all real and per-sonal property to ,ble under the laws 'of the state, but does not incl1xlehousehold ;rods and personal efftpts;
, .
(12)' Repealed Sec. 3 ch 238 SLA 1970.
(13)', (1)1), (15), and (16) Repeit.led Sec.' i eh 40 SLA 19711 s ,
3 5
117) "AU4 fUli-time eqUivalenta means the qubtient of thelagEregate--pe,liods of pupil meibership per darin speeifivd classes, divided by-thenumber of.class periods in the school day; . : .
I
(0) "instructional unit" means'the aggrbgate of all direct andindirect servicelinecessary to ptovide a standpfd level oE instructionfor a group of pupils; .6 , .
orc.. .
.. (A) "direct ,pervices" include, i3t are otb aixd. supplying
teacher services, textbooks, reference raterialf.; pupil and teachersupplieg, as weal as utilities and .eustodial services;
(B) "indirect services" are those auxiliary or suniortingfunctions that complenbrit.direct services and-include, but are not . .limited to a.dridnistration, eransportation, food, attendance andactivities ; I 4
(C) "instructional emit" does not include items of communityservice, capital outlay or debt service.
(Sec 4.02 ch 164 SLA 1962; am Sic*7, 8 ch 98$1..A 1966; am Sec 3 ch 153SLA 1966;
am Sec 18 ch 69 SLA 1970; am Sec 4 dR,11 ch 238 SLA 1970; sections repealed Sec 2 eh
40 SLA 1971; em Se'14 ch 114 SLA 1975)
. . . . .
(19) "weighted ADM" means the number of students in average daily membership in aneducational program, adjusted to reflect the level of service required by them in that program asdetermined by the department. (am Sec 8 ch 11'5 SLA 1978)
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Chapter-20. Teachers and School Offictals.
Article .1. Teacher Certification (Sec. 14.20.03.0 14.20.090)2. EePlOYment and Tenure (Sec. 1.4.20.095 14..20.210)3. Salaries (Sec. 14.20.220 111.20.275)4. Sabbatical Leave' (Sec. 3.11,20.280 111.20.350)5. Professiteal Teaching Praotices Act '(Sec. 3.11.2i1.370 111.20.510)6. Neentiatice (Sec..14.20.550 - -11.20.610)7. Interstate Agreement on Qualification of Mut., Jpal Personnel
(Sec. 14.20.620 14.20.650)
t
Sy
-Artiole 1. Teacher Certification.
Section10. Teacher certificate required20. Requirements fir issuance of certifi
;la36. Causes fog 'lion acid suspension40. Applicability f the-Administrative Procedure Act
90. Repealed' .Sec: 14.20.010. Oefiiher =tiff required, A person may not be employed as a.teacher in
the public schools of the state unl .possesses a valid teach r,cartificate except that a personwho has made application to the partment for a .teacher licate or repewal of teachercertificate which has not been acted upon by the m e-emplOyed as a toad* in the.Public schpols of the state until the derartment has taken action 09 the aPPlication, but in no casemay employment without &certificate last longer than three months. (am Sec.1 ch 15 SLA 1976)
+. -a .
. Sec. 14.20.020: 'beguile:lints toe issuance of certificate. ,,. (a) The
department shall issue a teacher certificate to every eerson.whq mete therequirements im (b) and (c) of:thie section: . _ ! - -
'
.
(b) A person is not eligible ibr r caltificateunleSS hehas received at least a baccalaureate de an Institution of h.i.phereducation accredited by a rectotized accrediting associat orapproved by the connessiOner. Rarer spection is not epplic leto
i. .0 0 -t
.0' persons employed' inktli 'state p`tizaia school system on.) -September 1, 3.962; a .
. - 'f 't" i'". % !12) persons lestrd
which, in the Jail:pent of the cof a eertific-ate to a perste n
O
y cek;ificate'cluring a situational-Pher,requires the tesporary Issuance
otheyeisa-qublified,..
I(c) board rig( establish by. regttlarli g.gitiondl requirements
. .for the issuance of certificates:
tilish, ;ari9ous claibesIt JO SLA 1962
19(71)
(d) The board MEW_ by regulation ecertificates. (Sec. 37-5- ACLA 19119; am.oh 98 SLA 1966; am Sea.: 11, 14 oh 32 SLA
.,
Iwrom. 14,20.030. Causes for moot:tonere
11r
ailati,
0,4
n
411-'amr -sec. 10
The commissioner or the (professional TeachinglWepticet Commission may reyoke or suspend acertificate 'only for the following reatonst
'V
inability....
(1) Incompetency, which is defined as the inability or the unintentional er intentionalfailure to perform the teacher's customary teacitnidukiev'4, .in 'a 'satisfactory manner;
(2) Immorality, which is defined * the Cbtlititiision of an act which, under the laws ofthirst*, constitutes ale* involving moral turpitbfk . .
. , . . ....
(3) substantial noncompliance with thsihrol laws of.the stattor the regulations of thedepartment; or
: 64\,..li«g(' 4', :
(4) upon aletermination by the-Prefess*a4eaching Piactices Commission that therehas bane violation of ethical or. professional Andards,or.ccetractual obligations. (Sec 11 ch$ SLA 1966; Seel do st.A 197.5s Vii.Sec 1'ca 1.03 6kA)01,6) ''
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Sec. 14.20.040. Applicability of the Administrative Procedure Act. The AdministrativeProcedure Act (AS 44.62) applies to all proceedings under sec. 30 of this chapter, and revocationsand suspensions are final and reviewable in accordance with AS 44.62.560- 44.62.570. (Sec 12 ch98 S LA 1966; Sec 2 ch 9 S LA 1975)
Article 2. Employment and Tenure.
Section90. Repealed95. Right to comment and criticize not to
be rystricteci97. Duty free time 160.
100. Unlawful to require statement of religious 165.or political affiliation 170.
.r 110. Penalty for violation of Sec. 100 of this 175.chapter. - . . 180.
120. Statement of qualifications130. Employment of teachers and administrators 185140. Notification of nonretention 4 p().145. Automatic reemployment 205.147. Attendance area transfer, bbsorptlon 207.148. Intradistrict teacher reassignments 210.
Section
150.155.158.
Sec. 14.20.090. Repealed. (Sec 59 ch 98 SLA 1
Acquisition of tenure rightsEffect of tenure rightsContinued contract proVisionsLoss of tenure rightsRestoration of tenure rightsDismissalNonretentionProcedure and hearing upon notice ofdismissal or nonretention,Repealed,RepealedJudicial reviewDefinitionsAu ority of school board or departmentto dont bylaws
See. 14.20.695. Right to convent ancicriticize not to be restricted.No byltir 'regulation of the commissioner of education, a school board,.or loca.lool administrator may restrict or modify the right of,a, teacher
., to engage, in °anent and criticism outside school hours, regarding schoolpersonnel,' Members of the governing bOdy of any school or school district, 4any other public official, or any school employee, to the same extent thatany private individual may exercise the right. s (Sec 1 ch 14 SLA 1965:
am Sec 13 clalftLA 1966) ft,..4 I.
_ Sec. 14.20.09.7.- Dutyftee tine. EPh ill:al/ern:1nm body shall allowits teachers in schoel facinties with flour' or More teachers a daily duty-free mealtime of at least 30 minutes between 11:00 a.m. and 1:00 p.m.
.(Sec. 1 ch 11 SLA 19,69)
Sec. 14.20.100. Upliaw to require statement -of 1.1. ous or li-ticalrequire or coMpel a person applying for tlie position of teacher in thepublic schools of the state to state his religious 'or political errata?,tion. (Sec. 37-5-1 ACTX1948) tt.. .
.Sec. 14.20.110. Penalty for. violation-of eec. 100 of this chapter.
A person violating sec. 100 of this chapter is punishable:by a fine of notmore than 6100. (Sec. 375-2 ACLA 1949)
.
Sec. 14.20.120. Statement of qualifications. A statement of thequalifications of each teachend superintendent amMloyed by the stateor a school district Shall be filectwith the connessioner. The statementshall contain the- credits earned in college, normal school, or urdve7ity,and the number of years of teaching experience, both in the state and
in the fbrm and manner prescribed by the commissioner. (Sep. 37-6-5ACLA i949; 1111 Sec. 5 ch 179 SLA1957i am See. 32 qty 116 MA' 1970)
Sec. 14.20.3.30. Eirployirent of teachers and..admilistzstorss llneirployer inky,. after Vanuary 1, Immo .contracts'fbr the following schoolyear to employees regularly qualified in accordance wii4 the regulations -of the department. The contract for a Superintendent nay be fbr more thanone echool year but may not exceed three consecutive school years. (Sec. 1ch 92 SLA1960; am Sec. 14 eh 98 SLA 1966). ".
Sec. 14.20.140. Notification of nonretention. t(a) If a teacherwho has acquired tenure rights is not to be retd 1br the following ..school. year the emPloyer, shall notify the teachee of the nonretention bywriting, delivered lefoiv 'Mural 16, or by registered da..1' posPnericedbetdre March, -i6. ,
sI
(b) If a teacher who has not. acquired tenure rights is not to beretained ibr the iblicaring school year the 'employer shall notify the -teacher of the .nonretentice by writing delivered on or before the last dayof-the school term or by 'registered nail postmarked on or beftre the lastday of the school term. (Sec. 1 oh 92 SLA 1960; am Sec. 15 ch 98 SLA 1966)
Sec. 14.20.145. Automatic reemployment. If notification of =-retentio 0n is not given according to sec. 1 of this chapter...A, teacher isentitled to be reemployed In the sane district fbr the 1113.1aMng schoolyear:al-the contract term the teacher and the employer rely agree upon,or if no terms are agreed upon, the provisions o1 the previous contract"frre_r.ontiniad for the Dilly/ring school year, subject to sec. 3.58 of thischapter. 'rm. ght to be reemployed according to this section expires itthe.eacher not accept reemployment within 30 days after the date onwhich the to receives his contract ibr reesploynent. (Sec. 16 ch 98$1.i.C.1966)
I 0- Sec. 14.20.47. Attendance area transfer abso tion.. When an
stte ce area trans a current y operating tract to, orabsorhed.into, a new or existing school clittri'ct, the teachers for the
`attendance area also shall be transferred unless otherwise mutually agreedby'khe teacher or teachers and the chief school administrator-of the newdistrict. Accumulated or earned benefits, including but not limited to,seniority, salary level, tenure, leave, and retirement, accompany theteacher who is transferred.
(b) When a school operate8 by a federal agency is transferred to or absorbed into a new orexisting school district the teachers shall also be transferred if mutually agreed by the teacher orteachers and the school board of the new or existing district. A teacher transferred from a federalagency school. which does not have an official salary schedule or teacher tenure in the same manneras a public school' district in the state, shall be placed on a position on the salary schedule of theabsorbing district; the salary may not be less than the teacher_would have received in the federalagency school. If the teacher taught two or more years in the federal agew school and. at the timeof transfer, had a valid Alaska teaching certificate, that teacher shall dr placed on tenure in theabsorbing district
(c) On the lint day of sen2e in the absorbing school district. a teacher transferred from afederal agency school all be all the actual number of days of accumulated sick leave that theteacher has earned teaching,1 Alaska. Consistent with the:established district policy the(bsorbing district may all it kw any other type of leave. Credit for retirement shall be
.. allowed in atomism") with 14.25. SA.
. (Sec 1-ch 53*L.A.1972; are Secs 1.2 ah 150 SLA 1975).-- , . _
. Sec. 14.20.148. Intredistrict teadunreassimments. When a teacheris involuntarily transferred or reassigned to a position for wnith he isqualified, within the district, his awing expenses shall be paid unless.
...- the one-way driving distance, is 20 miles or less from the teacher's present. ,. plate of residence? or unless otherwise Ritually agreed by the teacher and
.. '--"''''" thief school administrator o the mlietribt. (Sec. 1 oh 3.364,5L 1972).....,, Sec. 111.20.150. .8 iiice of tenure ripbtar. (a) A teacher
'acquires tenure rigits of a trict when he
(1) possesielta jtandard teaching.certificate; - .
! - (2) has been employed as -a teactien-ln the sane district con-. or twstrall school years and is reemployed for the achpol year,.
inriedi nyqb.Thiwrimg the two full school years.:.-..:-
t' .6); Me, tenure rights acquired under (a) of this section become. .. . fectitre co the:_first day the teacher.perforas teaching services in the
trice daring the school year ierned.4te1y follcuing the two full school.4 (Sec. 1 ch 92 STA1960; am Sec. 17 elf 98 81.1%- 1966)
Sec: 11420.155. Effect of tenure rigtats. (a) A teacher who hasacquired tenure.rietts has the right -to ehOofnent within the district'during_ Continuous serVioe...,,, .
.. (b) A tAriciiii; rini.:haff acquire- d tenure Kitts :my wee to a 'net/otattaa0 at any plia,, froireeer, it the teacher. rails to apree te' a'neWcant:* ;the prv-fts1,* ok the previous contract are continued subjectto,sea. 5Q of- this. chapter.. (Sec:. 18- bh 98 SLA 1966)..
. :. %. ... . .
09
Sec. 3.4.20.158. Continued contract visions. Continuation of theprovisions of a teacher's contract acco t(secs. 145 or 155 of thischaptendoes not
IM
(1) affact the alteration of the teacher's salary in accord-ance with the salary schedule prescribed by state law, or in accordancewith a local salary schedule applicable to all teachers in the districtand adopted by bylaws; .
(2) lira the right of the employer to 8 $8101 the teacher toany teaching, administrative, or counseling position for which the teacheris qualified; or
(3) limit the right of the employer to asmign_tbe teacher, asis reasambly necessary, to any ssbool in the district. (Sec. 19 eh 98
Sec. 3)1.26.160. Loss of tenure' r ilarmasititighti lost whenthe teacher's eaployffent in the district is interrupted or t rated, orwhen the teacher reaches the age of 65. (Sec. I oh 0 SLA 1.60; am Sec. 1ch 104 SLA 1965; am Sec. 2 ch 98 STA 1966)
SLA 1966)
4
Sec. 1420.165. Restoration of Tenure Rights. A teacher who held tenu rights and who wasretired due to disability under AS 14.25.130, but whose disability (1) has removed. and theremoval of that disabilityis certified by a competent physician following a ical or mentalexamination, or (2) hes been compensated for by rehabilitation or other appro *ate restorativeeducation or training, and that rehabilitation or restoration to health has been fled by thedivision of vocational aithabilitition of the Department of Education, shall be restored full tenurerights in the district frciih which he was retired, at such time as an opening for which,h is qualifiedbecomes available.
(Sec 1 ch 71 1975)
Sic. 111.20.170. Dismissal. (a) A teacher, inclulipg a teach whohas acquired tenure rights, maybe dismissed at any time only for theiblloadng causes:
(1) incOnpetencY, which is defined as the inability or theunintentional or intentional failure -to perform the teacher's customaryteaching duties in a satisfactqrY Hamer.
42) inmaralitY, which is defined as the comrdssion of an acwhich, under theirs.* of the state, constituters a crime involving floralturpitude; or % -
) Alsubstantial nonconpliance with the school laws of the sthe re or bylaws of the department, the bylaws of the districtor the titer rules of 'the supeifihtendent:
A
fbrthis
*Sees. 1
nay be suspended teXorariky with regular c.copensatiinveistigatiar to deteradue 10/111ather or not cause exists
notifies , , of dismfOgal- to sect. 180 ofeh 92 kaare Sea..., Ach 98 966t; am9661 ':. "44.,'. x 4,
-41r- -esev .4: ,
(a)year folioadequate.nonretenti
-areas sWairhis toque
(b)Lion ter
tentionalduties in
. r- t --.*
sr who has not acquired torture sights is sulijett aionretention.for th t colthe eXpiration of his contract for any cause which the employer determine'tto beever, at his request, the leather is entitild to a written statement of the cause for his
eboardi oteity and borough school listricts and regioniteducational attendanceTdby regufatlea or,byle*/ a procedutvi under which a nonretained teacher may, ateard Informally by.iiie board _ , -teacher who WO acquired tenure rights is subject to noltrete)n-ibLlowing 80'661 yeartonli for the iblloring causes:
n.
be
Ahe
) integgetency, which is defined as the inability or, the min-e1144-41 failure to parfbrm the..teacher s customary teaching
titpethii minnek,.
s
4
44.
(2) ..imworality, which is defined as the commission of an actwhich, under the laws of the state, constitutes 8 crime involving joralturpitude;
-(3) substantial no compliance with the school lawd of the state,
the regulaticre or bylaws of the department, the bylaws cif the district,or the written rules of the superintendent; or
.
(4) a necessary reduction of staff occasioned by a decrease inschool. attendance.
(Sec 22 ch 98 SI.A 1966; em Sec 1 ch 11 SI.A 1i68: am Sec 13 ch 46 SLA 1970; am Sec ch 144SLA 1975) -
Sec; 11.20.180. Procedure and hearing upon notice of ditmEssal orronretention. (a) An employer shall include in a notification of dismissal of a teacher who has not acquired tenure rifttts, or of nonretentionor dismissal of a tenure teacher, .a statement of cause and s complete bill _
of particulars.
(0) The tenure teacher may. within 15 days immediately following receipt of` thenotification, notify the employer in writing that he requests a h ring before the school bo.1diThetenure teacher may i%quire in the notification that
(1) the hearing be either public or private.
(2) the hearing be under oath or affirmation.
(3) he have the right of cross-examination,
(4) he be represented by counsel.
(5) he have the right to subpoen a a person who has made allegations whiffler* usedas a basis for the decision of the employer.
(c) pon mcmpt of the notification requesting a hearing, theemployer shall immediatelyarrange for a hearing, and shrill notify the tenure teas:her or administrator in writing of the date,time, and 'place of the hearing. A written transcript, tape, or similar recording of the proceedingsshall be kept Vanscribed copies shall be furnished to the tenure teacher for cos) upon his request.A final decitiOn of the school board requires a majority vote of thmembership. The vote shall beby roll tall, The final decision shall be written and contain specific findings of fact and conclusionsof law, A written notification of the decision shall be furnished to the tenure teacher within 10daysof the Mite of the decision.
L(Sec 3a di 92 SLA 1960; Sec 23 ch 9(LSLA 1966; am Secs 2.3 ch 11 SLA 1968; am Sec 14 ch 46 SI.A
1970; am Secs. 16 & 16 ch 124 SEA 1975)
Sec. 14.20.185. Repealed. (Sec 59 ch 98 SLA 1966) t,
Sec. 14.20.190. Repealed. (Sec 59 ch 98 SLA)966)
Sec. 14.20.200. Repealed. (Set 69 ch 98 SLA 1966)
Sec. 14.20.209. Judicial review. If a school board at - -reaches a declaim, sitilivorable to a teacher,. the teacher is entitled to a "de novo trial in the superior court. However, a teeter who has not attained.tenure rights is not entitled to Judicial review according to this section. *
40, (Sect 24 ch 98 SLA 4966; am Sec. I eh 148 SLA 1966; an See. 4 oh n SLA 1968;as Sec 18 ch 124 SLA 1975)
Sec. 14.20.207. Definitions.' In Secs. 10 this chapter '4.4
4(1) "teacher?' reaps a person serving in a teaching, counseling)
or administrative capacity and required to be certificated in order tohold the position;
(2) "employer" sea" the school board or superintendent whichappoints the teacher;
*1
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;,
Of.
i
. .(3) "school year" ludo:lei "school term" if the teacher is No.-
tit
employed ally fbr the period of the school term; ... .
, (4) ,. "oontinu3u.s employment'. means employment which is w
_interrUption except fbr temporary absences approved by the employer its ..,elinlipee , or except fbr the interval between consecutive school terns ifthe teacher Is employed on for'the months of the school term;
.. 54 0a f 4
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1 .
./2.41
(5) "nonretention" means the election by an employer not toreemploy a teacher fOr the school year or school term immediately followingthe eviratich of the teacher's currant contract; and
. (6) "cliendseerneans termination by the employer of the con-tract services of the teacher during the time a teacher's contract is inforce, and termination of the right to the balance of the ccapeneationduethe teacher under his contract. (Sec. 25 ch 98 SLA 1966; am Sec. 15 chji6
SLA 1970; am Sec 19 c 124 SLA 1975)
Sec. 14.20.210. Authority of school board or department to adoptA school board or the department may adopt teacher tenure by
not conflict with the regulations of the department or state law.
(Sec4ch92SLA1960;Sec26698SLA1966)
Article 3. ',Marin,
Section Section220. Minimum teachers'.salary 250. Repealed
scale by area 260. Repealed230. Administrators' salaries 270. Repealed240. Repealed 275. Definitions245. Repealed 40.
4
§ec. 14.20.220, Minimum teachers' salary scale by area. (a) Theschool board of each school district skirl pay a regularly qualified teacheremployed by it a salary not less than that set out in this subsection plusthe regional adjustment& set out in (b) and (c) of this section,
(1) The base salary of a teacher with three years' training is01,000 for a teacher with no school experience in or outside the state.
// Teesalary Is augmented by $200 for each year of school experience in oroutside the state up to and including four years. Thie subsection appliesonly to teachers employed In the state before July 1, 1970.
(2) The base salary for a teacher bolding bachelor's degreeand having the'requiiite number of hoyrs in education Is $9,500. Thissalary is.augmented by the sum,of .04 times the base for each year ofschool experience in the state up to and including seven years. Teacherstransferring experience from outside the state are subject to (e) of s
section.
(3) The base salary for a teacher having a master's degree andthe required number of hours of education is $10,900. This salary Is aug-mented bythe sum of .04 times the base for each year of school. experiencein'the state up to and including 11 years. Teachers transferring experiencefrom outside the state are subject to (e) of this section.
(b) The school board of each school district in the Central area andin election dlArtcts 6 and 11 shall pay the amount set out in (a) of thissection plus five per cent of the base salary. $
(c) The school board of each school district in the Northwest area,In that'part of thcCentral area lying north ofthe Arctic Circle, and inthose parts of'the Southceiitral and Cential Areas lying west of 152 degreesWest,prgitude, excluding election districts 6 and 11, shall pay the amountset out in (a) of this section plus 10 per cent of the base salary.
(d). Repealed b lac. 35 .ch 46 SLA 1970, effective"July 1, 1971.
.(e) For teachers hoidiqg bachelors' degrees not more than six years
of school experience outside the state may be substituted fore like periodof school experience in the state when a teacher's position on the salaryscale is established and for teachers holding master's degrees not morethan 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 post-tion onthe salary scale is established.
42
(f) The salary for ;- certificated substitute teacher teaching in apublic school in the state may not be less than 75 per cent of 1/180th ofthe base salary for the applicable area.
(9) in this section "school experience" means a full -time elementary (,or secondary teacher in a public or nonpublic school as defined inAS 14.25.220(19) and (20). (Sec 37-6.1 ACLA 1949; am Sec 1 ch 69 SLA 1949; am Sec1 ch 104 SLA 1951; am Sec 1 ch 104.SLA 1953;am Sec 1 ch 176 SLA 1955; am Sec 1 ch 179 SLA1957; am Sec 1 ch 51 SL,A 1961; am Sec 1 ch 54 SLA 1963; am Sec 1 ch 160 SLA 1966; am Secs
1,2,3 ch 208 SLA 1968; Secs-1,2 ch 209 SLA 1968; am Secs 16 & 35 ch 46 SLA 1970; repealedand reenacted Sec 1 ch 229 SLA 1910)
Sec. 14.20.230. Administrators' Salaries. School boards of city and borough sdijool districts
and'regional educational attendance areas shall pay a qualified school administrator a salary not less
than the allowable amount for his positiod on the teachers' scale provided in sec. 220(a) (c) of
this chapter, plus
(1) 25 per cent, for the. chief school administrator of adistrkt with an average dailymembership of 500 or more;
(2) 20 per cent for the chief school administrator of a district with an ADM of less than 500:
(3) 15 per cent fora principal or other administrator;
(4) 10 per cent foi an assistant principal.(Sec 3744 ACLA 1949; am Sec 2 ch 69 SLA 1949; am Sec 2 ch 104 SLA 1951; am Sec 2 ch 104SLA 1953; am Sec 2 th 176 SLA 1955; am Sec 2 ch 179 SLA 1957; am Sec 2 ch 51SLA 1961; amSec 2 ch 54 SLA 1963; am Sec 2 ch 160 SLA 1965; am Sec 17 ch 46 SLA 1970; repealed andreenacted Sec 2 ch 229 SLA 1970; am Sec 20 ch 124 SLA 1975)
Sec. 14.20.240 - 14.20.270. Repealed (Sec. 6 ch 229 SLA 1870)
Sec. 14.20.275. Definitions. In sec. 220 of this chapter
(1) "Central area" means that area included within the boundariesof election districts 13, 14, 15, and 16;
(2) "Northwest area" means that area included within the bound-aries of election districts 17, 18, and 13;
em
A 'A3) Ilsctiqheentral" area" means. that area Inc within thebounderieflof elect. on districts 6, 7, 8, 5, 10, 11, and 12;
(4) "Southeastern area" means that area included within theboundaries of election districts 1, 2, 3, 4, and 5. (Sec. 5 ch 160 SW 1560
Article 4. Sabbatical Leave.
Section . ,.
280. Basis of leave.290. Appi i300. _Selocti of teachers310. Amount of sabbatical leave
. - and compensation320. Responsibility of teacher
a
Section330. Positionr tenure340. Military service
leaves of absen345. Leave of absence350. Definitions
and retirementand 'previouscewithout pay
1111
Sec. 14.20.280. Basis of leave. A teacher who has rendered active service for seven or moreyears in a district is eligible Jo/ sabbatical leave. Sabbatical leave may be taken for educationalpurposes only, and for not more. than one school year. (Sec I ch 134 SLA 1962; am Sec 1 ch 62SLA 1964; am Seel cfl' 104 k965; am Sec 27 ch 98 SLA 1966;am Sec 1 ch 168 SLA 1968)
Sec. 14.20.290. Application.. A teacher who wishes to take sabbatical leave must apply tothe governing body of the school district. The teacher must submit information showing his'qualifications for sabbatical leave and a plan for his education during the leave, (Sec 2 ch 134 SLA1962; am Sec 28 ch 98 SLA 1966)
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Sec. 14.20.300. Selection of teachers. (a) The governing body ofthe school district has theresponsibility for selection of the teachersto-be granted sabbatical leave.
(b) In selecting teachers for sabbatical leave, the governing bodyshall consider the benefit.which the school district will derive from theproposed plan of the teacher for educational purposes, the field of studyof the, teacher, the contributions of the teacher to education in Alaska,and the seniority of the teacher. (sec. 3 ch 134 SLA.1962; repealed and.reenacted Sec.. 29 ch 98 SLA 1966)
Sec. 14.20.310. Amount of sabbatical leave and compensation. (a)(
Thenumber of teachers eligible for sabbatical leave which m %y be allowedunder secs. 280 - 350 of this chapter is as follows:
(t) not, more than one-half of one per cent of the total numberof teachers from all borough and city school districts and the state.operated school district may be an state-supported sabbatical leave inany year;
dl any A hernumber of teachers may be on sabbatical leave at schooldistri e personal expense.
(b) Atteacher on state-supported sabbatical leave is entitled to'one-half his base salary to be paid by the department.
(c) A teacher on sabbatical leave at district expense is entitled' to an amount of salary to be determined by the school board. (Sec. 4ch 134 SLA 1962; am,Sec. 3 ch 104 SLA 1965; am Sec. 30 chk9S SLA 1966;am Sec. 2 ch 168 SLA 1968)
1
Sec. 14.20.320. Responsibility of teacher. Upon the return of a-teacher to his teaching position, the teacher shall make a report to thegoverning body concerning his,educationel accomplishments. A teacher whodoes not serve for at least a full year after his return shall refund tothe district, if the sabbatical leave was at district expense, or to theboard of state-operated schools, if the sabbatical leave was state supported,money paid to him under sec. 310 of this chapter unless his failure toserve a full year after return is attributable to sickness, injury ordeath. (Sec.'#ch 134 SLA 1962; amSec. 4 cif 104 SLA 1965; am Sec. 31ch 98 SLA 1966; am Sec. 20 ch 46 SLA 1970, effective July ). 1971)
Sec. 14.20.330. Vositi enure; and retirement. (a) Unless itis otherwise agreed, a teacher sabbatical leave shall returnto the position which he occupied before he left. / -
(b) A sabbatical leave is not an interruption of the continuous
-service necessary tq.attain or retain tenure under sees. 150, 155, or 160
Of this chapter. However, the time, spent on sabbatical leave may ht becounted in determinimwhen:a teacher has sufficient, service to enable him,to acquire tenure rights.
(c) A sabbatical /ig.e is nbt a break in service for retirement pmr-&sea. Payment into theretirement fund shall .be made on the basis of full
1966)salary. (Sec. 6 ch 131t SLA 19624-repealed and reenicteb Sec. 32 eh 98 SSA
See, 14.20.340. :Military service and previous leaves of absence. Tbdetermine eligibility, for sabbatical leave tounrof military service andleave of absence granted befbreaull 1, 1963, are not censid-ered years ofservice. (Set. 7 oh 1.311 SLA 194; am Sec. 2 ch-62SLA 1964)
Sec. 14.213.345: Leave -of absence without pay. (a) A teacher maybe grantees a lea of absence without pay for the purposes which may beapproved by the verning body of the districtif
- -
( his application is approved by the governing:body f the
district;.4
4
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5;,
mor
4
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4 , -
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(2) he agrees to return to employment in a public school notlater than the beginning of the school year l'011Crerlrig termination of theperiod for which the leave of absence was granted.
(b) A -leave of absence is not an interruption of the continuousservice necessary to attain or retain retirement or tenure rights according ..
' to secs. 150, 155, or 160 of this chapter. However, the time spent onleave of absence may not be counted in determining when a teacher hassufficient service, to enable him to acquire retirement or tenure rights.
(c) The leave of absence is not a break in service for retirenetitpurposes.
..
.(d) The governing body of the district may agree to continue the'teacher's retirement contributions if the teacher agrees to pay the required
' seven per cent of the salary he would have received during his leave of .absence and reinburse the district for the district's reqtdred-retirementcontribution. Each year of leAve of absence then would count. as a year,of. -'retirement service.
(e) The governing body of the district nay advance the teacher on. the district salary schedule when he returns to employment if the governing
body determines that the teacher's leave of absence was educationally orprofessionally beneficial tcc'the teacher or the district.
(f) A teachet may make contributions to the retirement fund for each. - yeat or pottion of a yeat of leave of absence taken. The contribution shall
include the tequired pet cent of the salary be would have teceived had henot ken the leave of absence, plus the required employer and state cow-ttib one that would have'been made. Compound interest at the rats pew.sctib d by regulation shall be added as computed from the beginning dati ofthe leavenf absence to the date the teacher pays the contribution. (Sec. 5ch 104 SLA 1965; am Secs. 33. 34 cp 98 SLA 1966; am S7. 1 ch 44 SLA 1971; amSec. 1 ch 184 SLA 1972; am Sec. 2 ch 99 SLA 1974)
t
Sec 14.20.350. Definiticre. In sec. 280 350 of this chapter
(I) "teacher" means a certificated member of the teaching,supervisory. or administrative corps in e public schools of the state;
(2) "department" means thech 134 S1A 1962)
53.
.11
of Education.. (Sec. 8 .
4
I
1
. I
Article 5. Professional Teaching Practices Act.
SectionTeaching profession
380. Creation of a commission390. Appointment and qualifications400. Composition of the commission410. Aelection of members420. Term of office430. Dismissal
45
Section440, Reimbursement450. Responsibilities of commission460. Duties of commission470. Powers of commission475. Applicability of the Administrative Procedure Act 46480. Effect of standards
-500. Support510. Short title
Sec. 14.20.370. Teaching profession. Teachers required by Alaska law tobe certificated, ins ors in institutions of higher learning, school admifstra-.
tors, school pro am administrators, and school counselors are within thq,teach-ing profession. See. 35 ch 98 SLA 1966)
Sec. 1.4.20.5$0. Creation of atarnmission. There is a commission of pro-fessional educators known as the Professional Teaching Practices tortunission.(Sec. 35 ch 98 SLA 1966)
.Sec. 14.20.390. 'Appointment and stialifications. The commission consistsof nine members appointed by the governor and confirmed by amajority of themembers of the legislature in joint session. Each member, in addition to havingbeen,attively engaged in the teaching profession for at least five years immedi-ately preceding his appointment, AM be a citizen of the United States and a*resident of the state. (Sec. 5 ch 98 SLA 1966)
Sec. 14.20.400. Comp ition of the commission.of the following members:
11) five classroom teachers;
(2) one principal;
(3) one superintendent;
The commission consists
(4) one representative of the office of the commissioner ofeducation;
(5) tative of an Alaska institution of higher learning.(Sec. 35 ch 913 196
lec71.4.20.410. 'S ction of members., (a) Members of the commission.shall be *Ideated as follows:.
(1)' the five classroom teachers from lists of navies submittedby recqgidzed Alaska teachers organizations, each list not to exceed 12names; however, in lieu 'el one of the five, .one classroom teacher shaybe selected from a list of not more titan four names signed and submittedby not less than 25 teachers Who have no affiliation with any organizationqitalified to submit nomination lists, with the limitation that no teachermay sign more than one list in year;
(2) the principal from aof thize names.subrnitted by theAlaska Principals Association;
(3) the superintendent from a list of Three names submitted bythe Superintendents Adyzsoiy, CoMmission; oh
'or the reproknitat* of the office of the commissioner ofeducation froz&a.liet,of three names submitted by the commissioner;
..
o
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Sy
ti
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(5) the representative of an Alaska institution of higher learning from lists of nalYsubmitted by Alaska institutions of higher learning, each listitet to exceed three names.
1b) The lists shall be submitted to the coinmhsioner who shall submit them as a group to thegovernbr's office.
(c) At least 30 days before a position on the commission is due to become vacant, thechairman shall cause notice of theimpending vacancy to be published' and to be conveyed to eachorganized groa0 eligible to submit a list of nominees. (Sec 35 ch 98 SLA 1966)
Sec. 14.20.420. Term of office. (a) The term of office fbr each member of the commissionis three years and until a sucessor is appointed, except that members of the first commission shall beappointed as follows: three members for one year, three members for two years, and three membersfor. three years Members' of the first commission shall draw by lot for the initial term ofappointment -
(b) Vacancies shall be filled by 'appointment by the governor for the unexpired term.
(c) NO individual may, serve more than a total of two 3year terms.
(d) 'The commission shall Sect a chairman from among its members. (Sec 35 ch 98 SLA1966) 1966)
I
# Sec. 14.20.430. Dismissal. Any member may be removed by the governor for misconduct,malfeasance or nonfeasance in office, or Iniapacity. (Sec.35 ch 311SLA 1966)
410
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Sec. 14.20.440. Reimburgement. Members of the Commission shall receive per diem accordingto law and are tobe,granted administrative leave with full pay by their employer for time spent inthe performance of official duties undeecs. 370 510 of this chapter. If a member is requiretto.spend more than18 days in a fiscal year in the petformance of his official duties under secs. 370 --510 of this chapter, the _state shall reimburse the employer for costs incurred after the 15tday. (Sec 35:ch 98 SLA 1966; Sec i ch 4 SLA 1975)
.. ...,
,.... -A A , Sec. 14.20.450. Responsibilities of commission. (a) The corninissiiirr,
shall have the initial responsibility of dev-doping, through thi4eaching professional_..criteria okprofessional practices in areas including? but not liiiikad to: -.:...-, ,
../ ....(1) etbi,cal and professional perforrogfice; '' . ....
4 e 4-, ,
* preparation' ). . -... .-(2) preparation for and cOntinuance in.:professional services; and
... .
contractual obligations?' (Soc. 35 qh 913,SLA 1966) '-....-.
1
(3),
Sec. 14.20.460. Duties of ccl ion. The Commission4hall
.., (1) establish procedures, and-adopt rules, to implement the pur-poses of secs; 370--510 of.this_chapter; , ,
. .
(2) conduct investigations and hearings on alleged violations ofethical or professional teachingpoxforrnance, contractualobligations,and professional teachin4roisconduct; .- ,
(3) review the iregulations of the depatznent as they relate toteacher certification and recommend necessary chaff es;
A
(4) review the decisions of the department-regardinifft-Irissuange or &nisi of cottificates and in its discretion recommend-4reverial:of decillion. 04 t.6t 98 SLA 1966). t
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pe.
a.
la.
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Sec. 14:20.470. 'Powers of commission. , The commission may
(1) study proposals developed by regular committees of anyexisting professional organization whose members are within theteaching profession;
(2) subpoena witnesses, place them under oath, and maintainwritten 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 ofthe reasons set out in sec. 30 of this chanter except that in the case of an administrator, thecommissioner of education must concur; (am Sec 2 ch 103 SLA 1976)
(5) make any recorinnendation to the board or to schoolboards which wall promote an improvement in the teaching prof essios*
(6) request assistance through any of the investigative pro-cesses of any existing professional teaching organizations whenanalyzing charges of breach of ethical or professional teachingptactices;
(7) appoint an executive secretary, delegate chose tainiste0s1functione to him as the chsvaission nay decide and set, his cotoperfsa-tion with a starting 84'1449 not, exceeding range 26, step 8 ofAS 39.27.010.
(b) A decision Issued by the commission with the approval of the commissioner ofeducation under(a)(4) of this section is final.
(Sec 35 ch 98 SLA 1966; am Sec. 1 ch 77 SLA 1972; am Secs 3 & 4 ch 9 SLA 1975)
Sec. 14,20.476. Applicability of the Administrative Procedure Act The AdministrativeProcedure Mt (AS 44.62) applies to regulations and proceedings ender secs 370 510 of thischapter. (Sec 5 ch 9 SLA 1975),
4*
Sec. 14.20.480. Effect of standards% .Members of the teaching pro-, fession are obligated to: abide by the professional teaching standards
adopted by the sonmissitz4 (sec. 35 ch 98 mit, 1966)
sec...14.20,500. Support. Ii addition to available- state funds, the.cothedssion &tall also be financed by members of the profess' in accordancewith regulations promulgated by'the department ittclincrease in the fees for certificates. (Sect 35 chdi 73 SLA 19733 .
if necessary, anan Sec. 1
Sec. 14.20 . 5i0 . Short title. Sees . 370--510 of this chap ter shallbe known as the Professional Teaching Practices Act. (Sec. 35 ch 98-SLA ,1966)
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. Article 6. Negotiation and mediation.
550. Negotiation with 'Certified Employees555. Optional Coordinated Employee Negotiations560. Teachers bargaining groups70. Mediation board580. Duties of mediations board590: Grievance procedures600. Individual cases610. Legal responsibilities of boards
S.C. 14.20.550. Negptiation with-tertificabrd Employees. Each city, borough and regionalschool board. shall negotiate with its certificated employees in good faith on matters pertaining totheir employment and the fulfillment of their professional duties.
(Sec 1 ch 18 SLA 1970; am Sec 3 ch 71 SLA 1972; am Sec 21 ch 124 SLA 1975)
Sec. 14.20.565. Optionel Coordinated Employee Negotiations. (a) Negotiations between thecertificated employees of the regional educational attendance areas and the respective regionalschciol boards shall be conducted by one team representing all the certificated employees, one teamrepresenting all the certificated administrative personnel If they have Joined together to negotiateindependently as provided in sec. 560(f) of this chapter, and one team representing all theparticipating regional school boards.
(b) Each teem may consist of as many members as there are regional school boards. Eachboard is entitled to one member on the team. However, each negotiating team shall consist of notless than five members.
C.
(c) A regional Educational attendance area board may by resolution choose to conduct itsown negotiations in accordance with sec. 550 of this.chapter.
(Se:22ch 12451.01975)
Sec. 111.20.560. .Teachers, bargaining groUps. (a) When a majority,,of the certificated employees in a school district have
Whenan
educational organization of their odn choosing to bargain for them, theorganization shall be recognized by'the school board as the bargainingagent for all the certificated staff, except superintendents of schools.The membership of any such recognized educational organization shall becowpoged principally ot those employed in the teaching profession in'Alaska.
(b) She organization representing a majority of the certificatedemployees of a school district shall, upon the request of the school board,submit an affidavit verifying. that it does represent a majority of thecertificated employees. Recognition of thi employee bargaining agercy bya school board is valid far one year or a term agreed upon by the twoparties to an agreement, unless a majority of certified staff votes to
request the termination of recognition of the employee bargaining:agency;The school board is entitled to en affidavit of membership from the employeebargaining agency once each year.
(c) Upon the request of 25 per dent of the certificated employeesin a district, the school board shall hold, within 20 days, an election bysecret ballot of all the certificated employees in oriel. to determine theirchoice of a bargaining agency. The results of this election are bindingfor one year.
(d) A school board shall, upon the written request of the e loyeebargaining organization, meet with the representative of the o @wet/on
vw i t h i n -.
upon. In the same manner, representatives of an employee banal organi-zation are required to meet with a school Mari or its representativevwithin. 20 days after receiving i written request. The school board and theemployee organization may not select more than five representatives each tonegotiate for thpm.-
(e) The-negotiating meeting niy be held in executive session uoon
mutual agreement of both parties, but all final agreements shall.be.madeat a public meeting of the school board.
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(f) Nothing, in this section shall be construed to :prevent certificated administrative personnel groupi, including principals and assistantprincipals, from having the right to negotiate independently of the othercertificated personnel if they choose to do so as the result of a secretballot. (Sec. 1 ch__1tSIA_1970; am Sec. 3. ch 113 SLA 1971)
Sec. 14.2%570Mediation. (a) Upon the written request for mediation by an employee_bargaining agency or a school board, and upon certification by the requesting piKty that the partiescannot agree on an independent private mediator and that.good faith negotiations have terminatedin an impasse, the following =UM
-
(1) Within seven days of the certification the requesting party. shall ask the UnitedStates Federal Mediation and Conciliation Service to serve as the agency to replye the dispute.
(2) The-mediator shall chair all mediation meetings between thedisputing parties and'''.attempt to resolve the differences between the disputing parties and reach common acceptance of
terms and conditions or other items in dispute wherever possible.
(3) Within 30 days of the initial meeting of the parties to the dispute the mediator shallhave reduced all the agreed terms, conditions and other items to a written contract. If mutuallyagreed the period for reporting the contract to both parties may be extended.
(4) Each party to thedispne may select a team of not more than five persons to presentthe evidence, thinking and position of the group they represent, to the mediator.
4
(b) If the mediation meetings are held during the school day, teachers representing an --employee bargaining agency shall be released from classroom or other assigned duties withoutpenalty or loss of pay.
0.. '
Sec. 14.20,580. The Mediation Report. (a) Within 10 dais each party to the dispute shall
accept or reject in total the mediation "oft
(b) if rejected by either party, the mediator shalihave an additional five days to review the
objections and prepare a final report.
(c) If the final report is rejected by either side, the 'governor may appoint an advisory
arbitrator to review the issues and make recommendations for solution. (Sec 1 ch 18 StA 1970:am
Sec 2 ch 201 SLA 1976)
Sec. 14.20.590. -OrlevinceProcedures. Negotiations agreements executed after the effective
date of this Act shall define "grievances" and provide for grievance procedures for the certificated
staff, The grievance procedures shall provide that the final step in the procedure shall be bindingarbitration. The negotiations agreetneat,shall.proviae a method for the selection of an arbitrator.
(Sec l'ch 18 SLA 1970; am Sec 3 ch 201 SLA 1975).
4
Sec. 111.20.660. Individual cases. Nothing in secs. 550,-: 590 ofthis -chapter prohibits"sn employee from addressing a school board, as anindividual, through the ,regular mpceclures of the school board for hearingindividual cases. (Sec. 1 ch 18 MA 1970) ;
Sec. 111.20..610. Legal respasibilities-Of boards. Nothing insecs. 550 600 of this chapter, tray be corestrued as an; abrogation or delegation of the legal responsibilities, powers, and duties of the schoblboard including, its right to Doke final declaims on 'policies. (See. 1ch 18 SLA 1970)
.
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6
`Article 7. Interstate Agreement .
On Qualification of Educational Personnel.
Section620. Entry into agreement0: Terms and provions of,
agreement
r
' Section640, Designated state official to
make contracts650. Filing and publishing of contralto
31.
Sec. 14.20.620. Entry into agreement. .The InterstateAgreement onQualification of Educational Personnel is enacted Into law and entered intoin behalf of the Skate of,Alaska with all other states and jurisdictions'legally joining in it In a form substantially as contained in.sic. 630 ofthis chapter. (Sec. 1 ch 83 SLA 1970) .
Sec. 14.20.630. Aims and provisions of agreement. The terms andprovisions of the agreement referred to in sec, 620 of.tles chapter are asfollows:
t
.
,.Interstate Agreement onQualification of Educational Personnel
Article I. Purpose, Findings, and Policy.
(I) The states party to this agreement, desir ing by:Common action toimprove their respectlye school systems by utilizing the teacher-or other=professional educational person wherever educated; declarethlt.it is the.policy of each of them, on the basis of cooperation with one' another,'take.advantage of the preparation and experience of such persons wnereyergained, thereby serving. the best interests of society, of education; andof the teaching profession. It is the purpose of this agreement to providefor the development and execution of-such programsdf,coopeV.ation as will ..".
facilitate; the movement of teachers and other profetironal educationalpersonnel among the states party to it, and to authorlaq specific inter..state educational personnel. contracts to achieve that end.
(2) The par ty states find thatIncluded in the Arge inovaident ofPopulation among all sections of the nation are many 08110'64 educationalpersonnel who move for family and other personal romps but who arehindered In using their profeisidnal skill and exeeriehceinqherir new.locations. Variations from state to state.inrequirements for.qualifyingeducational personnel discourage such personnel tree taking the stepsnecessary to qualify In other states. As a consequence, a Significantndmber of.professionally prepared and experienced educators is lost to ourschool systems Facilitating the eeployment of.qoallfiadeduCational per-sonnel,!withouereferdace to their states of origin, can inchase theavailable educational resources. jacticipation in this 4mpact can increasethe availability oreducational manpower.
e '
Article 11. Definitions.
As used in this egreement and contracts madeepursant to it, unless.,.
the.cantiqt clearly'requires.otheraise;.
\.-. ....
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(1) "Educational ierionnel",paes'liersons who must meet requirements.
. .,, PPrsuant to ,skate Jaw.as 0 condition of employment In educational programs.
(2).'"Oesignated state *Halal" means the education official of astate selected by that state to negotiate and enter into,.on 'behalf of hisskate, contracts puisuantio.thls *element.
. '''' .:a ...
, (I) "Aecepe, of Any variant, thereof, means to recognize eld.give' effect to one ocpRre daterhIliatkins of another state relating to thequatificationdra educationalucational personnel in lieu of making ot,requiring alikes determination that would otherwise be required byor purudant to thelaws of areceiving state.
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. (4) "State" means a state, territory, or possession of the UnitedStates; the District of Columbl he Comnionwealth of Puerto Rico.
(5) "OrIginating,state" means a s tew-(and the subdivision thereof,if any) whose determination that certain edtoational personnel are quali-fied to be employed for specific duties in schools is acceptable inaccordance with the terms of a contract made pursuant to Article III.
' (6) "Receiving state" means a state (and the subdivisions thereof),which accept educational personnel In accordance with the terms of a con-tract made pursuant to Article
Article 111, Interstate Educational Personnel Contracts.
(1) Thejesignated state official of a party state may make one ormore contract on behalf of his state With one or more other party statesproviding for the acceptance of educational personnel. Any such contractfor the period of .its .duratfon shall be applicable to and bindingon tpestates whose designated state officials.enter into it, and the subdivisionsof those states, with the same force and effect as if incorporated in thisagreement. A designated state official may enter Into a contract pursuantto this article only with stitei in which he finds that there are programsof education, certificationIstandarOs or other acceptable qualificationsthat assbre preparation or qualification of,educational personnel on abasis sufficiently comparable, even though not identical to that prevailingin his own state. .
(2) Any such contract shall provide for:
(a) Its-duration.
(b) The criteria to be applied by an originating state inqualifying educational personnel for acceptance,bya6recel4ing state.
..
-:(c) Such Waiversdsubstitutions, and conditional acceptances as.
shall said the practical effectuation,of tht%contracowithout awililtfice ofbasic educational standahls. Fr",
. .
.4.
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4,-. (d) Any °the,'" necessary matters.
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(3) No contract made pursuant to thi:'s.agreement shall be for_alonger thah'five years but any such contract may be renewed forlike or
, lesser..periods. <.
(4) Any contract dealing with acceptince of educational personnelthe basis of their having completed an educational Program shall,specify
. the earliest date or dates, on which originating state approval of the pro-. graor programs involved can have Occurred. No contract made pursuant
to this agreement shall,require icceptance by a .ridelvino state of anyperions, qualified because of successful' completion of ...program prior to.January 1; 1954.
NSv
(5) The certification or other acceptance-of a person-who has been-.
accepted porsant to the terms of a contract shall not be revoked or-.otherwise impaired because the contract hbs emilrel or been terminated.
m"' howeveriAny certificatiar other qualifying document may be revoked or'suspended on.anggtound which would_besuflicient for revocation or sus..
..pension'of acirtificate'or other qualifying docummt initially granted_or akroveljn:the raceivinCstate.
wt(6) A contract committee composed of the designated state officialsof ihe contracting statestof their representatives shall keep the contractunder continuous revie;t, studyneans of ,Improving ids administration, and
. report no less frequently than ante -a yap' to the heeof the appropriateeducation agent-1,20f thecdntricting static.
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. Article IV. Approved and Accepted Programs.
1) .Nething in thit agreement shall be construed to repeal orother-wise ify any law-or regulation of a party stet, relating to the approvalof pr .g ams of educational preparation having effect solely on the quail-fica ion of educational personnel within that state.
(2) To the e xtent that contracts made pursuant to this agreement dealwith, the educational requirements for the proper qualifitotion of educa-tional personnel, acceptance of a program of educetiodal preparation shallbe in accordance with such procedures and requirements as may be provided
. In .the applicable contract.
Article V. Interstate Cooperation.
"-The party states agrea,:tWat!
(I) They will, so far as practicable, prefer the making of multi-/lateiai contracts pursuant,to Articie.Ill of this agreement.
(2) They will frkilitate and strengthen cooperation in interstatecertification'and other elements of educational personnel qualificationand for this, purpose shall cooperate with agencies, organizations, and
. associations interested in certification and other elements of educationalpersonnel
Article VI. Agreement Evrauation.
'the designated state officials of any party states may meet from timeto time as a.grpup to evaluate progress under the agreement, and to
, laletrecommendations for changes.
.N- . .
.4 . Article VII. ',Other Arrangements.
.?nW-it , :: - :.4 It±
. . ..:.,.,..
'..4 0... NOthing.in this agreement shalibe construarto prevent pr inhibitother, errangements or practices of any party state or states;to familit e
. .
the,interchapgetof educational personnel. '.,
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...--.. Article Vill. Effect and withdrawal.Zi:K. . -
. ' i) This agreeMent shall become effective when enacted into law by%. .
0a--states.'Thereafter It shall become effective as to any state upon its,.iZ'..4. -initotOtrit orthis agreement. .
k. . . .
..., '' .
. 1 'Z'124S. Ally party state may withdraw froOhis agreement.by.enacting_a...istebuterepealleg the same, but no such withdrawal shall take effect until
ene.904r2after -the governor of the withdrawing state had given notice in'Writinsd the ivithdriWal to the governors of albother party states.
(3):.:.11t f4 11411No w tWarralfelleve the withdrawing state of any oblige-tide imposed upoif lt,6y4contract to which it is a party. The durationof contracts and the methdds, and conditions of withdrawal therefromhallte'tftioespecifted 1 t .terms.
, :.. ..- ..
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a
.0,, ., Arad IX. \ Construction and Severability.
This agreement s allebt Liberally construed sOliirto effectuate theurpesathartaf. 'The proOstons of this agieeMent shall be severable
And 4f,df!Y Orate,. misuse, sentence, or provision of this agreement isdeclared-tab wcontir0 to the constittition of arkstate or of the United
States, or tilb.emplicitinn thereof tojny government, agency, person, or .Oiriumstancell heti levadtd, the validity.of the remainder of this agree-
, .meot.end the *Mobility thereof to any government, agency", person, or
stance shall not ,pteffected thereby. If this agreement staJi be.
:',... . '.. .
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held contrary to the constitution of tny state participating therein, theagreement shall remain in full force and effect as to the state affected
'e as to all severable matters. (Sec 1 ch 83 SLA1970)
1 "Sec. 14.20.640. Designated state official to make contracts. The'r' designated state official to make contracts on behalf of the state'according
'to Article Ill of the agreement shall beythe tomaissioner.of edocation.(Secich.83SLA1970)
Sec. 14.20.650. FAling and,publishing Of contracts. True copies ofall contracts made on beht4f of this state according to the agreement shallbe kept on file in the office of the commissioner of education and in theoffice of the secretary of state. The Department of Education shall publishall the contracts in convenient form. (Sec. 1 ch 83 SLA 1970)
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Article
1. Teachers'...
..
Chester 25. Teachers Retirement.
a.
Rettresient System (Sec. 14.25.010 - 14.25.220). -
Article 1. Teachers' Retirement System.
Section10. retirement ayetewestablished20. Powers of the administrator22, Regulationsz10. Duties of the administrator'
35. Teachers' retirement board
40. Memberbbip45. Participation by National
Education AssociatiqaEnployeea,
50., Contributions by teachersSupplemental contribution by
a- teacher .
60. Arrearages .
6S. Transmittal of contributions70. Contributions by employer$0.. Contributions by the state.
90. Repealed100. Credit for service in the
armed forces
110: Eligibility for service
retirement "115. Unused sick leave credit
120. Manner qt comguting sericiteretirement salary
125. Conditional pvice retirement
benefits
SecNon130. Eligibility for disability retirement
130. ENgernwiretiminentbenefits
1311, Clehenxivesteiretirementtenefit
1387 .Notificationofintentiontoretire
140. Manner of computing dis-1ability retirement salary
142. Cost of living allowance149. Post retirement pension
adjustment145. Interest on individual accounts150. Payment on withdrawal from
system160. Payment upon death of teacher162. Survivor's allowance164. Spouse's pension168. Medical benefits169, Ouplicate benefits170. Administration180. Custody and investment190. Actuarial evaluation of the
retirement fund200. Exemption from taxation.and
process205. Time limit tir application210. Penalty for' falpe_stetements220. Definition of terms
Sec. 14.25.010. Retirement system established. Ajointretirement system for teachers of the state is created., (SecSLA 1955; am Sec. 1 ch 89 SLA 1960)
contributory
. 1 Bch 1491'
Sec. 14,29.020, Powers of the,admlnistrator. (a) The administratbrmay *
4.
(1) promulgate and issue appropriate regulatiOns having the , a
-force of .1ew t.0 implement th's chapter and to cove* matters not express'? .
touched upon or anticipated but implied by this chapter; : .A
2) make expenditures Mai the retirement fund necessary toadminister this chapter..
(b) The administrative expenditures permitted bt'(a) (2) ofthis. .
section shall be included in the governor's budget for each fiscal yearand are subjeCt to'approptiatlon by the legislature., '(Sec. 4 ch 1A5SLA t i955;r Sec. 2 ch 142 SLA 1957; am Sec. ch as SLA 1963), *.c.
Sec. 14.25.022. Regulationi. Regurations .proaplosted by thekadminisunder sec. 10 - 220 Of thls chapter relate to the ititurriellienagin:
wit of a state agency end their adoption is not subject to the°Administrative Procedure Act.(AS 44.624. (Sec. 1 ch 13 SLA 1969)
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Sec. 14.25;010. Duties of the-administrator. The administrator"...
shall' .
(1) establish and maintain en adequate system of accounts forthe retirement fund;.. I
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(2) approve or disapprove claims for retirement salary;
(3) keep an official record of all proceedings;
(4) publish annually a report showing the financial condition of the retirement fund;and
(5) do vhatever else may be necessary to carry out the purposes of this chapter. (Sec. 4ch 155 SLA 1955; am Sec 2 ch 14VLA 1957; am Sec 3 ch 89 SLA 1960)
41Sec:14.25.035, Teachers' Retirement Board.o -(a) There is established the Alaska Teachers' Retirement Board consisting of five members
appoirrtet117, liregovernor -fur overlapping three-year terms. One member shall be a resident who isreceiving retirement benefits Ender this chapter, Statewide teacher qrganizations may submit to thegovernor a list of recornmended,nominees to serve on they board. (am Sec 1 ch 61 SLA 1972)
(b) Members of the board serve without cOmpensatth except that each member may bereimbursed for actual and necessary expenses at the rate established in AS 39.20.180.
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(c) The. board shall confer withethe commissioners of administration and revenue regardingthe administration an0 the-investment policies of themTeachers' Retirement Fund and may makesuch recommendations to them'as they consider necessary,
(d) The board shall be furnished reports relating to the condition and administration of therehrerrielt fuhd which shall be distributed for the information of the members of the system.
(e) The board shall serve as an aqpeal board and shall hold hearings at the request of anemployer, employee, or any beneficiary- ih regard to rulings or decisions made by the administratorof the teachers' retirement systde. The boajd shall submit its findings to the administrator. Theboard shall hold annually one or wrote public hearings to discuss proposed changes in the teachers'retirement systeM and to consider .and adopt resolutions which might apply to this system.(Executive order no. 26, S LA 1964; am Sec 2 ch-85 SLA 1'969)
(f) The board shall meet at the 4114:4 the chairman, any three members, or at the request ofthe commissioner of administritiona,
(g) Expenses for the board and ati10 shay be paid from the teachers' retirement fund,(Executive Order No. 26,Si-A 1964p4s. 3 c)it*LA 1969; am Sec 1 ch 61 SLA 1972)
-b.
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See. 14.2040. Membership
A teacher or member contracting for service with a participating employer is subject to thischapter. (Repealed and fie-inacted Sec 1 ch 169 SLA 1976)
See. 11.25.045. Participation by National Educe Association Employees.' .
0
r 01 (a) An erriploikt..41grrner employee of the Nati al Education Associatra of Alaska mayparticipate in the rell(rikOg under this chapter if.
: ..r. :. Aistemtnployee possesses or is eligible to possess a teacher(1)...itk-4. ,
1 1 4/10St 4
sr........ *. ti.r.7ilq..' '.. r. : iL''.(:-
...:\, i *.,,r4,:er.L., IS ''..:1-C.1.4-_.I.),! M. j711'V, Illre for which retroactive contributiqns may be
V:27N-`-..- . ..:,, 2... ,,.......e, ,at employment with the National Education
i' -1-1'W ''' N, . . . ,Ii.!.,- .11,4, '1/4.
am Secs 1-lic 2 ch 9r1112% 1975)
or the N'alonal Edycation Association Alaskamade under this chapter.
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Sec. 14.25.050. Contributions by teachers. (a) Beginning July 1, 1970, each teachershall contribute to the retirement fund an amount equal to seven per cent of hislase salary accruedfrom July 1 to the following June 30. The contribution shalt be dedudedtiy the employer at theend of each payroll period. .
(b) Each teacher is entitleepto receive credit f?r unrefunded contributions paid into theretirement fund of 1945. (Sec. 6 ch 145 SLA 1955; am Sec. 4 eh 89 SLA 1960; am Sec. 3 ch 78SLA 1982; am Sec. I ch 84 SLA 1969; am Sec, 1 ch 138 SLA 1970; am Sec. 1 ch 124 SLA1977)
Sec. f4,25.055. Supplemental contribution by teachers. If a teacher is married or has aminor child and wishes to make his spouse or minor childeligible for a spouse's pension or a survi-vor's allowance. he may elect to make a supplemental contribution of an additional one per cent ofhis base salary within 90 days of his entry into participation in the system, or within 90 days ofhis marriage, or within 90 days of the birth or adoption of a child dependent upon him, or duringany open enrollment period authorized by the Teachers' Retirement System Board, (Sec, 2 ch151 SLA 1966; am Sec. I ch 45 SLA 1967; am Sec. 2 ch 84 SLA 1969; am Sec. 2 ch 138 SLA1970; am Sec. 2 ch 66 SLA 1973; am Sec. 2 ch 128 SLA 1977)
Sec. 14.25.050. Arrearage indebtedness, .(1) If a member joined the system before July 1,1977 and has creditable outside service, or if a membef has military service or Alaska Bureau ofIndian Affairs (BIA) service. the member is indebted to the re tirernentlund as follows:
..... .(I) At the time of first becoming a member of the system, the arrearage. indebtedness is
seven per cent of the base salary' multiplied by, the total number of years of creditable °Wilde,military and Alaska BIA service. Compound interest at the rate prescribed by regulation shall beadded to the arrearage indebtedness beginning July 1, 1963, orat the time of first becoming em:
. , ',toyed as a member, whichSeer is later,.to the date of payment or the date of retirement, whichever occurs firstA, .." . ' ;
(2) .If a member terminates gem the system and is subsequently reemployed as a member.the arrearage indebtedness to the retirement fund for outside, military, or Alaska BIA serviceaccumulated in the interim is seven per cent of the base salary upon reentering membership service,multiplied by the number of years of interim outside, military, and Alaska BIA service. Compoundinterest at the rate prescribed by regulation shall be added to the arrearage indebtedness beginningJuly 1, 1963, or the date of reemployment as a member, whichever is late, to the date of paymentor the date of retirement, whichever occurs first.
.(b) if a member joins the system on or after July'l, 1978 and has'creditable outside service, themember may dab.; this service. If claimed, the member is indebted to the retirement fund as follovis:
(1) The arrearage indebtedness is the full actuarial cost of providing benefits for the service1 being claimed. Compound interest at the sate presecribed by regulation shall be added to the
arrearage indebtedness beginning the date the actuarial costjs established to the date of payment orthe date of reirement, whichever occurs first.
(2) If a member terminates from the system and is subsequently reemployed as a member.the arrearage indebtedness for outside service during the interim 'is the full- actuarial cost of pro-viding benefits for the interim service being claimed. Compound interest at the rate prescribed byregulation shall be added to the arrearage indebtedness beginning the date the actual cost isestablished to the date of payment or the date of retirement, whichever occurs first.
(3) A member who loins the system on or after July 1. 1978 and claims Alaska BIAservice is exempt from (1) and (2) of this subsection with respect to that service: His arrearageindebtedness for the AtaskikBlA service shall &calculated under (a) of this section. However, sucha member may claim no more than five years Alaska-BIA sery ice. Tads paragraph does not apply to amember who has, at the time he elaims Alaska INA service, a vested military or federal retirementbenefit. A member who acquires a vested milit4ry or federal retirement benefit after claimingAlaska 8IA service under ;this paragraph shall have his arrearage indebtedness for that servicerecalculated under ,(1), or (2) of this subsection, as appropriate. 'retroactive to the date he claimedthe service. (am Sec 14 ch 136 5LA 1978) N
1."(c) The total military service claimed may not exceed five years. The combined total of outsideand military service, may not exceed 10years, except that, if entry into the mined forces is immall.atety preceded by membership, service and within one year after discharge is continued by member.Ship Senlice, that service will not be counted for'purposes of determining the applicability of the11)-year linsitation on the combined totorcf outslde,and servke.i The combined total of
'1 V %
57-
outside, military, and Agee:131A service may not exceed '15 years. (Sec. 7 a 145 SL.A 195;am Sec. 3 ch 142 SLA 1957; afro Sec. 5 ch 89 SLA 1960; am Sec. 2 ch 86 SLA 1963; am Sec. 11
`ch 70 SLA 1964; am §ecs. 3,4 ch 151 SLA 1966; am Sec. 2 ch 76 SLA.1968; am Sec. 34,4 ch 38SLA 1970; am See. 3 ch 66 SLA 1973; am Sec. ch 128 SLA 1977)
Sec. 1425.051. Retroactive Indebtedness. . (a) A member who was not subject to theprovisions of this chapter, but who becomes subject to them because of a legislative change, mayelect to receive credit for retroactive creditable service by contributing to the retirement fundan amount equal Whit contributions he would have made had he been subject to the provisionsof this chapter for those years of creditable service after June 30, 1955. Retroactive contributionsare not required for creditable service before July 1, 1995. Compound interest at the rate pre-scribed by -regulation shall be added to the retroactive indebtedness from July 1, 1966 or the timeof first becomin eligible under this chapter, whichever is later, to the date of payment or thedate of retiremen whichever occurs first.
(b) if retroactive indebtedness contributions have been made for creditable service beforeJuly 1, 1955, the member-is entitled tcca refund of those retroactive indebtedness contributions.
o
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isvijiAri nec. 6/ of-t is chapter.(c) A refund of retroactive indebtedness contribution for retroactive service before July 1,
1955 iknot, subject to the repayment prtt .,:- .
Sec. 14.25.062. Reinstatement iridailid. 50014.:..:- rteacher mtib has received a refund/of.. .
contributions in accordance with Sec.-160.4A this .41 r Xrerinployed in membership service,
) he is indebted to the re;lement faillrillie:pliikagtTot totarrefund. Compound interest at Omrate prescribed by regul ion sharbe iiddiidlb theirein fitmentn'" t indebtedness from the date of therefund to the date of repayment or,l)ndatedt:riiirede whichever accuis first.
':"-_S.
_ _Sec. 14.26.065. Transmittal of ekntributili rtsl la). All contributions deducted in accordance
with secs. 50 and 55 of (this chhpter Olalrbiltmsmitted-to the retirement fundoo later than 15days following tin; close di WC roll perind?-vittlr..the Ariel Conebutions due for any school yeartransmitted no later than July 1 k ''
(b) The contributions oter#0f2t;iii:Andel sec. 70 of this chapter shall be transmitted by aschool Ili;ttict to the administrator Atthiclost-Aach pay period. If the contributions are notsubmitted within 15 days eiiikr..'ififteistAtp,amir.PerioSi. the amount of the contributionsshall be deducted by the Dep,Witfieni.cOttiliaTMAini.lberstfitritlids due to schooidistrict andthe amount so deducted s1iai itha*itkrfVelhifliii0latrator for deposit in the retirementfund. The University of Alai4tijklOortv:Ofibtiolirributisin to the idininistrator within 15 daysof the close of each payroll period-14N Eptit1844:62iiirement fund. If the contributions are notsubmitted within 15 days of the bosiebtalth.4"Allsieriod, the amount of the conftibutions shallbe'deducted by the commissioneriifitifilinsTrOdn.kiff an stplksfunds due the University ofAlaska and the amount deducted shall be 'transmit:Mid-1M a inistrator for deposit in the retire-
, ment fund. (Sec. 3ch 84 SLA 1969; am Sec. 4 ch 66 SLA X19 )
Sec. 1425.070. Contributions by employer. An employer shall contribute toithe retire-ment fund an amount equal to onehalf the percentage,as certified by the administrator, of thi.sum total of thr bah salaries of all teachers that is required in.addition Jo teacher contributions toprovide the benefits of this chapter limes the sum total of the base salaries paid to teachers by theemployer. (Sec. 8 ch 145 SLA 1955; am Sec. 5 ch 161 SLA 1966; am Sec. 5 ch 138 SLA 1970;am Sec. 9 ch 66 SLA 1973)
Sec. 14.25.080. Contributions by the stater. The stets: legislature may appropritte to theretirement fund an amount equal to one-half the percentage, as.certified by the administrator, ofthe amount required in addition to teacher contributions to provide the benefits of this chapter.It may be appropriated annually and deposited. in the retirement fund monthly. (Sec. 9 ch 145SLA 1955; am Sec. 6 ch 89 SLA 1960; am Sec. 8 41179 SLA 1960; am Sec.4ch 84 SLA 1969;am Sec. d'th 138 SLA 1970; am Sec. 6 ch 66 SLA 1973)
Sec. 1425,090. Repealed. (Sec. 7 eh46 SLA 1974,
,t,
d.
,-k Sec 14.25.100. Credit for service in the armed forces. (a) A teacher vlho served is an activemember of the armed forces Of the United States after December 31, 1939 may receive creditableservice under this retirelnent system up to a maximilm of five years. Each 12 months of militaryservice equals one school year, and lesser military periods will be determined for credit purposes in aproportionate ratio to a year. To receive creditable service under this section, the teacher must havereceived a discharge other-than dishonorable. Credit for service in thb.armed forces shall be grantedonly if the teacher makes contributions for the service in the same manner as required.for outsideservice under sec. 60 of this chapter. The military service credited under this section shall beincluded in the 10year imitation of outside service as specified in sec. 60 of this chapter, except ifentry into the armed forces is immedibtely preceded Alaska. membership service and followingdischarge is continued by Alaska membership service Within one year thereafter, service may not becounted for purposes of determining the applicability of the 10-year limitation on outsideservice.(Repealed and reinaded Sec 5 ch 155 SLA 197¢) -
(b) Where. a teacher is unable to resume teaching in a public school within one year following-discharge because of hospitalization, rehabilitation training, a disability derived white in the armedforces, or other like, circumstances, the administrator shall determine the allowance or disallowanceof any service in the armed forces:
(c) and (d) Repealed.
(b) A teacher may not be credited with service in the armed forces under this section if creditfor military service was granted under the public employees' retirement system (AS 39.35). (am Sec7 ch 155 SLA 1976; am Sec 5 ch 128 SLA 1977) \
Seq. 14.25.110. Eligibility for service red/emelt (a) A teacher is eligible for normalretirement if he has completed either
(1) at least 15 years of creditable service, the last five of which have been membershipservice, except that a member first liked after July 1, 1475 must have eight years of membershipservice, and has attained the age of 55 years, or
(2) at least eight years of membership service and has attained the age of 55 years, or
(3) at least 25 years of creditable service, the last five of whichhave been membershipservice, or
(4) at least 20 years of membership service.",
(b) A teacher is eligible for early .retirement if he has completed either of the servicerequirements in (a) (1) or (a)(2) of this section and has attained the age of 50 years.
4
(c) Repealed. (Sec 5 ch 169 SLA.1976)
(d) A retired teacher who has been receiving a disability retirement salary Is eligible for aservice retirement salary upon attaining 55 years of age.
(e) Thp burden is upon the applicant to prove eligibility for retirement benefits to the fullsatisfaction ofthe administrator.
(Sec 12 ch 145 SLA 1955; am Sec 4 ch 142 SLA 1957; "am Sec 9 ch 89 SLA 1960; am tic 4 eh 86SLA 1963; am Sec 6 ch 151 SEA 1966; ant Sec 2 ch 85 SLA 1971; am Sec 8 ch 15%, SLA 1973; 'amSec 1 ch 77 StA 1971; am Sec 2 ch 57 SLA 1974: antSec 1-3 ch 173 SA 1975) \
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Sec. 14.25.116. .Unused sick leave credit. (a) A teacher-in membership service an or after1977 who is appointed to retirement on or after July 1,1978 may elect to apply his unused
sick leave credit in computing the total number of years of creditable service under sec. 120(c)(1)and (4) of this chapter. To obtain service credit for unused sick leave, a teacher must apply to theadministratOr no later than one year after appointment to retirement. Unused sick leave shall be
) credited on a day-for-day basis inaccordance witht the table for service after July 1, 1969 contained,if;in sec. 220(16) of this chapter. No teacher contributions may bkrequired for credited unused sick
leave.
(b) A teacher appointed to 'retirement before July 1;1978 who returns to membershipservice on or after July 1,1978 and is subsequently reappointed to retirement is eligible for unusedsick leave credit only with respect to sick leave accrued durinsmembership service an or after July1,1978, .
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(e) Benefits payable under this section accrue from the first day of the month after which all'the following requirements ar; met: (I) the teacher meets the eligibility requirements of thissection; (2) the teacher's written application for unused sick leave credit is received and verified-bythe administrator; and (3) a period of time has elapsed since the date of appointment to retirementequal to the amount of vied unused sick leave. Benefits are payable on the last day of themonth.
(am Sec 13 SLA 1978)
Sec. 14.25.120. Manner of computing service retirement salary. (a) Every, toacher.who happlied for retirement salary and who has satisfactorily shown his eligibility as preiided in Sec. 11of this chapter, shall receive from the,retirement tuna, for each school year subsequent to the dateof application, a retirement salary payable on the firstda9 of,each month, beginning the monthfollowing retirement. (am Sec 9 ch 66 SLA 1973)
(b) The payment made for the month in which death occurs is the la'st payment.
(c) The amount of retirement salary to be paid is computed as follows:
(1) If the teacher is eligible for 'normal retirement as of the date on which theapplication for a retirement salary is fired ant has paid into the retirement fund the fullamount of his indebtedness. his annual retirement salary is two per cent of his average basesalary during any three of the last 10 years of membership service multiplied by the totalnumbee of years of creditable service, including credited fractional year.
.(2) If on the date of applying foi retirement salary, the teacher has not paid the full
amountof his indebtedness to the retirement fund. he may elect either:
(A) option one to have any retirement salary which. becomes due the blatherwithheld until such time as the tot amount withheld is equal to the outstandingindebtedness due the retiredierit fund, "
(C) option two to carrel the outstvtling indebtedness due the retiremerit fundby. -tccepting a reduced annuity for life,, computed by deducting 10 per cent ofthe ,indelstrdriess aill outstanding from-the annual retirement salary that would be due endowing the teacher if there %yore no indebtedness.
/ ..
3) if option one under (c) '(2) of this section is elected, theeacher at a subsequentdate, may pay into the retirement fund all or any part of the indebtedness still outstanding.However, option two under (c) (2) of this section, after once being elected, is irrevocable. /. '...c.,
f ..
... (4) if the, teacher is 'not eligible for normal retirement, but is eligible for earlyretirement. as defined in See. 110(a) and (b)pf this chapter, on the date when application .fdrretirement salary is filar!, his annual retirematt salary is the amount that would be due andowing to the teacher if he were at lea 55, reduced by the amount derived from the followingleastcomputations:. multiply onehalf of on r cent times the number of months, to the nearestmonth, by which the applicant's attain age on the date of filing application falls short of 55years, times the amount of annual retirement salary that would be dre and owing the teacherif he were at least 55 years of age.
(5) if-the teacher has any outstandinindeblediess to the fund on the date of applyingfor retirement salary, he mays elect either ojion one or two in (c) (2) of this whorl, However,if he elects option/two, the reduction as computed_ in (4) of this subjection shalt be appliedafter deriving the adjustedretirement salary under option two.
(6) If the retiring teacher was a member of the retirement system established by theRetirement. Act of 1545, bis,annual retirement salary shall in no cats be less than $975 plus 10pen centOf the total Zitribution made by the teacher to the retirement fund Of 1945.
. ,(7)- if a teacher, after receiving retirement salary, is retmployed as a full-time teacher in
membership service, his retirement salary shall be, suspended during the period ofreemployment. The 'retirement ,salary shall be suspended for the enttre, school year if theteacher is rgemployed as a full-time teacher in membership service Jot a period of timeequWalent.t f a year of service..
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(8) During a period of reemployment following retirement, deductions from salary maybe made at the option of theteather for contributions to the retirement fund as provided in sec. 50of this chapter. If deductions are made, the annual amount of retirement salary shalt be increased"ihert..the teacher again retires from active membership service, by adding to the annual amountpreviously payable, an amount equal to two per cent of the teacher's base salary for the period ofremoloyrnent. However, if the feachirlias not attained the age.of 55 on the date when payment'of retirement salary Is resumed, the additional amount provided for in this paragraph shall bereduced by the amount derived from the following computations: multipl y one-half of one percent times the number of _months, -to the nearest (month. by which the teacher's attained age on thedate of subsequent retirement falls short of 55 years, times the additional aount provided in thisparagraph.
(d) A teacher who was receiving a service retirement salary_on July 1, 1955, shall receive anadditional $50 a month for life, payable on the first day of each month, if the teacher was -at lean55 years of age on July 4, 1955.
(e) and (f) Repealed. (Sec 13 ch 6,6 SLA 1973)
(g) A teacher who retired before July 1, 1971, with at least 25 years of creditable service. atleast 15 oi which were membership service; and who is entitled to vehement salary under eitherthis retirement fund or the retirement fund of 1945. shall receive a service retirement salary basedon a minimum sum of $20 per month for each year Prcreditable service, not including adjustmentsmade under sec. 142 or sec. 143 of this chapter. A teacher who retired before July 1. 1971. withless than 25 years of creditable service, and who Is entitled to a retirement salary under either thisretirement fund osihe retirement fund of 1945, shall receive a service retirement salary of-at least.$20 per month for each year of credited service. If, on .the date thi teacher originally applied forretirement salary, the teacher elected option two as provided by (c) (2) (B) of this section'aspayment 9f his indebtedness, the amount of.thedollar reduction shall remain in effect (am Sec 4 ch155 SLA 1976)
00 A teacher who ratites before July 1, 1972, shall receive a serviceretirent salary computed either under (c) (1) of this section, not iheluaingadiustavipts made under secs. 142 and 143 of this chapter,, or under (g) ofthis section, whichever computation would provide the teacher with the greateramount of. 'Service retirement salary. If, on the date the teacher originallyapplied for retirement salary, the teacher elected' oition two under (c) (2) (B)of this section as payment of his indebte or a reduced benefit under(c) (4) of this section, the amount of the r reduction shall remain ineffect.
'Ci) Any amendment to this iection shall be ipplied to a teacher who
retired before the effective date of the amendment at the option of theretired teacher.
°(See 13 ch 145 SLA' 065; am Sect10, 11 ch 89 SLA 1960; Sec 1 th 57 SLA 1955(?)ram Sec 7 ch151, SLA 1966; am Secs 9, 10 ch 138 SLA 197% am Secs 3, 4 ch 85 SLA 1971; am Secs 1-3 ch 86 .SLA 1971; am Secs 1, 2 ch 44 SLA 1972; im Sea, ch,71 SLA 1972: am Sec 1 ch 47 SLA 1973; amSic 9-14 ch 66 SLA 1973; am Secs2. rch 77 SLA 1973; awl Secs 4, 5.6, 14 ch 173 SLA 1975)
Sec. 14.25.125. Conditional sett/lei retirement benefits. (a) A member is eligible for anormal retirement salary at age 55 with at least two years membership service if the member also iseligible foi a normal retirement benefit under the public employees' fetirement system (AS39.35).
(b) A member is eligible for an early retirement salary at age 50 with at least two years ofmembership service if the member also is eligible for an early retirement benefit under the publicemployees' retirement system (AS 39.35). .
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(c) Membership service for which contributions were refunded Is not creditable under thissection unless the refunded contributions have been repaid. , .
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(d) The monthly amount of a normal retirement salary is two per cent of the averagemonthly compensation times the number of years of membership service. An actuarial adjustmentof this amount must be made for an early retirement salary.
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(e) Benefits payable under this section accrue from thel int day of the month (1)-in which 'the member meets the eligibility requirements of this section, (2) folloviing the date of termination,and (3) following application for retirement, and are payable the last dpy of the month. If paymentis delayed, a retroactive payment shall be made to cover the period ofdeferment. The last paymentshall be made for the month irrwhIcirthe member dies or is no longer eligible for a benefit underthis section.
(am Sec 2 SLA 1978)
Sec. 14.25.130.' Eligibility for disability retirement. (a) A teacher in membership servicewho has become permanently disabled. as defined in sec. 220 of this chapter, before agd 55 andwho has had five or more membership years may be retired by the administrator as of the first dayof the month following the permanent disability. The administrator, after a report of medicalexamination of the teacher and other information the administrators may request -has beensubmitted, shall certify that the teacher is physically or mentally incapacitated for the furtherperformance of duty, and that the incapacity is likely to be permanent and that the teacher shouldbe retired.
(o) A teacher retired because of disability under this section who-subsequently recovers from.the disability is not entitled to any tlisability retirement salary from the first day of the monthfollowing recovery.
(c) once each year during the first five years following retirement of a teacher for disabilityunder this section, and once ever); three-year period thereafter. the administrator may require ateacher who has not attained eligibility for normal retirement to undergo a medical r alexamination by a competent physician. The administrator shall suspend any disability rat entallowance for a teacher who refuses to undergo a physical or mental examination when requestedby the administrator under this section. (am Sec 2 ch 169 SLA 1976)
(Sec 14 ch 145 SLA 1955: arh Sec 12 ch 89 SLA 1960; am See S ch 86 SLA 1963:am Sec 8 ch 151SLA 1966; am Sec 15 ch 66 SLA1973; an Sec 7 ch 173 SLA 1975) '
ISec. 14.25.135._Deferred Retirement Benefit. (a) A teacher is eli
if: *..1
-hittiga delcird benefit-B4
. (1) he terminates his employment on or after the date on which his attained age andcredited service total at least 70 years;
(2) he has completed at least 15 years of cre ditable service, the last five years of whichhave been in membershijaservite, and. .
(3) he does not withdravA is contributions to iheetirernent fund.
(6) Payment of the defirred benefit shall begin on thelirst day of the month cohteidiee with. oc folkowing.itheteacher's 55th birthday or the first day of the month in which his apctileatibn for, deferred benefit is filed with the admfnistratcir, whichever is later. The last payment shall be made
aS of the first day of the month in which tip death of the retired teacher occurs.
o(c) The monthinmaint of a normal deferred 'benefit shall be determined in accordance withdec. 120 of this chapter as it is in effect on the date of his termination of employment, consideringthe teacher's credited service and compensation before his termination of employment. If hisbenefit begins beforethis normal retirement date. the benefit shall be riduced to the actuarial .equivalent. .
(d) A teacher is not entitled to a deferre-hernifit unleskark application for it is filed the.
administrator op or aftei the teacher reaches his early retirement 'clitespdbetore he attains his 70thbirthday. If the application is received after his 55th birthday but -on' or before his 70th birthday,no retroactive paymerlt may ere made for the montbspreciaing.tha month in which the applicationis received. .
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(Sec 6 ch 86 SI_A 1963; am Sec 5 ch 86 SLA 1971; aril Sec 8 ch 173 5L.A(\ 1975)
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,tSec. 14.25.137. Deferred vested retirement benefit. (a) A teacher is eligible for a deferred
vested benefit if
(1) he terminates his employment after completing eight years of membership sewvice; and
"
(2) he does not withdraw his contributions to the retirement fund.o
(b) Payment.of the deferred vested retirement benefit shall begin on the first day of themonth cojnciding with or next following the teacher's 55th birthday or the first day of the monthin which his application for\ deferred vested benefit is filed with the administrator, whichever islater. The last payment shall be made as of the first day of the month in which the death of theteacher occurs.
(c) The monthly amount of the deferred vested benefit shame determined in accordancewith sec. 120 of this chapter as it is in effect oe the date of th eachees termination of hisemployment, considering the teacher's credited service and compensation before his termination ofemployment. If his benefit begins before his normal retirement date, the benefit shall be reduced tothe actuarial equivaleht.
Ze:r-(d) An application for deferred vested benefit shall not be considered unless application is
made on or, after the teacher reaches his early retirement date and before he attains his 70thbirthday.
(Sec 1 ch 38 SLA 1965; arti SeC 1 ch 218 SLA 1968; am Sec.6 ch 85 SLA 1971; am Sec 4 ch 86SLA 1971; am Sec 9 ch 173 SLA 1975)
Sec.. 4.2,5.138. Notification of intention to retire.. .
teacher who will be eligible 'for a deferred benefit under sec. 135 of this chapter or a ..deferred vested benefit under sec. 137of this chapter shall notify the administrator of his intention
tp tire. The administrator shall prescribe forms for the notification. (Sec 1 ch 38 SLA 1965),
See. 14.25,140. Manner of computing disability retirement salary. it. .
(a) A teacher who becomes disabled on or after July 1, 1966 and has applied for disabilityretirement salary shall receive from the.retirement fund, during each year subsequent to the date of
application and certification by the administrator under sec. 1'30 of this 'chapter. a disability'retirement salary payable on the first day of each month, beginning the month following the'
disability.
lit) The payment made for the month in which the disabled teacher recovers from hisdisab lity, dies or is eligible for and ,elects normal retirement constitutes the last payment (am Sec 3ch 1 5 SLA 1076). r
(b) The payment made for the month in which the disabled teacher recovers from hisdisability. dies or attains eligibility for normal retirement constitutes the last payment. (am Sec 3 ch
4 1976) 1 ..
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( The amount :cif the disability retirement shall be equal to 50 per cent of the teacher's base"4 salary imm,1ately before his becoming disabled. The disability retirement salary shall increased -4.
by 10 per Gitt of the teacher's base salary at the date or disability for each minor up to amaximum of ;four minor childr4r% until the first day of the month in which the child c be
minor child or the disability retirement salary terminates, whichever occurs first.. , .
*Sec 15 ch 145 SLA 1955; am Sec 5 ch 142 SLA 1957; Sec.2 Ch Si SLA 1955; repealed,and. . reenacted Sec 9 ,ch 151 SLA 1966; am Secs 16, 17 ch 56 SLA 1973; am Sec 10 ch I73 SLA 1975)
- . 4 Soo:14.25,142. Cost of living allowance.I, . .. ..
(a) While residing in the stale, a person receiving benefit under this chapter is entitled -toreceive a monthly cost-of-living allowance in addition to his basic benefit. The ainount'of thisallowance is 10 per cent of the basic-benefit. '''' .- ,. *0 4
. . ' .te , - A -III___..
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4.
63.
( b) A person receiving. a cost-of-living allowance under this section shall notify theadministrator when he expectsato be absent from the state for a continuous period that exceeds 60days. After that notification, the person is no longer entitled to receive the monthly cost-ofIivingallowance. Upon his return to the state, and upon notification to the administrator, the person isagain entitled to receive the monthly costof-living allowance, commencing with the first monthlybenefit payment made after notification of the person's return.
1 (c) For purposes of this section, "residing in the state" means domiciled and physicallypresent in the State of Alaska. Being absent from the state for a continuous period of 60 days orless does not change a person's status as "residing in the state." (Sec. IQ ch 151 SLA 1966;am Sec18 ch 66 SLA 1973: am Sec 6 ch 128 SLA 1977)
Sec. 1425.143. Post retirement pension adjustment. (a) When the administrator determinesthat the cost of living has increased and that the financial condition of the retirement fund permits,he may increase all service retirement and survivor's benefits salaries to reflect this cost of livingincrease. (am Sec 19 ch 66 SLA 1973)
be fits
The'amount of The increase shall be not more than four per cent comnpunded for eachyear of retirement. Increases accrue from thefirst crf July Tisk following the effective date ofretirement and shall be paid beginning the first of July of each year.
(c) Thd administrator is duthorized to implement this section by regulation. (Sec 15 ch 145SLA 1955; am Sec 5 ch 142 SLA 1957; am Sec 2 ch 57 SLA 1955; am Sec 11 ch 151 SLA 1966:am Sec 5 ch 86 SLA 1971 am Sec 3 ch 99 SLA 1974)
(d) A person receiving benefits under this chapter shall be granted a 10 per cent increase inhis current 'base benefit if he was receiving benefits on July 1,1976. Tbe increase shall be effectiveJuly 1, 1977. (am Sec 7 ch 128 SLA 1977)
Sec. 14.25.145. Interest on individit;i1 accounts. Interest sball,be credited to each teacher'saccount at the end of each school Year at the rate prescribed bi) regulation fothat year. (Sec 16 ch145 SLA 1955; ant Sec 6 ch 142 SIA-1957; am Sec 4 ch 78 SLA 19620m Sec 7 ch 138 SLA 1970;am Sec 20 ch 66 SLA 1973)
Sec. 14.25.150. Refund upon termination. A terminated member is entitled to,a refund ofthe balance of (1) his mandatory contributions and accrued interest, and (2) his indebtednessprincipal contributions. A member is not entitled to a refund of his supplemental contributionsexcept as provided in Sec. 160(a) of this (Sec )6 ch 145SLA 1955; am Sec 6 ch 142 SLA1957; am Sec 4 ch 78 SLA 1962; am Sec 7 ch 86 SI,A 1963; am Sec 12 eh 151 SLA1966; am Sec 5ch 84 SLA 1969; am Sec 8 ch 128 SLA 1977)
7 .
Soc. 14.25.160. Payment upon death of teacher. (a) Upon receipt of a valid claim andproper proof of the death of a membe/ who has not ever made a supplemental contribution or 47bwhose supplemental contributions were made for less thin one year and who is entitled to a refundof contributions, a paymt in the amount specified in this section,shall be paid to a person he hasnominated by written desi ation executed and filed with the administretor. If the member failedto designate a beneficiary', or if no designated beneficiary survives the member, the payment shall bemade .(1) to his surviving spouse or, if there is none surviving, (2) to his surviving children in equalparts or, it there is none surviving, (3) to his surviving parents in equal parts or, if there is nonesuryiving, (4) to his estate.
S(b) If a teacher is io membership service at the time of death and has not received anyretirement salary, the amount of the payment is the sum of (1) his accumulated contributions asdeterinined undee Secs. 145 and 150 of this chapter, and (2) $1,000. plus $100 multiplied by thenumber of completed school years of membership service. plies an additional sum of $500 if thedeceased leacher is survived by one or more minor children at the tinurbf his death. However. In nocase may the amount payable under (b) (2) of exceed $3.900:
(c) If a teacher has received retirement salary at the time of death, the payment is binned tothe amount of his accumulated contrikutions, plus all interest credited to his account to the date ofretirement, less all retirement salary paid the deceased teacher. However, if a teacher dies within oneyear after the effective date of disability retirement ,referred to in sec: 130 of this chapler. thepaynient on death is-the amount specified in (b) of this section, less the amount of any retirementsalary prevlouslypaid the deceased teacher,: a
(d) If a teacher at the timilof deith is not in membership service and is entitled to a return ofhis contributions, the accumulated contributilans as specified in Sk. 145 and 150 of this chaptershall be paid to his designated boneficiaty or estate. Fufther, if a teacher dies within one year afterleaving membership servicis, and is entitled to a return of his contributions and has not received such
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64
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return on all service, and has not filed a claim for disability retirement, but would have been eligiblefor disability retirement if claim had been filed, the designated beneficiary or estate is in additionentitled to the payment specified in (b) (2) of this section.
(e) if a teacher receives a refund under this section, it is in lied ot any other benefit underthis system. (sec 17 ch 145 SLA 1955: am Sec 7 ch 142 SLA 1957; am Sec 13 ch 89 SLik 1960;Sec 5 ch 78 SLA 1962; am Secs 13-15 ch 151 SLA 1966; am Sec 6 ch 84 *1969)
See. 1416.162. Survivor's Allowance. (a) If a teacher dies while in mainbership servic e or-while receiving a service or disability retirement salary and leaves a minor child, hit sunrivinb spouse
is entitled 'to a survivor's allowance if the teacher has made a supplereentaLcontribution for atleast one year before his death, but if a guardian has been appointed for a minor.ch dd. the guradianis entitled to the. allowance. 'A.minor child who has neither a surviving parent nor a guardian isentitled to the allowance, If a minor child who is at least 19 years old but less than 23.years old isout of school for more than one semester, payments of .his benefits terminate permanently. Ateacher's child who is totally and permanently disabled before he is 19 years old or, if he ii attend-int school and becomet totally and permanently disabled before he is 23 years old, end who isfinancially dependent on the teacher at the time of the teacher's death is entitled to the benefitsunder this section until he dies or is no longer totally and permanently disabled. Application forthe survivor's alldwance shall be made in writing to the administrator.. Sec. 1 ch 52 SLA1974 am Sec. 9 ch 128 SLA 1977)
a.'(b) The amount of tqf survivor's allowance for each minor child shall be equal to 10 per
cent of the teacher's base salary immediady before his death, retirement, or becoming disabled.However, if there are five or more minor children, the total amount paid toithose children shall be40 per cent,of the teacher's base salary before his death, retirement, or becring disabled, paid inequal amounts to each child: In additionsan allowance of 35 per cent of the teacher's base salaryShall bp paid-to his surviving spouse, if there is no surviving spouse, an allowance el 10 per centof the base salary shall be paid to a court - appointed guardian. The adoption of a minor child by a
"hew spouse of a surviving spouse will not bar the minor child from continuing to receive a survivor'saliowand. if more than one guardian is appointed, the allowance, including the 10 per cent addi-tional allowance, shaille paid according toihe number of mirror children assigned to each guardian.(am Sec. 10 ch 128 SLA 1977)
a
(c) The survivor-allowance is payable on the first day of each month, beginninb the montlr.following the death of a_teacher. The survivor allowance shall be recomputed on the first day of themonth in which the number of minor children is less than four and the pensiOn shall be decreasedaccordingly. The paymenh on the first day of the month in which the last minor child ceases tobe a minor or dies constitutes the last payment,
, P.,(d) In the event of termination of the survivor's allowance and in the absence of a spoUse
Aho has or 'will be eligible for a spouse; pension, a payment of the amount of thi teacher's ascumulated contributions, plus all interest credited to his account ot the date of death or retirement,whichever occurs first, plus ah ((mount equal to 75 per cent. of the payment Mal would have beenmade on the death of a teacher under Sec. 160(b) (2) of this.chapter will be made if the teacherhas had less than 20 yeari of membership service or 100 per cent of the payment that would havebeen made on the death of the teacher under Sec. 360 (b) (2) of this chapter if the teacher hascompleted 20 or more years of membership service, liss atl payments to the teacher, spouse. guar-dian or minor children shall bemade to the person he has nominated by written designation executed
'and filed with the administrator. If the member failed to' esignate a berieficry:.or if no de-sigeatea beneficiary swvivesithe member, the, ayment Shall be made (1) tqshis surviving spouse or,if there is none surviving, (2) to his survive% children in equal parts, or, if there is no surviving,(3) his s sunriviqg parents in equal parts or, if there is none surviving, (4) to his estate. This pay-ment shall be gpthe same termsAnd conditions as a payment made on the death of a teacher.
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6
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9
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(e) A person entitled to the survivor's allowance under this section and who resides in thestate after the death of the teacher shall receive a,cost of living allowance in addition to this sur-vivor's allowance, The amount of this allowance shalr be the amount determined by the admirlis-trator under sec. 142 of this chapter. The administrator may implement this subsection by regula-tions. (am See. 24 ch 56 SLA 1973)'
ti
(1) When the administrator determines that the cost of living increased and that thefinancial condition of the retirement- fund permits: he may increase the survivor's allowance to,reflect this cost of living increase. The amount of 'the increase shall be the amount determined bythe administrator under sec. 143 of this chapter. Increases accrue from the first of July nextfollowing the deatkof, the teacher and shall be paid beginning the first of July of each year. Theadministrator it authdrized to implement this subsection by regulation. (Set. 16 ch 151 SLA1966; am Secs. ch 84 SLA 1969; am Secs. 11.12 ch 138 SLA 1970; am Sec. 15 ch 32 SLA1971; am.Sec..1 ch 52 SLA 1972; am Secs. 24,25 ch66 SLA 1973)
Sec. 14.25.164. Spousepension. (a) lithe death of a teacher occurs While in membershipservice or_ while receivinga disability retirement salary, a spouse's pension is payable under thissection only if supplemental" contributions under Sec. 55 of this chapter have been. made for ateleast one year before the teacher's death. If the death of a retired teacher or deferred vested mem-ber occurs, a spouse's pension is payable under this section only if supplemental contributionsunder Sec. 55 of this chapter have been-Fnade for at least five years before the teacher's retirementor termination. Application for the spouse's pension shall be made in writing to the administrator.Benefits are not payable under this section if benefits are being paid under Sec. 162 of this chapter.(am Sec. 11 ch 128 SLA 1977)
-(b) The spouse's pension is payable on the first-day of each month, commencing with the
first day of the month coinciding with or next following the month in which the spouse attains age55, unless the spouse is totally and permanentry disabled, as defined in Sec, 220 of this cheptetr -beforeige 55. If the spouse is totally and permanently disabled frOm engaging in a regular re-munerative occupation or emploment, the spouses pension shall commence on the first of themonth coinciding with or next following the teacher's death, or the date of disability, whicheveris iater. if the spouse ceases to be totally and permanently disabled before age SS, the pension shallbe suspended until the spouse again becomes eligible for the pension because of age. The paymenton the first bay of the month in which the spouse dies or rema 'estonstitutes the last payment.
(c) The amount of the spouse's pension shall be "equal o 50 per-cent of 'the service retire:ment salary that She deceased teacher was receiving, or wotil received, based, on his basesalary and cret table service to the date of his death and assumin that he would have been eligiblefor a-service retirement salary as of that date.
(d) In the event of the death of a teacher's spouse before the time the total payments tothe teacher, spouse, guardian or minor children have not been at least equal to the amount of hisaccumulated contributions, plus all Interest credited to Vs account to the date of death or retire-
.. meat, whichever occurs first, a payment equal to the difference shall be made to the spouse's estate.Or to a person the spouse has nominated by written designation executed and fited with the ad-inieistrator This payment Shall be on the same terms and conditions as a payment upon deathof a teacher. ...
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(e) A perfon 'entitled to the spouses pension under this .section aful who resides in the
t state after the death of the teacher shall receive a cost of living allowance in addition to his spouse's #,,,,,,_ pension. The amount of this allowance shall be the amount determined by the administrator underu : Sec. 142 of this chapter, The administrator may implement hp subsection by regulation. (am Sec.
' 27-eh 66SLA 1973) , .--44 ' r 7 .of" (f) When the administrator determines that the cost of living has increased and that the
financial condition of the retirement fund permits, he may increase the spouses pension to reflectthis cost of living increase. The amount of the increase shillt be determined by the administratorunder Sec. 143 of this chapter. Increases accrue from the first of July next following the death of,,the teacheAnd Irian be paid beginning the 1 irs(of July of each year. The administrator is authorizedto implement this subsiftion by regulation. 4 . V
I I(See. 17 ch 1S1 SLA 1966; am Secs. 10.12 ch 84 SLA 1969; am Sec. 19 ch 69 SLA 1970; amSecs. 26r-211 ch 66 SLA 1973.. am Sec. 11 ch 173 SLA 1975)
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..Sec. 14.25.168. Medical benefit& Bach arson who is entitled to receive a monthly benefit
from the retirement system shall be provided with major medical insurance coverage. Coverage shallbecome effective on the same date as retirement benefits commence and cease when the retiredemployee or survivor is no longer eligible to receive a monthly benefit. The level of coverage forpersons over age 65 shall be the same as that available piton to reaching age 65 except that thebenefits payable shatebe supplemental to those afforded under the federal Old Age Survivor andDisability Insirrance Program, if any. (Sec 18 ch 151 SLA 1966; am Sec 1 ch 200 SLA 1976)
.
Sec. 14,25,168,. Duplicate benefits, If payments Oom this retireritent system aredue to ateacher or his spouse under more than one provision of this plan, .the teacher or spouse shall electunder which provision and which benefit he wishes to receive and no payments may be made underany other provisiormohlowever, benefits under Sec. 162 and 164 of this chapter shall be paid to asurviving spouse iq addition to those benefits he is entitled to receive because of his ownmembership in the retirement system. (Sec 19 ch 151 SLA 1966:am Sec 2 ch 184 SLA 1972)
Sec. 14.25,170: Administration... The..commissioner of administration is responsible for theadministration of the retirement system and for making the provisions of this chapter effective anhis' owers and duties for this purpose include but are not limited to
. (1) maintaining the accounts of the system;
(2) making payments for the various,purposes specified;
(3) submitting such periodic reports or statements of account as may be required;V
(4) prescribing by regulation the rate of interests that shall be credited to the individualcontribution accounts of teacheis each year; the rate of interest shall be adopted on the basisof the probable effective sate of interesron a long-term basis, and the rate may be changedfrom time to time by subsequent regulation. (Sec 14 ch 80 SLA 1960; am Sec 6 ch 78 SLA1962)
Sec. 14.25.173. Adjustments. If a change or error is made lei the records maibtained by thesystem- or an error is made in computing a benefit, and as a result a teacher or member orbeneTiciary receives from the system more or less than he would have, been entitled to receive hadthe records been correct ,or had the error not been made, (1) the records or error shall be corrected,and (2). as far as practicable, future payments shall be adjusted so that the actuarial equiValent ofthe pension or benefit tit which the teacher or member or beneficiary was correctly entitled will bepaid. If no future benefit payments bre due, a person who was paid any amount to which he br shewas not entitled :04'W for repayfient of that amount, and a person who was not paid the fullamount to which he or she was entitled shall be paid that amount. Om Sec 4 ch 169 S LA 1976).
I
Sec. "4.25.177.. dffect of amitridments. An amendment to thichapter which has the effectof directly or inairectly changing the amount of the benefit paynients for which a teacher ormember is eligible, only applies to teachers or members $titio have not yet retired under'the early ornormal retirement provisions, unless the amendment expressly provides for the inclusion of personsalready receiving those payments. (am Sec 4 ch 169 SLA 1976)
See.14.25.180. Custody end investment. (a) The commissioner of revenue is the treasurer ofthesystem and has powers and duties for this purpose including but not drafted to the following:
(1) to act, as official custodian of the cashaftd securities belonging .to the-system-andprovide adequate tale deposit facilities for them; I
(2) to receive ad items of cash belonging to the System:
\ (3) %to -collect the interest and princip on securities acquired by the syste and depositthe interest ant) principal in the retirement fir d;
(4) to invest and reinvest the assets f the retirement fund in accordance with thissection.
(b) When, in the opinion of the commissioner of administration, there is on hand in theretirement fund a surplus over and above a reasonably safe amotint tO.take care of current demandsupon the fund.' the surplus or so much of it as in the judgment of the commissioner ofadminlitration is considered proper may -be invested by the commissioner of revenue in (1) bonds orother interest-bearing Obligations and securities °Mho United States or an agency of the United
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. .States, a state of the United States, or a political subdivision of any state of the United States, if thepolitical subdivision has a population as shown by the last federal census, preceding the investmentof no less than 30,000 inhabitants, except no population limitation applies to a political subdivisionof this state; (2) fiat lien real estate mortgige securities insured by the Federal HousingAdmhlistration under the National Hotising Act of the United States, or hold by the Department ofCommerce. or the Departmeit of Natural Resources; (5) corporation bonds, and preferred andcommon stocks as the ciimmhsideer of revenue considers proper investments for the funds;(4) shares of federally 'chartered savings and loan associations in Alaska. to the extent that theinvestment is insured by the federal government or by an agency of the federal government;(5) deposits with mutual savings banks in Alaska, to the extent that the investment is insured bythe federal government or an agency of the federal government; (6) deposits with state and nationalbanks in Alaska to the extent that the investment is insured by the federal government or an agencyof the federal government; (7 loa guaranteed by the division of veterans' affairs under AS26.15.040(b); (8) (deleted] (9) the aranteed portion of Small Business Administration loans; (10)first lien real estate mortgag aranteed by the federal Veterans Administration; (11) notessecured by mortgages of commercial or residential real estate or other lectlrity if the mortgages areinsured 'by a corporation which is authorized to do business in Alaska and has combined capital.surplus and reserves aggregating at least $20,000,000; (12) conventional residential mortgages if theoriginating-financial institution retains at least 25 percent of the mortgage for a minimum pf twoyears; (13) notes secured by mortgages of commercial, real estate if the originating financialinstitution retains at least 25 percent of the mortgage:414) FHA guaranteed portion of business andindustrial loans made under the Rural Development Act of 1972; (15) guaranteed portion of loansmade under the Federal Ship Financing Act of 1972. No more than 25 percent of the surplus maybe invested in mortgage securities of the Department ofkommerco, and the state shall approniatesufficient money from the general fund to reimburse the teacher's retirement system for any lossesincurred as a result of failure of the obligors to pay on the notes. No more than $400,000 of thesurplus may be invested annually in the mortgage securities of the Department of NaturalResources, and the state shall appropriate sufficient money from the-Oneral fund to reimburse theteachers' retirement system for any losses incurred as a result of faiture of the obligors to pay on thenotes.
(c). In making investments the eonimissioner of revenue shall exercise the Judgment and careunder the circumstances then prevailing which men of ordinary prudence, discretion, and
.-3 intelligence exercise in the management of their own affairs not in regard to speculation but inregard to the permanent disposition of their funds, considefing the probable income there-from aswell as the.probable safety of their capital. However. no more than 50 per cent of the retirementfund may be invested at any given time in corporate stocks and bonds, nor may more than five percent of the voting stock of any corporation be owned. Stocks eligible for purchase are restricted tosticks which, except for bank stocks and insurance stocks, are listed upon an exchange registeredwith the Federal Securities and Exchange Commission. (am Sec 26 ch 53 SLA 1973)
(d) Except as provided above, the commissioner of revenue may:
(1) invest and reinvest the principal and income of the retirement fund withoutdistinction between principal and income;
(2) sell, exchange, convey, transfer or otherwise dispoSe of any investment of theretirement fund held in the name of the system by private contract or at public auction;
(3) vote stocks, bonds or other securities; give general or simile, proxies or powers ofattorney with or without power of substitution; exercise conversion privileges, subscriptionrights or other options and make payments incidental thereto; consent to or otherwise_participate in corporate reorganizations or other changes affecting corporate securities anddelegate discretionary powers and pay assessments or charges in connection therewith ;-andgenerally exercise the powers of an owner with respect to stocks, bonds, securities or otherinvestments held in the retirement fund;
. . . t) make, execute, acknowledge and deliver documents of transfer and conveAnce and4(4
o ostruments necessary or appropriate to carry out the powers granted by thitsubsection;
(5) register Investments in the name of the system; .
(6) do all acts whether or not exprslr authorized which he considers necessary orproper for the protection of the investments held in the retirement fund. (Sec 19 ch 145 SLA1955: am Sec 15 ch 89 SLA 1960; am Sec 1 ch 128 SLA 1961; am Sec 1 ch 90 SLA 1962, amSec 1 ch-110 SLA 1964;am Sec 1 ch 55 SLA 1967; am Secs 1, 2 ch 17, SLA 1970) .
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(e) To qualify as a mortgage which may be purchased under (b) (12) and (13) of this section.the,mortgage must .
(1) have as a mortgagor an Alaska resident;
(2) be certified by the originating financial institution that the loan being sold has beenmade in compliance with the law and that liens supporting the loan have been perfectqd;
(3) have been closed after April 16, 1974,and no loan may be efigibre for purchase thatis held by the originating institution for a period greater than 9Q days.
(f) When more than one-half of one per cent of the aggregateiof alt loans pUrchasedfrom afinancial institution becomes delinquent for 60 days, the pension fund shall discontinue purchasingloans from that fi dal institution until the delinquency is reduced to less than one-half of one percent (Sec 19 ch 1 SLA 1955; am Sec (5 ch 89 SLA 1960; am Sec 1 ch 128 SLA1961; aim Sec 1
.ch 90 SLA 1962; am 3 ch 4 SLA 1964; am Secs 1, 2 ch 66 SLA 196; am Sec 1 ch 110 SLA1964; am Sec 1 ch 55 SLA 1967; am Sec 3 di 73 SLA1969; am Secs 1. 2 ch 17 SLA-1970: am Sec1 ch 112 SLA 1972; am Sec.26 ch 53 SLA 1973; areSec 1, 2 ch.25 SLA 1974)
Sec, 14.26.190. ACtlatilli evaluations of the retirement held. Actuarial evaluations of the
retirement fund shall be made at intervals of not more than five years and on the basis, of there-evaluations the administrator may recommend any necessary readjustment to the legislature.
. Actuarial and financial experience analyses shall be prepared and certified*y a member of theAmelican Academy of Actuaries. (Sec 21 ch 145 SLA 1955; am Sec 16 ch 89 SLA 1960; am Sec 29
ch 66 SLA 1973).
Sec 14.25.200. Exemptiqn from taxation and process. Teachers' retirement salaries and
other amounts held in the retirement fund on behalf of the teachers are exempt from state and
municipal taxes and are not subject to anticipation, alienation, sale, transfer, assignment, pledge,eRcumbrance, charge, garnishment, execution'or levy of any kind, either voluntary or involuntary
before they are received by the person entitled to the amount under the terms of the system, and
any attempt to anticipate, alienate, sell, transfer, assign. pledge, encumber, charge or otherwise
dispose of any right to amounts accrued in the retirement fund shall be void. (Sic 22 ch 145.SLA
1955; am Sec 17 ch 89 StA 1960;am Sec 13 ch 84 SLA 1969)
Sec. 14.25.205. Time limit.fer epplicetibn. If no application for benefits or for refund hasbeen filed by July 1 following the date on which the member would attain age 75, no benefits Or
refunds may be paid under this chapter and t5e member's records may be destroyed. (Sec 14 ch 84
SEA 1969) 4Sec. 14.25.210. Penalty for false statecents. A person who wilfully
or knowingly cakes a false statecent,- or falsifies or peratts to be falaifled any record of the retirement system, is guilty of a trisdereanor andsupon conviction, is punishable by a fine of not more than $500 or by .irogrisorment for not more tpan six maths, or ny -both, and Parfeite allrights under this chapter. (Sec. 20 oh 145 StA 1955)
', Sec. 111.25.220.- Definition of terms. Irs this chapter unless thecontext otherwise requires.
(1) "administrator" amens the Department of Administration;
(2) "base salary"' or "basic salary" means any remunerationaccrued under a contract to a teacher for professional services renderedduring any school yeaii; for purposes of sec. 50 of this chapter, basesalary accrued includes any payments made after June 30 Of a school yegrfor services rendered be ore the end of the school year;
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(3) "creditable entice" means outside and "Iliceau 'of IndianAffairs. (AlA) .serv.ice n eding 15 years, with outside service limitedto. 10 years. plus all membership service as provided in (5) of this section;
(4) "employer means a public school district, the Board ofRegents of the University of Alaska, or the Department of Education;
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(5) "mernyirship service" means service ase teacher in a pub! .school within the Territory.or State of Ale Bia. or both, under the supervision and control of the Territorial Board of Educationor the Department of Education, the school board pf any city or borough school district, or theBoard of Resitis of the University of Alaska, or any period during which the leacher is on anapproved sabffatical leave -Vented in accordance with AS 14.20.3W or is receiving a disabilityretirement salary;
.1 (6) "military service" means active duty service in the armed forces of the United States onor after January 1,. 1940; (am Sec 6 ch 155 51-A 1976) ' . .
. . . ..
(7) "nonrevertible funds" means that portion of a teacher's contribution not subject to a
°refund; :0
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( 8) "outside teaching service" means service as
(A) a certificated full-time elementary or secondary teacher or a certificated person in aposition requiring a teaching certificate as a condition of employment in an out-of-state publicschool in the United States, or in a school outside the United States supported by funds of theUnited States;
(B) a full-time elementary of secondary' eacher or a certificated person in a positionrequiring a teaching certificate as a condition of employment in an approved or accreditednonpublic school in the United States, or in a school outside the United States supported by fundsof the United States;
(C) a person occupying a full-time position requiring academic standing in anoutof-state institution of higher learnino accredited by a nationally recognized accrediting agencyas listed in the Education Directory,7-- Colleges and Universities by the National Center forEducation Statistics: or
(0) a full-time teacher in an approved or accredited nonpublic institution of higherleamingin Alaska: y(repealed & re-enacted Sec 4 ch 174 SLA 1978)
(9) "retirement fund" means the fund consisting of all matching contributions by city schooldistricts, money made available by appropriations of the state legislatuie, and from otherappropriated funds, all contributions from whatever source, and income and interest ditived fromthe investment of money; -
.
(10) "retirement salary" means the moneyieceived by aretired teacher from the fund; S...,, .1
- . -(11) "Retirement System of 1945" and 4:letirenient Fund of 194.5." or like terms means the. system and fund established by see. 37(5 -21. 375.35 ACI:A.1949; as iirended:-;`
(12) "salary aukorized" means that salary fixed by the state Board, of Education and theDepartment of Education under law; or, if an employee of the Department of Education, Universityof Alaska, or a community college, the salary paid to the employee;
a .0"r .. (13) "school' year" meanethe 12 month period linginging July 1 of each year and endingJune
.30 of the following year; .- . . .
(14) "minor child" means a child or children of the me r, includini thoseadaptedie t(lierunder 19 years old whom the teacher, if living, is supportinf or is obligated to support or, if dead.was sbpportineor was obligated to support at the time, of his death or -under 23 years old and
--registered at andattlinding on a full -time basis an accredited educational or a technical institutionrecognized_ by-the state Department of Education and whoM.tip teacher. if. living. is supporting or,if Beg. WAS supportingelthe time of his death; . . .
- -. -. (15) "teacher" or'-` "member means a.certilied -teacher, certified school nurse. principal,
supervisor, or superintendent employed one fullArnita pad-time basis in a position having dutieswhich normally requite a year of service in the public schooli of the state, the commissioner ofeducation; stiperVisorssrithin Department of ,Educatieri, aid all full-time resident professional
iii- and administrative personnel of he Udiveraiiy of Alaska; in case of doub(, the administrator shall-
.*finally determine whether or not a person is a teacher as deleted in this chapter;
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(16) 'year of service" amens membership service during the dates set for a school term underAS 14.03.e3Q; partial year service credit shall be given for membership service before July 1. 1969,
4 during any school year as follows: (A) less than 20 days, no credit; (B) 20 days or more but lessthan 35 days, 0.2 years; (C) 35 days or more but less than 49 days, 0.3 years; (D) 49 days or morebut Tess than 63 days, 0.4 years; (E) 63 days or more but less )lien 77 days, 0.5 years: (F) 77 days ormore but less than 91 days. 0.6 yearsr (G) 91 days or more but less than 105 days, 0:7 years. (H)105 days or more but less than 119 days, 0.8 years; (I) 119 days or more but less than 133 days. 0.9years; (J) 133 days or more, 1.0 years; partial year service credit shall be given for membershipservice after July 1. 1969, during any school year as follows: (A) less than nine days. no credit. (B)nine days or more but less than 27 days. 0.1 years; (C) 27 days or more but less than 45 days. 0.2years; (D) 45 days or more but less than 63 days, 0.3 years; (E) 63 days or more but less than 81days. 0.4 years; (F) 81 dein or more but less than 100 days. 0.5 years; (G) 100 days or more butless than 118- days, 0.6 years; (H) 118 days or more but less thar113§ days. 0.7 years;i1) 136 daysor more but less than 154 days. 0.8 years; (J) 154 days or more but less than 172 days. 0.9 years(K). 172 days or more. 1.0 years. if service is performed on a part-time basis. one-half credit shall begiven for each day of service; (am Sec 1 ch 155 SLA 1976)
(17) "BIA service" means service, including partial years. as a teacher in a school operated bythe Bureau of Indian Affairs in Alaska; (am Sec 5 SLA 1978)
(18) "full-time teaching" means teaching on a regular basis for the normal and customarywork period per day or week at a particular teaching assignment. excluding teaching on a substitutetemporary or per diem basis;
I' (19) "public school" means a school operated by publicly elected or appointed school officialsin which the program and activities are under the control of these officials and which is supportedby public funds;
' '(20) "nonpublic school" means a school established by an agency other thin a state dr its
subdivision which is primarily supported by other than public funds, and the operation of whoseprogram rests with other than publicly electe4 o1 appointed officials, and whith offers gradeskindergarten through 12. or any combination of them, and is state approved or accredited;
(21) "pirt-time basis" means t ng or% regular basis fix part of the normal and customarywork period per day or week or mont at a particular teaching assignment, and excludes teaching
. on a substitute, temporary, or per die is;
(22) "average base salary" means the highest average base salary during any three of the last 10gears of membership service or the member's total period of membership servicewhichever is less;the base salary in any school year for which the member receives less than two-thirds of a year ofcredit Ihall not be included in the determination of the average; if two-thirds or more of a year of
. service credit is granted, the full years ?airy shall be .nclqjded in the determination of' the average.
14(23) "normal retirement" means retirement after:
(A) completing at least 15 years of creditableservice, the lilt frvoof which have been member-ship service, for a member first hired before July 1,1975 and Ittait)ing the age of 55 years;
4(B) coppleting at least eight years of membership service and attaining the age-of 55
yeirs:' (C) completing at least 25 years of creditable service, the last five of which are
membership service;V5 11#
(0) completing at least five years of membership senate and at least three years AlaskaBIA service and attaining the age of 55 years ;,
(£) completing at least 2Q,yeats.olmeinbership service: or .oer
(F) completing at least 20.yearrof combined niembershlp service and Alaska BIA service.the last five of which are membership service;
(Sec. 12 ch 128 SLA 1977)
400
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(24) "early retirement" means retirement after9
(A) completing at least 15 years of creditable service, the last five of which have been member.ship service, and attaining the age of 50 years for a member first hied before July 1975;
(8) completing at least eight years of membership service and attaining 'the age of 50 years;
(C) completing at least five years of membership service and r least three years of AlaskaBIA service and attaining the age of 50 years;
(Sec. 13 ch 128 SLA 1977)
(25) Repealed. (Sec 5 ch 169 SLA li7s4-11\
(26) "permanent disability" means a physical or mental condition which, in the judgment ofthe administrator, based upon medical reports and other evidence satisfactory to the administrator.presumably prevents an employee from satisfactorily performing his usual duties for his employer,or the duties of another position or job which an employer makes available and for which theemployee is qualified by training or education. a : t
(Sec 2 ch 145-114.1955; ern Sec 1 ch 142 SLA 1957: am Sec 2 ch 89 SLA 1960; am Sec 7 ch 179SLA 1960; am s 1. 2 ch 71, SLA 1962; am Secs 842 ch 86 SLA 1963r am Sec 1 ch 111 SLA1965; am Secs20-22 ch161ALA 1966; am Sec 1 ch 76SLA 1968; am Seci 15-19 ch 84 SLA 1969;am Sec 21 ch 46 SLA 1970; am Secs 13-18 ch 138 SLA 1970; am Secs 3-5 ch 229 SLA 1970: amSecs 16, 18 ch 32 SCA 1971; am Secs 6.8 ch86SLA 1971; am Secs 3033 ch 66 SLA 19/3; arnSec3 ch 57 SLA 1974; am Sec 23 ch 127 SLA 1974; am Secs 12. 13 ch 173 SLA 1975)
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,t /Chapthr 30. Pupils
Article I Article1. Compulsory Education (Sec.14.30.010 3.
14.30.050)Physical Examinations (Sec. 14.30.06Q 4.
14.30.1'70)
Education for Exceptional Children (Sec.14.30.180 .14.30.350)
Bilinguatilicultual Education (Sec.14.30,400 14.30.410)
.
. .
rtichil: Compulsory EdmontonSection
10. Wen attendance compulsory20. Violation 4-30. Report of violations and p40. Repealed
Section'45. Grounds tor suspension or denial of admission47. Admission or readmission, when cause no
rocedures longer exists50. Truant officers
I
Sec. 1430:010. When attendancedance compulsory. (a)*Everythild between seven and 16 years 9'of age shall attend school at the public schdol in the district in which the child resides during eachschool term. Every parent, guardian or other person having the 'responsibility ler or control of achild between seven and 16 years of age shall insure that the child is nolabserit from attendance.
(b), This section does not apply if a childear.
(1) is provided an academic education comparable to that offered by the public schoolsin the area, either by
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k(A) attendance at a private school in whicli, the teachers are certificatedactor
to AS 1420.020; -.I -(B) tutoring by personnel certificated according to
(AS 14.20.020; or
'(C) attendance at a.private school in which the average student proficiency-is-riot
less than the average proficiency found in the public schools in the area asmeasured bynational achievement tests; the Department Of Education with assistance from represerititivetof the private schools snail promulgatt regulations defining the silbject areas to be tested andthe min insum Were, scores to be achieved; )2 .
(am Sec 4 ch 126SLA 1978)
(2) attends a school operated by the federal goveiriment;
(3) has a physical or mental condition whictricomprdent medical authority debIrmineswill make attendance impractical;
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(4) - is in the custody of a court or law enforcement authorities;.
(5) is temporarily ill or injured; ai.. ..
.. '.
(6) has been suspended or denied admittance according to sec. 45 oflis. isdial;ter;, ..
(7) resides shore than 44 miles from either a public school or a route on Whichtransportation is provided by the school authorities, except that this subsection does not apply ifthe pupil resides within two miles of a federal
" vor private school which he is eligible and able to
attend: 0 .% I .. P
' ( r" s(8) is excused by action of the school board ofThe district at a ropier meeting a by the"
ffiltiict superintendent subject to approval brthe school board of the district at the next regularmeeting: Cam Seca' ch IOSLA 1977). - ".
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(9) he somplethd the 12th glade;,
(Id) is enrolledi in a fulltime program corresponciant,studlt approved 'by tjnedepartment; in tilos* school districts providing- an approved .Correspolidince. study program, a*drat may, bit enrolled either tin the, district correspondence prose-ark or the centralizedcorrespondence study program: -
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". , . ' Iv- .. (11) is equally wellserved 4i,, an educational,experience approved by the school board as ...serving his educational interiasts despite an absence from school, the request for excuse is made inwriting by his..parents or guardian, and approved by the principal perdmintstrator of the school he
. ' altendi (am Set 1 ch 30 SLA 1976) ., .. N .
(Sec 37.7 ACLA 1949; am Sec 36 ch 98 SLA 1966: am Sec 5 ch 71 SLA 1972: am Sec 5 ch 190'1...SLA 1975) . ..
Sec. 1430.0207Viblet lop. A person violating sec. '10 of this, chapter is -guilty of a.
misdemeanor and,ppon conviction is punishable by a fine of not less than $50-nor more than $200, fiplusthe cost of prosecution, and, may be imprisoned until the fine and costs are paid or until he has cserved one day for every $2.6f the fine and_costs, at which time the fine and costs are automatically,i, discharged E-Sch unlawful abSence is a Violation and if an absence is extensive' there is a new ,.;violation eat e five consecutive days 9f the absence elapse. The court may.suspend sentence..stay or postpone en cement of execution, or release from custody a person found guilty upon the -conditions which are in the best interests of the child. In any event, at the expiration of the school 'year, the person shall be released and discharged from all penalties provided by this section. (Sec37-7 2 ACLA 1949: am See 37) 98 SLA 1966) .
/Sec. )4.30.030. Report of violations and. procedurek. The Thief administrative officer of a
district or state-operated school shall report all apparent violations of sec. 10 of this chapter to Mel%governing body of the district. The governing body shall, on receiving the report' of on the :
complaint of any person, provide for a full.andimpartial lovestigatidn of all charges of violatiOn Inprivate or federal schools, the chief administrative officer° shall make a full-and impartial
...
investigation of all apparent violitions if it reasonahlx appears uponinvestigation that a perscfn hasviolated sec. 10 of thif chapter, the governing body of a district qr stateoperated school, or thechief administrative 'officer,* a private or federal school, shall make and file with the district courta complaint against the person, charging the violation. The judge or magistrate may issue a warrant .
for the arrest of the person and may act upon the complaint. (Ses,37-7.3 ACLA .1949; am Sec 1 ch' 32 SLA 1949; am Sec 38 ch 98 SLA 1966) ...7
. lSec. 14.30.040. Repealed, (Sec 59 ch 98 SLA 1966)
. , ..Sec. 14.30.045. arounds for suspensionor denim or admission. A school age child may be
suspended from or denied adtniisio,ithe public school which he is otherwise entifted to attendwhichonly for the following causes:
.1. . ..4
III continued !wilful disobedience or, open and-frafsistant defianCe of reasonable schooly
te authority;. V , _, 1
I
(2) behavior which is inimical* to the welf% safety, pr morals of other pupils;....
-. (3) 'a physical or mental condition which in the opinion of a competent medical .authority will render the child unable to reasonably benefit from the programs available;
.. t. (4) a physical or mental condition Which In the bpinicn df a corndetegi medicalauthority Will cause the attendance of the child to be inimitable to the welfare of other pupils;
4(5) conviction of a felony which.the.governing body of the district determines will cause .
the attendance of the child to be ini'micat to the welfare or 'adlcition of other pupils. (Sec $9 ch 98SLA 1966) . 0 . . .l.. ! * t ..
Sea. 14.30.047. Aknissiori or-readmission, when *case no4onger fodsis.(a) A child Who has been susperided.froxiAr denied :admittance to a schoolsccord- ,lag to see. 45 (3) or (4) of obis chapter shall be panykittea to attend school whenhe is-obviously recoyered or,presents.to'thigoveming body # stlftetitentinarritingfront's competent medical authority that ire is no longer siegricted with,vor sue-faring from, the physical or nteptai condition to te:extkAtttbat it Wa .cause for.suspension or dealal.of admisSiraccorclina to sec. 43(3) or (4) of this -chapter.'
..
(b) A child who has Aieen.s.tta.perile4 frosp or denied admittanCe to a schoolfor's* other cause provided by sea. 45tof this chapter shalibe ler:nit:iv& teattendlFhool when itreasbilablyIrpiears that the cause has been. remediad.(Sob, 40.1iii 98 SLA i946)._ ..." . - .
, ... . . .
. . ; .
Fn.
No;
Jai
oS '
74
,.v
Sec. 14.30.050. Truant officers. ( a) If it is not practical or an existinglaw enfotcement agency to enforce sec. 10 of this chapter, tki verning body ofthe school district or the Bureau of Indian Affairs may appcd 'the necessary.truant officers to enforce see'. 10 of this chapter. The state shall not contri-Bute to the expenses of an officer appointed by the Bureau of Indian Affairs.
(b) A truant officer may arrest and bring befor4 any district courtjudge or magistrate), a person violating sec. 10 of this chapter upon a warrantissued by the district colirt judge or magistrate. (Sec-37-7-5 ACLA 1949; anSec. 41 ch 98 SLA 1966)
Article 2 Physical Examinatibris.
44
SectionRepealed
70, Physical examination required'' 80. Repealed
-110. Repealed
Section . t120. Certificate of physical examination125. dbmunlration130. Repealed
-rm. Re pert
1430.060. Repealed. (Sec 59 ch 98 SLR 1966)
. . . .Sec. 14.30.065. Supervision. Ike program of Rhysital .e2canination an&
imemnizationa preseribedby secs. 65-212-5 of this chapter Beall be under thetenetal supervision and in accordance with regulations of the Depaltmet ofHealth and Social ServiCea. (Sec. 424th 98 SLA 1966; an See.,1 ch 131. SLA1967; :ate Sec. 4'ch .ch 104 SlA 1971) .. .
...!' -.
. ..-
See, 14.3,0.070. Physical examination required. (a) The goVerning.body of each bchool district shall provide Tor and require a physical. emend-
. nation, ot every child attending schoo1_,in the district. The eiactineeion shallbe made when the child eters school a; in `areas where no 6113roddian. resides,.as soon thereafter as is practicable, and thereafter at reviler intovaliv: : , - 'considered actyisahle by-the governing Stedy of- the district. . ' - -"
. ..' (b) The Department, Of 4ealth lotrioc ih.l. Services..pWrequirethS .
district to coquet addition-al physical examinations which ircimsiders- -necessary, and may re-Whim the district 'for the additionsa. examinations on
4., the basis and to the extent the ermilasiontr of health and nocial'iervines +prescribes by regulation.
.
i
I. / . .
...._,
3 if the services 'of a physician connote be obtained orif authorized. by the
... Cc) Examinations *Wall be side by a competent physician, except fit , .
commissioner of health and social. services emmianstions may bjada by a:
SLA 1953; am Sec: 43 ch 98 SLA 1966; 411-441c 6.oh 104 SIA 3971)nurse. (Sec. 37-7-U MU 1949y an Sec.. 10 oh 118"SLA 1949; am Sec. 1 0.1`72/ -
. ... ...
'
Sea 14.30.080 Sec. 4.30.110. Repealed. (Sec 59th 9$ S,LA 1966)
,... ..." Sec. 14.30:120. Certificate-of pirysicai examination. the school'Issiird,
.
when physiearemantuttions, aFe made, stutll deliveF to .the.parent; .S;uardifik4 of ther pep* having the reoponaitrilitle. for or onttiff of he ohiltd a report- -
Shoed by the pkysid,lan or nurse making the asaminatitn, specifying the- findings .-with respect to tint lieeltli. and physidei iip11belpg oft)* child". (Seet-37-113 -*-
x7114940 its,:tictillifi.; Sid 1949-nzt Set-: -0- ch *13.-.SLC 1960 .-"-. -.' 1., .
tibias. if in the judgment, opkthe coals .CAW it is necessity, for the welfare of-the children
an area, - the governing body of the salmi. district04.1 termite the children attending-sabool in. that area to-e immunised g........,
against the dineieis the A'oimaidatimet Of. health and *cal services may. specify. (Ss& 115 'eh 98 SU- 1968; en- Sac. 2 WWII:A 19671. 8M Slew ,6 - C!2 104
Sfek /911) . - It -
'
ec.of health :Octal por the meta public in
" *7ee. 14.30.130 7;14.30470- .1kepialed. .(lec-89 ch 98 SLA 1966)1
. . -
, -4 .. e ...
0
Article 3. Educetion for Exceptional Children
le Section Section.
- 7r
180.' Purpose 285. Rangers of exceptional children185.` Repealed 290, Repealed .
186. Coverage 300. Repealed190. Repealed 305. Children hospitali;ed or confined151. Educational assessmerlt to their homes
/1 200. Repealed 310. Repealed230. Repealed 320. Repeated231. Advisory committee . 330. Application for enrollment .,
240. Repealed 340. When not required to enroll
t 250. Teacher qualifications 345. Repealed260. 'Exception to qualifications 347. Transportation of exceotienal children
11, 270. Substitutes 350: Definitions .
280. Psychologist qualificationsSec. 14.30.180. Purpose. it is,the purpose of 'secs. 180 - 550 of this
chapter co provide competenc education services for the exceptional childrenin the, state who are at 1§t three years of age apd for whom the regular.school, facilities are inadequate or not available. (Sec. 1 eh 120 S14 1959;am Sec:. 1 ,ch 144 SLA 1970; am Set. 1 ch 79 SLA 1974)
441.1..
A.Sec. 1 30.1135 Repelled, (Sec 59 ch 98 SLA 1966) . rA.* *Sec 30.186.- Coverage. (a) A borough or city school district '
shall pre e for. 4p IA services for exceptional childrep represented by'not less than, five chi en residing( in the. trict.
. , .
(b) The board of a regional educational attend ce area shall provide for, pecial.
services ina sCh in threreador exceptional children represented by nor less than five children residing inofthe area served by the school. 2
e:
A(e) NOthing in this section shall prevent special services from tieing
offered to classifications 'represented by less than five children. i .. ,. ..
(d) A school district or a regiohal educational attendants area required by secs. 10.305of-t hirchspteo-hr or:M*1115MS* seri/it's for exceptional children may cooperate with one or more.
school districts or regional educationalvattendance are in providing special classes, 0, under thecooperative_agreemerit, Aire are no special elinses offered within a school district or regional
. educational attendance area, exceptional children may attend special' classes ln the cooperating_, school district or regional educational attendance sia.providing the special. classes. ,
. . . i. . . .
(Sec 2 ch 81 SLA 1965; am Sei 1 cfe46 SLA 1966; gm Sec 46 ch 98 SLA 1966; am Sec 22 ch 46. . SLA'1970; am Secs 2, 3 ch 144 SLA 197itt am Seis 21, 24 ch 124 SLA 19751 ..-,: *.
75
s. .
Sec: 14.30.190. Repealed: (Sec4 0'144 SLA 1970)
sec. 14.30.'191: Edusttional assessor pt, (a) Befetk placement in as special Sdeicetfon progiant and not lest than once a year for east long as the )child is assigned* ro adpecial education program, azt.W"tional child shall-receive an educational esesement for (tie identification sputiclassiticatioaof the learning,' mental And physical. status of the child.f..
(b). 'Upon completion of the assessment goddistrict shell pr ride to the parent of guardian vv
the . school-ptional child,
Itt art opportunity for consultation about -the assessnent. A consultation willbe available after each 'reez......10\aation bf the cOndit ion aed placenta of theexceptional child. f
41.' 4. A.
(c) If a parent or guardian believes that the edua'ationa.assessmet,of his child is 4u error,. he -iffy re-466kt an indePerident examination andevaluation of the child. If a:substential diecrepencyexists-betweei Oheeducational .aseeedment of the school distritt and the indepeodent evaluation,and if the 'parent or. guerqiatvSq requests, a hearfng shall be held before .
s hearing officer 1.6 order to resolve the dissrepancy between evaltietions' 41.
and to determine the, appropriate edtscatiotvg. ogram placement for the excep- j-itiona). child. The Departisent .co,f Education shall adopt regulations for tkeconduct of.hearings authorised by thX8 section, lor the appointmemg and
4
of the hearine oifiCer. Reinletioni adopted encLmrodeed ireconducted under this seetio4ere, &Abject to the Administiattfe troceduie A.-.!.s. .
,
a
5
zr
h
.
tr.
76
t
(d) The Department of Education and the Department of Health and Social Services shillcooperatively establish by regulation diagnostic standards for the identification and classification ofthe !earning, mental and physical status of exceptional children. Standards- relating to special
. education programs, individualior general; shall remain the responsibility of the Department ofEducation in conjunctihn with the locil education agency. (Sec 5 ch 144 SLA 1970; am Sec6 ch
104 SLA 1671;am Sei 2 ch /9 SLA 1974)
Sec. 14.30.200 .14.30.22a Repeated. (Sec S ch 70 1963)
Set. 14.-30.230. Repealed. (Sec 4; 1,44 $LA 1970)
Sec. 14.3/231: 'Advisory committee. The commissioner of educed° nd th:commisiionerof-health and social servicesssball establish an advisory committee, the unction of which is to
Otovide information and guidhnce for the development of apiyopriate special education programs
-and services for exceptional children. Membership of the advisory committee shall include, but not
be limited to, persons representing loCal education .agencies, state agencies, parent groups and
organizations concerned with programs aridiservic'es for exceptional children. (Sec / ch 144 SLA
1970;am Sec 6h-204-.SLA 1971)
'Sec. 14:30.240. Repealed. (Sec S ch 70 SLA 1963)
Sec-14.1025. Teacher qualifications. ileraerson shall be employed to teach a, class forexceptional children antess`he posses;es a valid teacher certificate. and, in.addition, such training as
Out department atyrequire by regulation. (Sec 9 ch 120 Wkl9S4;arri Sec 47 ch 98,S LA 1966)
Sec. 14.36.2Sk,.... Eaceptioli to Qualifications. The school board for a drstrict or regional.ectucational attend-ince area may waive pad of the qualifications for teachers as setout in sec 2S0
of,this.chapier. if necessary; during the first school year special services are offered in the district
area ..
"(See l° cb 120 SLA,195* am Sec 6 ch -,126-SLA 1961; am Sec 48 0 S8 SLA: 1966; am Sec 23 ch
46 -§k-A 1970;earn:Sec-25 6-124 SLA 197S)
-Sec- :14.30.270: Substitutes. Section 250 of this chapter does notptohihrt: the employment of a person, otherwise quatifiedto'serve as asu.bstituteteaclier, to serve as a leacher of a class for exceptionalchildren. (Sec. 12 ch 120 SLA 1959; am Sec, 49 ch 98 SLA 1966)
.0.'Sic. 1430.280. Psycho1o0st qualifications., The minimum standards
for a psychologist are the minimum standards set out in the state class 1-lication +tan for a psychologist, and such additional requirements as thedepaitment ipeescr i bpi by regulation. (Sec. .11 ch it() SLA 1959; am Sec. '2cch t25- 1941; am Sec. 50 ch 98. SLA 1966) .
. lac. i0.2115c Transfers .of' exceptional'.
chilegn. (a) The Department. r-
of /duce on shall institute a statewide program far the education of excep- tional . firkin, to insure, that' whenever passible children are editcated. in . '-
the stn e at Ibeations -in or hear their resident school district.. 1
A . . ,
. (h) .Thp identified._ticceptliqal child may be seat to .another schooldistrict 9r. ',testate educational program if the child resides in a diatric
_ -
Ar, school :atteadance area where an adequate program of 'education for as
exceptional *lifla: lc nOi.-40affebre --ail If the,scoircii,istosiii of eiticitien- ,
11e,teriatkes.-that. another school ,dist;ict or Indstate educational program is- - --adecia4:to lacet hip needs. Tf tfui school district approves the enrollment
. . of ttea.exceptioast chgPin-another school district or in-state institution '- .- - and f4- old de- enrolled ,, 'the Child's education expenses shalt be paid as
,-. .... . _ -.4o/losis: :. .*-,". . .. . - . ....
.- to
-`t ". .
t. .
. - (1) the sending '064 distrft.ct shell pay .the receiving disOziot-inetfmetri..iiri erneotiat of money ;equal to, 'the sending .dis' ct's local
castniet.apt.,1:* e .
->t' -. .:r7",
rt
9
4
+1,4
4
(2) the Department of Education shall pal the remaintier of.theannual cost of the child's education abOve that provided for in (1) of thisaubsection
.
(c) The ttntified exceptional child may be sent out ofrthe state forspecial eddcation if the childresides in a district or school attendancearea whore the educational program offered is not appropriate for the needsof the child and ifthe commissioner of education determines it'is notfeisible fothe child to be enrolled in a special program in.the state. Ifthe Deertment of Education approves the enrollment of an exceptional child,in an oltrof-state institution and the child is enrolled in the institution,the child's education expanse* shall beyaid by the Department of Education.
(d) For the purposes of this section a child's education expenses areUpload to the actual cost.of,necessary dare; transpprtation and instruction,including room and boar, while attending the designated'institutian.'
(e) The educatiohal assessment of an exceptional child which indfcatmsthat the edueMtional program which is-locally available is inappropriate fortthe needs of the child shall conform to the standards set out in sec. 191of this ttpter.
(f) ochild may be transferred to a school outside the district inwhich the child resides without the consent of the parent or _guardian. (Sc.i2 ch. 14 Mk 1966; am Secs. 8,9, ch.1441LA 1970; am Sec: 6 ch 71 ALA 1972; .
am Sec. 3 ch 79 SLA 1974) 4
,4
PeC. 14.30.295. Repealed. (Sec4chASLA1974)
4.S4c;14.30.300. Repealed. (ietSch 7051-A1963)
4
' r
4.rw
Sec. 14.30.105. Children hospitalizedor confined to their homes.Special instructional services for exceptional children who are hospftaltized or confined to their homes may be provided by a school district. Achild who receives at least 10 hours of instruction per week maybe countedas a pupil in average diily membership, when computing state support under
the public school foundation program. {Secs 2 ch 46 ti.A 1966)
e''"
Sec. 14:30.310: Repealed. (Sec's ch 70 $LA 1963)
Sec. 14.30.320. Repealed. (Sec 5 ch 70 SLA 1963)
, , Sec. 14.30.130. Application for enrollment. (a) The parent orguardian of en exceptional child, or the school administrator, for excep-
tipmalchliciren residing in the district arek)n which the administratorivemploYedl'shall make application for,ethe enrollment of the'child. If
- the administrator mikes the application, it shall be with the full knowl-
edge and consent Of the parent or guardian.
(b) The application shall be on forms provided by the.departmentand shairbe submitte to the gpverning.body of the .district in which thechild resides. When an appliamfion is ubmilted toTiChool board, itshall be forwbrded to the commissloner.
(c) Final, cqrtificatio.of a student for special services 1s _theresOoo5ltgifftrofthecorgiatiSibradFV*111@i'031470A1E-4ndiii-O evaluationas defiAled by regulation of the departmmdt by qualified personnelvfor the
.
puN..
rpOrddrdetermidIng whether or not the child is capable of receivingbenefit froth enrollMent.tri a special education program. If determinedeligible andcapahje of receiving and'uponlbpprovel of the - .
4.
epplication by the commisslopert the child Shall berecommendedfdr enroll-ment. (Sec. 17 ch 110 Sul 1959 ask Seer 4 ch 125 SLA 1961; am-See. 51ch '98 SLA 1966; am Sedi. 12' chi 144 SLA t'970)
.
. .
4
4
.:
t
78.
Sec. 14,30.340. When not required to enroll:
No handicapped child may be required to enroll in aispecial education program if the parent orguardian of Die child certifies to the satisfaction of therschool board of the public school,systemwhere the child resides that the child is receivingIdequate educational advantages. A child shall beexcused from the Compulsory education requirements if a physician certifies in writing that the -child's bodily. mental or emotional condition does not permit his attendance at school, (Sec 18 Or120 S LA 1959; Sec 6 ch 125 SLA 1961)
.Sec. 14.30.345. Repealed. (Sec 59 ch 98 StA 1966)
.
lec. 14.30.347. Transportatio5 of exceptional children? er " .
441.44, When transportation is r.equired to be provided as part of special services, exceptionatohildren
shall be carried with other children, except when the nature of their physical or mental handicaps issuch that it is in the best interest of the exceptional children. as dettirmined by the school district;--- --that they be transported separately. State reimbursement for transportation of exceptional childrenshall be as provided for transportation of all other peeps except that eligibility for reimbursementshall not be subiectto restriction based on the minlinum distance between the school and theresidence of the exceptional Child. Om Sec 1 ch 52 SLA 1976)
4...
Sec. 14.30.350. Definitions.
(1) " exceptional children" means children who differ markedly from their peers to thedegree thit they are better served by placement in a special hinnies) program designed to servetheir particular exceptionality; these children may be identified in the following categories:
.. (A) **mentally retarded" includei those' children of educable and trainable mind,* who consistently demonstrate evidence of reduced academic achievement or socialbehavior and whose intellectual potential indicates restriction significantly belowthat oftheir peers;
,, .
(4 "physically handicapped" includes 'ehikken.. whose known or diagnosedphysical impairments are so. severe or involved that special facilities, equipment or
. methods are needed to/mkt their educational program effective;. , .
(C) "emotionally handicapped" includes children whose known or diagnosed'emotional- impairment is so severe or involved that special; facilities, equipment ormethods are needed to make their educational program effciet,
.(D) "children with disabilities" includes those who exhihirdisioders in one -.
.
or more, of the im.sic learning processes Involved in comprehending pr using expressive orreceptive language and who may require special facilities, equipment methods to maketheir educational program effective;
s' (E), "gifted" inchideschildren having outstanding intellect, ability or creativetalehti programs' or services beyond the level of those ordinarily provided as regular.school programs. shall be submitted * the depertniint 'for supplemental funding on anapprcwed.prOgrarn basis; .
.
. (i) "multiple 'handicapped" includes children whose' ,known or diagnciied. .
handicaps, are determined to be any combination Of.(A) (E) of this paragraph whose.. needs deinand. the provision of special facilities, equipment or Methods to make their
educational program effective; 2 ,
. ., 4 . ' .r
(2) "special services" means bit is not limited, to transportation, special: teaching,corrective teaching, correCtive-healthtlhitand the "Ision-otspecial seaKbOOks. 4401119supplies,supplies, faiilitieso and, equipment required foi 'the iiittlan of exCeptionaI children, andinciudeseducation and training lot cppren who can t ufflize regular cf4srooni instruction.
A (Sec 2 ch. 120 StA 1959; am Secs 5, 6 ch 81 ftA 1965; Sia .1* 3 14 ch 144 $61k 1970).
. t- .. * .
C
K
360.370,
4
Article 4, Health Education.
CurriculumEvaluation
Sec. 14.30.360. Curriculum. (a) Each district in the% state public school system shall beencouraged to initiate and conduct a program in health education for kirideigarten through grade12. The program should include instruction iri physical health including alcohol and drug abuseeducation, dental health, family health, environmental heal% and appropriate use of health
. services.It is the intent of the legislature that public school systems implement a program of alcohol
and drug abuse education in coordination with other health education programs.
79
(am Sec 1 ch 106 SLA 1978)
(b) The state Board of Eiltleati011 shall establish ky regiiiation guidelines for a healtheducation program. A school health education specialist position shall be established and funded inthe Department of Education to coordinate the program statewide. Adequate funds to enablecurriculum and resource development, adequate consultation tO school districts, and a program ofteacher training in health education shall be provided.
_-Sec. 14.30,370: Evaluation. Health education programs conducted under sec. 360 of this
chapter shall be evaluated by the Department of Education in the same manner as other curriculumprograms are evaluated, except that the evaluation shall also include changes in the health status ofthe pupils as determined by physical and dental' examinations conducted under secs. 70 and'120 of
- this chapter. (Sec 1 ch 188 SEA-1976)
Article 4. Bilingual-Bicultural Education.400. Bilingual-biculturaleducation410. Bilingual-bicultural education fund'
Sec. 14.30.400. allingualicultural education. City or borough district school boards andregional educational attendance area boards shatl provide a bilingualbicultural education programfor each kchocti in a city or borough school district or regional educational attendance area which isattended By at least eight pupils of limitbd English-speaking ability and whose primary language isother than English. A bilingualbicultural education program shall be provided under a plan ofservice which has been developed in, accordance' with regulations adapted by the department.Nothing in this section precludes a bilingual-bicultural education program from being provided ,forless than eight pupils in a school. (Sec 26 ch 124 SEA 1975) .
Sec. 14.30.410. Bilingualbicultural education fund. (a) There is in the Department ofEducation a bilingual-bicultural education fund which is an account in the general fund to receivemoney appropriated by the legislature for biling*bicultural education and to be used for
, bilingual-bicultural education program irnplementatiat and materials deyelopment. (am Sec 9 ch'115 SEA 1978)
(b) The department shall adopt regulations for the determination of entitlement and thedistribution of bilingualbicultural funds to city and borough school districts and regionaleduCational attendance areas and the statewide center.
(Sec.26 ch 124,-S LA 1975)
NO.
Jet
80 Chapter 33. Pupil Safety.
1. Sthool Safety Patrols (Sec.. 14.33.010 - 14.33.060)
Article 1. School Safety Patrols.
Article
Sect ion10. Requirements for school
safety patrols20. Organization of a patrol30. Outies of a patrol
Sect ion40. Guidance for patrols50. Cooperation with law enforce-
ment authoritiesImmunity from liability
Sec. 14.33.010. Requirements for School Safety Patrols. The school board of a borough orcity school district or regional educational, or a private or denominational school may require thatschool safety patrols be established to assist pupils to cross streets and highways adjacent to schoolsin safety. (Sec 1 ch 68 SLA 1964; am Sec 53 ch 98 SLA 1966; Sec 25 ch 46 SLA 1970;am Sec 27.
fch 124 SLA 1975)
Sec. 14.33.020. Organization of a patrol.(a) If a school board, or a private or denominational school determines that a safety patrol
should be established for a school, the principal of the school shall appoint pupils in the school toserve as members of the patrol.
(b) A pupil shall not be appointed a patrol Member unless his parentsor guardian give written consent to bis membership in the patrol.
(c) The principal shall designate a teacher or teachers M the schoolto supervise the °potation of the patrol.
(d) The principal shall consult with the local law enforcement author-ity to determine those locations adjacent to the school where the patrol maybe most advantageously used.(Sec 1 ch 68 SLA 1964; am Sec 26 ch 46 SLA 1970;am Sec 28 ch 124 SLA 1975)
- Sec. 14,33.030, Outies of a patrol. "(a) Patrol members shall
(1) encourage pupils to refrain from crossing streets and -high-ways at other than regular crossings;
(2) direct pupils not to cross streets and highways when thepresence of traffic renders crossing unsafe;
(3) when directed, assist pupils to safity board or leave,.scho;1 buses.
ib) "A patrol member shall not, under any circumstances, be permittedto direct vehicular traffic or be stationed in a street or highway whileperforming his duties", (Sic. 1 ch 68 SLA 1964)
,
Sec. 14.33.040.. Guidance for patrols. The commissioner shall, afterconsulting with. the commissioner of public safety, pnomulgate standards toguide patrol members in the Conduct or their duties, and shall specifyappropriate insignia to be worn by patrol members while on duty. (Sec. lch 68 SLA )964)
Sec. 14.13.054. Cobleration with law enfoMbent authomitiee, Thestate troopft,crr the police department of a political subdivision of the'state may, upon request by the depArtintst, sc.bool..board-,- or-a-private-ordenominational school, assist fn Ehe training and control ,or safety pettols,1Sec. '1 ch SLA '1964; am Sec. 22 ch 127 SLA 1974)
Sec. 14.33.060. Immunity from liability. The state or a politicalsubdivision of it, a schobi hoard or any Individual member of it, a private,or denominational school', principal', teacher,.,patrol member,. or. -parent orguardian- of a patrol member is lemma from liability which alight otheniiscibe incurred as a result of an injury caused by an agt or the failure to aceon the part of a patrol member while on drity.. .(Sec. I ch 68 kia 1904)
..ho-.. -C
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Chapter 35. Vocational Education.N.1
Section10. Acceptance of Act of Congress
for vocational education20. Duties of state Board of
Education
Settion2S. Duties of the Department of
Education30. Commissioner of administration as
custodian of federal funds40. Repealed
Sec. 14.35.010: Acceptance of Act of Congress for vocational education.The State of Alaska accepts together with the benefits of all respective fundsappropriated thereunder, all of the provisions of the Act of Congress approvedFebruary 23, 1917, Public Law 147;64th Congress, entitled: 1'Act Act to providefor the promotion of vocational education; to provide for cooperation with thestates in the promotion of such education in agriculture, home economics an*trades and industries; to provide for the cooperation of the states in the prepara-tion of teachers of vocational subjects; and to appropriate money and regulateits expenditures," and Acts amending or supplementing it. (Sec. 37-9-1 ACLA1949)
Sec. 14.3$.020. Duties of State Board of Education. (a) The State Boardof Education serves as the state board for the purposes of any of the Acts de-scribed in sec. l0'of this chapter.
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(b) When required by any of the 410a,desuribed in sec. 10 of this chapterthe board shall -
(1) prepare, submit, and supervise the administration of theplans for vocational education and vocational rehabilitation;
(2) select a state director of vocational education;
(3) establish the minis-hum qualifications for teachers, super-visors, or directors;
(4) detehnine the prorated basis on which money shall be availablefor the salary and necessary travel expenses of the state director ofvocational education.
(c) Nothing in this section shall be construed to repeal or modify anyexisting statute. (Sec. 37-9-3 ACLA 1949; am Sec. S4 ch 98 SLA 1966)
Sec. 14.35.025. Duties of the Department of Education. When required byany of the Acts described in sec. 10 of this chapter the department shall
(1) cooperate with the United States Department of Health,Education; and Welfare in the administration ofthe Act;
(2) do everything necessary to entitle the state to receivemoney available according to the Act;
(3) represent the state in all 'matters relating to the adrninistra-:;tion of the Act;
(4) expend and diabitive money received according to the Act;
(5) designate the districts, schools, departments, or classesto participate ii the benefits of money received 'according to- the A013..-tSe55 chi 98BL- A'19601.
"-- Sec. 14.35.030: Commiasioner of admirdstration as custodian of,federal" funds. The cOminissioisar of. administration is designated custodian'of appro-
prietions made under. airy of the' Acts descrthOd in sec. 10 of this chapter. Heprovide forihe proper custody and disbursement of all money
paid to the state according td- any of the Acts. (Sec 37.9-2 ACI.A 1949; em Site SO6-98$1441966). .
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132 * Chapter 36. Community sabot*.
10. Purpose, Intent20, Community Schools Grant Fund Created:
Limitations on use30: Grants40. Community School Program, Ap Katie) for Grants50, Application Review, 'Disposition60. Technical Assitance
10. Definitions
Sec. 14.38.010. Purpose, Intent. (a) Tile community 0o1 is an` e2pression of thephilosophy that the school, as the prime edAtional institution of the unity, is most effectivewhen st involves the people of that community in a program designed to fulfill their educationalneeds. The community school promiites a more efficient use of school facilitieretkrough anextension of buildings gird equipment beyond the normal school day. The purpose of this chapter isto provide state leadership and financial support to encourage and assist local school districts in theestablishment of community schools.
(b) It is the intent of the legislators thatJ
(1) a program of community school grants be established to. provide assistance to localcommunities in the initial development and implementation of community school programs:
(2) technical assistance and coordination of statewide efforts to develop and operatecommunity school programs be provided by the department; and
(3) the community school program will become fully operational at the beginning of thesecond liscal year following its authorization: (Sec 1,0 103 SLA 1975)
Sec. 14.38.020. Community Schools Grant Fund Created; Limitations .on Use. There iscreated a community schools grant fund as an account in the general fund. The fund shall be usedto make community school grants to focal attendance areas or school districts under this chapter.Legislative aPproprons for community school grants shall be deposited in this fund. Communityschool grants may used for planning, training and operations.
Soo. 14.36.030. Grants. A district operating an approved community school program mayreceive a firstyear grant up to onehatf of one per cent of its public school foundation support, asecond-year grant of up to one per cent of that support, a third-year grant of up to one and one-halfper cent of that support, and a fourth-year grant of up to two per cent of that support. The supportprovided shall be in the proportion that the number of schools in each district that are operated ascommunity schools is to the total number of schools in the district. (Sec 1 ch 103 SLA 1975)
Sec, 14.38.040. Community School Program. Application for Grants. Under regulationsadopted by the state Board of Education, a local attendance area y submit to the commtsiioner,throng school district. an application for a community stool grant. An application shallindud
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(1) a comprehensive plan for the community school program, including. but not limitedto, before and after school hours activities for both children and adults, continued educationprograms for children and adults, and cultural enrichment and recreational activities for citizens inthe community:
(2) a provision for a community schools advisory councik
(3) provision for community school direction and coordination to include personnelrequirements;
(4) a statement as to the number of schools to be operated as community schools.
(Sec-1 -ch-.103-t1A 1975) .
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Sec.14.36.050. Application) Review, Disposition. - ..1
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The oommissioner shall reviewand approve, disapprove or return to the initiator through thedistrict board fortmodification, an application for a community school program grant. ,(Sec I ch
, 103 SLA 1975) .. 1
Sec. 14.36.060. Tedirtical Assistance. .. ....
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On the request of a school district, the department shall provide technical assistance to aschool district in developing and submitting an application for a community schbol progrim. Thedepartment may useqts own staff or consultants that may be necessary to accomplish this purpose.(Sec 1 ch 103 SLA 1.5)
Sec. 14.36.070. Definitions.
In this chapter
(1) "board" means the governinghody of a school district;.
. (2) "commissioner meess the commissioner of education:
(3) "communal/ school program" means the composite of trite educational, cultural, socialand recreational services provided the citizens of a community, .except those services normallyprovided through the regular instructional program;
(4) "department" means the Department of Education;
(5) "district" means a school district or the state-operated schools;
(6) "local attendance area means an elementary or secondary school, or combination ofthese schools, which functions as a distinct administrative unit.
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(Sec 1 gh 10I SLA 1975)
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Chapter 40. University and Colleges.
:Article .1. Establishmentand Organization (Sec. 14.40.010- 14:40.117)
e 2. Ellialdjil Regents and President (Sec. 14.40.120- 14.40.270)3. Property and Funds (Sec. 14.40.280- 14.40,450)
.= 4...Scholarships for High School Graduates (Sec. 14.40.460- 14.40.560)5. SchOlarships for Natives (Sec. 14.40,510- 14.40.550)N6. Coinmunity College Act (Sec:14.40.560 -14.40.640)7. Western Regional Higher Education Compact (Sec. 14.'40.660 - 14.40,695)8. Compact for Education (Sec. 14.40.7001- 14.40.730)9. Scholarship Loans and-Tuition Grants (Sec. 14.40.751 - 14.40.806)
10. Michael Murphy Schoiarship Loan and Grant Fund (Sec.14:40.819- 14.40.845)11. %State Agreements with Private institutions of Higher Oducation (Rhpealed)11. Alaska Commission on'Postsecondary Education (Secs 14.40.901 - 14,40.916)12. Free Tuition and Fees for Dependents of Prisoners of War and Those Missing in Actio
Action in Southeast Asia (Sec 14.40.920)
Article 1, Establishment and Organization.
Section
10 University of 'Alaska-20. ' Site of university
30. Transfer of powers and dutiesof Agricultural College andSchool' of Nines under Acts .
of Congress°40. -General powers of the
. 'university50. Discrimination because of
sex, color or nationality-p ted
60. University currimuldm70. Collection of fossil
remains authorized
Section80. Establishment of institute of
marine sciences90., Correspondence courses -for
prospectors and miners100. College extension service110. Establishment of business,
economics, and publicadministration researchprogram
115. Estahlishment of mineral industryresearch program
117, Establishment -of Alaska NativeLanguage Center
Sec. 14.40.010 University of Alaska. The University of Alaska shallconsist of the College of Agriculture, the School of Mines, the Oepartmentof Agriculture Experiment Station, the Oepartment of Agricultural ExtensionWork, and other colleges and departments which may be established, includingdepartme9.ts of anthropology, archaeology: ethnology, museum, natural historyand paliEntology. (Sec. 37-10-1 ACLA 1949)
Sec. 14.40.020. Si te of university. The trnivers of Alaska is thebeneficiary under the provisions of the Act of Congr ss a proved 4ugust 30,1890, designating the Alaska Agricultural College and Sch of of Mines asbeneficiary and the four sections of land specified by t Act of Congressapproved March4, 1915, and used as a site for the Alask Agricultu.ralCollege and School of4lines are the site for the Univer ity of Alaska.(Sec. 37-10-9 ACLA 1949)
Sec. 14.40.030. Transfer of powers and duties of Agricultural College and School of Minesunder Acts of Chngress."'All powers, duties and obligations devolving upon the Alaska AgriculturalCollege and School of Mines in connection vrith or by reason of Acts of,Congress, gait or future, Inrelation to agricultural colleges and agricultural or mining experiment stations, extension work inagriculture and instruction and extension work in the mechanic arts granted to and imposed uponthe Alaska AgriculturalCollege and School of Mines are granted and conveyed to and Imposed noonthe University of Alaska, and beginning with the first day o/ July, 1935, the University of.Alaska.isdesignated to receive all money. appropriations and grants to the state for the purbosas set forth inthis chapter. The comptroller of the University of Alaska is designated and appointed to receivedirectly and to disburse all funds which the state is entitled to receive under the Act of Congress ofMay 8, 1941 (38 Stat. 372),.as amended by the Act of June 26, 1953 (67 Stat. 8'; 7 U.S.C. 341 -348). (Sec. 3Z-10.8ACLA 1949; am Sec.` 1 ch 107 SLA 1957)
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Sec. 14.40,840. General powers of the'university. There is created and established a cot-s notation to be called the University of Alaska. It may in that name
(1) sue and be sued;
° (2) receive and hold real and personal property;(3) contract and be contracted with;(4) adopt d alter a corporate seal:t0/4(5) do d have done all matters necessary for the purpose of any function set forth
in this chapter. (Sec. 37-10-2 ACLA 1949)411111 <,.
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Sec. 14,40.050, Discrimination because of sex, color nationality prohibited. No personshall be deprived of the privileges of the university because of sex, color or nationality. (Sec. 37-10-4 (h), 37-10-24 ACLA 1949) .
Sec. 14,40,060, University curriculum. The University of Alaska shall use the property andfunds acquired for the purpose of conducting a college where the leading objects shall be, without*excluding other scientific and classical studies, and including military tactics, to teach branches oflearning related to agriculture, the mechanic arts and household economics in order to promote aliberal and practical education. (Sec. 3740'4 (h) ACLA 1949)
Sec, 14.40,070. Collection of fossil remains authorized. The university may collect and" store the bones and other remains of thtmammoth, mastodon, horse, bison and other fossil remains
of these and other extinct animals found in the state in mining and other excavations. (Sec. 37-L40-19 ACLA 1949)
Sec. 14.40,09. Esfablishment of institute of marine sciences, The university may establishan institute of marine science to provide a program of education and research in physical, chemical,and biological oceanography, and related fields. When established, the institute of marinksciencesshall Be maintained and operated as an integral part of the university, at one o more sites deter-mined by the Board of Regents. The powers, duties, and functions of the Bbard ofIRegenb per-taming to 'the university extend to the institute of marine sciences in the same manner as to otherdepartments oi institutes of the universtiy. (Secs. 1, 2 ch 149 SLA 1960)
Sec. 14.40,090. Correspondence courses for prospectors and miners, (a) The university4 .0;4. establish and offer to bona fide Alaska prospectors and miners in the state a correspondence
eotirse equal and parallel to fhe mining extension course be)ng taught at present.. .
....(b) The university may establish the minimum charge necessary to defray costs of material,booki and postage used in the course: (Sec. 1,2 ch 14 SLA 1957)
rim. See, 14.40,100, College extension service. The regents may conduct a college extension
service. the leading object of which is to carry information on rural life subjects to the people oft the state, (Sec. 37404 (h) ACLA1949)
. Sec. 14.40,110. Establishment of business. economics, and public administration research
program. The university 'may establish a business economics and public administration research. program for the purpose of developing and publishing statistics and other information regardin4the economy, government, and resources of the State. (Sec. 1 ch 80 SLA 1961)
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' . Sec, 14.40.115. Eitablishmant (*mineral industry research program. The university shall. .-establish a mineral industry research program aid coordinate with the state and federal mineralagencies to implement the program by . .
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(I) using the laboratory facilities and staff of the College of _Earth SciejiCes andMineral bits-try to initiate applied and appropriate basic research in the areas of mineral benefici-ation, mine and mill design, new mineral product development, and improvement of/explorationmethods, such as geochemical and geophysital prospecting;
making the facilities of thedgogram available for research on mineral deposits1.rin the state;
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(3) making studies an specific problems,relative to AfaslOs mineral industry uponrequest. (Sec. 1 ch 32 SLA 1963)
Sec. 14.40.117. Establishment of Alaske Native language center.establish an Alaska Native language center, the purpches of-which' are to:.
t (1) study languages native to Alaska;(2) develop literacy materials;(3) assist in the translation of important documents;(4) provide for the development aOetlissemination-of Alaska Native literature; an(5) train Alaska Native language speakers to work as teachers and aides in bilingua
classrooms. (Sec. 1 ch 175 SLA 1972)
The university sbt all
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Article 2. Board of Regents and President
r Section SectionUniversily governed by Board 220. Duty of president to define dutiesof Regents and supervise appointees
130. Qualifications of regents 230. Powers of regents to remove officers140. Term of office 240. Power of president to suspend and expel150. Appointment Pt regents students-160, Board migt,ingS public, meeting 250. Regents to act as trustees and
riotice..poiliiic facilities administer money or property froms 170, pvtleset Board of Regents sources other than legislature or180.': Religious or partisan instruction, federal appropriation
tests and appointments 260. Expansion of 'courses190. Report to legislature 270. Extension of compliance acts200. Quorum210. ,Powers of president of the university
' Sec. 14A0.120. University governIhy Board of Regents. The University of Alaska sF! 8 7be.gayerned by a Board of Regents consisting of 11 regents. (Sec. 37-10-3 ACLA 1949;;am Secch 80 SLA 1973; am Sec. rch 168 SLA 1975). . c
Sec. 14.40.130. Oualificationsof regents. (a) Each regent shall be i citizen of the Unit,States and a resident of the state. (Sec: 37-10.3 ACI-A 1949)
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,(b) In addition to satisfyhig the requirements of fa) of this section. the regent appointunder Sec. 150(b) of this chapter Must
(1) be enrolled as a full-time student at the University of Alaska at the timeappointment;
(2) remain a full -time student while serving.
(c) Failure of the regent appointed under Sec. 150(h) of this chapter to remain enrpileas a full-time student at the University of Alaska during his term results in forfeifure of that afros
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.(d1 `The governor shall appoint a successor-frore those students appearing tiiich the fist
of nominees submitted to nim under, Sec. 150(bl of this chapter Within 60 days of a forkitige or, ,vacancy in the'office.
.tel For purposes of this section, the term "full-time student" is defined as provided in
-the University of Alaska' Academic Rbgulatione.
.(am sec. 1 ch3 SLA 19771
Sec. T4.40.140. Term of Office' Except for a student regent as specifidd in Sec. 1501(4'of thosechapter. the term of office of a regent is eight years. The'terrn office begins on the firstMonday in February of. the year in which the appointment is made. EaCh regent serves Odd hissuccessor is appointed andqualifies 5ec 37-10-3 ACLA 1949; am Sec. 2 ch 80 gLA 1973). .
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Sec. 14.210,150. Appointment of regents. (al The governor shall ap point the regents tub-sect to confirmation bg a majority of alt the members of the legislatine Pi joint session. The namesof thise appointed shall be sent to the ledidature Within five day's after the opening of the session,for confirmation or rejection. If a person appointed is not conf oried by aonajority vote of all'the'
e of another person shall be sub -adjourns without confirming theoint a qualified person to fill theay not be appointed. The term of
n of the legislature following-the
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members of the legislature. his appointment ceases and the namilled Tiffin three days after the, rejection. "If the legislaturnominee, or if an interim vacancy occurs, the governor may apvacancy. However, the person who has failed to be confirmedoffice of the appointee expires on the fifth day ofj the sessiappointment.
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(b) At least one member of the Board of Regents must be a studeht The student shallbe appoinfted from aalist -of nominees submitted to the governor. -The governor sh'all makelaappointment from the list within 60 days after it is submitted to him. The list shall consist of thenames of two students from each campus of the Uhiversity of Alaska after an election is held ateach campus. Elections, shall lie conducted under rules established by the,Office of th4ovemor,The term of office of the regent appointed from the general student body; Univer,sitypf Alaska. isfor two years.. An appintment made under Sec. 130(d1 of this chapter shall be for the unexpired
" term of the ofiginal appointee. The term "campus" used in this subsection means a portion of theUniversity b. Alaska designated as a "cafnpus" by the Board of Regents. (am Sec. 2 ch 13 SLA1977) 1 _ _
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Sec. 14. 111 .1 .blky_tBoard meetings public, meeting notice, public facilities. (a) The provisionsof AS 44.62..t 10 appl o meetings of the Board of Regents- All meetings of sfie board, its oorra- , tmittees or subcommittees, are open to the public and press %wept as-otherwise provided in AS44.62.310 (ilaulhe findings of an executive session shall be made a part of the record of the pro-ceedings of tlfg Bbard of Regents. All records of the meetings and proceedings Shall be,open toinspectioriky the publicand the press at reasonable times.
. a. e- .. , , ... .(b1 The board may determine the "time and place *its meeting's. However 30 dais
notice is required for all,regular meeting's and..10 days notice is required for special meetings of the,board, its committees nr stficanmittees called under the bylaws or rules of procedure of the board.,
. Emergenctmeetings may be called without notite ., 1 - '.a 0
(c) The Board of Rggents shall proVide adequate facilities ,for mernbeit of thi public toattend the meetings of the board, its committees or subcommittees. (sec: 37.10.5 AUX' 1949am Sec. 1 ch '100 SLA 19'7.2) . ... . ,
. ..Sec. 14.40.170. Dutipsf Board bf Regents. (arThe Board' of Regents; shall r
.(11 . appoint the president of the universitz by a majority vote of the whole board,
). and thepresident mayattend meetings of din board; ; .s. . e. ,., e ,,,,
(2) fix the compensation*. the president of the university, all heads of departments,- 1,"professors, teacherf. instructors and other Officers: . . 1
(3) confer such approPriate degrees as it may determine and prescribe:(41 have the care, control and management of all the real and personal propeity of
the university; (am Sec. 1 ch 46 SLA 19771-
(51 keep a correct and 1;4°34 understood record of the minsures.of every meetingand alleacts done by it in p.urisuance of its duties:
(61 under procedures to be established by the commissioner, of administration, andin accordance with existing procedures for other state agencies, have the care, control,and management of all money of the university and keep a complete record of all moneyreceived and disbursed. (am Sec. 2 ch 46 SLA 1,977) t
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(b) The Board of Regents may
. t .(4) adopt reasonable rotes orders and plans with reasonable penalties for the'good
governMent of the university and for the regulatiod of the Board of Regents;(2) determine and regulate the course of instruction' in the university with the advice
of the president. (Sec. 37.10.6 ACLA 1949)
Sec. 1440.175. Indemnificationprotect the board,,any member of theor of the Board of Regents against fircosts 'liming out of any claim. deiraviolation of civil rights or alleged'wroraccidental dilmaie to or destructionboard *troller, agent to employee, atthe Boar otRegents Within the course
The Board of Regents shall insure or indemnify andboard, or any agent or employee of the University of Alaskaanclal loss and expense, including reasonable legal fees andd, suit or' judgment by reason of alleged negligence; allegedgful act resulting in death or bodily injury to any person orf property, inside or outsille the university premises, if thehe time of the occurrence, was acting under the direcbon ofor scope of his duties. (am Sec 3 ch 148 SLA 1978)
c. 14,40.150. Raligious or p rtisan instruction, tests and appointments. No instructioneither sectallan in religion or partisan in politics shall be permitted in any department of the urover-sity and nonsectarian orpaititig test shall be allowed or exercised in the appointment of regents,instructors, or other officers of the university or in the admission of students or for any purpose,(Seq. 371*i/1CLA 194?)
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Sec414.40.190. Report to legislature. The Board of Regents shall make a written reportto the legislature at the beginning of its regular sessions of the condition of the university property,of all receiFiti and eexpenditures and:of the educational and other work performed. (Sec. 37 -10-6 ACLA 1942) ,-,
See:4440.2130. Quorum.. No corporate business may be transacted at anymiteting of theBoard of Regents uhlessat least six regents are present, the majority of the whole board to approvethelariu (Seri 37.104 ACLA 1149; am Sec. 2 ch 168 SLA 19751
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. Sec. 14.40.210. 'Powers of presidirtof the university. The president of the University ofAlaska may. - ,
. .(1)14 give general directibn to the work of the Institution in all its departments subject .
' ,., td the approval.of 4fie;Board of Regents;
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12) appoint the deans, head of departments, professors, assistants: instructors,tutors and other officers of the university to the positions established by the Board ofRegents, (Sec. 37 -10.7 ACLA 1949; am Sec. 1 ch 5$ SLA 1957)
Sec. 14.40.220, Duty of president to define duties and supervise appointees. The presidentshall define the Buttes and supervise the performance of those persons whom he appoints to posi-tions, establisited by the Board of Regents. (Sec. 37.10-7 ACLA 1949; am Sec. 1 ch 58 SLA 3957)
Sec. 14.40230. Powers of regents to remove officers. The Board of Regents may removefrom office any officer of the institution by majority vote of they whole board when in its judge-merit the good of the university requires it. (Sec. 37 -10.7 ACLA 1949; am Sec. 1 ch 58 SLA 1957)
Sad, 14,40.240. Power of president to silspend and expel students.. The power to suspendancrimpel a student for misconduct or other cadse and to reinstate him is vested solely in the pre.sident of the university. (Sec. 37-10-7 ACI.k1949; am Sec. 1 ch 58 SLA 1957)
Sec. 14,40.250. Regents-to act as trustees-' money or property from sourcesother than legijilature or federal appropriation. T e oard of Regfnts may receive, Manage, andinvest money or other real, personal or mixed property in any manner received from sources otherthan the **legislature or federal appropriation for the purpose of the university, its improvementor odornIfeitt. or the aid or advantage of students or faculty, and, in general, may act as trustee on
of Cite university for any of these purposes. (Sec. 37-10-20 ACLA1949)
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Sec. 14.40.260. Expansion of courses. To expand educational and cultural opportunitiesin the state, to keep pace with the expansion of tht state in other fields, and to provide educational,facilities of particular interest to residents of the state, the Board of Regents shall
(1) make a study of the principles andapplicability of the juniOr college to the state;(2) establish additional extension courses and such other expansion of accredited
courses for students as it considers advisable;(3) provide facilities suitable for carrying out a university program`(4) employ personnel;(5) proeure supplies: and ;
(6) take all other appropriate measures to carry out.the' intent and purpose set forthin this section. (Sec. 13 ch 58 SLA 1951)
Sec. 14.40.270. Extension of compliance acts. Liws of the state designed to meet require-ments of the United States government for the state's acceptance of federal grants and allotmentsfor educational and kindred purposes are extended to cover the.establishment and/Operation of theuniversity expansion program set forth in Sec. 260 of this chapter. (Sec. 4 ch 58 SLA 1951)
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Article 3. Pr rty and Funds...
Section280. Endowments and donations290. Property and funds generally295. Repealed300. Creation and appointment of
comptroller310. Fiscal year320. Repealed330. Inventory of Property340. Applicability of bid practices
to University of Alaska350.. Board of Regents authorized
to lease lands360. Board of Regentsauthorized
to select and to sell or leasegranted by Act of Congress
370, Repealed380. Assent of legislature to federal
land and money grants
Section390. Federal land grants to Agricultural
College aid School of Mines reacceptedfor univertjty
400. Fund for*ioney from sale or lease oflands granted by Act of Congress
410. Federal grants of money to establishagricultural experiment stations
420. University designaled'as beneficiaryunder Hatch Act and empowered toestablish AgriOultural Experimen) Station
430. Acceptance of \federal appropriationfor agricultural \extension work
440. University designated beneficiary ofSmith-Lever Acf and empowered to 'carry on agricultbral extension *ork
450. Governor authorized to make certificatesto obtain federil rants* money
Sec, 14.40280. Endowments and donations. All monetary gifts, equests -kendowments,gther than state appropriations and federal allotments, received for the niversity akpesiiin pro-gram or other use shall be turned over to As Department of Revenue. Th 'Department of venuesshall deposit them in the separate fund established and maintained under c. 400 of this chapter.Title and control or possession to land and personal property, other than money, which is devised,bequeathed or guyed to the university shall be taken by the university in its corporate capacityacting by and through the regents or an authorized agent, and, shall be-entered in the perpetualinventory of the university. (Sec. 5 ch 58 SLA 1951) '
Sec. 14.40290. Property and funds gener ally (a) The University of Alaska shall hold allproperty acquired by it. The Department of Administration, upon. requisitions by the Board ofRegents signed by its president and secretary, shall pay to the treastirer of the. Board of Regentsall federal land grant college funds coming into the possession ortke Department of Adrilinistra-tion and subject to requisition by the Board of Regents and shall disburse federal funds in aid ofland grant colleges in accordance with the fedeial statute providing for disbursement.
(b) Repealed (Sec. 10ch 46 SLA 1977)
Sec. 14.40.295. Repealed (Sec.10 ch 46 iLA t977) . .Sec. 14.40.300. Ciliation and appolritment of comptroller: The Board of Regerlishall
create the office of comptroller of the university, fix the salary and determine the duties pf theoffice. The Board of Regents shall fill the office. The comptroller shall report directly to theBoardof Regents,-(Sec. 37-104(d) ACLA 1.949; am Sec. 3 ch 46 SLA 1977) .
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.Sec. 14.40.310. Fiscal year. The fiscal year of the University of Alaska begins on July 1
and closes at midnight on the following June 30. (Sec. 37.10.4(e) ACLA 1949; am Sec. 3 artVI ch 82 SLA 1955)
Sec. 14,40.320. Repealed (Sec. 10 ch 46 SLA 1977)-,
Sec. 14.40.330. Inventory of property. The Board of Regents shall maintain or caiise tobe maintained a perpetual inventory of all permanent property of the university. Net. 37-10-4(g)ACLA 1949: repealed and reenacted Se.c. ch 38 SLA 1968)
Sec. 14.40.340. Applicability of bid-prac tices to University of Alaska. The competitivebid practices set forth in AS 37.05.230 apply to the University of A ska, except that theof that act do not apply in those cases where the work is to be per rmed substantially by studentsenrolled in the univeosity. Where the term 7putchasiRg agent" i used in AS 37.05, it means thecomptroller of the university:. (Sec. i th86 SLA 1957)
Sec. 14.40.350. 'Board of Regents.authorizeti to lease la The Board of Regents mayexecute leases for mining, agriculture, or other purposes to the .ands granted for,the benefitof anagricultural cgliege and school pf mines for Alaska by the Act o Congress approved March 4, 1915,for such time and at 'such rent or royalty as may seem just an as provided by law. (Sec. 37-10-11ACLA 1949)
. Sec. 14.40.360. Board of Regents author to select and to sell or lease.lands granted byAct of Congress. The Board of Regents may select the lands granted to Alaska by the Act ofCongress approved January 21, 1929, and may sell or tease them and deposit the proceeds in thestate tressufy in conformity with that Act. (Sec. 37.10,13 ACLA 1949)
'Sec. 14.40.370 Repealed (Sec. i0 ch 46 SLA 1977)
Sec. 14.40.38Q. Assent of legislature to federal lend and money grants. The state assentsto theirrovisions and accepts the benefits of the Act of congress approved March 4, 1915, and theActs of Congress approyed August 3% 1490, and March 4. 1906, in behalf of the University-of,Iaska, and the commissioner of revenue is designated as the officer to whom the money shall be
. 1-paid. (Sec. 37.10.19 ACI.,A 1949) i..ISec. 14.40,360. Federal land grant!, to Agricultural College-earl.S*001 of Mines accepted
for university. The state assents toliie provisions.and accepts the benefits of the grants of landauthorized by the Act of COngress of January 21, 1929, 45 Stat. 1091.1093, as amended by theAct of Congress of Septembbr, 19, 1966, 80 Stat. 81,1, for the Agricultural College and Sthoolof Mines as integral parts of the University of Alaska, and the University of Al kit is designated thebeneficiary under that Act. (Sec. 37.1042 ACLA 1949; am Sec. 1 ch 68 SLA1967)- .
i .Sec. 14.40.400. . Fund foi money from sale or lease of lands granted by Act of Congress.
(a) The Departnient of Revenue shall establish a separate fund in which all money derived from thesale or lease of lands granted under the Act of Congress" approved January 21, 1929, shall be heldin trust. .
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(b) The trust fund shall be insested in Interestbearing securities as approved by the gover-
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and School of Mines. -. (c) T,he income f m the trust fund shall be used exclusively for the Agricultural Colle ge
.0) No part of proceeds arising from th sale or disposal of lands under .this grant maybe usedloF the supportof a sectarian or deiirminatio al college or school. 1 ,Ir
(e) The Department of Administration shall disburseithe income from the trust fundupon ouchers approved by the president and treasurer of the university specifying the purpose forwhich the money is to be used and showing it is to be used in conformity with this section. (Sec.3740- 4 ACLA 1949; am Sec. 2 ch 68 Si 67)
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. 'Seat 14.40.410. Federal grants of money to establish agricultural experiment stations.
The state assents to the provisions and accepts the benefits of .the Act of Congress entitled "Lju'lAct to establish agricultural experiment stations in connection with the colleges established in theseveral States under the previsions of an Act approved July 2, 1862, and of the Acts supplementarythereto" approved March 2, .1887, as amended and supplemented and knowh as the Hatch Actand" extended to Alaska by an Act of Congress entitled "An Act to extend the benefits of the HatchAct and the SmithLever Act to the-Territory of Alaska:" approved February 23, 1929, in behalfof the University of Alaska, except that no substations may be established by the Board, of Regentsexcept by direct authority of the legislature. The commiSsioner of revenue is designated as theofficer to whom the money shall'be paid., (Sec. 37-10.15 ACLA 1949)
'04 ./j Sec. 14.4r420. University designated as beneficial" under Hatch Act and empowered toestablish Agricultural Experiment Station. The University of Alaska is designated as the beneficiaryunder the provisions of the Hatch Act and-may.astabtish-a department to be know/las the Agricul-tural Experiment Station. (Sec. 37-10-16 ACLA 1949)
extension WSec, .14.40A304 Acceptance of federal appropriation for agricultural. ork Thestate assents to the provisions and accepts the benefits of the Act of Congress entitled "An Act to (provide Ice cooperative extension work betwetri agricultural colleges in the United States receivingthe benefits of an iNct of Congress apprOved July 2, 18d2, and of Acts supplementary thereto andthe United States Department of Agriculture" approved May,8, 1914, as amended and supplementedand known as the SmitthLever Act and extended to Alaska by an Act of Congresrentitled-'2An Actto extend the benefits of the Hatch Aft and the Smith.Lever Act to the Territory- of 6Laska"approved Febrisary 23, 1929, in behalf of the University of Alaska. The commissioner of revenueis designated as.the officer to whom the appropriations sh;ll be paid. (Sec:37.10.17 ACLA 1949)
' Sec, 14,40M0 University disigrsated bkneficiary of StnithLever Act and empoweied tocarry on agricultural extension work. 'The University of Astska is designated as the beneficiaryunder the 'provisions of the Smith-Lever Act, and may admini r and carryon agricultural extensionwork in the state in cooperation with the United States Department of Agriculture.. (Sec 37 -10-18 ACLA 1949),
Sec. 14,40.450: Governor authorized to maketertIgcates to obtain federal gratitstif money.The,goverrior is authorized to make allsertificates required bylaw or thti regulations of the Depart-
. ment clf Agriculture or bf the Department of the Intetior necessary to be made teentitlt the stateto grants of money for the benefits of state colleges of agrichiture and mechanic arts authorizedunder any Act of Congress. (Sec. 37-10.21ACLA 1949)
Article 4. Scholarship% for High School Graduates
t actionP 460. Students e ntitled to scholarship 4Se9c10.1oFnorfeiture of scholarship benefits, 470. Alternate upon refusal or failure 500 Payment of scholarships
. to accept480. Applications for and issuance and -
report of certificates
Sec. 14.40.460 Students entitled to scholarship. The high school student in-each graduat-..ing_class. in each high School in the state who, upon the completion of four years of high schoolwork in a high school in the state, obtains the highest average standing for all the credits earned,and who is graduated at an annual commencement is entitled to receive, during dormitory residenceat the University of Alaska, a scholarship covering dormitory rent for a period of two years follow-ing the year of graduation upon presenting to the registiar of the university a certificate signed bythe superintendent or principal of the high school from which he graduated stating that the gradu-ate named is entitled to receive the benefits of the scholarship. Dormitory residence is governed bythe rules and regulations established by the Board of Regents. (Sec. 37.10.41 ACLA 1949)
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. . Sec. 14.40.470. Alternate upon refusal of failunto accept. If a person entitled to receivethe benefit of Sec. 460 of this chapter declines or fails to accept it, the graduate next in line in classstanding is enitlted to receive the benefit. (Sec. 37-1042 ACLA 1949)
.Sec.14.40.480. Applications for and issuance end report of ceitfficates. A certificate
shalt be applied for and issued to a graduate before August 2 of each year and shall be reportedimmediately to the registrar of the university bi the superintendent or principal issuing it. (Sec.37.1041 ou:LA Ismis)
Sec. 14.40.490. Forfeiture of scholar:Alp benefits. 'Failure to do passing.worlain morethan one subject during a semester, or withdrawal or expusion from the university, constitutes a.forfeiture during the following semester or semesters of the benefits of Sec. 460 and 47.0 of thischapter. (Sec. 37.1044 ACLA 1949) _
Sec: 14.40.500. Pave** of scholarshios Payment of the scholarshipsshall be made monthly.to the unteersity upon vouchers drawn upon the Depart-
ment of Admin4stratiop and duly certified by the treasurer and the presidentof the Board of Regents. No payments may be made in excess of ambunts
specifically appropriited for.this purpose. (Sec. 37»10-45 ACLA 1949; amSec. 23 ch'127 SLA 1974)
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. I !Article 5, Scholarships for Natives. ; !",
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Section Section510. Purpose of sec. 510--550 of 540. Scholarships in addition to
other scholarships
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this chapter 1.
520. Scholarships 560, Definition of Native530. Continuation of scholarships
' A tSec, 14,40.510. ,Purpose of sec. 510--550 of this chapter. Beca% useilfithllanguage difficulty and economic conditions of the Native peoples of the Spiteand the necessity for integratbig the Native cultures with the state ecoribity itis the parpose of the legislaturi to provide assistance to Natives who w*ki fel,pur-sue a higher education beyond 'the attainments possible in the free publi4folivlssystem. (Sec. 1 ch 140 SLA 1955) f. tA
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. .Sec. 14.40.520. Scholarships. The Board of Regents of the Utit4sity ofotAlaska shall offer noemore than 15 new scholarships for each aced i.,'"ear,to
Alaska Natives desiring-to attend the University of Alaska. The b phali givepreference to Natives residing in the rural areas of the state who derive to re-ceive tinkling in the field of eddca .C2n.. If there are more than 15 apilisCatifons theboard shall award 15 f cholarships to se applicants who have the higiOtscholas-tk record or who the board determines are the most qualified among the%hpplicantsand who' are financially unable to obtain a higher eleicationwithout-assisleance. TheUniversity shall provide such minimum financial opsistance to tifeuestudents as isnecessary in each individual case, but not exceeding fees, board ihdrzetn. (Sec. 3ch 1400LA 1955; am leo. 1 ch 6 SLA 1960) ,-. 4 $ ..
Sec. 14.40.530. Continuation of scholarships. The award 4f,fre'e room andboard shall be made from any funds available to the university. Vath:liative whoreceives a scholarship under sec. 5140--550 of this charer is erd:itfectto retain the
'scholarship and to receivefree room and board during his' attandailice at the uni-versity as long as he maintains-a gride average equiNot to a;l9Cli or better.However, no Native is entitled to the scholarship for more than four, years, or for +more than the number of ydars *necessary to receive a bachalcit's degree. (Sec. '4ch 140 SLA 195$) ' i: .
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Sec. 14.40.540. Scholarships in addition to other scholarship, The scholar-ships are supplemental and in addition to any other scholarship to.ighich an applicantis entitled or may receive; (Sec. 5 ch 140 SLA 1955) ;; , , "
.,^a aSec. 14,40.550. Definition of Native. For the purposes of dec. 510--560 of
this chapter, "Native" means persofriretween the 1/4ges'ig 17 asid 25 who is adescendant of a Member of d aboriginal races inhabiting the state when annexedto the. United States, or whO a descendant of an Indian or Elikii4o who, since the .,year 1867 and prior to June 3 1952; migrated into the state froM: Canada, andwho is a descendant having a least one - quarter blood derived from thesb ancestors.
,fflec. 2 ch 140 SLA 1955) a
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94Article 6.
Section560. Authority to cooperate570. Authority of board "580. Use of joint facilities
'590. Director600. Rules and regulations
Comniunity College Act.sou
lection610. Disposition of ipcome620. Savings clause630. Definitions640. Shor t ti tle
Sec. 14.40.560. Authority to cooperate. A qualified school district or poll-ticakeubdivisiona may Rake an agreement with the University of Alaska for theestablishment, operation, and maintenance of a community college. A qualified .
4chool district or qualified political subdivision shall pay all instructional anti ad-ministrative costs for nondegree college 'programs and activities offered. (Sec. 3ch 75 SLA,1962)
'Sec. 14.40.570. Authority of board. (a) Since academic edvcatiorbeyondthe high\school level is a statewide responsibility, the board, in its discretion andas the need arises, may cooperate with the federal government and qualified schooldistricts and political subdivisions in the establishment of appropriate higher edu-cational programs and activities. The board is responsible for the selection of all
:conununity college instructors, part and full-time, for the academic degree pro- .
grams and activities, and shall pay all instructional and administrative costs,including cost of special equipment and instructional materials, for academic de-grese progrims and activities offered.
(b) Selected upper division and graduate level courses of instructionoffered by the University through its off -campus instructional program to meetlocal needs, may be coordinated thriugh the offide of the director of a donurtunity
college. (Sec. 4 ch,76 SLA 1962)
Sec. 14.40.580. Use of joint facilitibs.^ (a) If fac ilities used by the com-mudity college are owned by the school district or political subdivision, Life board,subject to availability of appropriated funds, May reimburse the school district
" for all expenses directly related to facilities for academic degree programs andactivities. The school districtor politic& subdivision shall bear all mensesdirectly, related to nondegree prograMs and- activities.
t(b) If separate facilities are financed, constructed, or maintained flora
federal; state, or private funds for either academic degree or unacademic degreeprograms and activities of the community college, then the board, has title-to andcontrol of, the separate facilities used for these purposes, {,If separate facilitiesare 'filikitcea, constructed; or maintained from school dista4t or political subdivi-Ilion blade for either degree or nondegree prograralaild activities, the schooldistrict or politiCal subdivision has title to and confrol of the separate facilitiesused for these putposes. , (Sec. 5 ch 75 SLA 19621
Sec. 14.40.590. Director,; The administrative head of a communiqcollege established by the University of Alakka in cooperation with school districts"4: political subdivisions is a director.' The director shall be selected by the board,subject to approval by the governing body of the schOol district of political sub-division. (See. 6 ch 75 SLA 1962)
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Sec. 14.40.600. Rules and regulations. A community college established bythe University in cooperation with school districts or political subdiviisions shag beestablished; maintained, and opeiated under rules and regulations adolited by thboard. The selection and academic, qualifications for personnel and the .curricof a community college, insofar as it pertains to academic degree prograzni andactivities, is the responsibility of the board/ The selection and qualifications ofpersonnel for nondegree programs and activities of the conimunity.college are theresponsibilit of the governing body of the school district or political subdivision.(Sec. 7 ch 75 SLA'1962)
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Sec. 14.40.610. Disposition of income. (a) All money including tuition and fees receivedbefore or after April 10. 1962, from the operation of a community college established, operated,and maintained under set 560-640 oPthis chapter and directly related or attributable tb academicdegree programs and activities, shill be plated in the community College fund of the University ofAlaska.
(b) All money, including tuition and fees reatiVed before or after April 10, 1962, from theaf
operations of a community college established, operated and maintained under sec. 560-640 of thischapter and directly related or attributable to nondegree programs and activities of the communitycollege, shall be placed in the appropriate fund of the qualified school district or politicalsubdivision cooperating with the University in the establishment of the communitycoll 4. (Sec. 8tch 759LA 1962)
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Sec. 14.40.620. Savings clause. An agreement between the University of Alaska and aCommunity college in effect on April 10, 1962, shall remain in effect until its agreed expirationunless, before the agreed expiration, it is mutually cancelled or modified by the contracting parties.(Sec.10 ch 75 SLA 1962)
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Sec. 14.40.630. Definitions. In sec. 560-640 of thieihipter, unless the cbntext otherwiserequires,
(1) ."community college" means a program of education established by theUniversity ofAlaska in cooperation with qualified *horsl districts or qualified political subdivisions of the state, atincluding both academic degree and nondegree programs;
(2).4"qualified school district" or 'Iqualifled political subdivision" means a school districtor political subdivision organized under the laws of the state, or a group oL two or more contiguous
40, N.,school districts or political subdivisions of the state, or a combination of eack.which combination,considered as a unit, meets the following minimum. reqbirements 'for the establishment of acommunity coil*: t
(A) makes application to the Board of Regents of the University of Alaska for .
participation inthe community college pro -
(B) satisfies educational. standards of th neversitY of Alaska according to criteriaa established by the Board of Regents;
.(C) ha.1 had an aver. age daily membership during the previous school year of at least
75 high school students. grades 9.12;
. -(D) hisestablished to the satisfaction of the Board of Regents the practical need
for a community college Within the district or political subdivision; and
(E4 makes arrangements fot defraying its proper share of the costs of the opelationand maihte ce e a community college, as provided by the terms of sec. 560-640 of thischipter;*
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Aleska.(Sec. 2 ch 75 SLA 1962) ,. .. Lf . .
..t...Sec. 14,40,640, Short title, Sections.560440 of this chapter may betched as the Community
College Act. (6c.1 ch 75SLA 1962),
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96
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Visite 7. Western Regi
Section660. Ratification, approval, and adherence670. Terms and.provlsions of Compact680. Execution of Oimpact by governor
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one1,14igher Education Compact
Section685. Piovisions of services690. Members of the commission695. Administration
Sec. 14.40.660. Ratification, approval, and adherence. Me Western Regional Higher EducationCompact, recommended by the Western Governors' Conference on November 10, 1950, foradoption by the states or territories of Alaska. Arizona, California, Colorado, Idaho. Hawaii,Montana. Nevada. New Mexlco,tOregon, Utah. Washington. and Wyoming. is ratified and approvedand the adherence of this state fb this Compact, upon its ratification and approval l four or moreof these states or territories in additten to this state, is declared. (Sec. l'ch 164 SLA 1955)
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See. 14.40.670. Terms aid prbvisions of Compact. The tors and provisions of.the Compact
fkWESTERN REGIONAL HIGHER EDUCATION COMPACT
referred to in sec. 660 of this chapter are as follows:
ARTICLE I
teas, the future of this Nattonand of the;Western States is dependent upon thequality ofion of its youth:end ...a . . t. .
eas..many of the Western States individually do not have sufficient numbers of potentialstudents to warrant the establishment and maintenance within their borders of adeqbate facilities in*all of the essentiM fields of technical, professional, and graduate training, nor all of the States havethe financial ability to furnish within their borders igstitutions capable of providing acceptablestandards of training in all of the fields mentioned abovej and
Whereas, it is belieVed that the Western States, oY groups of such states within the Regia'.cooperatively can provide acceptable and efficient educational facilities to meet the needs of tieRegion and of the students s thereof;
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Now, therefore, the States.of Arizona, California. Colosado, Idaho. Montana. Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming. and the Territories of Alaska and Hawaii dohereby covenant and agree of follows:
ARTICLE II
Each of the compacting states and territories pledge to each of the ofterritories faithful cooperation in carrying out all the purposes of this Com
. ARTICLE HI11.
compacting states and
The compacting states and territories hereby create the Western Interstate Commission forHigher Education, hereinafter called the Commissloh. Satd Commission shall be a body corporate ofeach compacting state and territory and an agency thereof, The Commission Shall have all thepowers and dutieset forth herein, including the power to sue and be sued, and such additionalpowers as may be conferred upon itaby subsequent action of the respeCtive legislatures of theconipaing states and territories. . '
ARTICLE IV ..
the CommissiOn shill consist of three'resident members from each compacting state orterritory. At all., times one Commissioner frdm each compacting state or territory shalk be aneducator engaged in the fold of higher education in the state or, territory from which be is.appointed.
The CommissiOners from each state and territory shall be appointed by the Governor thereofas provided by law in such state or territory. Any Commissioner may be removed or suspendedfrom office as provided by the law of the state qr territory from which he shall have beenaPPointeil
'Pie terms of e mmissioner shall be four ars'. . howeveartrirrhe first tCommissioners shalt be a
hreee for years, one for three years, and one for
once shall hold office until his successor shall be appointediand qualified.If any office becomes va t for any reason, the Governor shall appoint a Commissioner to fill theOffice for the remainder of the unexpiredlerm. . i
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, ARTICLE V
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Any business transacted at any meeting of the Commission rhust be by affirmative vote of amajority of the whole number of compaztinvitates and territories. -
.One or more Commissioner; from a majority of the iompactiilg slates and territories shallconstitute equorum for the transaction of business.
Each compacting state and territory represented at any-meetingkof the Commission is entitledto one vote. . .
ARTICLE VI
The Commissionlhallelect from its number a chairman and a vice chairman, and may appoint.and at its pleasure dismiss or remover such officers, agents, and employees as may be required to
. carry out the purpose of this Compact; and shall fix and determine their duties. qualifications andcompensation, having due regard for the importance of the responsibilities involved.
The Cornmiskoners shall serve without compensation, but shall be reimbursed for their actualand necessary expenses from the4urids of The Commission.
ARTICLE VII"
The,.o'lnmission shall adopt a seal and bylaws and shall adopt and promulgate rules andregulab s for its management and control.
The Commission may elect such committees as it deems necessary fo'r the carrying out of itsfunctions.
,The Commission shall establish and maintain an office within oneof the compacting states for
the transaction of its business and may meet at apy time, but in any weep must meet at least once ayear. The Chairman may call such additional meetings and upon the request of a majority of theCommissioners of three ormops compacting states or territories shall call additional meetings.
The Commission shall submit a budget to the Governor of each compacting state and territoryat such time and for such petiod as may berequired.
The Commission shall, after negotiatient witb interested institutions, determine the cyst ofproviding the facilities for graduate and professional education for use ip its contractual agreementsthroughourthe Region. a
On or before the fifteenth day of January of each yeai, the Commissionshall submit to theGovernors and Legislatures of the comeacting-states and territories a report of its activities for thepreceding calendar year.
The Commission shall keep accurate books of account, !bowing in full, its receipts anddisbursements, and said books of account shall be open at any reasonable time for inspection by theGovernor of any compacting stale or tertitpry or his designated representatives. The Commissionshall not be subject to the audit' and accounting procedwe of anyy of the compacting states orterritories. The Commissicit shall provide for an independent annual audit.
ARTICLE VIII '/e'
It shall be the duty of the Commission to enter irit such contractual agreements with anyinstitutions in the Region offering griduate or Professional education and with any of thecompacting states or territories as may be required in the judgment ofthe Commission to provideadequate services and fatilities of graduate and professional education for the citizens of therespective compacting states or territories. The Commission shall first endeavor to provide adequateservices and facilities in the fields of dentistry, medicine, public health, and veterinary medicine,and may undertake similar activities in other professional and graduate fields.
* For this purpose the Commission may enter into contractual agreements. *
(a) with the governing authority of any edUcational institution in the Region, or with anycompacting state or territory, to provide such graduate or professional educational services uponterms ancVonditions to be agreeckspon between contracting parties, and .
. - '' (b) Vitt thfgoveming authority Id any educational ,institution in the Region of with any\ .,>1#"' _,.. '' i, t A
t \ ge,"... .' corn pact f og state or territory to assist in the placement of graduate or professional students ineducational institutions in the Region provklin9 the desired services and facilities, upon such terms
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For this purpose the Commission may enter into contractualagreements -"
(a) with the governing authority of any educational institution in the Rgion, or with anycompacting state or territory, to provide such graduate or professional educatiMal services uponterms and conditions to be agreed upon between contracting parties, and .
4,(b) with the governing authority of any educational institution' in the Region.or with any
compacting state or territory to assist in the placement of graduate or professional studegts ineducational institutions in the Region providing.the desired services and facilities, uponsuch termsand conditions as the Commission may prescribe. .
It shall be the duty of the Commissionrio undertake studies of needs for professional andgraduate educational facilities in. the Region, the resources for meeting such needs, and thefongrange effects of the Compact on higher education; and from time to time preparecomprehensive reports on such research for presentation to the Western Governors' Conference andto the legislatures of the compacting *Ns and territories. In conducting such studies, theCommission may confer with any nationalhr regionalplanning body which 'nay be established. TheCommission shall draft and ,reconimend tOthe Goy-knors of, the various compacting states andterri/torkes, uniform legiflation dealing.with problems of high* education in the Region.
For the purposes of this Compact the word "Region" shall be construed to mean thegeographical limits of the several compacting states and territories.
ARTICLE IX
The operating costs of the Commission shall be apportioned equally among thec..) omPactin9states and territories. ,
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This compact shall become operative and binding immediately as to those states and territoriesadopting it whenever five or more of the states or territories of Arizona, California, Colorado,Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wy,oilling, Alaska and Hawaiihave duly adopted it prior to July 1, 1955. This Compact shall become effective as to anyadditional states or territories adopting thereafter at the time of such adoption.
ART ICL'E X
ARTICLE XI
This Compact may be terminated at any time by consent of a majority of the compactingstates or territories. ^Consent shall be manifested by passage and signature in the usual manner oflegislation expressing such consent by the legislature and Governor of such terminating state. Anystate or territory may at any time withdraw from this Compact by means of appropriate legislationto that end. Such withdrawal shalt not become effective until twd years after written notice thereofby the Governor of the withdrawing state or territory acconuSanied by a certified copy of therequisite legislative action is received by the Commission.,Such withdrawal shall not relieve thewithdrawing state or territory from its obligations hereunder accruing prior to the effective date ofWithdrawal, The withdrawing state or territory may rescind Its action Pi withdrawal at.any timewithin the two-year period. Thereafter, the withdraking stele or territory may be reinsta byapplication to and the approval by a majority vote of the Commission. t
ARTICLE XII
If any compacting state or territory shall at anx'time default in.thi performance of any of lbobligations assumed or imposed in accordance with the. ionslofthis-Compacti, elf riis,privileges and pa or agreements hereunder, shall be suspended fromthe *leave date of such default as fixed by the Cominisslom 4
Unless such default shall be remedied within a period of two years f011owing the effective-dateof such default, this Compact may be terminated With respect to such defaulting state or territory
Eby affirmative vote of three-fourths of the other member states or territories.
Any such defaulting.stlle Max be reinstated performing all acts and obligations uponwhich it has hdretefore..difaulted, and (b) application to and the approval by a majority vote of the
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hRTICLE XIII
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(a) The Western Interstate Commission for Higher Education is authorized-to act on behalfof this state in making arrangements for the placement of students in institutions and programs ofhigher learning` outside the states which are parties to the Compact for establishing the Commission.For that purpose, the Commission may negotiate and enter into arrangements and contracts withthis state or any appropriate agency thereof, with Public and private educationpl institutions andagencies, and with states and other governmental entities. Such arrangements and contrasts may.provide for the obtaining of only br more places for students on either a special or continuing basis;the payment of partial or full tuition and other charges; and the furnishing of reciprocal,compensating or other advantages and benefits in support of the educational program involved.
(b) The authority conferral by (a) of this article shall be exercised only pursoanLto writtenagreement between the Commission and an agency of this state having responsibility for or duties
-with respect totpro#ams for assisting residents of this state to obtain higher education. Any suchagreements pall include provisions for the payment of tuition and any other costs, and no suehagreement Shall be made which commits this state ,br any agency or officer of it to any obligationfor Which funds have not been appropriated or otherwise made available in accordance with law.(am Sec. 7 ch 71 SLA 1972) i
.0 ....;. lv. :._ .(c) Nothing contained in this article shall be construed to alter any of the obligations or
"restrict or impair any rights which ,this state may have under the Compact establishing theCommission. (Sec. 2 ch 164 SLA 1955; am Sec. 1 ch'70 SLA 1971)
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Sec. 14.40.680. Execution of Compact by governor Upon ratification and approval of theWestern Regional Higher Education Compact by four or mor \ of the specified states or territories in 4%!addition to this state, the governor shall execute the Compac on behalf of the state and perform
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other acts requsite to its formal ratification and promulgation. (Sec. 3 ch 164 SLA 1955)
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A 1111Sec. 14.40.685. Provision of services. State participation under Articles VIII and XIII of the
West ern Regional Higher Education Compact shall be limited to the provision of adequate servicesand facilities in the fields of law, dentistry (to include dental hygiene), medicine, osteopathy, publichealth, veterinary medicine, pharmacy, physical thiggpy, occupational therapy, optometry,podiatry, forestry, architecture, graduate nursing, petgaleurn engineering and graduate Itibrafy,studies. (Sec. 2 ch 70 SLA 1971; am Sec. 1 ch 96 SLA 1972; am Sec. 1 ch-78 SLA 1974;am Sec:4ch 85 SLA 1977)
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Sec. 14.40.690. Members of the commission. (a) Thi governor, with' the Advice, and conse Q
Xhe legislature, shall appoint the members for th1/4 state of the Western Interstate Coinmission for eHigher Education, created under the provisions of article III of the Western Regional Higher* -; .Education Compact. . - . * i'
. , t- '. (b) The qualifications and terms bf office of the members of ihe committiir,for- this state
Ishall conform withthe provisions of article IV of the Compact. .
.j. e. ' ;. /.(c) The commissioners shall serve without compeniation and shall be reimbursed fpr actual,and necessary expenses by the Western-Intirstate diMMISSIOn for Higher Editcation.,(Sec.4 ch 1 '
:ffi /, I,SLA 1955) a, : I i
f, . ' / ''.ii JSec. 14.40.1395. AdministratiOnAhe Alaska Commission on Postseqs9Istroducation s all
administer the state's participation In Abe, Western Regional Higher altrati'bfipiii mpacf..(am,S# 2ch 78 SLA'1974) . . -..;. i
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Article 8. Compact for Education.
. SectioAti 700. Entry into compact
710. Terms and provisions of compact ,'
Section720. Execution of compact by governor
1730. Members of the commission
Sec. 1440.700. Entry into Compact. The Compact for Education is enacted into law andentered into i behalf of the Stale of Alaska with all other states and 'jurisdictions legallg joining init in a form subs ntially as contained in sec. 710 of this chapter. (Sec. 1 ch 108 SLA 1962),
Sec. 14.40.710. Terms and provisions of compact: The terms and provisions of the compactreferred to in sec. 700 of this chapter areas follows:
COMPACT 1OR EDUCATION.
ARTICLE L'PURPOSE AND POLICY
SECTION A. It is thapurpose of this compact to:
1. Estiblish and maintain close cooperation and 'understanding among execative, legislative,professional educational and lay leadership on a nationwide basis at the state and local levels.
2. Provide a forwn for the discussion, development, crystallization and recommendation ofpublic policy alternatives In the field of education. °
3. Provide a daring house of information on matters relating to educational problems andhow they are being met in different places throughout the Nation, so that the executive antlegislative branches of State Government and of local communities may have ready access to theexperience and record of tOe entire country, and so that both lay aqs1 professional groups in thefield of education may have additional avenues for the sharing of expeilence and the interchange ofideas in the formation of public policy in education.
4. . Facilitate the improvement of State and local educational systems so thbt all of them willbir able to meet adequate and desirable goals in a society which requires continuous qualitative andquantitative advance in educational oppcktunities, methode and facilities1
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SECTION ,B. It is the policy of this compact to encourage-and promote local and Stateinitiative in the development, maintenance, Improvement and administration of educational systemsand institutions in a manner which will accord with the needs and advantage; of diversity among
. localities and-States. .
. .- -CSECTION C. The party States recognize that each of them has an interest in the quality and
quantity of education firmished jn' each 9Lpe other Statot,-a-s-Well as in the exallince of its own. k educational systems and institutions,.becau7*.ol-fhe highly mobile character at individuals within
the Nation:, and because the products and services contributing to the health, welfare and economicadvancement of each State are supplied in significant part by persdns educated in other States.
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ARTICLE II. THE COMMISSION
SECTION-A. The Education Commission of the States, hereinafter called "the Commission,"is herelty established. The Commission shall consist of seven members representing each party State.In addition to any other principles or requirements which a State may establish for the appointment
. and service of its members of the Commission, the guidiqg principle for the composition of themembership on the Commission from each party State shall be that the members representing suchState shall, .by virtue of their training, experience, knowledge or affiliations be in a positioncollectively to reflect broadly the interests of the State Government, higher education, the Stateeducation system, local education and lay and professional, public and nonpublic educationalleadership. In addition to the members of the Cqmrnission representing theparty States, there maybe not to exceed ten nonvoting commissioners selected by the steering committee for terms of oneyear. Such commissioners shall represent leading national organizations of professional educators orpersons concerned with eduCational administration. 4)
SECTION B. The members of the Commission shall be entitled to one vote each on theCommission. No action of the Commission shall be binding unless taken at a meeting at which amajority of the total number of votes on the Commission are cast in favor thereof. Action of theCommission shall be only at. a meeting at which a majority of the Commissioners are present TheCommission shall meet at least once a year. In its bylays, and subject to such directions andlimitations as may be contained therein, the Commission may delegate the exercise of any of itspowers to the steering committee or the Executive Director, except for the power to approvebudgets or requests for appropriations, the power to make policy,.recommendations pursuant toArticle III and adoption of the annual report pursuant to Article II (j).
SECTION C. The Commission shall have a seal.
SECTION D. The Commission shall elect annually, from among its , hairman. whoshall be a Governor, a vice chairman and a treasurer. The corn sron shall prpide for the'appointment of an executive director. Such executive director s I serve at the, pleasure of theCommission, and together with the treasurer and such other per onnel as the Commiwon maydeem appropriate shall be bonded in such amount as the Commissio shall determibe. The executivedirector shalt be secretary.
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' 'SECTION E. Irrespective of the civil service, personnel or-other merit system laws of any ofthe party States, the executive director subject to the approval of the steering committee shahappoint, remove or discharge such personnel as may be necessary for the performance of thefunctions of the Commission, and shall fix the duties and compensation of such personnel. TheCommission in its bylaws shall provide for the personnel policies and programs of the Commission
1SECT ION F. The Corqmission may borrow, accept or contract for the services of personnel
from any party jurisdiction, the United States, or any subdivision or agency of the aforementionedgovernments. or from any agencyof two or more of the party jurisdictions or their subdivisions.
SECTION G. The, commission may accept for any of its purposes and functions under thiscompact any and all donations, and grants of money, equipment, supplies, materials and services,conditional or otherwise, from any State, the United States, or any other governmental agency, orfrom any person, firm, association, foundation, or corporation, and May receive, utilize and disposeof the same. Any donation or grant accepted by the Conimistion puts uanf to this paragraph orservices borrowed pursuant to' paragraph (f) of this Article shall be reported it( the annual report ofthe Commission. Such report shall include the nature, amount and conditions, if any, of the
:tIonatimkgrartt, or services borscoved,and_theldan.clar.-.
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SECTION H. The Commission may establish and maintain such facilities,as may befflr the transacting of its business. The Commission may acquire, hold, and convey real an /sone!prppisrty and any interest therein.
' SECTION I. The Commission shall adopt bylaws for the conduct of its business and she's havethe power .to amend and rescind these bylaws. The CoMmission shall publish its bylaws inoinvenient form and shall fire a copy thereof and a copy of any amendment thereto, with theappropriate agesicy or officer in each of the party Stales.
- SECTION J. The Commission annually shall make to the Governor and legislature of eachparty State a report covering the activities of the Commission for the preceding year. The
. C.omtnission may make such additional reports as it may deem desirable.
7r-rARTICLE III. POWERS.
In addition to authority confeued on the Commission by othei provisions of the Compact, theCommission shall have authority to:
1. Collect, *correlate, analyze and interpret information and data concerning educationalneeds and resources.
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2. Encourage-and foster research in all aspects of education, but with special reference tothe desirable scope- of instruction, organization, administration!) and instructional methods andstandards employed equitable for employment in public educational systems.
. 3. Develop methods for adequate financing of education as a whole and at each of its manylevels.
4. Conduct or participate in research of the types referred to in this ArtiLle in any Instancewhere the Commission finds that such research is necessary for the advancement of the purposesand policies of ibis compact, utilizing fully the resources of national associations. regional compittorganizations for higher education, and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the Improvement of public education as a- whole, or for any segment thereof, and make recommendations with-respect thereto available to the
appropriate governmental units, agencies and public officials.
6. Do such other things as may be necessary or incidental to the administration of any of itsauthority or functions pursuant to this compact.
ARTICLE IV. COOPERATION WITH FEDERAL GOVERMENT.,
SECTION A. If the laws of the United States specifically s provide, or ifadministrative provision is made therefOre within the Federal Government, the UnitedStites may be represented on the Commission by not to exceed ten r e p resenta-tive& Any such representative or representatives of the United States s hall beappointed and serge in such manner as may be proved by or pursuant to Federal
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. . ;$law, and way be drawn from any one or more branches of the Federal Government but no suchrelhesentative shall have a vote on the Commission..
SEC? lON B. The Commission may provide.information aril ake 'recoMmenditions to anyexecutive or legislative agency or officer of the Federal Gave rant concernw, the commoneducational policies pf the States, and pay advise"with a'ny such a cies* or Officers concerning anymatter of mutual interest .
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AilTICLE
SECTION A. To assist in the expeditious conduct of. its buliness en the full Com.missioa isnot meeting, the Commissiolr shall have a steering committee of thirty o members which, subjectto the provisions of this ,Compact and consistent with the.policies f tile Commission. shall be 1.constituted and functioh as provided in the bylaws of the. COMMission. One - 'fourth 'of themembership of the steering committee shall consist of Gosiernors, andthe remainder shall ..onsist of
66,...2ther members of the CommOsion. onFedaral representative on the Commission may serve with thesteering committee, but without vote. 1he voting members of the steering committee shall serve INterms of two years. except that members elected to the first steering committee of the Curntrossionshah ice elected as follows; sixteen for one year and sixteen for two years The chairirsan, vicechairman, and treasurer of the Commis ion shall be members of the..steer.ng committee and,anything in this paragraph to'the contrary notwithstanding, shall serve during their continyanie inthese offices. Vacancies in thesteekng committee shall not affect its qiuthority to act but theCommossionat rtt roxt regularly ensuing meeting following the occurrence of any vacancy shall fillitfor the uriexpi&d term. No.person shall serve more than two terms, as a!member of the steeringcommittee: provided that servo for a partial term of one year or less Oaf! not be counted towardthe twerterrn limitation.
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SECTigN, B. The Cormission may establish advisory and le....._chnical committees composed of, 'States local, wind Federal officials, and private pirsons to advise it wk respect to any one or'moreOf itsjunctiods. Any advisory technical committee may, on request of the States concerned. be-established to consider arty mitt& of special concern tcetwo or more of the party States
'SECTION CL The Commission may establish such additional committees as its bylaws may. ,
provide.
ARTICLE VIs FINANCE. ,
SECTION A, The Commission Shall advise the Governor or designated Offectir or Officerssofeach party State of its budget and estimated' expenditures for such period as may be required by thelaws of that Iparty Slate. Each of the Commission's budgets of estimated expenditures shall containspecific recommendations of the amount or amounts to be appropriated by each of the partyStates.
SECTION B. The total amount of appropriation requests under any budget shall beapportioned among the party States al follows. one third in equal shares., and the remainder In
proporti,n tothe population of each party State as shown in the most recant decennial census ofpopulation taken by the United States Bureau of the Census; or any agency successor thereto
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-,SECTION C. 'The Commistiorpshall not pledge the credit of any party State 'Tie Commission
may me-el any of its obligations In whole of in part with funds available to it pbrsuant to Arbile 11(g) of this compact, provided lhat the Commission takes specific action letting aside such funds'prior to incurring an obligatiOn tp be met in whole or in part in siich,manner Except where theCommission makes use of funds available to it purtyant to Artitle ll (g) thereof, the Commissionshall not incur any obligation prier to the allotment of funds by the party States adequate to meetthe same. *
SECTION 6. The Commissico( shell keep accurate ac=of all receipts and disbursements,.The-recespts-and_dlsbiamernents-nkihe Commisstan_shalt ject to theowdot and accountingprocedures established by its bylaws. Nowever,all receipts and disbursements of funds handled bythe Commission shall be audited yearly. by a qualified public accountant, and the report of the audit .
' shall be Included in annbeconie part of the annual reports of the'Commission.
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SECT.16,N E. The accounts of the Commission shall be'open at any reasonable hind fobinspection by duly coestituted officers of the party States and by an 'Y persona authorized Icy theCommission.
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9SECTION F. Nothing contained herein shall be construed to prevent Commission compliance
with laws relating to audit or inspection of accounts by or on behalf of any governMentvontributinitto the support of the Commission. )
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t'ARTICLE VII. ELIGIBLE PARTIES;
ENTRY INTO AND WITHDRAWAL.
SECTION A This Compact shall have as eligible Parties ail Stites, Territories, and Posfmrcat; of the United States, the District of Columbia, and the CommonWealth of Puerto Rico. to res ctof any such jurisdiction not having a Governor, The term "Governor,"'as uied in this Cortiluct, WI
meals thetlosest equivalent official of such jurisdiction. '
SECT I9N B. Any State or other eligible jurisdiction may enter into this Compact an t shallbecome binding thereon when it has adopted the same; provided that in order to enterintolnitialeffect, adoption by at least ten eligible party jurisdictions shall be iseduired. .
SECTION C. Any party State or jurisdiction may withdraw from this Compact by ileacting astatute repealing Ore same. but no such withdrawal shall take effect until one year allet theGovernor of the , withdrawing State or other jurisdiction has given notice in writing of thewithdrawal to the Governors of all other party States and jurisclictioris. No withdrawal shall affectany liability already incurred by or chargeable to a party State or jurisdiction prior to the terii oftorch withdrawal.
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ARTICLE VIII, CONSTRUCTION AND SEVERABILITY.,
This Compact shall be liberally construed so as to effectuate the purpoies thereof.' Theprovisions of this Compadt shall be severable and if any phrase, clause sentence or provisian of this ,Compact is declared to be contrary to the constitution of any State or of the United States; tfileapplicabilitx thereof to any Government. agency, person or circumstance is held invalid, the validityof the remainder of this Compact and the applicability thereof to any Government, agency:,person,or circumstance shall not be affected therehy. If this Compact shall be held contrary to the 'constitution of any State participating therein, the Compact shall remaig in full torceand effect esto the State affected as to all severable matters.
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ARTICLE IX., SfATE DEFINED.
As-used in this Compact. 'Stfte" means a State, territory or posseision of thethe District of Columbia, or the Commonwealth of Puerto Rico. (Sec 1 ch 108 SLA
4 1-- 4 ch 30 SLA 1967)
See, 14.40.720. Execut on of compact by governor.
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;United Slates;1066. am-Secs
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Upon ratification and a prove of the .Compact for Education by 10 or more of the ehgthrepart*junscitctions. s 3 the State of Alatka the governor shall execute the Compaq on behaffof the state and perform other acts requisite to Its formal ratification and promulgation (tet CA
108 SLA 1966) A t
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Sec..1,4A0.730.4
Membarstof the commission. (a) One of the Commission members shaltbe the gehinor. one shall be the state commissioner of education. Veto shall be members of thestate legislature selected.by its respective houses and serving in such manner a the legislature maydetermine, one shall be the president of the State Board of Edlication, and two shall be appointedat large by and serve at the pleasure of the governor
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(b) The terms of office of the at.large members shah be four years; provided. however.that die first members shall be appointed as follows. one for two years. and one for four yearsEach member shall hold office until his successor is appointed and qularfied.
(c) The legislative and atlarge members of the commission shall not receive compen;ationfor tiwee.services. but they shall receive the travel ertrenses and per diem provided by AS 39.20180(2) ;Sec. 1th 108 SLA1966)
Article 9. Scholarship Loans and Tuition Grants.
Section751 Loan and tuition funds created.753 Financial aid committee755 Applicatiops757 Administration of program759 Undergraduate loans761 Graduate loans763 Conditions of loans765, Eligibility of students .0767 Selection criteria w.769 Discrini !nation prohibited
Sic. 14.751. Loan an d tuition funds created. (a) There is created a scholarship revolv-ing loan lurid --Thesfund shall be used to make scholarship loans to students selected uncle. Secs751-806 of this chapter. All repayments of pitincipai and interest on scholarship loans shall be paid- -into the scholarship revolving loan iun'd and shall be used to make new scholarship loans if esti-mated limos available from scholarship loan repayrhents are inadequate to fully fund estimatedscholarship wails for any fiscal year; additional Binding from the general fund may be requested and.
. appropriated for that year..
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(b) There is created a tuitioniront fund as'an account in the general funo The fund shallbe used to make tuition grants to students selected under Secs. 751.806 of its, chapter
(c) On March 1 of each fiscal year. if there is a balance of approph ed but unobhgated.. funds in the tuition grant fund created under (b) of thii section. that sum shall be automatically
transferred to the scholarship revolving loan fund,created under (a) of this section to make addl-. tional scholarship loans during that &alp art
(Sec 1 ch 98 SLA 1971: am Sec. 1 ch 156 SLA 1972, am Secs, 1.2 ch 136 SLA 1974. am Si Ich 136 SLA 1975. retroactive to February I. 1975) .
. ...:e. _- Sec.14.40.753. Financial aid committee. (a)' 'student financial aid committee .s com
posed of the members of the Alaska Commission on Postsecondary Education. The commissionmay delegate its functions under Secs. 751-806 of this ihaOker to a committee of its members, withaugmented membership as the ,commosson considersS'appfopriate. The executive-officer of thecommission is the executive secretary.Ofthe clommittee The Alaska Commission on PostsecondaryEducation Isbell administer the program established by Sees, 751.806 of this chapter
(b) Members of the committee serve without compensation but are entitled toper demand travel expenses authorized by law for boards and commissions.
54iction.771. 'Enforceability of certain contracts.
with:irrimors77(3 Repealed77 Tuition grants7N, ulutation on grants"'/86, nditions of qrants791 Eiigibihty of students796 Application arld certification801 Fiscal apd busTness management practices806 Definitions
.°,(c) The selection committee ;hall male an annual report reviewing the work of the com.
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mottee to he governor, the legislature and the private colleges and universities where students \receiving tuition grants are enrolled.
(d) The committee shall meet at least once a year The meetings shall be held at the callof the chairman or upon petition by twb members. (Sec I ch 98 St.A 1971. am Sec 2 ch 156SLA 1972; am Sec. 5 ch 78 SLA 1974. am Sec. 3 th 136 SLA 1974)
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. Sec. 14.40.755. Applications. (a) Applications shall be submitted to the executive secre-tary of the committee.
(b) A person whose loan or grant application is not recommended or presented to thecommittee by the executive secretary may appeal to the committee through the chairman of thecommittee and the committee shall consider the. application. (Sec. 1 ch 98 SLA 1971: am Sec:3.ch 156 SLA. 1972. am Sec. 4 ch 136 SLA 1974)
See. 14.40.757. Administration of progtam. The executive secretary shall administer theprograms subject to review by the committee and in accordance with the regulations prescribed bythe committee. The promulgation of
committeeregulations is subject to the Administrative Procedure
Act (AS 44.62), and a summary of the regulations shall be distributed to each applicant. (Sec. 1ch 98 SLA 1971: am Sec. 5 ch 136 SLA 1974) .
Sec. 14.40.759. Undergraduate loans. The committeemay mike a loan. not to exceed$3,0b0 in any one school year, to an undergraduate student eligible under sec. 765 of this chapter.(am Sec 1 ch 153 SLA 1978)
N See. 14.40.761. Graduate loans. The committee may made a loan, not to exceed $5,000in any one school year, to a graduate student who is eligible under Sec. 765, of this chapter and ispursuing-an adiranced de)ree (Sec. 1 ch 98 SLA 1971; am Sec. 7 ch 13i SLA 1974)
Sec. 14.40.783. Conditions of loans. (a) Proceeds front scholarship loans may dhly be usedfor books, tuition and required fees. and/for room and board.
(b) The loans may -only, be used to attend a career education program approved by thecommission or a college or university accredited by the accreditation association for the region inwhich the college or university is located. (Sec. 1 ch 99 SLA 19771
(c) To maintain a-loan the student must continue to be enrolled as a full -time student ingood standing in a career education program, college or university designated under (b) of thissection.
(d) Scholarship loans.may not be made to a student for more than si years.
(e) Loans are noninterest bearing while a student is enrolled under (c) of this section oris receiving a deferment of payments under (k) of this section. (am Sec. 2 ch 99 SLA 1977)
(f) Interest on a loan given under Secs. 751.806 of this chapter is at the rate Of five percent a year.
(g) the repayment period for Student loans is 10 years. Unless a deferment of paymentshas been granted under (k) of this section, repayment shall commence whenithe student terminateshis studies. In case of hardship, the committee may extend repayment of a loan for an additionalperiod of up to five years. (am Sec. 3 ch 99,51.A 1.977)
(h). Security may not be required for the loans: however, Ovision shall be made forpayment of attorney fees- and costs of court if either or both are incurred in -collection of theamount owed on the loan.
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0) If a loan is in default, the commission may notify the student that repayment of theremaining, balance is accelerated and due by sending the student a notice by registered or certifiedmail.
0) A portion of a loan shall be considered a grant if. upon completion of the course ofstudy for which the loan waS granted, the grantee spends at least two years.employed in the state.The portion of the loan which stall be regarded as a grant shall be the following percentages of thetotal loan received plus accrued Interest:_
a.
(1) two -.three years residency(2) three - four years residency
10 percent20 per cent
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f3) four five years residency 30 per cent40 per cent(4) over five years residency
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(Sec. 1 ch 98 SLA 1971; am Sec. 44 ch 166 SLA 19727 am Sec. 6 ch 78 SLA 1974; am Sec. 8 ch.136 StA 1974)
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'(k) Thuommittee may defer repayment of a loin du' ring any of the following:
(1) the first year after a student terminates his studies;(2) return by the student to student status as provided in (c) of this section,(3) performance by the.student of military or required alternative service. or(4) 50 per cent or greater disability of Hie student, as certified by competent medicalauthority. (am Sec. 4 ch 99 SLA 19771
8en.14.40.785, Eligibility of students, A studentmay apply for a scholarship loan if
(1) ) he is a resident of Alaska, and if'
(2) he is either
A. (a) enrolled as a full-time student in a career education or. associate or baccalaureateor graduate degree program; or(b) a graduate of a high school, or scheduled for graduation from a high school within,six months, with sufficient credits to be admitted to a career educatfon program or to
' an accredited college or university. (Sec.. 1 ch 98 SLA 1971)
Sec. 1440.767. Selectigi mitotic In selecting from among the eligible students thosestudents who will be awardeVloans the selection committee pall take into consideration the ,
followilig items: ...- , . .
(1) the student's financial needs;
(2) entering freshmen who a e graduates of Alalka high schools or who are graduates of,a high school outside the to if their Alaskan residency has been Continuous,
(3) personal recommendations from the student's instructors, employerf, and others familiarwith his abilities; 1
(4) the student's record of achievement (Sec. 1 ch 98 SLA 1971) 440C. 14.40.769. Discrimination prohibited. The student load" program shall be carried out
withotit regard to the race, creed, sex, color, ancestry, national origin, or membership in fraternalor politiCal organizations of the student applying for the loan. (Sec. 1 ch 98 SLA*1971)
4 of: rSec, 14.40.771. Enforcaebilltyof certain contracts with minors. A written obligation entered
into by a minor at least 16 years of age, evidencing, a loan or other assistance receive° by him '
from any ptison Or the purpose of furthering his education in a career education program or aninstitution ;or'higher learning, is enforceable against the minor with the same effect as if he here.at the time of its execution, 19 years of age, if the persOn making the loan has in his records beforemaking the loan a certification. from the institution that the minor is enrolled in the institution orhas been accepted for enrollment. (Sec. 1 ch 98 SLA 1971)
Sec 14.40.773. Repealed, (Sec 6 ch 156 SLA 1972)
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Sec 14.40.776. Tuition grants.
(a) the executive secretary of thesommittee shall award a tuition grant to a student in anamount op to the difference between (1) the cost, in a city where there is both a four-yearstate'university and a four-year private university or in a icily where there is bpth a two.year statecommunity college and a two-year private *Pep, forth operation of the state institution on afull ime staint per academic year basis, and (2) the tuition.or fees paid by the student at the stateinstitution in those locations, but in no cpse may the amount exceed 52,500 plus a cost-of-itvingadjustment Subject to tto approval of th'e committee and to the availability of appropriated fends.die executive secretary may adjust the maximum grant based tin a cost-of-living factor comparableto that employed in making adjustments to the state employee pay plan under AS 39.27015 Thetuition/grant paid to a student may not be in an ambunt that would result in a student paying less intuition or fees at a private college or university than would be recluired for a similar enrollment at .the state institution in the same city. The grant shall be apjeied by the student toward his tuition atthe private university or college in which he enrolls. (am Sec 1 ch 246 SLA 1976)
(b) tithe computation of the cost fot the pperation of the state institution on ,a fulltimestudent per academic yearlpasis under (a) of this section may not include construction or capitalimprovement costsdebt service and expenditures for research and public service functions..
(c) The complibtion under (a) of this section shall be made by the executive secretary Heshell publish the accounting procedures employed in rnakihg the Computation. including, but notlimited to, the time period on which the computation is based and the cost figures used. This costdata shall be made available for informationpurPoses to the officers or administrators of the stateinstitution whose- cost of operations is. del basis for the computation and to the officers oradministrators of the private and universities in which students receiving tuition grants areenrolled. A committee consisting of a qualified member of the staff of the divison of budget andmanagement of the Department of Administiation designated by the commissioner, a qualifiedmember.of the staff of the Legislative Budget and Audit Committee designated by the chairman ofthe committee, and one other specialty qualified person in the 'field of accounting, businessmanagement or institutional finance appointed by the governor,, shall review, and may hear anappeal from., the determination of the computation by the executive secretary No officer.administrator or other member of the staff of a state institution whose cost of operations is underreview 'or an officer, administrator, or other member of the staff of the private college oruniversities in which students receiving tuition grants are enrolled may be a member of thatcommittee. .
(Sic 5 ch 156 SLA 1972; am Secs 9, 10 ch 136 SLA 1974; am Sec Bch 136 SLA 19757
Sec. 14. 81. Limitation on grants.
(a) No grants may be made under sec. 776 of this cipptef for any portion of tuition Muchwould otherwise be paid under the terms of a federal graqt program.
go The amount of the tuition grantunder sec. 776 of this chdroter that may be awarded to a. 6 student who is also the recipient of a federal grant for tuition is computed according to the formula
G equals P minus S minus F, in which
. (1) G.. the grant awarded;dedi
(2) P the tuition and fees charged by the private college or university in -wfieth thestudent is enrolled;
(3) S the fee or tuition paid by a student &tithe state institution in the same citywhere the private college or university is !ogled;
(4). F the amount of any federal grant awarded sofejy for tuition or fees the studentmay receive.
(am Sec 2 ch 246 tit% 1976) 4
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(c) Private universities and colleges in which students receiving tuition grants are enrolledmay not use the income from these grants for instruction either sectarian in religion or partisan ine,politics.
(Sec 5 ch 156 SLA 1972; am Sec 11 ch 136,SLA 1974; Sec 3 di 136 SLA 1975)
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Sec. 14.40.186.,ndltiops of grants.
(a) Proceeds from grants may be us ed only for tuition at a collegeor university in Alaskaaccredited by the Northwest Association of Secondary and Higher Schools. Before payment of thegrant is made, the executive secretary shall obtain from each student to whom a. grant has beeii
' awarded a- statement certified under oath and on penalty of perjury that he will apply the granttoward his tuition at the private university or college in which he enrolls. On See3 ch 2486LA1976)
(b). (c). (d). (f) and (g) Repealed. (Sec 7 ch 246 SLA 1976)
(e) If a students awarded, or holds, both a scholarship loan and a tuitioo grant tinder secs.751 806 of this chapter. no portion of the scholarship loan may be considered a grant under sec.763(j) of this chapter. ,.
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Sec. 14.40.791.3
Eligibility of students. . ..
A student may apply for a grant under sec. 776 of this chapter if
(1) Ale is a residorit ofAlaska, and
(2) he is either.:, . ,
(Al accepted for admission, or enrolled, as a full-time or part-time student in an. associate, baccalaureate or graduate degree program: or .
(B) enrolled as a fuil-tirne or paTPlitne student in continuing eduCation'courses. .
approved by the executive secretary. 4
'Pt (am Sec 4 ch 246 SLA 197g)
Sec. 14.40.796: App Oaken and certification.
Application fts tuition greats must be submitiedj the executive Secretary The applicationdeadline for a school year shall be determined by the executive Secretary. The executive secretarymay award grants only after the institution of higher education has certified thIt the student hasenrolled rota full-time or part-time course of study in an assliciate, baccalaureate or graduate degreeprogram or enrolled in continuing 'education courses,. The executive secretary shall determitie theappropriate fbrmula for awarding tuition grantbto part-time students. He shall be guided by theprovisions of sec. 776 of this.chapler in melon? that determination: the difference between (1) thecost of operation for the state institution per semester credit hour. and (2) the he paid by thestudent at the state institutiod per semester' credit hour, but not to exceed an appropriate portionof $2,500 plus a cost -of living adjustment. The tuition grant paid to a part-time student may not bein an amount' that would result in a student ;keying less in tuition or fees it a private college oruniversity than would be requited for a similar enrollment at the state institution in the same city(Set 5 ch 156 SLA 1972; am Sec 15 ch 136 SLA 1974; Seo ch 136 SLA 19750m ;Sec 5 ch 246SI.A 1976) ..,
lb) Tuition gtanii may be awarded to, students who are enrolled in a full-time or part-timecourse of study that is conducted by a private censor university,eithetofkampus or on the basis
, of the student's fulltime or part-time participation in fieldbased programs. (am S 6 ch 246 5LA1976)' .
. .
Sec. 14.40301 Repealed. (Set 7 ch 246 SLA 1976)
. Set SA0.806, Definitions..
In secs.'751 806"of this chaplet
(1)',artier ed ucation" means a cokrse or program in vocationaltechhical trainingor education approved by the commission; (am Sec S ch 99 SLA 1977)
1.23 r,
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110
(2) efull-time student" Wins an undergraduate or career education student who isenrolled,and is in regular alto/ft-lance at classes for at least 12 semester hours of credit or theequivalent during, the master "or a graduate student who is enrolled and is in regular at-tendance at clistebin ation of seof semester htutions ofstatus; Rm Sec. 6,4
at least nine semester hours of credit or the equivalent, any com-ours of Canit, or the equivalent, aggregating to the requisite number
and undertaken during a semester at two or more public or private Nistaeducatiqn operating under a consoaium constitutes full-time student
99 5LA 1977)
,d ' .. (3) "p art-t i me s ant" means a student who is enrolled and is in regular attendance
student status under (2) o ,this sectionduring the semester; (am Sec. 7 ch 99 SLA 1977)
dent:".....;,..-. al classes for at Walt th but less than the semester hours of credit required for fun-time
(4) "resident" means; a person domiciled in Alaska who has resided in Alaska for at feasttwo years before an application for. a grant or loan is made under secs. 751 806 of thischapter;
(5) "school year" means ther-iod from September 1 of one year through August 31 of. . .
. the following year.
(6) "commission" means the Alaska Commission on Postsecondai, Education
4,
(7) Repealed. (Sec 7 cA 246 SCA 1976)%
1 A
415
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Article 10. Memorial Scholarship RevolvinLoan Fund
111
Section 'Section810. Declaration of Purpose 830. Selection815. Fund created 835. Discrimination ptohibited820. Limits od, conditions of loans 840. Administering authority825. Repayment of loans 845. Funding
Repeal of former article. -- Section 22, ch'136, SLA 1974, repealedformer Article 10, entitled 41111chael Murphy Scholarship Loan and GrantFund." The former article consisted of secs. 14.40.850.14.40.890, andderived from Sec..1, ch. 33, SLA 1969:r
Sec. 14.40.810. Declaration of purpose. (a) The legislature may paytribute to the memory of Alaskans who-, by the example of their lives, or bytheir distinguished contribdtion and service to this state, their community .
or their profession, exemplified the best that is the challenge of "The GreatLand" by the creation of memorial scholarships as a part of a general memorialscholarship revolving loan fund, setting out the purpose for which each iscreated, and the conditions applicable to each scholarship.
(b) The purposes of the several memorial scholarshipeaccounts in thememorial scholarship revolving loan fund are as follows:
(1) the Michael.Murphy Jemorial scholarship perpetuates the' memoryof Michael Murphy, a member of the Alaska State Troopers, who, while on leavefrom that division, gave his life for his-adopted country in Vietnam onNay22, 1968;
(2) the Carrol l L. "Burch" Swartz memorial scholarship perpetu-ates the memory of Carroll L. "Butch" Swartz, of Juneau, who was a studentintern with the Criminal Justice Planning Agency and the Governor Commissionon the Administratioe of Justice during the summer months* 1972 and 1973 andwhose accidental and,untimely death,in November 1973, occurred while he wascompleting his undergraduate educative, at Yale University, thus never realizinghis educational goals or career objective;
(3) the Harvey Cola) memorial scholarship perpetuates the memoryof Harvey Golub, of Juneau, who was chief engineer of the bridge design sectionof the Department of Highways of the State of Alaska aedwhose accidental anduntimely death September' 13,_1971, cut short a widely-respected career in civilengineering; and
(4) the Robert L. Thomas memorial scholarship perpetuates the memoryof Robert L. Thomas, of Juneau, who as Deputy Commissioner of Education, and for13 years as a member of the professional staff of that department contributedsignificantly to the creation, operation and. administration of a sound, systemof public education in Alaska and whose tragic and untimely death March 12, 1974,terminated a distinguished career in education and gghlic administration thatlong will be exemplary for those who aspire to service. in that profession.(Sec. 21 ch 136 SLA 1074)
i
Sec, 14.40.R15. Fund created. (a) There is created a memorial scholarship' r revolving loan fund. The fundshall be used to provide educational scholarship
loans to students selpcted under secs. 810-845 of this chapter. All repaymentsof principal shall be paid into p4e memorial scholarship revolving loan fundand' shall be used to male new scholarship loans.,
(b), Each memorial scholarship, the puriasA of whickis set out in sec. 810(b)of this chapter, i6 a separate account in the memorial scholarship revolvingloan fund created under(a) of this section., ((Sec. 21 ch 136 SLA 1974)
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Sec. 14.40.820. Li is on, conditions of loans. (a), A scholarship loanto a recipient under'sece.',10845 of this chapter,may not exceed $2,500 aschool year, for an undergraduate student or $5,000 a school'year for a graduatestudent. Loans may not be made.to a student for more than six years.
(b) A loan made under secs. 810-845 of this chapter, may be Used only asfollows:
(I) a Michael Murphy memorial scholarship loan may be used onlyto pursue a degree program in an accredited college or university in law enforce-lment, law, probation and parole, or penolay, or closely related field;
(2) a Carroll L. "Batch" S.:mitt-Memorial scholarship loan maybe used only to pursue a degree program in an accredited college or universityin criminal law, criminology, corrections, police science and administration,juvenile justice, or other fields closely related to criminal justice;
(3) a Harvey Golub memorial seholarship loan may be used only topursue a degree program in an accredited dollege or university in civil, mechan-ical, electrical, electronic, petroleum, mining, traffic and transportation,sanitary, chemical or other recognized fieleof engineering; and
,(4) a Robert L. Thomas memorial scholarship loan may be used onlyto pursue a degree program in an accredited college or university that will
.lead to a career in education or public administration, or other closely relhtedfield.
(c) The recipient shall brc7resident of Alaska and either
(1) enrolled as a full-time undergraduatt or graduate studentleading to an Associate, Baccalaureate or Graduate degree program in a fieldlisted in (b) of this section that is appropriate to the memorial scholarshiploan received;
(2) a graduate of high school, 'or scheduled for graduation from ahigh school within six months, with sufficient academie credits to be admittedto a college or ditiversity intending to pursue a course of study leading to adegree in one of the.fields listed in (b) of this section that is appropriateto the memorial scholarship loan received; or
(3) an officer or .employee of a department, agency or municipalityin the state who intends to pursue a course of study in his professional 4.101d
, leading to a degree in one of the fields listed in (b) of this section appro-priate to the memorial scholarship loan received.
/ (d) The recipient must at all times continue to'be enrolled as a full-timestudent in good standing at an accredited college or university.
a
(e) In any year in which the memorial scholarship revolving loan fundcreated under Sec. 815 of this chapter Has inadequate receipts to fund a loanin one of the scholarship categories listed-in Sec. 810(b) of thi8 chapter, noloan i that scholarship category may be offered and the receipts shall be addedto the amount available for that category in the succeeding year.
(f) The adminiihering authority may Provide conditions in the note signedby the recipient or in a separate document pr.coniunication that will help itcarry out the proviitons Wiles. 810-845 of this chapter. (Sec. 21 ch 138 SLA
1974)1
Sec. 14140.825 Repayment of loans. (a) Memorial scholarship loans shallbe noninterestbearing and security for the loan may not be required. However,the note signed by the recipient shill prOvide for the payment of attorney fees,cost,. of court and skip-tracing fees if any are incurred in collection of theunpaid amount owed op_the loan. .
.
(b)0 No part o 116joan made under seed'. 810.845 of this chapter need berepaid during an a e
ilid
ile year in which the student is attending an *accreditedcollege or waivers tv.evi'm full-time student.
1(c) Loans may be rep* at an accelerated rate at the option of the
recipient.
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(d) If a lo is in default1 thiRadministering authority shall notify herecipient that reps t of the remaining balance is accelerated and due bysending the recipi t a notice of registered or certified mail.
li.**
(e) A recipien of asemor* scholarship loan under secs. 810845 ofthis chapter -rho gradOges frob.0,egree program shall receive fdetiveness ofonefifth of loan indelikedness for each °ne/ear period he is employed full tise
.NA. in Alaska in
(1) lawTinforcemerit or related filds,...tf:heqs a recipient of aMichael Murphy memorial-scholarship loan;
'
. (2) crimiifal law, criminal justice or other closely related fields,if heis a recipient of a Carroll L. "Butch" Swartz seiorial scholarship,loan;
.
(3)- a recognized branch of the engineering profession orebtherclosely related fields, if he is a.recipient of a Harley Golub memorial scholar-ship loan; or
.
(4) education or public administration, or other Closely relatedfield, if he is a recipient of a Robert L. Thomas memorial scholarship loan,:
..-(f) That portion of the loan that is forgiven under (e) of this section
shall be considered a grant to the recipient..
_
(g) A recipient who does not qualify for forgi4eness of all or a part ofthe loan made to him under secs. 810-845 of this chapter shall.begin repaymentof the ,unforgiven portion within six months after leaving. employment, or ter-
.minating his studies, in
../(1) law enforcement or related fields, if he is a recipient of a
Michael Murphy memorial echblarphip loan;
(2) criminal law, criminalijustice o other closely related fields,if he is a recipient of a Carroll L. "Butch" 'Swartz memorial scholarship 1oamr-
(3) a recognized branch of the engineering profession or other' closely related fields,.if he is a recipient of a Harvey Golub memorial scholar-
ship loan; or -"
. (4) education or public administration, ok other closely relatedfield, if he is a recipient of a Robert L. Thomas memorial scholarship loan.
(h) The unforgiven portion of a loan under (g):of this section shallbe repaid in an amount, and at a monthly rate, to be determined by the admin.,istering authority after consultatipn with the recipient, but many eventnot less than $50 a month. (Sec. 21 ch 136SLA 1974)
Sec. 14.40.830. Selection, (a) In selecting from among,eligible applicantsa person who will be granted a loan under secs. 8104345 of this chapter, the.,administering authority shall consider the followings.
4 (1) the applfcant's careeloals and aspirations;
(2) the applicant's pilor'academit record;
, (3) the financial need of the applicant; itd
*(4) other items that may be considered relevant by the administeri1p authority to 'determine whether an applicant will receive a loan.
(b) To assist the administering authority in selectingleligible applicantsfor award of each of the memorial scholarship loan under secs. 810.845 of thisphepter and in reviewing the memorial scholarship loan program, the followingadvisory committees are established:
', (1) three Alaska state troopers, each one -to be selected from andto represent a state trooper region of the state by the regional commander toserve' for threyeare, for the Michael Murphy memorial scholarships
%.
(2) three members of the Governor's Commission on the Administration .
of Justiceeeleeted annually by the comaissien from among its membership, for' the Carroll L. "Butch" Swartz amorist scylatshiP;
AV / V.
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(3) threcinembers of the state Board of Registration for Architects,Engineers and land Surveyors selected annually by the board from among its.engineer members, for the Harvey Golub memorial scholarship; and
(4) three members of the/state Board of Education, or of the staff'of the Department of Education, or any combination of these, selected annuallyby the board, for the Robert L. Thomas memorial scholarship. (Sec. 21 ch 136SLA 1974) .
Sec. 14.40.835 Discrimination prohibited.. The memorial scholarship .
loan program shall be carried out iH.thout regard to the race, creed, sex, color,ancestry, national originjor membership in fraternal or political organizationsof the applicant. (Sec. 21 ch 136 SLA 1974) '.
Sec. 14.40.846. Administering authority. (a) The memorial scholdrshiploans provided for under secs. 810-845 of this chapter shall be admiqisteredby the executive secretary of the student financial aid committee under secs.753 and 757 of this chapter, subject to review by the committee and those.regulations the committee may presitibe to carry out the purposes of secs.810-845 of this chapter.
(b) To the extent that they are not in conflict with the provisions ofsecs. 8104145 of this chapter, the provisions ofsecs. 751 -806 of this chapterrelating to scholarship loans are applicable to loans made under secs. 810-845of this chapter. (Sec. 21 ch 116 SLA 1974)
. '.
Sec. 14.40.845._ Funding. (a) The memorial scholarship revolving loanand created under sec. 815 of this chapter shall be funded by voluntary con-
tributions by state employees who may contribute the value of one or more daysof annual leave a year to the memorial Scholarship revolving loan fund to becredited to any one or more of the'scholirship accounts listed in sec. 810(b)of this chapter at the discretioi of the donor. .
(b) The Department of Asinistration s;211147-fo the account of thememorial scholarship revolving loan fund established under sec. 815 of thischapter anamount equal to the value of the total number of days of annualleave contributed by state employees under {a) of this section.
(c) The administering authority may accept contributions from privatesources for the meadrial scholarshil. revolving loan fund created ender sec. 815of this chapter. These contributions shall be deposited in the dbmorial scholar-ship revolving loan Nob crestedunder sec. 815 of this chapter to be creditedto any one or More of the scholarship accounts listed in sec. 810(b) of thischapter'at the disctetion.of the donor. For the purpose of this subsection,"private sources" means,private_individuals, corporations,foundations orother philanthropic or charitable organizations. (Sec. 21 oh 136 SLA 1974)
.44.
t
4.
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Article 11. State Agreements
with Private Inetitution'of Higher Education.
Section
_900-910. Repealed.
Secs. 14.411.900 - 14.40.910. Repealed by Sec. 2 ch 98 SLA 1971,effective July 1,1972. . . s
.1 .
Article 11. Alaska Commission on Postsecondary Education
901. purpose, intent I. 909. Functions of the commission903. Creation, composition, appoint- 911. Collection of data
.
sent of members 913. Executile officer and staff;905. Officers administration907. Meetings, rules, votes required 915. Compensation and, per diem
Sec. 14.40.901: Purpose. intent. (a) The legislature finds and declaresthat is has become essential, for Alaska to provide for a more efficient use offinancial-resources, both federal and state, in providing postsecondary edy-cational services to its citizens. Thus, the state should create a more closelyarticulated system of planning for postsecondary education, with special referenceto occupatiOnal eduiation and the unique contribution made by the communitycolleges. Theobjective of-secs. 901-915 of this chapter is the coordinated,comprehensive planning for postsecondary education in Alaska; encompaiiing .
public, private and proprietary postsecqndary educational institutions andagencies in'the state, in order 10 lessen the disparate planning. efforts of theamiveral state agencies and others now planning one or more elements of post- ,
sMondary education. At the same time, the Education Amendments of 1972 (Pi924318) affords the state the opportunity to draw together programs widely scat-terei outside the statewide university system but which are related to postsecondary, and especially highezi education that would be more effectivelyadministered by a more visible single agency and thus more clearly and directlyaccountable to the legislature and to the people of Alaska.
. 1
.(b) The legislature affirms that the legal authority for the operation' and management of the statewide university system remains with the Board ofRegents of the University of Alaska and the legal authority for the operationand management of other postsecondary educational. programs remains with thegoverning boards of the other private nonprofit and propkietary institutionsin the state. (Sec. 4 ch 78 SLL19/4) . .
-. Sec. 14.40.903: Creation.: composition. appointment of members. (a)
There is in the Department of Education the Alaska Commission on PostsecondaryEducation consisting of
. '
A
(1) tOo members of the .Board of Regents of the University of Alaskadesignated by the members of rat body; .
(2) one person representing private higher idUCati011 in the state.
selected jointly by the Boards of Trustees of Alaska, Methodist University andSheldon Jackson College from among their members
(3) one person represeniing the Depap vent of Education selectedby the state Board of Education; ,
(4) five persons broadly and equitably representative of the generalpublic appointed by the governor;
(5). one member of the state Advisory Council on Vocational Educationdesignated by the members of that bodn
4
(6) One person from among the =mime of the local community collegeadvisory councils appointed, initially, by the governor until the state AdvisoryCouncil on Community Colleges is established and organized under sec. 909(b)of this chapter; then, one meatier of the state Advisory Council on Community.Colleges lasignated bYthe mashers of that body;
AN.
(7) two members from the legislature, one of whoa shall a116 desig-nated by the Legislative_Council and one by theitegislative Budget and AuditCommittee.
(b) No governing body member, trustee, official or employee of eitner apublic, private or proprietary institution of postsecondary or higher educationin the state may be appointed to membership on the commission as representativeof the general public for the purpose of (a) (4) of chis section.
(d) The governor's appointees are subject to confirmation by the legislatureand shall serve at the.pleasure,of the governor for four-year staggered terms..Members appointed or designated by bodies or agencies bther than the governorserve at che pleasure of the appointing authority. Vacancies shall be fill&in the same manner as original appointment.
(d) Fqr the purpose of (a) ) of this section, "broadly and equitablyrepresentative of the general public" means that the public membership of tnecommission shall include adequate representation both on che basis of sex andon the basis of the significant racial, ethnic, geographic and economic groupsin the state. (Sec. 4 ch .7$ SLA 1974)
Sec._ 14,40.905. Officers. The chairman and vice-chairman shall be electedfrom among the nembeva of the commission for a one-year term and no member of thecommission may serve as chairman for more than two consecutive one-yearsterms.
(Sec. 4 ch 78 SLA 1974)
Sec. 14.40,90.7!. Mleetfleb.rules, votes required. The commission 4.411.riprescbe its own rules of procedure. The commission shall meet once quarterly).
at a cime and place determined by chelchairman, and at other times and-placesas the chairman, or 4 majorieyof the members of the commission,, considernecessary. A quorum is &majority of the members of the commission. The votesof the commission members shall be recorded, and effective action require.' theaffirmative vote of a majority of che commission members present. .No commissionmember may, with respect to a matter before che commission, vote for or onbehalf of, or in any way exercise the vote of, another member of the commission.(Sec. 4 ch 78 SLA 1974)
Sec. 14.40.909. Functions of the commission. (a) The commission has`the fUTZW16g functions, advisory to the governing boards of institutions ofpublic mid private 'higher education in Alaska, to cheiovernor, the legislatureand to other appropriate state anted federal officials0
(1) coordinating the development of comprehensive plans for theorderly, systematic growth of public and private postsecondary education, tncludinecommunity colleges and occupational education, in the state and submit recom-menditons on the need for, and location of, new facilities and programs;
(2) advise an to the functions and purposes of che colleges anduniversities, both public and private, in che state zed counsel as to che programsapplopriate co each(
(3) review che annual budgets and capital outlay requests of theUniversity of Alaska and of each.of the private colleges and universitiep in"the state, and present comments on the gbneral level of support sought;
'(4) review and advise as to che working of all consortia and otherctioperatiVe agreements between the institutions of higher education in the statechat are parties to chew;
.(5) administer the provisions of AS 14.48 (regulation of postsecondary educational institutions)
(am See2 ch 25 SLA 1976) -
(b) Thecommission shall;
delielop a comprehensive statewide plan for coordinated ebstsecondary education in the state and serve as the acate commission on postsec-
.
Ondary education required under sec. 1202 of Title XII of the Higher EducationActaOf 1965, as molded by the Educacion Amendments of 1972 (PL 92 -318, sec.
196; 86 Scac. 324);
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(2) establish a state advisory council on -community' colleges and develop acomprehensive statewide plan for the expansion and improvement of the community collegesunder sec. 1001 of Title X of the Higher Education Act of 1965, as amended by the EducationAmendments of 1972 (PL 92-318..sec. 186; 86 Stat. 312, 313):
(3) serve as the 'state agency required under secs. 105 of Titre I (Community Service andContinuing Education), 603 of Title VI (Financial Assistance for Undergraduate Education)and 704 of Title VII (Construction ot fkademic Facilities) of-the Higher Education Act of1965 (PL ea-329; 79 Stat. 1220. 1262: 20 U.S.C. 1005. 1123) as authorized by set. 1202(c)of Title XII of the Higher Education Act of 1965, as amended by the Education Amendmentsof 1972 (PL 92 318, sec. 196; 86 Stat. 324);
(4) administer the provisions of AS 14540.751-14.40.806 (Student loan and tuition grantprogram), and serve as the student financial aid committee;
ab.
(5) administer the provisions of AS 14.48 (regulation of postsecondary educationalinstitutions); (am Sec 2 ch SkA....,976)
(6) resolve any disputes that exist or arise under a consortium or other cooperativeagreement between institutions of public and private higher education in the state.
(c) The commission may establish task forces, committees or.subcommitteei, not necessarilyconsisting of commission members, to advise and assist the commission in carrying out its functionsassigned by state or federal statute. The commission may contract with, or use, existing institutionsof higher education or other individuals or organizations to make studies, conduct surveys, submitrecommendations or otherwise contributp,to the work of the commission. The commission mayappoint a committee to be responsible for the area of student financial aid. (Sec 4 ch 78 SEA 1974)
Sec. 14.40.911. Collection of.data.
h e commission may require the institutions of publicand private higher education. and otherinstitutions of postsecondary education. in the state to submit data on costs, selection and retentionof students, enrollments, plant capacities and use and other matters pertinent to effective planningand coordination, and shall furnish information concerning these matters to the governor, to thelegislature and to other state and federal agencies as requested by them'. (Sec 4 ch 78 SEA 1974)
Sec. 14.40.913. Efecutive officer end staff: administrailori.
(a) The commission may appoint an executive officer. The executive officer is a member ofthe exempt service under AS 39.25.110, serves at the pleasure of the commission. and he receives,compensation fixed by the commission. The executive officer appoints persons to the staffpositions authorized by the commission, and staff compensation is fixed by commission. Theexecutive officer is the executive secretary of the student financial elid committee. Each employeeof the commission shall elect membership either in the state teachers. retirement system (AS14t25), if qualified, orp the public employees' retirement system (AS 39.35).
(b) The Alaska Oaf:mission on.Postsecondary Educition is not a division in the Department'of Education. The commission,' Its members, executive officer and staff'are in the Department ofEducation for administrative support services only, and they are not subject to the direction of thecommissioner of education or the state Board of Education, (Sec 4 61 78 SEA 1974)
Sec.. 14.40.915. Compensadon and iser diem.
Members of the commission. serve without compensation but are entitled to per diem andtravel expenies as may be authorized by law for boards and commissiont (Sec 4 ch 78 SEA 1974)
Sec. 14.40.917. Legal counsel.
(a) The attorney general is legal counsel for the commission. He shall advise the commissionin legal .matters arisIngin the discharge of its duties and represent the commission in actions towhich it Is a party. If, in the opinion of the commission, the public interest is riot adequatelyrepresented by counsel In a proceeding. the attorney general, upon request of the commission, shallrepresent the publiE interest.
(b) The commission may employ temporary legal counsel from time to time In matters inwhich the commission isinvolved.
(Sec.3 ch 25 SW 1976)
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Sem 14.10.919. Consortia. All parties that are signatory to a consortium agreement betweenthe University of Alaska and a private university or college-must abide by a decIsidi rendered by thecommission when disagreements arise or exist between the parties. For pui-p-oiec of this sectioerehdSec. 909(b)(6) of this chapter, "consortium" means a .coopprativp arrangement betke.n two ormore public or private institutions of higher educattinspecified in.agreernents or memoranda ofunderstanding to permit sharing of facilities, instru ional opportunities, and other educationalservices in such a way that the integrity. of each institution party to the consortium is preservedwhile at the same time the institutions cooperatively plan the academic calendar, scheduling, use ofpersonnel and facilities, and educational programs and offerings to the maximum advantage of thestudents and faculties of the institutions that are parties to t consortium. (am 'Sec 8 ch 246 SO1976) i
r .. ,' Article 12. Free Tuition and Fees
forDependents of Prisoners of war '
andThose Missing in Action in Southeast Asia.
Section920. Free tuition and fees at state-supported educational institutions .
Sec..14.41).920, Free tuition end fees at state-SU pported e4ucadonal institutions. (a) AnyoePengent of a bona fide Alaska resident who, while serving dating the h 'ties involving theUnited States forces in Southeast Asia, was listed by the United States Departmen of Defense as.'-prisoner of war or missing in action in Southeast Asia may attend any state-support ucationallistitution without payment of tuition and fees.
,(b) As used in this section, "dependent" means a dependent spouse .or, child. (See 1 ch 17'6
f
SLA 1972) .
Section930. Purpose; creation
.0" Administration940. Distribution of funds945. , Eligibility; priority
Article 13. Alaska State EducationalIncentive Grant Program
4950: Limitation on grants955. Cortfidenti4lity of certaitir45pnation960. Definitions .
Sec. 14.40.930.- Purpose; creation. There is established the Alaska state educationalincentive grant program to provide financial assistance to eligible students to enable thein to attend,or continue their attendance at postsetondary educational institutions. Funds ariprolfriateCtfor thisProgram shall be used as matching funds. for the state's participation in the federal s dentincentive grant program' (Pl. 92.318120 U.S.C. sec.,107Qc 1070c-3).. .
,Sec. 14.40.935. Administration. (a) The educational incentive grant program esta
under secs. 930 960 Of this chapter shall be administered by the executive secretary ofstudent financial aid committee under secs. 753'and 757 of this chapter. subjct to review bycommittee and to those regulations the committee hay prescribe to carry out the urposes'o930 960 of this chapter.
. .'(b) To the extent that they are not in conflict with the provisions of secs. 93 935 of this
chapter, the provisions of sacs. 751 806 of this chapter relatlhg, to student nancial aid are..applicable to the grants made under sees. 930 960 of this chapter.
Sec. 14,40.940. Distribution of'funds. -The funds appropriated le the educatiohal ince yegrant program shall be allocated to eligible students in accordance with ,the prdvisiontof the eralstate student incentive grant prograntand regulations pipmulgated under secs. 757 ands 9 of this
. chapter.. . .-
, ..:,
Sec. 14.40.945. Eligibility; priority. (a) A student may apply for an educational incentivegrant if he
. . o $,(1) is a resident of Alaska; . ' 7.-
'.'i :'' .4."(2) is enlist:, . .
. .. (A) enrolled as a fulkime- undergraduate ssttedt in- a degree program. in an
accredited postsecondary educational institution; or.. :i :'1
132^,
a
. c.
I
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(B) a person eligible to be admitted to an accredited postsecondary educationalinstitution: and .
(3) establishes financial need in ,accordance with ndards for 'determining financialneacridapted by the committee under 20 U.S.C. sec. 1070c-2
(b) The committee shall, by regulation, establish a system of priority in the selection ofrecipients of grants under secs. 930 960 of this chapter.under which students from "low income"
4110 families or whoie incomes are considered "law income" shall be given preference in the 'award ofthe educational incentive grants.
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Sec. 14.40.950. Limitation on grants. (a) No grant. made under secs. 930 960 of thischapter may be in an amount less than $100 nor more than $1,500 for each academic year.
(b) A grant awarded under secs. 930 960 of this chapter may be used by a student only alan accredited postsecondary educational institution.
Sec. 14.40.955. Confidentiality of certain inforniation. All information submitted insupport of a determination of financial need as provided in this chapter is confidential. However, anapplicant may inspect or copy information from his own application, or records relating 04c1 his ownapplication, or authorize release of the application or records to designated individuals or
`organizations.
Sec. 14.40.960. Definitions. In secs. 930 960 of this chapter
(1) "resident': means a persoh who, except for brief intervals, military service,attendance at an educational or training institution, or for absences for good cause shown, hasresided in Alaska and who has maintained his domicile in Alaska; domicile is the true andpermanent home of a person from which he has no present intention of moving and to which heintends to return whenever he is away;
(2) "undergraduate" means a student who has not completed a baccalaureate, graduateor professional degree.
(am Sec 1 ch 51 SLA 19713)
Chapter 45. Private and Denominational SchoolsSection10. Repeated 30. Attendance and annual reports20. Commissioner may furnish examination required
questions for and grant diplomas toeighth gradirpupils
Sec. 14.45.010. Repealed. (Sec 59 cb 98 SI-A 1966)
AIM 14.45.020. Commissioner may furnish examination questions for and grant diplomas toeighth grade pupils. The commissioner may furnish final examination questions for the eighth gradepupils in private and denominational scho'ols and grant eighth grade diplomas in the same manner asin public schools. (Sec 37-11.2 ACLA 1949) __
Sec. 14.45.030. Attendance end annual reports required. Teacher* and others in charge of,private or denominational schools shall make regular monthjrattendance reports and annual reportstodhe commissioner. of education in the same manner as teachers and superintendents in the publicschools. (Sec 37-11-3 ACL.A 1949)
Chapter 47. Regulation of. Educational Institutions
AS 14.47. 'Repealed. (Sec 5 ch 25 SL.A 1976)
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Chapter 48. Regulation of Postsecondary
Section Section
110
Educational Insaitions
10. Purposes 120. Revocation20. Authorization and permits required 130. Complaints30. Exemptions 140. Judicial review .40. Commission to administer chapter 150. Preservation of records40. Powers and duties of commission 160. Enforceability of notes and ontracts60. Minimum standards , 170. Jurisiletion70. Authorization to operate 180; Enforcement: injunction80. Agent's permit 190. Vibiations: Civil &natty90. Fees 200. Criminal violation
100. Bonds 210. Definitions
?'110. Denial
Sec. 14.48.010. Purposes.
(a) leis the purpose of this chapter to provide for the protection, education, and welfare ofthe citizens of the state, its postsecondary educational institutions, and its students, by
(1) establishing minimum standards concerning quality of education, ethical andbusiness practices, health and safety, and fiscal responsibility, to protect against substandard,transient-unethical, deceptive, or fraudulent institutions and practices;
(2) prohibiting the granting of false or misleading educational credentials;-
"13) reg. Leafing the use of academic teiminology in designating educational institutions;
(4) prohibiting misleading literatueducational institutions or their agents;
(5) providing for the preservation
(6) providing certain rights and rercarry out the purposesefMis chapter.
e, advertising, solicitation, or representation by
essential academic records; and
edies to the public and the commission necessary to
. (b) This chapter may not be construed to preclude the developmentiof innovative, alternativepostsecondary educational delivery systems or programs if their purposes and their administration,operation or management are in the public interest and do not conflict with those purposes setin (a) otthis section. " .
Sec. 14.48,020, Authoriiation and permits required. No person may
(1) operate a postsecondary educational institution in the state unless the institution' hasmks valid authorization to operate issued under this chapter or is exempt from the provisions of
this chapter: ~
(2) ofhi itself or through an agent enrollment or instruction in, or the granting ofeducational credentials from, a postsecondary educational institution, whether the institutionis in or outside the state, unless, the agent is a natural person and has a currently valid agent'Spermit issued under this chapter or is exempt from the provisions of this chapter;
(3) accept contracts or enrollment applications of prospective students from an agentwho does not have a current permit as required by this chapter; however, the commission maypromulgate regulations to permit the rendering of legitimate public information serviceswithout the permit;
(4), instruct or educate, or offer to instruct or ettuca" te, enroll or offer to enroll, contractor offer. to contract or award an educational credential, or contract with an institution orperson to do so, in or outside the stale, unless that PerseEl is in compliance with the minimumstandards set out in sec. 60 of this chapter, the criteria established by the commission undersec. 50(1) of this chapter, and the regulations promulgited by the commission under sec. 50(7)of thischapter;
(5) use the term "university" or."college" without authorliation to do so from thecommission;
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(6) grant, or offer to grant, edrional credentials, without authorization to do so fromthe commission, e
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Sec. 14.48,030. Exanitions.
The following educational programs or services and educational institutions are exempt from-theotovisions of this chapter!
(a) Institutions exclusively offering,instruction at one, some or all levels frorrrlprescirool----through grade 12 are exempt from the provisions of this chapter.
(b) The following educational programs or services and educational institutions are exemptfrom the provisions of this chapter or portions of them, as determined by the commission:
- (1) ediication sponsored by a bona fide trade, business, labor, professional, or hater.nal association or organization, recognized by the coromission and conducted solely forthat association's or organization's membership, or offered on a no-fee basis;
(2) education solely avocational ;ecreational in nature and institutions offeringavocationator recreational education exclusively;
(3) education offered by charitable organizations, recognized by the commissio ifthe education is not advertised or promoted as leadirk toward educational credentia ;
(4) nonprofit postsecondary -educational institutions` offering undergraduite ograduate educational programs conducted in the state, but not by correspondence, whichare acceptable for credit toward an associate, bachelor's or graduate degree;
-(5) postsecondary educational/ institutions established, operated, and governed by \the United States, a state or its political subdivisions.
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lain Sec. 1 ch 50 SLA 1977)
Sec. 14.48.040. Commission to administer chapter.. 'IN
The Alaska Commission on postsecondary EduCation shalt administer thii chapter and mayhire necessary personnel. The cohenission may obtain from depaftmenb, commissions and otherstate agencies ipformation and assistance needed to carry out the provisions of this chapter. ..
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Sec. 14.48.050. Powers and duties of commission. The commissioncommission shall
(I) establish minimum criterieconsistent with sec. 60 of thil chapter including qualityof education, ethical and business practices, health and safety and fiscal responsibility whichapplicants for authqrization to operate, or for an agent's permit, must meet before theauthorization or permit is Issued;
12) receive, investigate and act upon applications for authorization to operatepostSecondary educational institutions and applications' agent's permits;
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(3) maintain a list of postsecondary educational institutions and agents authorized tooperate in the state under this chapter;
., . ..--- .(4) keep current and make- available as public informatlon the list of Institution" and
agents; ,--... .
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(5) enter into interstate reciprocity agreements with similar agencies in other states, if inthe judgment of the commission the agreements will be helpful in carrying out the purposes ofthis chapter; .
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(61 receive and Maintain as i permanent file, copies of academic records Maintained inaccordare withsec.-603b)(6) of this &pier: ,
(7) . promulgate regulations and procedures necessary or appYopriate for the conduct ofits work and the implementation of this chapter under the Administrative Procedure Act (AS44.62); 6 . ' .
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.,'"18) inveidgete on its own initiative or in response to a
subject to. or reasonably-believed by the commission tochapter; and in connection with the invtgation subpoedocuments related to the pvestigation; req re apswers in wrpropounded by the commitilon and administer oaths or affi
aint lodged with it. persons ..-0.the jurisdiction of this
ns, books.' r0773b...nr...under oath to7tieitia;iii, --""*`,to persons in connection
-------with-the.:investigatt nd for the purpose of examination at all reasonable times. shall have .
accesi to, and the right to copy, treindinittrof reorporatian i underinvestigation or being proceelad against;
(9) exercife Other necessary power1d duties in conformity with4he provisions of thischiOter which. in the judgment of tha commission are necessary to carry out the provisions ofthis chapter, . .
e.1111, .
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...a 14.48.060. Minimum standards.
Pt In establishing the criteria required by sec. 50(1) of this chapter, the commissi shallrequire compliance with the minimum standards set out in (b) of this section.
(b) A postsecondary educational institution must be maintained and operated, or, in the caseof a new institution must demonstrate that it can be maintained and operated so that .
(1) the quality and content of each course or program of instruction, training, or studyare such as may reasonably and ediquately achieve the stated objective for which the course orprogram is offered; -
(2) the institution has or has access to adequate space, equipniant, instructionalmaterials, and personnel where applicable to achieve the stated objective of the course. orprojram of study and to provide education of good quality;
(3) the education or experience qualifications° of directors, administrators, supervisors, ,kand instructors are such as may reasonably insure that the students will receive educationconsistent Alb the objectives of the course or program of study; '
(4) the institution provides a cabin or brochure containing information deicribing theprograms offered, program objectives, iliigth of program, schedule of tuition, fees,, and allother charges and expenses necessary for completion of the course of study, cancellation andrefund policies, and other material facts concerning the institution and the program or course
. of instruction which are reasonable likely to affect the decision of the student to enroll.together vIth any other disclosures specified by the commission by regulation; and thit thisinformation is provided to prospective students before enrollment;
(8), upon satisfactory4kcompletion of training, the student is given appropriateeducational credientials by the institution, indicates that the course of instruction or studyhat been satisfactorily completed by thistu dent; ."'"
(6) adequate records are maintained by the institution to show attendance. progress, orgrades, and that satisfactory standards are enforced relating to attendance, progress andperformance; .
(7) the institution is majntained and operated in compliance with all pertinent.
ordinances and laws relating to the safety and health of persons upon the premises of theinstitution;
(8) the institution is financially scitind and capable of fulfilling its commitments tostudents; .; `.vio
neitherthe institution nor its agents engage in advertising, sales, collection, creditorother practices which are false, deceptive, misiuding, or unfair;
(10) the chief executive officer, trustees. directors, owners, administrators supervisors,dstaff, and.instructorS of the institution 'roof good reputation and character and-have not been'convicted of a vioietion of secs. 20 or 150 of this chapter' or AS 45.50.471 45.50.551 or acomparable taw in another state or prollinCer
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(11) the student housing owned, maintained, or approved by the institution 'isappropriate, safe, and adequate; and
.. . . ... (12) the inStIttition has a fair and equitable canallation and refund policy:,
(c)t `Accreditation sly national oriregional accrediting agencies recognized by the commissionmay be accepted by the commission as evidence of compliance with the minimum standardsestablished by this section and thocrileria established under sec. 50(1) of this chapter. Ho'wever, the
..commission may require further. evidence and make further investigation as may be necessary..... Accredilation by a recogniied, specialized accrediting agency may be attracted as evidence of
compliance only as to the portion or program of an institution accredited by the accrediting agency..... if the institution as a whole is not-accredited. . . 1.
Sec. 14.48.070, Authorization to o rate.
(a) Each postsecondary educationa institution desiring to operate in this state shall apply. to the commission, upon forms provided by e commission. The application shall be accompanied
by a catalog or brochure published, or proposed to be published by the institution, containing theinformation specified in Sec. 60(b) (4) of this chapter. The application shall also be accompanied
) by evidence of a surety bond or other deposit as required by Sec. IOD of this chapter, and by the. required fees. (am Sec. 2 ch 50 SLA 1977)
. (b) Following review of the application and after necessary:inYestigation of the applicant thecommission shall either grant or .deny authorizatidn to operate to the applicant. A grarittif-authorilation to operate may boon those terrifs and conditions the commission may prescribe.
,(c) The authorization to operate shall be in a form approved by the commission and shall
include .-
' (1) the date of issuance, effective date, and term of approval; 4.--46.,
(2) the name and address of the institution;
(.3) the authority for approval;
(4) any condition or limitatio6 of the aitthorization: as considered necessary by thecommission.
(d) The term for which an initial authorization is given may..n_et exceed two years, and maybe issued for a lesser period of time. A subsequent authorizat is ir be issued for a period up tofive years,
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.,(e) The authorization, to operate shall be issued to'the owner, or governing body, of the'applicant institution, and shall be nontransferable: In the event of a change in ownership ormanagement of the institution, a nos Owner or manager, or governing body. must within 30 daysafter the change in ownership is effective, apply for a new authorization to operate, and if the newapplication is not4nade the authorization to operate shall terminate. Application for anew autnorization to operate biiiiason of change in ownership of the institution is considered anapplication for renewal under (f) of this section. . .'
(f) At least 60 days before the expiration of an authorization to operate, the institution shallcomplete and file with the Commission an application form for renewal of its authorization tooperate. The renewal application shall be reviewed and acted upon as provided for an originalapplication. M
(g) An Institution not Yet in operation when its application for authorization to operate isfiled may not begin operation until receipt of autho'ilzation..An institution its operation when KOapplication for authorization to operate is filed may continue operatiori until Its application is actedupoh by ,the commission. This, commission may issue provisional authorization to operate,containing limitations. as to timeoprocedures, functions,. or other conditions as the commission.considers necessary.
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Sec. 14.48.080. Ageris perml* 4e,
re
(a) A person desiring to solicit or perform the services of an agent, in this state. shall applyto the commission ,upon forms provided by the commission. The application shall be accompaniedby evidence of the good reputation and character of the applicant and shall state the institutionwhich the applicant intends to represent. An agent representing more than one institution must.obtain a separate agent's permit for each institution represented. However, when an agent repre-sents institutions having a common ownership, only ocia.agent's permit i( required. If an institutionwhich the applicant intends to represent does not have authorization to openly' in thit State, theapplication shall be accompanied by the information required of institutions making applicationfor authorization. The .appitcation for an agent's permit shall also be accompanied by evidence ofa surety bond or other deposit 5s required by Sec. 1'00 of this chapter, and by payment of therequired, fees. (am, Sec. 3 ch 50'StA 1477)
(b) An applicant fa gent's permit shall a an individual of good reputation and characterand shall represent only a ostsecondary education,a1 institution or institutions which meet theminimum standards established in this section and the criteria established under sec. 50(1) of thischapter.
(c) Following review of the application and any further information submitted by theapplicant, and investigation of the applicant as the commission considers necessary, the commissionshall either grant or deny an agent's permit to the applicant.
(d) The agent's Pennirshall be in a form approved by the commission and shall include
(1) _ the dateof issuance, effective date, and term;
(2) the correct name and address of the agent:
(3) the ykstituliL or institutions which the agents authorized to represent.
(e) The term for which an ageterperrnit h issuedlnay not extend for more than two years.and ray be Ismail fora lesser period f time. vs*.
(f). At least 60 days before the expiration of an agent's permit, the agent shall complete andfile with the commission an application form for renewal. The renewal application shall be reviewedand rided upqn as provided for an original application:
Sec. 14.48.0.80. Pees. 12.
JO The following fees shall accompany an application for an aulthorization to operate or anapplication for an agent's permit and shall be collected by the commission:
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is
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V
.--4(1) authorization to operate . .-.1t , $ 100
(2) renewal for authorization to operate S 100
(4) an agent's perrifft $ 50
' (4) renewal for an agent's permit ,, . $ 50
(b) Fees collected unclet.this chapter shall be deposited in the general fund.
' Sea. 148.1001 Bonds. ,
(a). At the limo' application is `niede-JOr- authorization to operate, or for renewal of anauthorization to operate the.cornOrkistibn may. require the postsecondary educational institution tofile a surety bond in the amolrEdetermined.by the commission. The amount Shall be determinedby the number of Stridentsthithistitistion seeks to enroll. Thikamount of the surety bond shall bete-exeetteed Dy the coappissien upon each tense* of, the authorization te' operate to determine if alarger or fmaller bond, would be appropriate to ensure adequate protection for the students *orenrollees, or ,theit pfreritt or guirdians, or classes thereof. The bond shall be executed by theapplicant at (Mill ,ffilind by ; surety company qualified and authorized to do bitsiness in this stateand shall bt.cdottitlentd* to provide indemrlification to any, student or enrollee, or his parent or
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guardian, or class thereof, determined: to have suffered loss or damage as a result of an act orpractice which is a violation of this,ckapter by the postsecondary educational institution and that,the bonding company shall pay a final nonappgalabte order of the commission or judgment of acourt of this state having jurisdiction, upon tecelpi of written Otification of the order or judgment.The aggregate liability of the surety for the bond of the institution or agent involved in the order orjudgment may not, iany event, exceed the amount of the bond. . .
(b) An application for an agent's permit shall be accompanied by a surety bond in theamount determined by the commission to be necessary for the protection of the students or en-toffees, or their parents or guardians, or classes of these, br to reflect an institution's volume ofbusiness in the state. The bond shall be executed by the applicant as principal and by a suretycompany qualified and authorized to do business in this state. The bond shall be conditioned toprovide indemnification to any student, enrollee, or his or her parents or guardian, or class ofthese, determined to have suffered loss or damage as a result of an act or practice which is a viola-tion of this chapter by the agent. (am Sec. 4 Ch 50 SI_A 1977)
(c) The surety bond to be filed under this section shall cover the period of the authorizationto operate or the agent's permit, as appropriate, except when a surety is released as provided in thissubsection. A surety on a bond, filed under this section may be released from that bond after thesurety serves written notice of the release to the commission and to the bonded agent or institution45 days before the release. However, the release does not discharge or otherwise affect a claim filedby a student or enrollee, or his parent or guardian, or class thereof, before or after the release forloss or damage resulting from an act or practice which is a violation of this Chapter alleged to haveoccurred while the bond was in effect or for an institution's ceasing operations during the term forwhich tuition hasten paid while the bond.was in force.
.s066.
(d) Authorization fog an institution to operate and an agent's permit shall be suspended byoperation of law when the institution or agent is no longer covered by a surety bond as required bythis section. However, the commission shall give the institution or meat or both, at least 30 dayswritten notice before the release of the surety, to the effect thit the authorization or permit sheik...,be suspended by operation of law until another surety bond is filed in the same manner as, and in a'like amount to, the bond being terminated.
.(e), In lieu of the surety bond,required in (a) and (b),:of this "section, the applicant may
file with the commission a cash deposit or other negotiable security, acceptatnthe commission,in the amount specified for bonds. lain Sec. 5 ch 50 SLA 1977) .
. .IF .
Silk.. 14.48.110. Denial, .. . .0 . - ...
lithe commission, upon review of an application fog authorization to operate, or anapplicatiop 1,or an agent's permit determines that the application should be denied, the commissionshall notify the applicant, setting out the reasons in writing. The Administrative Procedure Act (AS44:62) governs the review of a denial under this Section.
Res 14.48.120. Revocation.
An authorization to operate or an agent's permit May be revoked or conditi9i.d if thecommission has reasonable cause to believe that the holder of the esthorization or permit isviolating or has violated this chapter or AS 45.50.471 or regulations promOlgated under this chapteror AS 45.50.491. The Administrative Procedure Act (AS 44.62) governs the procedure for arevocation, review of a revocation, or other action under this section,
Sec.14.48.130. Complaints.
(a) A paporclakning damage or loss as a result of an act or practice by a post-secondaryeducational institution or its agent, or both, which is a violatiortof this chapter or of the regulationpromulgated under this chapter may file with the commission a complaint against the institution oragainst its agent or both. The complaint shall set out the alleged violation and shall contain otherinformation as may be required by the .commission. A complaint may also be, filed by thecommission on its own motion or the attorney general. A complainant may file with thecommission as a representative of a class of complainants. .
(b) The commission shall investigate: the complaint and may ,atthhijit to effect a settlementby persuasion and conciliation. The commission may ,consider a complaint after 30 days writtennotice by registered mail to the institution or agent, of both, giving notice of a time and place for
. hearing on the complaint. The hearing shall be coriaucted in accordance with the administfativeProcedure-Act (AS4442).
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(c) If, upon the evidence at a hearing, the commission find;; that a postsecondary educational-institution or its agent, or both, has engaged In or is engaging in, an act or practice which violatesthis chapter or the regulations promulgated under this chapter the commission shall serve upon the
. institution or agent or both, an order requiring the institution or agent or both to coat, and desistfrom the act or practice. If the commission finds that tie complainant, or class of complainants. hassuffered loss or damage as a result of the act or practice, the commission may also award thecomplainant, or class of complainants, full or partial restitution for the damage or loss and mayimpose the penalties provided for in sec. 180 of this chapter. The commission may also, bated on itsown investigation and the evidence adduced at the hearing, begin an action to revoke aninstitution's authorization to operate or an agent's permit
Sec. 14.48.140. Judicial review.
A final administrative order issued by the commission is subject to judicial review under the. Administrative Procedure Act (AS 44.62. 560 44.62.570).
Sec. 14.48.160 Preservation of records..0"
(a) if a postsecondary educational institution proposes to discontinue its operation. the chiefadministrativb officer. of the institution shalt file with the commission the original or legible true
;,;,..- copies of academic records of the institution as specified by commission. The records shallinclude that acacia:1'4c information customarily by colt when considering studenti fortransfer or advanced study and the academic recti bf each forme tudekt
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(b) If it appears to the commission thillgrecords.of an institeitiopAissiontinuing its operationsare-in danger of being destroyed or otherwrirmaile unavailable to flit- commission. the commissionmay seize the records, under an order of tn4perior court The commission shall maintain apermanent file of records con-tint into its SWIM under this section., .
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Sec. 14A8.160. Enforceability of notes and contracts.
(i) If a person 'to whom educational services are to be furnished by a postsecondaryeducational institution is a resident of this state at the time a contract relating to Payment for theservices, or a note, instrument; or other evidence of indebtedness relating to the services, is enteredinto, the provisions of this fection govern the rig)* of the parties to the contract or evidence ofindebtedness. The following `19,44mollts or provisions of an agreement entered' into in connectionwith the contract or the giving of evidence of indebtedness are invalid:
(1) that the law of another stateshall apply; 4
(2) that the maker or person liable on the contract or evidence of indebtedness consentsto the jurisdiction of another state;
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(3) that another person is authorized to confess judgment on tie contract or evidence of.itiridebtreness; .
(4) thet venue is fbled in a particular place.
(b) No.note, instrument or other evidence of indebtedness, or contract relating to paymentfor education or educational serviceris enforceable in the courts of this state by (1) a postsecondary
ducational institution operating.in this state unless the institution has authorization to operate- under this chapter, of (2) a postsecondary educational institution having an agent in this state unlets
the agent had an:agent's permit issued under this chapter authorizing the enrolling*Of of the seeking' to enroll a person, for educational services..
(c) A lending agency extending credit or loaning money to a person for tuition, fees, or othercharges of a ,postsecondary eduCational institution for educational jr other services' or faculties tobe rendered by the Institution,, shall conspicirouslrynItilt s'Itunentlorin". on the face of a note,instrument, or other evidence of indebtedness taken in connection with the loan .or 'extension of
s credit if the (ending agency fads to do Sb,,it is liable fur- 104' or damagesuffered by a subsequent*Igoe°, transferee, or notelet it the evidence 4t. indebtedness because of *the, absence of the
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notation. Notwithstanding the presence or absence of the notation, and notwithstanding anagreement to the contrary, the holding agency making the loan or extending the credit, and atransferee, assignee, or holder of the evidence of indebtedness is subject to all defenses and claimswhich could be.asserted against the postsecondary educational institution which was to render theservices or facilities, by,any party to the evidence of indebtildness or by the person to whom theservices.or facilities were to be rendered, up to the amount remaining to be paid. For purposes ofthis section, "lendiniagency" means postsecondary educational institution. or a person controlling,controlled by. or heild in. common ownership with, a postsecondary educational institution, orregularly loaning money to, or to students of. a postsecondary educational institution.
Sec. 14.48.170. Jurisdiction.
A postsecondary educational institution that is not exempt from the provisions of this chapter,whether or not a resident of, or having a place of business in, this state, which instructs or educates,or offers to instruct or educate, enrolls or offers to enroll, contracts or offers to contract. to provideinstructional or educational services in this state, whether the instruction or services are provided inperson or by correspondence, to a resident of this state, or which offers to award or awardseducational credentials to a person in or resident of this slate, submits the institution, and, if anatural person his personal representative, to/the jurisdiction of the courts of this state concerning acause of action arising from these activities and for the purpffie of enforcement of this chapter byinjunction under sec. 180 of this chapter.
Seo.14.48.180. Enforcement: Injunction.
(a) The attorney general at the request of the commission or on his own motion may bringan action or proceeding In a court of competent jurisdiction for the enforcement of the provisionsof Vas chapter.
(b) When it appears to the commission that a person is, is about to, or has violated aprovision of this chapter or a regulation promulgated under this chapter, the commission may,,onits own motion or on the written complaint of any person, file a petition for injunction in the nameof the commission in a court of competent jurisdiction against the person for the purpoke ofenjoining the violation or for an order directing comprianceswith the provisions of this chapter. It isnot necessary that the commission allege or prove that it has TM adequate remedy at law. The rightof injunction provided in this section is in addition to other legal remedies available to thecommission and Is in addition to the right of criminal prosecution. However, the commission maynot obtain a temporary restraining ordet, without notice to the person affected.
-Sec. 14.48.190. Violations: Civil penalty.
A person who violates the provisions of sec. 20 of this chapter, or who fails or refuses todeposit with the commissioner the records required by sec. 150 of this chapter is subject to a civilpenally of not more than $1,000 for each violation. Each day's failure to .comply with theproviiions of sea. 20 and 150 Of this chapter constitutes a separate violation. The fine may beimposed by the commission in an administrative proceeding or by a court of competent jurisdiction.
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lee. 14.48,200. Criminal violation. I .
A person who willfully violates the'provisions of sec. 20 of this chapter or who willfully failsor, refuses to deposit with the commission the records required by sec. 1,50 of this chapter ii guiltyof a misdemeanor and, upon conviction, is punishable by a fine ef not more than $1,000 or byimprisonment for not more than six !months, er by botls. Eackslay's failure to comply, is a separate
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violation. . Q.I , .i oN.- 1
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sec. 14.48.210. Definitions. In this chapter
(1) "agent" means a person owning an interest In, employed by, or representing forremuneration, a postsecondary educational. Institution in or outside the state who, bysolicitation made in the state, enrolls or seeks to enroll a resident of the state for educationoffered by the institution, or of to award educational credentials, for remuneration, onbehalf of the institution, or who holds hiniself out to residents of the state as representing apoebecondary education* institution tor any purpose;
(2) "agent's permit" means a nontransferable written authorization issued to a naturalParsee by the commission which allows that person to solicit or enroll a resident of the statefor education Ma postsecondary educational institution.
(3) "authorization to operate" means apftroval or the commission to operate or tocontract to operate a posbecondary educational institution in the state;
(4) "commission" means the Alaska Commission on Postsecondary Education;
(5) "education" or "educational program or services" or like term includes any class,course, or program of training, instruction, or study;
(6) "educational credentials" means degrees, diplomas. certificates, transcripts, reports,documents, or letters of designation, marks, appellations, series of letters. numbers, or wordswhich signify, purport or are generally taken to signify enrollment, attendance, progress, orsatisfactory completion of the requirements or prerequisites for education at a postsecondaryeducational institution;
, (7) "owner" means
(A) a person having at least a 10 per cent interest in the stock of a postsecondaryeducational institution that is a corporation;
.
(3) a partner of a postsecondary educational institution that is partnership; or
(C) 'a person having a direct finqncial interest in, or,tille to, at least 10 per cent ofthe assets of a postsecondary educational institution which is neither a partnership nor acorporation; however,
(D) "owner" does not include a financial institution holding a mortgige on some orall of the real property or a security interest in some or all of the personal property of apostsecondary educational institutions
(8) "postsecondary.educational institution'rincludes an academic, vocational, technical.home= study, business, professional, orrother school, college, or,- university. or otherOrfIlnIzalinh or person, offering educational credentials, or offering instruction or educationalservices primarily to persons who have completed or terminated their secondary education orwho are beyohd the age of compulsory high school attendance for attainment of educational,professional, or vocational objectives;..
(9) "to grant' InCludes awarding, selling, confsriing, orrgiving;
(10)'"to offer" includes in addition to its usual meanings, aditertising, publicizing,soliciting, or encduragirig persons directly or in direttly to perform the act destribed;
(11) "to operates postsecondary institution" means to establish, or maintain a facility orlocation in the state where *dilation is offered or given,,or educational credentials are offeredor granted, and inctudee. Contracting with any person, group, oor entity to operate an,educatiOnal institution ,
(Sec.' cis 25 su1979....
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Chapter 50.
Section20. Acceptance!of federal funds20. Definition-of public schools for
purposes of Statehood Act ,
30. Declatation of intent40. Expenditureof state and federal
.funds for teachers' salaries-50. Expenditure of state and federal
money for school construction
Federal Aid.
Section60. Apportionment of-federal aid
granted without limitationsas to nse
70. Use of line item appropriationsfor matching purposes
80. Consent to reasonable conditions
129
Sec. 14.50.010. cceptance of federal funds. The legislature assents tofederal, aid under Fob& Law 85-864, 72 Stat. 1580,85th Congress on behalf of the.'state. The commissioner of education may do all things necessary to cooperatewith the United States government to participate under the Act and any Actamending or supplementing itosubject to prior C011et=e1101 of the governor. (Sec.1ch27SLA1959)
-
Sec. 14.50.020. Definition of public schools for purposes of Statehood Act.Public schools, for the purpose of Public Law 85-508, 85th 0:ingress, Second Ses-sion, includes public elemicitools, public high schools, the University ofAlaska and other public educational institutions which may be established. Nothingin this _section includes schools for Alaska aborigines under the control of the -
federal government and which are administered and supervised through the Depart-ment of the,Intazior 'or the United States Department of Health, Education, andWelfare. (Sec, 1 ch 88 SLA 1959)
Sec. 14.50.030. Declaration of intent. If the United States Congress enactslegislation making federal money available to the states for teachers' salaries,school construction and other educational purposes it is the desire of the legisla-ture that the governdor the state Board of Education as the federal law mayrequire have sufficient_fiedbility in the use of money apprefriated to the Depart-ment of Education to meei.all reasonable federal requirements for obtaining thefull amount of federal money which may be obtained by the state under such afederal aid program. .ISec.1 ch 78 SLA 1961)
Sec. 14.50.040. Expenditure of state and federal futile for teachers' salaries.If the United States Congress enacts legislation, when the state legnidature is notin session, making money available to the state for teachers' salaries, the govor the board as the federal lei may require may accept and use-Part mall al efederal money made available to time state to increase *teachers' salaries accordingto a znininuun salary schedule tO be arrived at by. the board. The governor or the ,
board-as federal law may require may use money apappriated by the legislaturefor teachers' salaries for matching purposes and nw expend federal money so ob-tained for increased teachers' salaries in addition to state ruoney alryady appro-priated for that purpose. Any modified state minimum salary schedule arrived atas a result of receiving federal meney relay-input into effect by executive ordersigned by the governor or by order of the bOird, whichever appears to be the mostnearly proper under federal law. This minimum salary schedule sluxll remain validunder the order until It ie altered or approved 170%111 by the legislature. The term"teacher" fok the purposes Of sec. 30n780 Of this chapter includes teachers; schoolsuperintendents and other,public school employees covered by the state minimumsalary schedule-who would be cialified to receive federal money through the state:.(Sea. 2 ch 78 SLA 1961)
Secz14.50.050. ExPenditUre of state and federal Money for' construction. lithe United State -Congress enacts into.law legislation-mating nayavailable to the state for school construction whale the legislature is not in session,the governor or the board with. fedeial law may require may accept and-use thefederal money and Apply 3t to the east of constructing and improving school buildings
243
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and facilities to the 'extent that construction and improvenient.is authorized bythe, legislature when federal money becomes available. If a conditite.to.receivingfederal money for schoorponstruction is that the state increase its expeplituresfor that.putpose over expenditures authorized by the legislatureat the time fed-eral =buoy. besorcis available, the governor or the board as the federallaw mayreqiure.may use money appropriated by the legislature for school construction formatching purposes and may make further federal money available for School cori-struetion in addition to state money already appropriated for that purpose. Tothe extent practicable expenditure of state and federal money shall be limited, toprojects already programmed by the department and authorized by.the legislatureat the time federal money becomes available. (Sec. 3 ch 78 SLA 1961)
sec. 14.50.060. Apportioranent of federal aid granted without limitation asto use. If federal money is made available to the state without limitation orrestriction as to the educational purposes for3thich it may be spent or if she
"Iederld money is made avislabfe to the state for alternative educational purposes,including4myntent of teachers' salaries, the governor or the board as the federallaw may tuire may use a percentage of the money, not to exceed 50 per cent, forincreasing teachers' salaries in conformity with a minimum state salary scheduleto be adopted by the board. The governor or the board as the federal law may re-quire may use the remainder of the money to supplement existing educationalprograms. (Sec. 4 ch 78 SLA 1961)
Sec. 14.50.070. Use of line item appropriations for matching purposes. Thegovernor or the board as the fete* law may require may direct the use of anystate money appropriated in any line item for the department to match federalmoney appropriated in any line item for the department to match federal moneywhich will be made available to the state for subetantially the same purpose orprogram as the money appropriated by the line itm at whatever matching ratio isestablished for the federal money. (Sec. 5 ch 78 SLA 1961)
Sec. 14.50.080.. Consent tol:easonableboard as the federal law may require may acmay be required by the federal govezninentmoney for edecarional purposes. (Sec. 6 ch
144A. M.
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tiOag. The governor or thet all reasonable conditions which
a condition to receiving federal8 ST44 1961)
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Chapter 52. Food Service and Nutrition Education.
Section
10. Findings .
20. Policy; legislative intent30. Food service program for
children establiShed.40. Federal aid; state matching'50. NutFitional and other
program requiisments60. Direct food assistance
Apportionments and payments(80. Use of funds90. Nonfood assistanct100. Nutrition education
. ". Section '.
110. State plans of. operation120. State, local administrative, su-
pervision expenses, costs130. Assistance to nonprofit private
schools140. 041oteperations --
150.. Accblunts, records 4nd reports160. Evaluation -
170. AdVisory commission180. Definitions'190. Stint title
.ft
Sec. 16.52.010; Findings. (a) .The legidliture finds and declaresthat
(1) the proper nutrition of *the'state's children is a matter ofhighest priority; ' _
(2) the is. a demOnstrated,relatioiship.between the intake offood and good nutrition and the capacity of children to develop and leari;
(3) the teaChiig of the principlis of good nutrition in schoolshas been seriously inadequate, as elrld'enced by the existence of poor orless than adequate diets at all levels of family:income;
(4) any procgdunp or "means test" to determine the eligibilityof a child for a free or reduced Arica-seal is often'degrading and injuriousboth trthe child and his parents;'
(5) the national. 'school unch and related child,nutrition pro-grams, while makting significant co'nt ibutione in the field of applied
nutrition research, are not, as mg ntly constituted, capable.of achievingthe goal of good nutrition for all ildren.
(b) The assurance of proper n trition for our children is a publicconcern. Thb legislature urges that, when possible, assistance be providedfrom all available state and local s ces to children in nonprofit privateschools and.in nonpublic, nonprofit s rvice institutions, as well as tochildren in the-state's public schod , so that theyeay receive the"fullbenefirs_of the piograms authorized der this chapter. .Neverrbeless, in
situations Where this assistance is n t forthcoming in adequate amounts N
the schools and institutions nay req re of parents a registration fee tohelp finance the operation of food se ce'programs. (Sec. 1 ch 187 SLA 1972)
Sec. 14:52.020. Polie le isl tine intent. (a) ../t is the policy
of the state to assure quate nutri ion offe ings for the state's children:,to encourage the teaching of the ;win Lyles of good nutrition as an integral
part of the totel'educarional process and to strengthen state and localadministration of food service progr for children. it is also the policyof the state that food service programs conducted under this chapter beavailable to all children on the same basis without singling out or identi-fying certain children as different from their classmates. 4
s)(b) It is the intent of the le
service and nutrition edu2tipon progror of the state-operated ols are aof, this legislation are guidelines; th
.joie ivd and not mandatorir.
(
alature that insofar as the foods of city or borough school districts,fected by this chapter, the directivespolicies of this chapter are per
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(c) It is the intent of the legislature in enacting thischanter toimplement the federal Child Nutrition Act of 1971 and authorise the state'sparticipation in this program: (Sec,1 ch 187 MA 1972)
Sec. 14.52.030. Food service prearam for children estahlished. '.(a)The commissioner shall formulate and administer cooperatively with aipro-priate federal, state and local agencies a universal food service andnutrition education program for children in the schools-of the state and inservice institutions conducting programs for thebenefit of all children.To the fullest extent practicable, the commissioner shall utilize the avail-able services and expeertise of ocher related federal, state and focal depart-.acute and agencies,.echool districts and private organiiations concerned'
with nutrition and nutrition education in the formulation of peo am re -quiremenie and regulations. The program s be designed to n vidteachchild an equal opportunity ro participate -the-same ex 14seiherchildren with no discrimination as to time o place of serving or tvpes andamounts of foods offered.
(b) thi recommendation of the Advisory corn i on established under . 170 of thischapter, the commissioner shall promulgate hgulations carry out the purposaro is chapter:-ip--compliance with the Administrative Procedure Act (AS 44.62) and applicable fader statistes.and.
regulations. (Sec 1 ch 187 SizA 1972). e
Sec. 14.52.040. Federal aid; state matching. (41 The legislature'assents to fedefal aid under the Child .Nutrition:Acipt 1971 onbehalf of.the state. The commissionirehall cooperate with the federal governmentand do all things necessary to continue state aligibilitylinder that Act orany Act amending or supplementing it, sub4eot to:7!or- rrence Of "thegovernor. . . . --
.
* _(b) if the United States Congress enactvlegislatifamehisig federal
money available to the states for a universel,fOodearC4eted nutritioneducation program for children under the Child Nutrition Act' f,1971, it isthe desire of the legislature that the groOnynor Withe chifilisionea ofeducation, ae federal law may require, have isigfitieat,ffilutibiliWin the -
use of money appropriated to the Department of'Edapraph:to meet all reason- .
able federal requirements for obtaining the full t of fedetil moneywhich may be obtained by the state under this fed raald program. To theextent applicable, the provisions of AS 14.50,a incorporated-bileferencein this chapter. of
.
.. 4.
(c) For the first and second fiscal years olloperettn, Under this .
chapter, expenditurea from funds appropriated to the depaitmepttudder this 10
chapter, other than for the purchase or,acquitilion of laila or for4the costof construction or alteration of buildings, shall consce te at least
kft'10 per cent of total operating cbsts of the program. Fo the,third,fiacel 4'year, the state; share shall he increased to 12 per cent o phiatilig costsand shall be increased by two per cent every second year thireeitertoreedit a maximum of 20 per cent. For each fiscal year o operations under *this Chapter, it,,iie desirable expenditures by schools, . i diNtricts andservice institutions, other than for the purchase or atquis ithof.land orfor the cost of construction or alteration of bufidlias:clverilidte at leastfive per cent of total operating costs of the program. . :, ;
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(14) The commissioner may make *agreements with the mkriqpriate ,
federal departmentsO ageocies to enable participetiOn in the programs.authorised by the Child Nutrition Act of 1971. The wi6iisatpti4r/shall 1
incorporate, in his agreements, with the fedetal governmeitwthe exile:iszAuirements under this Chapter insofar as they may be appligable ancithoseprovisions as in his opiaica Are reasonably necessary oreffectuate the *Toles of thirehapter. (Sec. 1 ch 1874 1972)
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Sec. 14;52.050. Nutritional and ocher program recruit:u (a) II
is desirable that meals mid suPplethental food services pro d by schools . .
and service institutions participating in programs underAtias chapter-meet . .
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minimum.outtitional requirements prescribed by the commissioner oh the basisof tested nutritional research and on recommendation of the advisorycommission.
(b) Food service programs operated under this chapter and applicablefederal legislwtion should be operbted on a nonprofit basis under the super-vision Of the governing bodiss,of.participaiing schools or service insti-
stutions. Participating schools and service institutions should offer atleast one meal a day without charge to all children in attendance. The mealshall consist of a combination of foods meeting a minimum of one third ofthe child's daily nutritional requirements. Additional meals or supplementalfood services before, during or after the school day may be offered to allchildren, in attendance based on economic or nutritional needs.
, (c) No affidavit nor certification is required of any parent or guard-ian in order that a. child take.-part in the food service program operated bythe'sahool or service institution.
(d) The sale of extra foodand beverage items offered on a regularbasis during the regular school day should be restricted to those itemsrecognized as making a contribution to, or permitted by the school to beserved as a part of, a meal meeting the nutritional requirements prescribed'hy.the commissioner, and income from the sale-of these items shall he de-posited to the account oil the nonprofit food service program and the incomeshall be used only for program purposes.
(e) The depart8n#t.spall determine the eligibility of applicant schoolsand service institutioos:to participate in programs authorized under thischapter and applicbble federal legislation, shall determine their need forassistance to catty ouk,the purposes of'chis chapter and shall establishcontrols to insure effective use of funds. (Sec. 1 ch 187 SLA 1972)
Sea. 14.52.660: Direct food assistance. A stool or serviceinstituttion participaties:Ii ptogrims authorized under this ihipter should, insofar,as practicable, utilize ib its program foods donated by the United StatesDepartment of Agricultuzeunder applicable federalV.8w. (Sic. l'ch 187. SLA,
1972) '
,
Sec. 14.52070,1 ntrtionments sad payments. (ea. The apportionment -
to each participatitkaChill. School district and servide institution shallbe made on thebii4190ttetfaitOra established by federal law, asvented by regulati000 llikOmulgetedby the commissioner under sego -50(b) ofthicchaptet.
4t 1,
alt,
(b) The combisSiOne* shall certify kb the commissioner, of adminisirationfrom time to timarhb amounts to be paid to any school, school district orservice institution under the provisions pf this chapter and ,rite time ortimes these amounts ere...to be paid and the commissioner of adminiapationshall pay to the schools. school districts orservice liptitutions at the .
time OrAimes ixed by the cOmmissioner the amounts certified. (Sec.
ch 187 SLA 1972) -
.
Sac. 1442'.080. Vse of funds. (a) Funds paid to the state by thefederal government got any fiscal yar shall be disbursed to schools., schooldistricts and serviCe.inetitctions to assist them in financing the operating
_ costs. of their fOodservice prOgram including the costs Of obtaining, ore-
-'% paring andseriing food...- 1. -4-
(b) .Thesedisblirsements.s 11 be by the department apiaristmonthly'and may besede,80 earlier t n 10 days before the beginning .ofeach month of-uparikiiine. Poriodjg adjustments in the amounts 8T funds
disbursed shill fib fade to confer:ft with the provisions:of.fe4Stal law.
(Sac: 1 ch 187:84,102)
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Sec.A4:52.090. Nonfood assistance. (a) On recommendation of theadvisory commies* theCommissioner shall formulate and carry out A programto supply schools, school districts and service institutions with equipment,other than land or buildings, for the storage, preparation an8 tramportatim,and serving of foodto enable these schools to establish or expand foodservice programs for children.
(b) For.the.firet five years of operation under this chapter the com-missioner shall apportion 50 'r cent of funds appropriated for the purposesof this sectionMong the schools, school districts and service institutions,without a foed-seivice. (Sec. 1 ch 187 SLA 1972)
Sec..14.52.100. 114tritibn education. (a) The commissioner, in coop-eration with the Ogfice of Education of the United States Departient ofilealth;ftducettml and Welfare, and on recommendation'of the advisory commis-sion, is authorized to formulate the basic elements of a nutrition educationprogram for children to be extended on a voluntary basis through the depatt -went,to school', school districti and service.institntione-partiCiparing,in--proems authorized' under this chapter. The program shell include, withoutlimitation, the preparation of course outlines, based on the advice of ex-perts in the field of child nutrition, classroom teaching aids, visualmaterials, the training of school food service personnel, and the 'trainingof tem..7hers to conduct courses in child nutrition.
(b) For the first fiscal year of operations under this chapter, grants,other than grants made under sec. 70 of this. chapter, for the conduct ofnutrition education programs for children shall be based on aate of 50cents for each child enrolled in schools or service institutions within thestate and, for each fiscal year theresiftar-grants will be based ona rateof $1 for each child s6 enrolled. Enrollment data used will be the latestavailable as certified by the department to the Office of Education of theUnited States Department of Health, Education and Welfare. -(Sec. 1 ch 187SL4 1972)
Sec. 14.52.110. State plans of operation. The commissioner shallt to the secretary state plans of operation under the federal Child
Nutrition Act of 1971 at least three'montha before the first fiscal yearof operations under this chapter. These plans shall. include, withoutlimitation, the following:
........_.(1) proposed state end local .funding;,.
.
(2) plans to extend fopd service,to:sil eligible schoolsr- -**. -
. -. (3)1Iplans for a nutrition education progiamtebe conducted inscbools.aid service institutions; - .
. <1
(4) the types tad kinds of fooesetvice to be. offered to childrenattending participating schools and ;service institutions, and procedures and
Methods to be employed to assure 'high chiality, nutritious and appetinfrigmeals for participating children:
4
- -,ndh, for a ervisioa and audit of program operations; the. . p4 Woherstio Te-- pproved by the commissioner before disbursement
of diei-Orpiati4ating 4 Moles, chool districts and service institutions;i .,.
. (6) plans for c duct ng training'proalme_for school fdod service
PCs -
(7) plans for-cond4ting experimental or demonstrAtion proiects.
(Sec. 1 1187 SLA 1972) ;. .
8 c. 14.52.120. States local administrative. supervision expenses,
costs. (a) 'The commissioner.msy utilise federdl funds granted under the
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Child Nutritiet Apt of 1971 (or use for its administrative expenses insupervising and-tiving technical assistance to the schools, school districtsor service institutions in tfinir conduct of programs under this chapter.
These funds ihall be utillevflatth.in amounts and to the extent determinednecessary by the commissioner to assist these schools, school districts orservice institutions in the administration of additional activities under-taktn by them under this chapter. Any employee paid in whole or in part"with federal funds provided under the Child Nutrition Act of 1971 shallibeincluded. under either a merit, civil service, or tenure system coveringell1Ploye;s of the department or school district.
(b) The commissioner may accept and disburse out of the federal grantsfor the purposes of this chapter funds to assist in the supetvision of localprogram operations. The grant to each school, school district or serviceinstitution is to be determined on the basis of federal taw andregulationspromulgated under it. "(Sec, 1 ch 187 SLA 1972)
Sec. 14.52.130. Assistance to no alliate schools. (a) Federalassistance for food service to nonprofit private schools shall be providedby the department either in the form of direct payments or by payments madethrough the school district in which the nonprofit private school is geo-graphically lotated.
(b) If the departmentis precluded by law from making direct or in-direct payments to these schools, the commissioner shall withhold funds fromthe 'apportionments to the schools or districts for the purpose of makingdirect payments to these schools. Withholding of these funds shall bt.basedon tha rate of federal assistance per child per year for the schools Brdistricts es determined by federal law or regulation and the number ofchildren attending nonprofit private schools in the state. (Sec. 1 ch 187SLA 1972),
Sec. 14.52.140. Pilot operations. In cooperation with the UnitedStates Department of Agriculture during the first full fiscal year followingthe passage of the federal 'Child Nutrition Act of 1971 and this chapter, thecommissioner shall begin pilot operations in schools, school districti orservice institutions be selects on recommendation of the advisory commission,utilizing available federal, state and local funds to test and develop themost effective techniques and procedures for effectuating the provisions ofthis chaptem and for -the purpose of developing appropriate estimates ofparticipation and costs. (Sec. 1 ch187 SLAst972)
Sec. 14:52450. Accounta,_records and reports. (a) The department,schools, school districts, and service institutions participating in programsunder this chapter and the federal Child Nutrition Act of 1971 shall keepwhatever accounts and records may be necessary to enable the secretary andthe commissitatr to .determine whether there has been compliance under federallaw, this chapter and the regulations promulgated under'them4 The accountsand records shall at all times be available for inspection and.mudit byrepresentatives of the secretary and the department and shall be preaerveifor three years.
-
(b) The department shall provide periodic reports on expenditures offederal Nadia, program participation, prpgram costs, and other requireddata On7Ibi"form the secreterypiescribea. (Pec.,1 ch 181 SLA 1972)
Sec. 14.52.160. Evaluation, The commissioner ipd the advisory.
commission shall carefully and systematically evaluate the programs con-ducted und6''this chapter, airectly or by contracting for independentevaluations, with a view to measuring specific benefits, as far as practi-cable; and providing information needed to assess the effectiveness ofprogram procedures, policies and methods of operation. (Sec. 1,ch 187
SLA1972)
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See. 14.52.170. Advisory commission. (a) There is in the department an advisorycommission to be known as the Advisory Commission on Child Nutrition which shall be composedof not less than 13 members appointed by the commissioner. Membership shall include a schooladministratqr, a person engaged in child welfare, a person engaged in volcational education, anutrition expert, school food service management experts (one each from a rural and urban school),a school governing bdard member, one representative each from the division of agriculture of theDepartment of Natural Resources and from the Department of Health and Social Services speciallyqualified to serve on the commission because of their education, training, experience artd
embersla matters relating to child nutrition, and the remaining members from active1filmbers ofparent-teacher prganizations or parents who have children attending schools or service institutionsparticipating in programs under this chapter. Women and minority group representatives shall beincluded among the membership..
(b) Members. appointed outside the Departments of Education, NaturalRasouices and Health and-Social Services shall be appointed for staggered,four-year terms determined by lot. Members appointed from the Departmentsof Education, Natural. Resources and Health and Social Services serve atthe pleasure of the commissioners appointing them.
(c) The commissioner shall designate one of the members to serve aschairela, and one to serve as vice-chairman of the commission.-
(d) The commission shall meet at the call of the chairman but shallmeet at least twice a year.
(e) A majority of the members shall constitute a quorum and a vacancyon the conaiselon'shall not affect its powers.
(f) Ts addition to its other duties set° out in this chapter, thecommission shall make a continuing stpdy.of ,th operation of programscarried ont under this chapter .with a view to determininkhow- the prd*ramsmay be reproved. Annually, the commission ABU submit to the commilsioner,the _governor and the legislature a written report of the results of itsstudy together with the recommendations for administrative and legislativechanges it considers appropriate.
(g) The commissioner shall provide the commission with the technicaland other assistance, including, secretarial and clerical services that maybe required to carry Out its 'functions under this chapter. *
(h) Members of the commission receive no salary but are entitaci tothe same travel_ sad 1)er diem provided for other boards and commiaglood.(Sec. 1 ch 187 S14 1972)
?".
Sec. 14.52.180. Definitions. In this, chapter .
. 1 qt -(1) "adviegx7 commission" means the Advisory Commission on Child
Zstrition established by sec. 170 of this chapter; . , ....-. .
(2) "commissioner" means the commissioner of education;,
(3), "department" means- e Department of Education;.
(4) "nonprofit private hoof" means any private school. xemptfrom income tax under sec. 501(e)(3) of the 'United Statists Internal RevenueCode of .1954, all 'amended; ' t
'Oh; "operating coats" means the cost of food and nutritionser vicsis edminiatration and supervision, labor, supplies, acquisition,storage, preparetion and strvice 'uf food used in,, the food service program,utilities, maintenance, re'pair replacement, of equipment; this termdoes not *abide the cost or value of land or acquisition, constructi,
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ot alteration of_buildings, notdoes ituclude any patt of the general.administrative' and maintenance expenses for the total school progtam;
(6) " secretary" means the Secretary of the United States Depatt -meat of Agricultute;
(7) "service institution" means'ptivate, nonprofit institutionsapt publii institutions which provide day cate or othet child cate services.fot children or htndicapped children;.
(8) "school' ot "school district" means the governing body whichis responsible for the administtation of one ot mote attendance units andwhich has the legal authority to operate a food service program; the term
includes any public or nonprofit private primary,/elemenrary or secondaryschool through grade 12, and kindergarten and preschool programs operatedby these schools;
14 (9) "universal food service and nutrition education program"means a program designed and operated to offer all children in group situ-ations pway.from home at least one meal a day which meets at least one-thirdof the child's daily nutritional requitements; additional meals or supple-`rmental food services may be offered to all children in attendance based oneconomic or nutritional needs; all food service programs conducted, underthis chapter should operate without charge to the child; the children to becovered under this chapter include those attending preschool, kindergeven,primary, elementary end secondary schools througl grade 12 and children inservice institutions as defined iu this chapter; the term also includes abroad program of nutrition education to teach all children basic principlesof good nutrition and the importance of good nutrition to health. (Sec. 1ch 187 SLA 1972)
Sac. 14.52.190. Shott title. This chapter may be cited as the Alaska"
Child Nutrition Act. (Sec. 1 ch 187 SLA 1972) .
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Chapter 56. The State Library and Historical Library.
N
Article1. Library (Sec. 14.56.010- -'Sec. 14.56.080)2. State Publications Library*Distribution Center (Sec. 14.56.090:- ''''
See. 14.56.180) . ,
3. Rural Community Libraries (Sec. 14.50.200-44.56.240)4. Alaska Blue Book (Sec. 14.56.250-44.56.290)
Article 1.
Section10. Department of education
to govern library20. Powers of departftent of
education30.'State library duties
Library.
Section50. Promentofgnmd-in:add
60. Limitation ongrant-in-aid65. Public library construction
ght0lt80. Histor ial library (titles
40. Application for grant-in-aid _
/ .. . .Sec. 14:56.010. Department of education tip govern library. The.
Oepartment of Education shall manage and have elomplete charge of 'ail ofthe property contained in the institutions known as the state library andstate historical library. The state library and state historical libraryshall be maintained is -the state capital. (Sec. 57 ch 98 SLA 1966; amSec. 1 ch 192 SLA 1968)
.
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Sac. 14.56.020.' Power's of department of education. The department
shall
(1) stimulate and encourage citizens' participation in-the,
4e'development and improvement of library facilities; and
(2) establish policies, plans, and procedures of the department,and promulgate reasonable regulations and orders,-with penalties, as maybe required. (Sec. 57 ch 98 SLA 1966)
Sec. 44,56.030. State library duties. The department shall undertakestate library functions which will benefit the,statb and its citizens,
including:: .
(1) coordinate library services of the state wits other edUce-tional services and agencies to increase effectiveness and elimAtateduplication;
IL(2) 'provide reference library service to state and other-public,:
officials;
(3) Provide library services and-administer state and othergrants-in-aid to public _libraries to supplement and improve their services,the grants to be paid from funds appropriated for that pgrpose, or fromother funds available for that purpose;
(4) provide library service directly to areas in which thereis not sufficient population or local revenue tosgpport independentlibrary unitik.
A(5) distribute financial aid to public libraries for extension
of library service to surrounding Areas and, to improve Inadequate locallibrary service under regulations promulgated by the department;
.
(6) offer consultant service on library matters to state andmunicipal libraries, community libraries, school libiaries. and librariesIn unincorporated communities;
(7) serve as a depository for state and federal publicationsoncerping Alaska;
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(8) apply for, receive, and spend* federal, state, or private funds available for librarypurposes, (Sec 57 ch 98 SLA 1966)
(9) to record and distribute the election pamphierprovided for by AS 15.57 to librariesthroughout the state for use by blind voters. (Sec 57 ch 98 SLA 1966; Sec 1 ch 10 SLA1975)
Sec. 14.56.00. Application for grant -in -aid. An association desir-ing to receive the benefits of secs. 20 - -60 of this chapter shall file a,copy of its articles offtincorpOrat ion and bylaws with the department, andshall file ah -annual' report with the department jilting the members of its1 ibrarif board and an accurate record o'f. moneir iberit on the purchase ofbooks and periodicals. A copy of -these records shall be sent to thedepartment at the close of each fiscal year. (Sgc . 57 ch 98 SLA 1966)
. .Sec. 14.56.050. - ment of grant-in-aid. (a) A municipality or an association may apply to
the department for payment cif a granoin-ald authorized by sets. 40 60 of this chapter. At thediscretion of the commissioner, payment of a grant-inaid may be made in accordance withregulations adopted by the department.
10.
(b) A grant under (a) of this section is authorized only. for the purchase of books and ,
periodicals. or other library materials.
(Repealed and re-enacted $ ec I ch 173 SLA 1978)
Sec, .14.56.0130.' Limited& on. grant-in-dd. The state shall provide assistance to ajrunicipality providing public library services or to ani_association incorporated under the laws ofThe state, for the purpose of,nraintaining public libraries, to the extent of paying tithemunicipalityor association $1,000 in one year in accordance with regulations adopted by the department,
(Repealed and re-enacted Sec 2 ch 173 SLA 1978)
Sec. 14.56.065: Public library construct ion grants. (a) The di rectorof the di Vision of state libraries she)) administer a program providing forgrants to-municipal 1 ties in the state r the construction and equipping of111daries. Ube eligible for a grant section a municipalityshall provide not less than 40 per cent of the to al cost of the projectfor whit) funds 'are vented., The department shal administer ,the fundsunder this section and shall adopt regulations necessary to carryout thepurposes of this sect ion.
.
(b) in this section "municipality" means a city -or organized boroughof any class; (Sec. 1 ch 100'-$ LA 1970)
Sec. 14.56.080. Historical library duties. The department shall
(1) collect, catalog, and preserve. an Alaska col lecbi on con-si Ling ofbooks. laws, pamphlets, periodicals, manuscripts, micro-r rtductions;rudio visual materials, etc.;
.
(2) serve as a depository for state and Federal historicalpublications concerning Alaska; ..
(3) acquire, catalog, and. maintain archives relative. to Alaska
Asuch as the. records or' correbporidenOe of any 'publfc-or private institutionor individual which are adjudged worthy of preservation for reference andresearch purposes;
(41 perform other functions necessary to the operation of ahistorical library. 57 ch 98 SLA 1966: am Set 2th 191_SLA 1970) .
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Article 2. State Publications Library Distribution Center.
Section90. State publications-library
distribution centerestablished
100. Duties of center'110: "Regulations
120. Deposit of publications130. Others documents required
. of state agencies
Sec. 14.56.090.- State publications library distribution centerestablished. There is established in the state library a state,publica-Trizru.76, distribution center. ,(Sec, 1 ch 2 SLA 1970)
Section140. List of publications150. Depository library contracts160. Depository library designa-
I tions170. Limited distribution of state
publications180. .Definitions..".,
Sec. 14.56.100. Duties of center. The state publications librarydistribution center shall promote the estaiOishment of an orderly deposi- .
tory library system. (Sec. 1 ch 2 SLA 1970)
Sec. 14.56.110. Regulations. The Department of Education shalladopt regulations necessary to carry out the provisions of secs. 9D 180
of this chapter. Sec. 1 ch 2 SLA 1970)
-Sec. 14.56.120. Deposit of publications. (a) Elicit state agency"
shall deposit, upon release, at least four copies of web of its statepublications with the state library for recordand depoiltory purposes inthe state-publications library distribution center. Additional copies ofeach publicati9n may be requested by the-CentOfor deposit in quantities.necessary to meet -the needs of the depository library system and to pro-vide interlibrary saVite to those libraries not having depository status.
(b) The state library, state publications library distributioncenter, is -also a depository for municipal publications, inehiding surveysandstudies produced by a municipality or for it on contract. Four copiesof each municipal publication shall be deposited with the state libraryfor record and distributory purposes in the state publications librarydistribution center. (Sec. 1 eh 2 SLA 1970)
Sec. 1'4.56.130. Other documents required of state agencies. Uponthe request of the center, a state agency shall furnishthe center with pcomplete list of its current state publications and a copy of its mailing ,
or exchange lists. (Sec. i ch 2 SLA 1970)-
Sec. 14.56.140.. List of publications. Thecenter shill publish anddistribute regularly to contracting depository lbrarieS, and to otherlibraries upon request, a list of available state publications on file.(Sec.- 11 ch SLA 170)1. ---
Sec: 14,56.150. Depository libraritontracts. The center may enter,into depository contracts with municipal, university or community collegelibraries, public library associations, state library agencies and theme,Library of Congress. The requirements for eligibility to contract as adepository library shall* established by the Department of Educationupon the recommendation of theostate librariae and shall include and...stakeinto consideration the type of library, its ability to preservpublica-tions and ;to make them available for public use, and the geographical-.location of the library-for ease of access residents In all areas ofthe state. (Sec. ch 2 SLA 1970)
Sec. 14.56.160. Depository library designatitms Libraries may bedesignated as either "complete:depository" or "selective depository:" Acomplete depository library shall be sent one copy of every states publics-tio4. A selective depository library shill be sent one copy of every
$
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from the specific state agencies itdesignates. (Sec. 1 ch 2
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Sec. 14.56.170. Limited distribution. of state publications. The4 tenter may not engage in general public distribution of either state
publications or lists of publicitlons. (Sec. rch 2 SLA 1970)
Sec. 14.56.180. Definitions. In secs. 90 - 180 of this chapter;unless the context otherwise fequlres
center;(1) "center" means the state publications library distribution
(2) "state a ncy" includes state departments, divisions,agencies, boards, ass ations, commissions, corporations and offices;
(3) "munic and "municipality" includes cities and organizedboroughs of every class;
(4) "state publication" includes any official document, compila-tion, journal, bill, law, resolution, bluebook, statute, code, register,
.pamphlet, list, book, report, study, hearing transcript, leaflet, order,regulation, directory, periodical or magazine issued or contracted for bya state agency,. (Sec. 1 ch 2 SLA 1970)
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Article 3. Rural Cimmunity Libraries.
. -Section200. Giants for constructing
and equipping libraries210. Application for grants
Section220. .Ownership of facility.230. Regulations240. uRnralCOm9enitedefined
. Sec. 14.56.200. Grants for constructing and equipping libraries. Thedivision of state ilb(aries shall administer a program providing for grantsto rural communities for constructing and equipping community libraries
according to the provisions of Sacs. 210 - 240 of this dMspfar._ (Sec. 1
ch 42 MA-1970)
Sec. 14.56.210. Application for grants. (a)- A rural community desir-ing to receive the benefits of the grant's- provided for in isisec. 200 of this
shall apply to the division of state libraries. if the rural com-munity is within a borough with areawide libtary powers, the borough mayapply on behalf bf the community.-
- -
(b) To be el ig p le for a grant under secs. 200 - 240 of this chapter.the Applicant shall 04 de not less than 10-per cent of the total cost ofthe pro4ect for whi t funds are granted. The remaining percentageshall be provided by the stare. The matching share of the applicant maybe in the form of 'money, land, services, or other items acceptdbJe to thedivision of state libraries. Satisfactory assurance of the continuationof library services shall he included es part of the application. (Sec., 1ch 42 SLA 1970)
. .
. Sec. 14.56.220.. Ownership of facility. Titles to a library constructed
under secs. 200-- 240 of thit4hapiar shah be in the applicant unless theapplicant is an unincorporated cosy, in which case the slate shall retaintitle until the time of any subsequent incorporation. ASece 1 ch 42SLA i970)
Sec. 14.56.230., Regulations. division osiate libraries shalladopt regulations necessary to carry out the purposes of sacs. 200 - 240 ofthls chapter. (Sec. 1 ch 42 SLA 1970)'
Sec. 14.56.240. "Rural community " defilied. In secs. 200 - 230 of
this chapter, "rural conianity" means any cemeenity except a first class '
city of over 2,000.population. (Sec. 1 ch 42 SLA 1970; am Sec. 27 ch 53.1614, 1973)
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tticle 4. Alaska Blue Book.
Section . Section-250. 'Alaaka Blue BoOk 280.. Regulations260. Furnishing information 290. Definitions270. Disttibution
Sec. 14.56.250. Alaska Blue Book. The division of state libtariesshall Wigie and issue biennially, beginning in 1973, an official ditectoryof all state officets, state departments, agencies, institutions, boardsand commissions and municipal officials, to be known as the Alaska BlueBook, and include in the book information-regarding the functions of theseofficers and agencies that are considered most valuable to the people ofthe state, togethet with othet data and information that is usually in.cluded in similat publications of othet states. The book shall also includeofficial tepotts of state agencies in the form prescribed by the division _
and a synopsis of all studies undertaken by each of the agencies.listed.
(See. 1 ch 135 SLA 1972)
Sec. 14.56.260. Furnishing information. In ordet to taffy out thepurposes of secs. 250 - 290 of this chaptet, istate or municipal officialshall furnish information fot inclusion in the Alaska Blue Book concerninghis agency, including a concise teport of activities, when tequested,to doso by the division. (Sec. 1 ch 135 SLA 1971)
Sec". 14.56.270. Diattibution. (a) The division mayedisttibute alimited.numbst of copies of thi,Alaska Blue Book free of charge to libtaties,schools, seebets of the legislatute and to state and municipal officials in'the state. '
(bp The division shall determine a teasonable ptice, and chatge thatprice fot each copy of the Alaska Blue Book diattibuted, except for thesedisttibuted ftee of thptge. The money collected :Mall be deposited in thegenetai fund. (Seq. 1' ch 135 SLA 972)
Sec. 14.56.280. leplations. The division sialI adopt tegulationsnecessary to carry out the purposes of sees.'250 290,of this chaptet.(Sec. 1 ch 135 SLA 1972) .
Sec. 14.56.290. Definitions. In secs. 250 - 290 of this chaptet'
.1114.11.44.'m."%let. (1) "division" means the diviiion of state libtaties;
12) "municipal" includes cities and organised boroughs of evetyclass;
(3) Ntate agency" includes state depattments, divisions,'"agencies, boards, associations, corpotations, authotities, commissions,univetsities, institutions and offices. (Sec. 1 ch 135 AA 1972) -
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Section
Chapter 57. The State Museum.
Section10. The state museum 50. Collections management;20. Museum Collections Advisory acquisitions and dispositions
Committee 60. Advisory duties30. Officers; meetings, rules of 70. Conflict of interest
procedure, quorum 80. Definitions40. Coupensation;Iter.diem,
travel expenses
Sec. 14.57.010. The state museum, (a) The Department of Education shallmanage and have complete tharge of all of the property contained in the institutionknown as the state museum. The museum shall be maintained in the state capital.Branch museums may be established and maintained in other localities in thestete.
(b) The Department of Education shall
(1) acquire artifacts, natural history specimens, art objects,etc. that pertain to the human and natural history of Alaska by purchase andby gift;
(2) identify; catalog,- preserve, and display these acquisitions;
(3) acquire and tatalog Alaskan photographs and maintain a cardcatalog of this collection;
(4) ,accept endowments, grants, and gifts in actordantewith estab-lishli state policy ,
(5) collect and maintain hooks, periodicals pamphlets, and othermaterials pertinent to museum administration,.techniqueliand collections;
.
(6) assist and advise in the development of local museums;
(7) colleen and keep current itformktion concerning museum activitiesthroughout the state;
(8) coordinate the museum activities of the state with those ofother agencies;
'
(9) keep the museum open at reasonable hours for the convenienceof visitors;
(16) provide museum services and aamlnister state and other grantsinald to musaums.in the state'to supplement and improve their services, thegrants to he paid from funds appropriated, for that purpose, or from other fundsavailable,for that purpose. (Executive Order No. 54(1974))
Sec. 14.57'.020. Museum Collections Advisory Cbmiittee (a) There is-ereated-in.cheDepartmtat-of-Edneation-tha-state-Museum--Collections-Advisory-
Committee consisting of five members appointed by the state Bard of Educationto serve at the board's pleasure for staggered-thrie-year'terms. The appointees*hall he btpadly representative of the public's interest in the preservationof the hum& cultural, natural, artheological, and anthropological historyof Alaska. iben poisible, some of the committee members shall he known for,or possess, special expertise or apulturally.celevant background in theseaspects of the.art and history of the state.'
b) A member appointed to fill a vacancy serves far the unexpired termof the member he succeeds. Of the initial appointees of the board, one shallserve fer..Aie year,' tvb:for Citb years,.ied two for three years. (Sec. 1 ch80 SLA 1974) -
Sec. 14:51.030. -OffIcerit.meitinse. rules of procedure, Quorum. (a) '
The committee shall elect a chairman from among its members.t
The cosmOteirshall meet at lease once every six months and at thecall of its cheirian, on petitiob of a majority of, its embers, or at the callof .the comatibmmer of edutation, Or the director Of the museum, at a mutuallyconvenient time and place both for the members of the committee and for interestedtimbers of the public.
145
(c) The committee shall adopt rules of procedure to govern its meetings.A majority of the Members of the committee constitutes a quorum. (Sec. 1 eh80 MA 1974)
Sec. 14.57,040. Compensation; per diem, travel expenses. The membersof the committee serve without compensation, but they are entitled to per diemand travel expenses.as authorized by law for boards and commissions. (Sec. 1ch 80 SLA 1974)
Sec. 14.57.050. Collections management:- acquisitions and dispositions.,(a) On recommendation of the committee, the department shfill promulgate regu-lations, governing the museum's in -house acquisitions committee, and the swage-gent and disposition of artifacts, natural history specimens, art objects,.collections or other items, materials or properties that are owned by, in thecustody of, or are proposed for Acquisition by, the state museum.
(b) No artifacts, natural history specimens, art objects, collectionsor other items, materials or properties that relate to the history of Alaskaand are appropriate for preservation in the state museum of a value of $1,000or more may be acquired by purchase, gift or exchange, or otherwise, nor mayany item owned by, or in the custody of, the state museum be disposed of bysale, gift, exchange, or otherwise, without the written approval of the com-mittee.
(c) The committee may obtain an independent, professional appraisal ofthe value of each item to be acquired or disposed of by or for the state museum.(Sec. 1 ch 80 SLA 1974)
Sec. 14.57.060. Advisory duties. The committee shall act in an advisorycapacity to the state Board of Education as to the general policies and programsof the state museum. (Sec. 1 ch 80 SLA 1974)
... ,,
Sec. 14.57.070. Conflict of interest. (a) No committee member may actupon a matter relating to the state museum,ip Which his relationship with anotherperson or with respect to the acquisition or disposition of an item owned by,in the custody of, or proposed to be acquired by or for the state museum creates
t?
e. a conftfct of interest. No committee member may
';3
(1) have a pecuniary or property interest in an item that is pro-,.
:posed to be acquired or disposed of by or for the state museum; .
- (2) have a pecuniary or property interest, directly or indirectly,.
in a contract to which the museum, or the state on behalf of the museum, isa party; or ,
. .
0 (3) receive compensation for services rendered .to the'stime museumas aconsultant, expert, appraiber, or otherwipe, except as provided in sec.40 of this chapter. ,
(b) Notwithstanding(a) of this sect**, a''committee member may bequeathor donate an tam to the state museum. (Sec. 1 ch 80 SA 1974)
Sec. 14.5,:080. Definitions. In this chapter,
' mlitee;
(1). "board" means the state Board of Education; '
(2) "committee" means the state tesemmiCollections Advisory Corn -,
p
(3) ':departeent" means the Department of Edication. (Sec. 1 gfi
80 SLA 1974)
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Chapter 58.idestslucational Broadcasting Commission:
Section10, Creatiin of 4AlaskaPublic Broadcasting
cCommission
20. Membership and term of office,..;30. Comiansation and expenses
Section40. Chairman50. Purpose of thp commission60. Dutierof the Zommlision70. Powers of the commission80. Commercial brqadcasting90. Definitions
4.58.010, Creation of Alaska iPublic B6adcasting Commission. The is createdwithin the partment of Education the Alaska Public Broadcasting Commission. (*. 1 ch 153SLA 1970; am Sec. 1 ch 87 SLA 1976) .
Sec. 14.58.020. Membership and term of office. (a) The.commisslon consists of ninemembers appointed by the gdvemor, without regard to political affiliation, subject o cbnfirma-flog by a majority of the members of the legislature in joint session: In mpkingappointmentsto the commission, the governor shall give due consideration to representation from such fields ashigher education, elementary and secondary education, communications, commercial broadcasting,public health, public works, labor, commerce and the professions. Members may be ramovedonlyfor cause. (Sec. Zch 87 SLA 1976)
(b) The members of the commission shall serve staggered terms of five years, with the initialterms determined by lot. (Sec. 1 ch 163 SLA 1970)
See. 14.58:030. Compensation and expense& Members othe commission receive no salarY,but are entitled to per diem and travel expenses authorized by law for other commissions. (Sec1 ch 153 SLA 1970)
.
. Bee.14.58.040, Chairmen, At the first meeting, the commission shall elect a chairman fromamong its members to serve for.one year. A chairman may be elected and serve 14i more than oneconsecutive term. (Sec. 1 ch 153 SLA 1970) .., . -..
Se .58.050. Purpoelof the commission, lire 4ommisilon. Is created to enceurage and..... supervise t deVelopment of an integrated public broadcasting system for the state.and fit the
coordination of all public broadcasting stations. (Sec. 1 ch 153 SI:A 1970; am Sec..3 ch 8y SLA1976) ._ - . _ ,,, .. .
. Sec. 14.58.060. Duties of the commission, The commission fhall -, 4 .". .(11 .control, and. supervise the use of broadcasting channels reserved by the:Faderal
Commu nicationsCommission for educational broadcasting Purpose; -. . _:.
(2) initiate 'or receive for review and approval -all applications for ethicationar bioad-casting. licenses submitted to the Federal Communications- commission for or on. behalf of analimentary school system, community college, institution of higher learning, private educational
, institution, nonprofit community.or municipal organization in the state;. .. .. . -_ - ..
(3) initiate or receive for review and approval all applications for federilsiate or; private funds if the applications Involve any form of educationalbroadcaiting; , . ,
. ,.. (4) receive:Ill federal, state orprivite funds, property or.assistance that may be'appro-
printed, granted or otherwise made available to the commission for educational broadcasting Pur-poses at all levels of education, and use and disburse thief and property for purposes consistentwith the terms of this chppter, subjectio reasonable limitafioni imposed by the grantor; ,
fa,
(5) provide tconsufialive services in ill aspects of education. broadcasting to all public'or private agencies in the state which request them;
.
;..(6) serve as a library and clearingTkine for infOrmation on broadcasting for edocatianal A
and public purposess
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(7) have the final authority over the broadcasting policy programming: and
(9)
tons and public
(111state:
Repealed (Sec. 7 al e7 91A 1976)
develop aniritegrated public broidcasting network for the state;
develop and distribute public broadcasting programming for educational instituagencies in the state;
develop and distribute public broadcasting programming for public affairsa.
(12) perform all other functions necessary to ensure the ortgrly and coordinated de-velopment of public broadcasting in the state.
(Sec. 4 ch 87 SLA 1976)
Sec. 14.58.070. Powers of the commission, The commission may
(1) employ all consultative, technical and clerical persomel necessary for th6 imple-mentation of this chapter, within the liniits of available funds;
(2) employ a director, who shall be directly responsible to the commission in financial. and administrativematters;
".` -(3) wh re no other competent cOntrectifig -agency exists, lease, purchase, construct,own, operate, ma ge and be the licensee of educational broadcasting stations, production centers,and all other relq d equipment and facilities f or 'the production and transmission of open circuit,closed Megaherta and other transmission means necessary to provide fully effectiveeducational br casting in the state;
(4) appoint unpaid advisory committees to ,assist in development of programs -forInstructional and public television broadcasts. `(Sec. 1 ch 153 SLA 1970)
0
. (5) provide assiitagce to licensed commercial broadcasting stations for the broadcastof public affairs programming and utilization of satellite communications for the bi,castingof special, public affairs Kogramming. (am Sec. 5 ch 87 SLA 1976) r -
Sec. 14,58.086.% Commercial broadcasting, Nothing in this chapter may be construed torestlict or control commercial broadcast stations or companies operating or licensed in the state.(Sec. 1 ch 153 SLA 1870)
Sec. 14.58,000.Ciefinitioqs. In this chapter, unless the context otherwise requires
(1) "commission" means the Alaska Public Broadcasting Commission;.
. . . .
(2) '...public broadcasting%includes, but is not limited to. television and radio trans.mislion_by 21500 Megahertz, closed circuit or microwave video and audiq progrimmini slowscantelevision programming, programming via satellite, teletype or facsimile transmissionoqd distribu-Hon methods, when the transmission. programming and distribution are intended to Ave a non.commercial educational, public or instructional purpose. (Sic, 1 ch 153 514 1970)
(am Sec. 6 ch 87 SLA 1976)
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Section10. DefinF Ions
1is
Chapter 60..a.1 Prtds ions.
66.010. Definitions. As used In this title, unless the con -rigu res,
'Ipubl le schools" Include elementary schoots, , high schools,ght schools for adults, and other pub' It educational inst I-may.be established; however, nothing in this title includes,
s for Alaska Natives under the control of the federal governmentadministered and supervised through the Bureau of Indian Affekrs;
(2) "board" means the state Board of Education;
(3) "comissionei" meank the eOmmissioner of education;
(A) rdepertment" 'means the Department of Education;
(5) "governing body" means die School board of a borough or city school district or aregional gducationai attendanceareer
6) "school board" means Vie school board of a borough or city school district or aregional education attendance areas.'
.. (7) Repealed.' (Sec 31 sh-124 S14 1975):
(8) Repeated. (Sec 31 tb 124 SLA 1975)
(9) "attendance areal' means the geographic area designated by.the department .t4 be served by a school,
(10) "regional educational attendance area" means an edutational service area in theunorganized borough whicb may or may not includes military reservation, and which contains one
. or More public schools of grade levels K-12 or any (Fortran of those grade levels which are to beoperated under the management and control of a single regionil school board.
(Sec 37-1-3 ACLA 1949; am Sec SB ch SEFSLA 1966; ant *127, 28, 26ch 46 SLA 1970; am Sec4.
Z 3 th 64 SLA.197?; am Sep 29.30, 31.32 th.124 SLA 1975)
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..IN.44 4. N 4r.e Iv NA . ,
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Miscellaneous Laws
Relating to Education
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VC
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Title 4; Alcoholic Beverages.
Chapter l& Regulation of Safes and Distributiot
kC. 04.16.020. Restrictions on sale 'or disposition of liquor.
(e) Churches and schools.. The board shall not issue a 6evera pensary license or packageliquor store license, for the sate of Intoxicating liquor in any buildi hich the public entrance iswithin 200 feet of school ground or church building measur e shortest pedestrian routefrom the outer boundaries of the school ground, of publicaptrance of a church building in vtuchreligious seNces are conducted, within or outside any mtglicipality 4 license may be re-issued ortransferred from one licensee to another, for the sale of intoxicating liquor in a building in *hichthat sale was authorized by law on April 25, 1960. When a license for the sale of intoxicating liquorin a building within 200 feet of a school ground or church building in which religious services areconducted is forfeited, lapses or is transferred to other premises, no license for the sale ofintoxicating liquor at the prior licensed location shall thereafter be issued. However, the locationmay be relicensed in the went of the removal of either cause.ot the restriction .. (Sec 35-44 5_(146) ACLA 1349; am Sec I ch 83 SLA 1949: am Sec 1 ch 54 SLA 1951: am Sec I ch 116 SLA1953; am Sec 2 ch 131 SLA 1957; am Sec 2 ch 197 SLA 1959; am Sec 5 ch 183 SLA 1960: amSecs 1, 2 ch 43 SLA 1964; am Sec 1 ,ch 137 SLA 1967; am Sec 9 ch 108 SLA 1971; am Sec 1 ch117 SLA 1972; am Sec 9 ch 53 SLA 1973rain Sec 1 ch 182 SLA 1976) ,
Title 9.. Code Civil Procedure.
Chapter 65. Miscellaneous Provisions.
7.
.Sec. 09.65.090. Civil liability for errergeney, aid.. (a) A personwho, without expecting compensation, renders care 'to an injured or sickperson, or gives counseling or advice to a person in a condition of, .enntiona3. crisis, yho_ aopears to be in immediate need of aid is not liablefor civil damages as a result of an act or omission in rendering emergency ,cafe, counseling or advice or as a result of an act or tiiltre to act toprovide or_arrange for further medical treatment or care for the injured k
person o,r,further counseling or 'care for the person in a condition of I
motional grads. .. ., . (Sec. 3. ch 32 SLA 1967; am Sen. 1 ch 119SLA 1911) . .
...
ark,
4,,I
Title II. Criminal Law..
t. .. -
Sec. 11.20.590. ItAttty to highways, public recreation- facilities, or highw0 isim. . .
..- alt. ' P
. (b) No penal may put or throw any'kind orgarbage, rubbish, or'material.or.abandon animal viscera or other discarded objects on a highway, highway right-of-way, or public recreatiO3ficility. No person may put or throw any kind of
%, litter or trash from a highway or highway right-ognway onto private property.
(Seg. 65-5-108 ACLA 1959; am Sec. 2 ch. 23 SLA 1962; am Sec. 1 ch 13 SLA 1966;a . ;am Sec2 ch-65 SLA:1966)
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Sec. 11.30.040. y. A person who corruptly gives, offers, or promises to give a gift,gratuity, valuable consideration or other thigg, or corruptly promises to do or causes to be done anact beneficial to a peace officer, judicial officer, executive officer or public official, with intent toinfluence the vote, opinion, dettsion, Judgment, or official conduct of the officer or official in amatter, question, duty, cause, oproceeding which is or by law may come or be brought beforehim, or with intent to influence the person to,,4 in his official capacity In a particular mariner toproduce or prevent a particular result, upon abnviction, is punishable by imprisonment for not lessthan two years nor more than 10 years.
(Sec 65-7-4 ACLA 1949; am Sec 20 ch 25 SLA 1975; am ch 25 SLA 1975)
Sec. 11.30.050. Accepting Bribe. A peace officer, judicial officeg, executive officer or publicofficial who corruptly accepts or receives a gift, gratuity, valuable Zonsideratlpp, or thing. or a.promise of one of them, or a promise to do or cause to be done an act beneficial to him, with theunderstanding or agreement, express or implied, that the officer or official will give his vote,opinion, decision.Air juprnent in a particular manner. in a matter, question, duty, calm, orproceeding which then Is or ay by law come or be brought before him, or with the understandingor agreement that the person will in his official capacity act in a particular manner to produce orprevent a particular result, upon conviction, is punishable by imprisonment for not less than fiveyears nor motif than 15 years.
(Sec ACLA 1949: am Sec 21 ch 25 SLA 1975; am ch 5 SLA1975)
JSec. 11.30.075. Public Official Defined, For the purposes of sr. 40 and 50 of this chipter,
the definitions contained in AS 39.50.200(1),.asiopplemented by AS 39,50.0901b), shall becontrolling. .
(am Sec 22 ch 25 SLA 1975)
41:apter 40. Crimes Against Morality and Decency.
Sec. 11.40.160. Display, sale, offer, distribution, lending, 13t giving away ofobjectionable comic hooks prohibited. It is unlawful forlipersori to `know**display, sell, offer for sale, distrkbute, or. give away or othervcir makeavall-ab'a to a pqrson a horror comic book, e comic book, sexually inclement comicbook, or comic book portraying deeds of rutality and violence% (Sec. 2 ch 190SLA 1955)
Sec. 11:40.170. Definitions of objectionable comic books.. ;At.-used insec. 160 of this chapter w. . ), ...r. ..... V1,
. a' :,.., ':___.':i.,- ,(1) "comic book" is a narrative story, tale, romIntillgr'andaeit :
of events or happenings, fiotional, factual or histoxicil in:Which desuccessive steps in the development of the action or plot ate.pictoiAallyor graphically illustrated *by drawike or photographs and in which thelegend, narrative or dialogue is printed adjacent to or on the piOorialillustrition, whether or not in balloon's proceeding out of the mouthsof the characters porttaied, and includes all publications of the type .6descnIed, regardless of whe,ter they partake of the elements of
secomedy or humor;
(2) "hoar uric book" is a comic book, the theme or plot ofwhich led primarily or in substantiakpvt to matter which isgruesom , debasiii, mclustrous, vile, &Moil:it,. , weird,,horrible,
c.vicious, depraved; inhuman or otherwise. ..;., . e in readersfeelings of horror, fear, revolsionte 'Traaefe.A...
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Voi?'.... k,. (3) "crime comi0gO,Vi: , ..; .%).t.,.%L11.:4'!-
which is devoted prim 4t i 9 1-*--'1 . , Z 7 .-4 ..
the planning or cortuniiii P
.armid robberies, burglarier 4.: .0)
Ssale.or use, of ,narcotice:orbto commit them;:
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(4) "sexually indecent comic book' is a comic book, the theme or plot of which is devotedprimarily or in substantial part to sexually indecent subject matter 'such as adultery, homosexuality,sadism, masochism or other perversions or in which male and female characters are depls.led inlewd, lascivious or suggestive amorous embraces or in which male or female characters ariscantilyor indecently dad or in which the genital organs of male or female characters are exposers orpartially exposed; (am Sec 81 ch 127 51f4 1974)
(5) "comic book portraying deeds of brutality and Vioancatis a comic book, the theme or plot of which is devoted primarily orin substantial part to deeds or acts of brutality or violence such asassaults, clittings, stabbings, beatings, sluggings, floggings, eye-gougings, brutal klaings, burnifigs, dismemberments and otherreprehensible assaults and batteries on the person, (Sec, 1 ch 190SLA 1955)
Sec. 11.40.180, Penalties for violation of sec. 160 of this chapter. A per-son who violates sec. 169 of this chapter is guilty of a misdemeanor, and uponconviction is punishable by a fine of not more than $300, or by imprisonment fornot more than 30 days, or by both. Each day during which a violation continues isa.separate offense. (Sec. 3 ch 190 SLA 1955)
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Sec. 11.60.210. VagrancAr. An idle or dissolute, person who has no visiblemeans of living, or lawful occupation or employment.by which to earn a living; anable-bodied person fouid begging de means of support in public places, or fromhouse to house, or Who procures a child or children to do so; dr a person who livesin a house of ill repute; or a person whp, without legitimate reason, loiters abouta school where children axe in attendance is a vagrant, and upon conviction is -
punishable by a fine of not less than $20 nor more than $250, or by imprisonmentin a jail for not less thai 10 days nor more than 25 days, or by both.. (Sec. 65.13.21ACLA 1949; am Sec. 1 ch 66 SLA 1966)
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1Title 18. Haeith and Safety.
Chapter 70. Fire Protection.
S. 18.70.080. limitations..The Department of Public Safety shall adopt rules and regulations for- the purpose of
protecting life and property from fire and explosion by establishing minimum standards for
(1) 84 detection and suppressio2 equipment;
(2) fird and life safety criteria' if( commercial, industrial, business, institutional or otherpublic building, and buildings used for,relidential purposes containing four-or more dwellingunits; - .
(3) any activity in -which mbustible or explosive materials are stored or handled incommercial quantities:
(4) conditions or activities led on outside a building described in (2) or (3) of thissection likely to cause injury to persons or property.. (see 8 ch 66 SW 1955; am Sec 1, 2 ch176 SLA.1968; repealed and reenacted Sec 1 ch 23 SLA 10-71). __ 4
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Sec. 18.70.300. Oolinttion Of building. . ' !; .In this chapter "building" means a structure, installation;',Witief 'erecied or-sa the. --e/1
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process of ing erected and which is used or intended for useti i*trqmircger ustrial, business.
(Sec 4 ch i 6 SLA 1960; am Sec 27 ch 32 st.A4sn) e-. -7-::-..:-.1:1:institutional other public building, or resklendilisisilding.ccigrailtIngArkisr. dwelling units. . .
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Title -23. Labor and Workmen's Compensation
Chapter 15. Employment Services.
Article 1. Vocational Rehabilitation. .
Section143, Board of Vocatiorial'Rehabilita-
t*20. Powers and duties of board30. Appointment of administrative
officers .40. Office-of VoCitional Rehabilita-
tie)* establishedSO. Director of vocational rehabili-
tation60, Agreements under Social Semi-* rity Act70. Personnel policies80. Efigibility fir vocational reha-
bilitation service90; Priority as to eligibility
Section .100. Powerwand duties110. Extension of services outside state120.. Cooperation with federal govern-
ment
130. Small businesses revolving fund140. Repeated150, Receipt and disbursement of funds160. Gifts170. Maintenance not assignable180. Hearings190. Misuse of lists and records200. Limitation on poiltical activity210. Definitions
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Sec: 23.15.010. Bo .of vocational rehabilitation, The Board of Educa-tion which administers the program of vocational educatiodis designated as theBoard of Vocational Rehabilitation to administer the vocational rehabilitationprogram. (Sec. 37-9-6 ACLA 1949; am Sec. 2 ch 169 SLA 1955; am See. 2 ch 144SLA 1957; run Sr. 1 'eh 79 SLA 1960) .
Sec. 23.15.020. Powers and duties of board: (a) The board may cooperatewith a federal agen6y, as provided and 'required by federal law for vocational reha-bilitation.
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(b) The board shall comply with these federal laWs and the condition.; el..necessary to secure the full benefit of the federal vocational fehabilitation laws,marshal do all things necessary to entitle the state to receive the benefits ofthe federal laws.
'(c). The board May do all the,things and adopt the rektrions which arenecessary tokarzy out the federal laws and the purposes -of 10--210 of thischapter. (Sec. 37-9-6 ACLA, 1940; am Sec. 2 ch 169 SLA 1955; am Sec. Z ch 144SLA 1957; amSec. 1 ch 79 SLA 1960)
Sep. 23.15.030. Appointment of administrative officers. The board may'appoint administrative o£ficer6, and delegate to them the authority necaftsarjtocarry out Secs. 10--210 of this chapter. (Sec. 37-9-6 ACLA 1949; am SeC; 2,ch 169SLA 1955; ant Sec. 2 ch 144 SLA 1957; am Sec:.1 ct 79 SLA 1960)
See. 23.15.040, Division of Vocational Rehabilitation established. The Officeof Vocational Rehabilitation is established under the Board of Vocational Rehabili-tation to carry out Secs. 16--210.of tbis 'chapter. (Sec. 37-9-6 ACLA 1949; amSec. 2 ch 169 "SLA 1955; am Sec. 2-ch 144 SLA 057; am See 18 oh 208 SLA 1975)
Sec. 23.15.650. Director of vocational rehabilitation: The board shallappoint a director of tjee Division of Vocational Rehabilitation. The director has
. . . the administrative authority delegated to him by the board and necessary to carryout Secs. 10--210 of this chapter and the regulations and policies adopted by theboard. (Sec. 31 -9-6 ACLA 1949; am Sec. 2 ch 144 SLA 1957; am Secs. 2, 3 ch 79SLA 1960; am'Sec. 9 ch 96 SLA 1967) .1
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Sec. 23.15.660. Agreements under Social Security Act. (a) The boardacting, through the Division cEVocational Rehabilitation may enter into necessaryagreements on behalf of thestate with the Secretary' of Health, Education andWelfare to cat* out the provisions of the federal Social Security Act, as amended,and as it is subsequently amended, relating to the making of determinations of .disability under Title 11 of:that Act.
( b) The Department of Revenue shall act as the custodian of funds paid bythe federal government to the state, shall comply with agreements entered intounder the" Social Security Act, and shall disburse the funds in accordance withinstructions from the director of the Office of Vocational Rehabilitation. (Sec.37-9-6 ACLA 1949; am Sec. 2 ch 169 'SLA 1955; am Sec. 2 ch 144 SLA /957)
Sec. 23.15.070. Personnel policies. The board shall adopt personnel policiesfor the Division of Vocational Rehabilitation. The director shall execute these .
policies and keep them on fie in his office. (Sec. 37-9-6 ACLA 1949; am Sec. 2ch 169 SLA 1955;.am Sec. 2 ch 144 SLA 1957)
Sec, 23.15.080. Eligibility for vocational rehabilitation service. (a) Voca-tional rehabilitation service shall be provided directly, or through a public orp rivate instrumentality to a handicapped individual (1) who is a.residest of thestate at the time he applies foil the service and whose vocational rehabilitationthe agency determines after full investigation can be satisfactorily achieved, or(2) who is eligible for the service under an agreement with another state or withthe federal government.
(b) Vocational rehabilitation service's, other then diagnostic and relates)es (including transportation in connection with diagnostic4;nd relateaser7
), gnidance, trnirg., and placement may be provided at public cost only to thet that the handicapbed individual is found by,the alency to require financial
assistance. (Sec. 37-9-7(1) ACL'A 1949; am Sec....33h 144 SLA 1957)
Sec. 23.15.090. Priority.as to elianlity. If vocational rehabilitationservice calinqt be provided for all eligible handicapped individuals who apply, theagency shall provide by regidition for determining the order to be followed inselecting those to whaikthe services will be provided. (Sec. 37- 9 -7(2) ACLA 1949;as Sec. 3 ch 144_SLA VS") .
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Sec. 23.15.100. Powers and Andes. (a) in carrying out Reis. 10--210 ofthis chapter the agency shall
(t) takeputsactibn it considers necessarrier appropriate tocarry out the es of Secsn0--210 of this chapter, and Ibpt
"regulations in conformity with these purposes;MI%
.(2) dett;tiniine the eligibility of applicants for vo4tionalrehabilitation service; , 11
(3) submit to thesovernor annual reports of activities andexpenditures and, before each regular session of the legislature,estimates of surds required for carrying out Secs,10--210 of thischikter and estimates of the amounts* be made available for thispurposelnien alt sources; and
-- (4) cooperate with :public and private departments, agencies
thin rehabilitation, end pita develoPing arid proyidiek, inItandkanneajodiyiduals, stud the problerhs involved in lirovidingand -hietititions the. vocational rehabilitation of
conformity ivith-the Wvoigs o_f_Secs. of-t his-chapter,
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_ the programs, facilities and services which may be necessary ordesirable,
(b)' In tarrying out SeCs. 10--210 of this chapter, the agency may,
(1) enter into agreements with other states to provide forthe vocational rehabilitation of residents of the state concerned;
. f,eg . (2) establish and operate rehabilitation facilities, and work-
shops and make grants to public and other nonprofit organizationsfor these purposes;
. - ,. (3) supervise the operation of vending stands and other small'
. businesses established under Secs. 10-210 of this chapter to beconducted by severely handicapped individuals; and .
. ,. . ... .' (4) make studies, investigations, demonstrations and reports,
4. . and prOvide training and instruction (including the establishment .
and maintenance of the research fellowships and traineesieps with. the stipends and allowances which are con4saired necessary) in
mattere relating to vocational rehabilitation. (sec. 37-9-8(1) (2)ACLA 1949; me Sec. 4 ch 144 SLA 1957)
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Sec. 23.13.110. Extension of services outside state. Vocational rehabilition service, may be extended to the continental United States to all individualseligible under Secs: 10--210 of this chaptkr. The director of the Voca-tional Rehabilitation may place prokessional or clerical personnel or both insidethe continental United States to carry out the purposes of Secs. 10 210 of thischapter. (Sec. 37-9-8(3) ACLA 1949; am Sec. 4 ch 144 SLA 1957)
Sec. 23.15.120. Co operation with federal government. (a) The agency shallcooperate wih the federal government in carryhyout the purposes of federal..4" laws pertaining to vocational rehabilitation (including the licensing of blind personsto operate vending stands on federal property) and may adopt the methods ofadministration which are found by the federal government to be necessary for theproper and efficient operation of agreements or plans for vocational rehabilitation.The agency may comply with the conditions which are necessary to obtain the fullbenefits of the federal laws for the state and its residents.
(g) Upon designation by the governor, the agency may perform functionsand services for the federal government relating to individuals under a physicalor mental disability, in addition to those provided 'in (a) of this section. (Sec.37-9-9 ACLA 1949; am Sec. 5 ch 144 MA-1957r
.. -Sec. 23,15.130. Small businesses revolving fund. Funds to carry out the
provisions of Secs. 10--210 of this chapter may be appropriated in the genera/appropriation act of -the legislature.. There is created in the state treasury arevolving fund designated as "The Vocational Rehabilitation Small Business Enter-prises Revolving Pond." Receiptii from the small bildirtles enterprise programshall be deposited into the fund and are available for the operation of the program..If the program is discontinuid the unobligated balance shall revert to the generalfund of the state and when all obligations have been met the fund shall be abolished:(gee. 37-9-10 AC/IA*1949; added by Sec. 6 ch 144 SLA 1957)
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Sep. 23.15.150. Receipt and disbursement of funds. The DepartmentofRevenue is delignated custodian of all vocationalrehabilitation funds in the state.(Sec. 37-942 ACLA 1940; added by Sec...6 ch 144 SLA 1957)
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Sec. 23.15.160. Gifts. The board may accept a gift or donation from publicor a private source which is offered unconditionally for carrying out Secs. 10- -210of this chapter. The board may accept a conditionatgat if, in the judgment ofthe agency, the conditions are proper andconsistent with Secs. 10--210 of thischapter. (Sec. 37-9-13 ACLA 1949; added bY Sec. 6 ch 144 SLA 057; am Sec. 3_ch 23 SLA 1968)
Sec. 23.15.170, Maintenance not assignable. The right of a handicappedindividual to maintenance under Secs. 10- -210 of this chapter is not transferableor assignable at law or in equity. (Sec. 37-9-14 ACLA 1949; added by See. 6 ch 144SLA 1957).
Sec23.15.180. Hearings. An individual applying for or receiving vocationalrehabilitation who is aggrieved by the action' or inaction of the agency is entitledto a fair hearing by the agency, in accordance with regulations. (Sec. 37-9-15ACLA 1949; added by Sec. 6 ch 144 SLA 1157)
Sec. 23.15.190... Misuse of lists and records. It is unlawful, accept forpurposes directly connected with the administration of the vocational rehabilita-tion program and in accordance with regulations, or a person to solicit, disclose,
-.receive, or make use of, or authorize, knowingly permit, participate in, or acqui-esce in the use of a list of, names of, or information concerning, persons applyingfor or receiving vocational rehabilitation, directly or indirectly, derived from therecords, papers, files, or communications of the state or an agency' of the state,ox acquired in the Course of the performance of official duties. An officer oremployee violating this provision, is subject to discharge suspension. (Sec. 371-9-16 ACLA 1949; added by Sec. 6 ch 144 SLA 1957)
Sec. 23.15.200. Limitation on political activity. No officer or employee ..0=-:;14engaged in the administration of the vocational rehabilitation program may usehis official authority tb influcirice or permit the.use of the vocational rehabilita-tion program for the purpose of interfering with &detection or affectiig theresults of arrelection or for a partisan political purpose. No officer or employeemay solicit or receive, nor may an officer ox employee be obliged to contribute orrender, a- service, assistance, subsc'riptio?, assessment, or contribution for a'political purpose. An officer or_employee violating this sisction is subject to dis-charge ox suspension.. (Bed. 37-9-17 ACLA 1949; `added by Sec. 6 ch 144. SIA 1957)
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Sec-234.5:210. . Detzttitiod In ics. 111--210 of this chapter ,.
(1) agencyll means the Division of 'Vocational Rehabilitation;
(2) "board" means the NMI of Educationnoting- as the Boardof Vocational RetabilitaVion;
(3) 'adirectoin means thetirector of the Division of VocationalRehabilitation;
N.(4)' ,"handicapped individual" means adindividual under a physical
or mental disability which constitutes a substantial haiidicap to employ.,-,.1-inent,'but which is of such a nature that vocational rehabilitationservices may reasonably be expected to render him fit to engage in a .
remunerative occupation; *
(5) aindividut1 who is midge ihYadeal or mental'means ai) individual who has a physkal or mental condition whichmaterially limits, contlibutriciVilioiting, or, if not corrected, willprobably result,in limiting his activities or functioning ;.
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(6) "vocational rehabilitation service" means goo& and services; including diagnosticand related services, necessary to render a handlcipped individual fit to engage in aremunerative occupation; - . ,
(7) "workshop" means a place where manufacture or handiwork is carried on, andwhich is operated for the primary purpose of providing remunerative employment to severelyhandiciipped individuals (A) as an interim step in the rehabilitation for those who onnotreadily be absorbed in the competitive labor market or (B) during a time when employmentopportunities for them in the competitive labor market do not exist. (Sec 37-9-5 ACLA 1949:am Sec 1 ch 169 SLA 195S; am Sec 1 ch 144 SLA 1957) .
Chapter 20. Alaska Employment Security Act .
Article 8. General Provisions.
Sec. 23.20.382. Benefits while attending approved Vocational training course.
Benefits or waiting-week credit for any week shall not be denied an otherwise eligibleindividual because he is attending a vocational training or retraining course with the approval Of theemployment security division or because, white attending the course, he is not available for work or:;refuses an offer of work. (am Sec 1* ch 74 StA 1976)
Sec. 23.20.520. befinititms.
In this chapter. unless-the context otherwise requires,
(24) "i itution of higher education" for the purposes of this chapter, means an ,
educational lution which4
(A) admits as regular students only individuals having a certificate of graduationflora high school, or the recognized equivalent o' a high school graduation certificate;
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(B) is legally authorized in -this state to provide a program of educatioh beyondhigh school; and
(C) provides an educational program for which it awards a bachelor's or higherdegree, or provides a program which is acceptable for full credit toward either degree, aprogrim of post-graduate or post- doctoral studies, or a program of training r preparestudents for gainful employment in a recognized occupation: and-
(0) is a public skothet noroprofitinstitution; (Sec 13 ch 106 SLA 1971)*
(2),in a faeility conducted for,the purpose of carrying out a program of rehabilitation' for individiaals whose earning capacity is impaired by age or physical or mental.cleficiency or
injury or providing remunerative work for individuals who, St ause of their impaired physical ormental capacity, cannot be readily absorbed in the competitive labor market by an individualreceiving the rehabilitation or riiiitunerative work; ...
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(2) "vocational training" means. vocational or technical training in schools or classes,indudi but not limited to, field or laboratory work and remedial or related acadynicinstruction, which is conducted as a program designed to prepare individuals foe gainfulemployment in trades, skills or crafts: the term "vocational training" does not includeacademic education whose purpose is to prepare individuals for employment in occupationsgeneral' classified es professional or which require a baccalaureate or higher degree frominitauti s of higher learning. (am Sec 2 ch 74 SLA 1976).
''1. Sec. 23.20.526. ExClni#ons from definitions of employment
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(d) For the purposes"-Of see. 5250)14), (5) and (6) of this.chapter, the term "employment"..
does not apply ta service performed
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(3) as pad ofan unemployment work-relief or work-training program assisted orfinanted in whole or in part by any federal agency or any agency of a state or political sub-division thereof, by an individual receiving work relief or work training;
(4) for a state hospital by an in mate of a prison or correctional institutibn;
(5) in the employ of "school. college. or university. if the service is performed by astudent who is and is regularly attending classes at the school; collage or university;
(6) by an individual under the age of 22 who is enrolled at aBonprof it or publiq.educa-tional institution which normally maintains a regular faculty anircurriEuium and' normallyhas a regularly organized body of students in attendance at the place where its educationalactivities-art carried on as a student ip a full-time prograth, taken for credit at the institution.which combines academic instruction with work experience, if the service is an integral'partof the program, and the Restitution has so certified to the employer. except that this para-graph does rig apply to service perforined in a program established for or on behalf of anemployer or grolip of employers;
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Title 24. Leghlature,
Sec. 24.05.040. Dual office. No member of the teghlaiure may hold..afiy other office orposition ofprofit under Me United States or the state. During the term for which elected and forone yearthereiafter. no legislator may be nominated, elected or appointed-to any other office ofposition of profit which has been created, or the salary or emoluments of which have been increasedwhile he was a membei. This tion does not prinient any person from seeking or holding theoffice of governor, secretary of e,.or meMber of Congress. This section does not apply to ern-ployment by or elettion to a con 'utional convention. A member may serve on or at the behestof an interim committee of the legs hire. (Sac. 4 eh 157 SLA 1959; am Sec. 1 ch 85 SLA 1965;am Sec. 56 ch 69SLA. 19,70)
80o. 24.20:271. Powers and duties. e legisladva'audiLdivision shalt .
(9) have direct access to any intoof Alaska 10 have itheeaMe right of acce
I (Sec. 4 ch 46 SLA 1977)
on related to the management of the Universityexists with respect to every other state agency.
Article 4. Legislative Board of Retirement Benefits;
Sec. 24.20.500. Leg _board of retirtenient benefits established. The Legislative Boardof Retirement Benefits is established as a permanent advisory board of the legislature. The Maisie-tune establishes the board in reodynition of ifs need for detailed expert fiscal analyses of the retire-ment systems,of therstate and recommendatiOns to change them..
, Sec. 24.20.510. Membership. The Membership of the Legislative Board of RetirementBenefits is composed of 'seven members. e"
(1) the.coMnlissloner of aci;ninistration;
(2) thdlreetor of the division of retirement;9. -
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(3) an employee of the state employed under ihe public employees' retirement system(AS 39.35); .
. .,(4) an employee of the state or of a school district who is employed uncle the teachers'retirement system (AS 1425);
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(5) a public member not employed by the slate who possesses a background in Economicsor public co;
/(6) a member from the public employees' retirement system; and
10(7) a retired member from the leachers' retirement system. ,
Sec. 24.20.520. Selection of mernbenhip. (a) The commissioner of administration and thedirector of the division of retirement serve ex officio.
(b) The remaining members of the board are appointed by the Legislative Council andserve at the pleasure of-Ahe council for four-year terms.
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Sec. 2420.530. Compenieties (a) The ex officio members, retired members, and thestate employees appointed by the 6eghlative Comncil receive no compensation for their service onthe board. They shall receive travel expenses arak per diem when necessary to attend-meetings ofthe board, and the state employees appointed by the Legislative Council shall be excused fromtheir regulaidutir when necessary to attend meetings of the board. -.., . .
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(b) The public member shall receive $100 per day for his services to the board and is en.titled to travel expenses and per diem when necessary to attend meetings of the board. ,
'Sec. 2420.640. Duties of the board. (a) The board shall prepare a detailed fiscal analysisof each legislative proposal for changes in the retiremenfaystems of the state within 30 days of theintroduction of the proposal. Each analysis should include,a projection of long-term costs angl shortterm costs to the state if the proposal is adObted as well as the long -term impact of implementationof the proposal on the actuarial soundness of the fund,
(b) The board shall meet at least four times each year. Within 60 days afterthe legislatureconvenes each year in regular gssion. the board, shall deliver a report to the legislature on all pro-
, posals then pending in the legislature for amendment to a retirement system. The board shall alsoreport on other pending pr'oposals which would hall* an effect on the retirement systems of thestate.
., Sec. 24.20.660; Staff for the board. The Legislative Affairs Agency shall provide the 'comeMittee with profesaional and clelical assistance under the auspices of the Legislative Council. Theboard may employ actuaries as nedsary for the completion of its responsibilities with the approvalof the Legislative Council. .., . I:(am Sec. 1 cat 130 SLOc 1977) .
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SOC. 24A5.250. Fess for registration of lobbyists.
(b) High school studeistst who register as legislative agents, and who attic ly repreienttheir respective institutions shall pay a basic fee of $1. (Sec. 1 cat 16 SLA 1971)
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28. Motor Vehicles.
Philter Operators' Licenses,
S. Medical examinations. 5.
A requirement for a medical examination a condition precedent to obtaining an operator'slicense or school bus driver's permit shall be sa fled if the applicant is the holder of a current andvalid first- or second-class medical certificate issu d under the federal aviation regulations and haspassed, any requirement of the Department of Educe ion relating to tests for tuberculosis. (am Sec 1ch 3 SLA1976)
Sec. 28.16.130. School bus drams permit
The department shall issue a sc hool bus driver's permit upon application and completion ofdriving, written and physical examinations. The permit expires on September 1 of the yearfollowing issuance and may 'renewed by submission to the department of a current physicalexamination. No person may operate a school bus carrying children without a school bus driver'spermit. The commissioner of public safety may establish, by regulation, medical standards andstandards of driving conduct and proficiency governing the issuance or denial of school bus driverspermits. (Sec 15 ch 173 SLA 1959; am Sec 1 ch 4 SLA 1961)
Sec. 28.16.360 Definitions. In this chapter, unless the context otherniise requires,
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(2) "department" means the Departm ent of Public Safety acting directly or through itsduly authotized officers and agents; . , (Sec 1 ch 173 SLA 1959; Sec 20 (3) ch 173 SLA1959)
Chapter 17. Commercial Driver Training Schools. ,
Sec. 28.17.010. 'Duty of corm! ssioner of public safety edopt regulations and to enforce
; (a) The commissioner of public.sa ty shall adopt add prescribe those regulations concerningthe administration and enforcement of this chagter which are necesary to carry out the intent ofthis chapter and t protect the public. The oimmissioner shall inspect the school facilities andequipment of applicants and licensees end examine applicants for instructor's licenses.. (Sec 1ch 215LA 1966)
Sec.8.17.0a Definitions.
In this chapter, unless the context otherwise requires,
(1) "commercial driver training school" or "school" means a businest enterprise-conducted by, en: individual; association, partnership, or corporation, for the education andtraining of porsoits, either practically or theoretically, or bothoo operate or drive motort. ab/cles; andleging a consideration or tuition for its services;. .
"comritissioner means- he commissioner of public safety;
(3) "instructor" means 4person, whether acting for himself as operator of a commercialdriver training school or for a school for ccepensation, who teethes, conducts classes of, gives'demonstrations to, or supervises practice *of, persons laming to operate% or drive motor(vehicles. (Sec 1 ch 215 SLA-1968)
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Title 25. Municipal Government.163
Article 2. Home Rule _Limitations.
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Sec. 29.13.100. Limitation of home rule powers. Only the followingprovisions of this title apply to hoops rule municipalities as prohibitionson acting otherwise than as provided. They supeisede existidi and prohibitfuihre home rule enectdento which provide otherwise:
0.) AS 29.13.080 (charter amendment)(2) AS 29.18.140 (borough transition) -
(3) AH 29.23.020-29.23.050 (borough assembly representation)(4) AS 29.23.250(a) (election and term of .mayor)(5) AS29.23.540 (prohibitions respecting appointment and re-
moval of personnel)(6) 'AS 29.23.560 (municipal reports)(7) AS 29.23.580 (meetings publit)(8) AS 29.28.010, 29.28.020(b) 29.28.030 (municipai. elections)(9) AS 29.28.130-29.28.250 (recall)
(10) AS 29.33.010(b) (areawide borough powers)(11) AS 29.33.290(c) (acquisition bf additional areawide powers)(12) AS 29.43.020-29.43.040, (powers Of cities outside boroughs)(13) AS 29.48.033 (garbage and solid waste services)(14) AS 29.48.035(b) (effect' of areawide exercise of borough
power)(15) AS 29.48.035(c) (borough building code jurisdiction within
cities)(16) AS 29.48.037 (extraterritorial'jukisdictiOn)(17) AS 29.48.040 - 29.48.100 (utilities)
18) AS-29.48.180 (codification)(19)tepeal,ed by Sec. 8 ch 147 SLA 19.72, effective September 10,
1972. .
(20) AS 29.48.210 (expenditure of borough revenue)(24) AS 298.220- (post audit)(22) AS 2933.010-2153.330, 29.53.400 (borough and city
property tax)(23) AS 29.53.415(d) (interest on sales tax) _,_(24) AS 29.58.180(b) (security for bonds)(25) AS 29.58.315 (bond attorneys, bond and financial consultants)
I J,A6) AS 29.68.010 (annexation and'exclusion)-(27) AS 29.68.030--29.68.110 (merger and consolidation)(28) AS 29.68:500-49.58.880 (dissolution)(29),A319.73.020--(esidnent domain) - .
(30) AS 29.73.030 (adverse poeseseion) --(31AS 29.73.040 -(taxat ion of municipalities)(32) AS 29.73..050 (imadcipal name - changes) ..(33) AS.29.23.555 (conflict of interest-$1
.. .,..,. -(34)2 AS 29.33.050, AS 29.41.810i"), AS 14.42.020(a) (responsibility"for eductitionon-military reservations) 1.`" ...I.,
'..).
s .(35) AS 29.58.340 - 29.58.50 (bonded' ..bt for school construction)
. .*
, (36) AS 2163.065 (exemption-from Sped assessment) -"- N
.... (Sic 2 ch 118 SLA 1972; am Secs 2, 8 ch 147 SLA 19,72; ere Sec 2 ch 32 SLA 1973; am Sec 43 ch53. . SLA 1973; am WO 137'SLA 1974; am Sec 2 ttil-14 SLA 1975)
Sec. 29.23.54041nolding matilcipal offiee, .w \)3. . AI '
.... ....
(c No -state emploiree or school district airplay* may be denied the right to serve as anA ar electSMunicipal official because of his emppyment by-the state or-a school district unless
sphillally prohibited by charter or ordinance of a municipality, adopted at a special or'Oar& election. However, no school district employee may serve on e school district board in
the school district *here he is employed. Proeisions of this section do not apply to term ofoffice in effsict on the effecticitdatetf this Act.
_(d) For purposes, of thls section a scheig district employee is net a municipal employee
/ (ant* 1 ch 93 SLA 1976)..
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p164
Article 3. Education.
Sec. 29,3.060. Education: Each borough constitutes a borough school district and esta-blishes, maintains, and operates a system of public schools on an areawide bays asprovided in AS14.14.060. A military reservation within an organized borough is not part of the borough schooldistrict until the military mission is terminated or until inclusion in the borough school district isapproved by the Department of Education. However. open tion of the military reservation schoolsby the borough school district may be required by the De rtment of Education under AS 14.14110. If 'the military mission of a military reservation rminates or conti ad management andcontrol by a regional educational attendance area is. isapproved by the De artment of Educations.operation, efanagemant and control of schools oh military reservations transfers, to the bordughschool district in which the military reservation is located. (Sec. 2 ch 118 SLA 1972: am Sec. 3ch 32 SLA 1973; am Sec. 6 ch 7)2 SLA 1974; am Sec. 6 ch 13 SLA 1972; Sec. 34 ch 124 SLA
4975)
Sec. 29.41.010. Powers of Third Clan boroughs. (a) A third class borough shall exercise theareawide powers of education and tax assessment and collection in the manner provided for secondclass boroughs. Areawide exercise of powers other than education and tax ass&sment and collecttion is not authorized.
(b) A third class borough may by a majority vote of the voters in a general or sPe.orgeleotion provide for planning, platting and Toning in accordance with AS 29.33.070 29.33.245 forboroughs and may exercise any general law municipal power which a second class bgrough isauthorized to assume by this title. Powers assumed by a third class borough under this section maybe exercised only within service areas, A third class borough may establish, operate, alter or abolishservice areas in the manner provided by AS 29,63,090 for second class boroughs. The acquisitionof additional ports on a service area basis may be initiated in either Of two ways:
-....
(1) a number of voters equal to 15 per cent of the number of votes cast in the pro-posed service area at the preceding regular election may file a petition with the assembly: or
(2)- the assembly may place the question on the ballot.(Sec. 1 ch 93SLA 1977)
'1-
(c) A third class borough may borrow money and issue negotiable general obligation, revenueor refunding bonds and other evidences of indebtedir as provided for first and second classboroughs in AS 29.515049.58.340, (am Sec. 4 ch 3 SLA 1973; am Sec. 7 ch 72 SLA 1974;am Sec. 7 ch 13 ALS 975; repealed and re-enacted Sec. 35 ch 124 SLA 1975)
.
(d) A military reservation within a third class borough is not 'part of the borough schooldistrict until the military mission is terminated or until inclusion in the borough school district isapproved by the Deparhient of Education. However, operation ofhe military reservation schoolsby the borough school district may be required by the Dbpartment of Education under AS 14 14110. %If the military mission of a military reservation terminates or continued management and con-trol- by a regional educational attendance area is disapproved by the Department of Education,dperation, management and control of schools on the military reservation transfers to the boroughschool district in which the military reservation is located. (Sec. 2 ch 93 SLA 1977)
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Sim 29.41.020. Assembly toserve lis school board. The borough assembly is the boroughtolloOl board for third" class boroughs. Where applicable, weighted voting shall apply to.boarddecisions. The borough exec is the presiding officer of the boough assembly and presidentof the schwa board. *`The bo executive hits all powers of a borough executive except for theveto power. (Sec: 2 ch'118 S 72).. .; . ...
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Sec. 29.43.030, Education. Home rule and first class cities oufslae boroughs. Constitutecity school districts and establish, maintain nd operate a system of public schools as provided byAS 29.33.050 for boroughs, (Sec. 2 ch 118 S 2)
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Article 8, Miscellaneous Provisionse 165
Section. .
345. Bonded indebtedness for school construction350, Bond guarantee fund .
Sec. 29.58.345. Bonded indebtedness for school construction.
A home rule city levying property taxes for schools, upon furnishing proof satisfactory to.theDepartment of Education and the Department.of Community and Regional Affairs of the need forschool facilities which, if provided, will require the city to exceed limits on authorizing or issuingbonds which may be established by charter, may exceed the limits to the extent necessary to paycosts of school construction, In 'this section "costs of school constructioq" means costs as definedin AS,43,18.100(g)(2), (Sec 1 ch 137 SLA 1974)
Sec. 29.58.350. nd gurirenteefund., (a) To guarantee pay ent by the state of the principal and interest of bonds issued under the
enabling authority of sec. 340 of this chapter, there is In the Department of Community andRegional Affairs a special fund called the local school bond guarantee fund in which there shall bedeposited all money appropriated by the legislature for the purpose of the fund and other moneywhich may be made.avallabie for the purpose of the fund from any other source. MOney in the fundshall be held and applied sotey to further guarantee and providean aildiVonal pledge of payment ofall. bonds issued under the provisions of sec. 340 of this chapter. Money shall not be withdrawnfrpm the fund if a withdrawal would reduce the amount in the fund to an amountmual to less thanthe "maximum debt service reserve" (as defined in this section), except for parrient of interestthen due and payable on bonds and the principal of bonds then maturing and payable and for theretirement of bonds in accordance With the terms of a contract between the municipality and itsbondholderi and for the payments on account of which interest or principal or retirement of bondsother money is not then available 'in accordance with the terms of the contract. In this section"maximum debt service reserve" means, as of any date of computation, the largest amount ofmoney required by "the terms of all contracts between municipalities. and their bondholders as tobonds issued under sec. 340 of this chapter to be raised in any.succeeding calendar year for thepayment of interest on and maturing principal of outstanding bonds and payments required by theterms of the contracts to sinking funds established for the payment or redemptibi) of the bonds, allcalculated on the assumption that bonds will cease to be outstanding after the date of thecomputation by reason of the payment of bonds at their respective maturities and the payments ofthe required money to sinking funds and the application_ of the mosey in accordance with tee termsof the contracts to the retirement of-bonds.
(b) Money in the guarantee fund at any time in excess of the maximum debt service reserve,whether by reason of investment or otherwise, may be withdrawn by the department andtransferred.to the general fund. ;. I 4
(c) Money at any time in the guarantee fund may be invested in any direct obligation of, orobligations as to which principal and interest is guaranteed by. the'United Atates, the state. br apolitical subdivision, .
(d) For purpbses of valuation, investments in the guarantee fund shall be valued at the lowestof the par value, cost to the author4ty, or market value of the investments. Valuation on any
.. particular date shall include the amount of interest then earned or accrued to that date. on any.. money or investments in-the fend.?
(e) Other provisions of this section notwithstanding, no bonds may be issued carrying theguarantee provided in this section unless there is in the guarantee fund the maximum debt servicereserve for all bonds then issued and outstanding and the bonds about to be issued, but nothingprevents or precludes a municipality from satisfying the foregoing requirement by depositing somuch the proceeds of the bonds about to be issued, upon their issuance, as is neededta achievethe ma um debt service reserve, ... .
(f) order to Julius the maintenance of the maximum debt service reserve in the guaranteefund, there.it authorized to bkappropriated annually and paid to the authority for deposit in thefund, the sum, if any, that is certified by the commissioner of community and regional affairs to thegovernor as necessary to restore t e fundlo an amount equal to the maximum debt service reserve.The chairman Shall annually, belt) December 2, deliver to the governor his certificabastating thesum, If any. required to restore the und lo that amount, and the sum so certified is authorized to -
......,..,,,.z be apprqpriated and paid to the fund deg the then current state fiscal year. .1 ' (g). Nothing in. this, sectro be considered Ito cause Bonds, payment. of width is 40
-.guaranteed from.rnooey in the fund established under this section, to be in any way a debt orliability of the state or any political subdivision of the state other than the political 'subdivisionissuing the bonds, and the bonds, whether or not payable from the maximum debt service reservecreated and established under this section, shall not create or constitute an indebtedness, liability orobligation of the state or be or constitute a pledge of the faith and credit of the state, (Sec 1 ch 137 ,SLA 1974) ..
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Chapter 68, Alteration of Boundaries
Sec. 29.68.020.. Annexation of %ilitary reservations. A military reservation may be annexedto a city or borough in the same marsffer as prescribed for any other territory under sec. 10 of. thischapter. If a city within an organized borough annexes a military reservation underothis section. theterritory encompassing the military reservation automatically is annexed to.the borough of whichthe city/a part. (Sec 1 ch 32 $04 1973: am Sec 8ch,72 SLA$1974)
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Title 35. Public Buildings, Works, and improvements,
Sec. 35.10.0. Architecture ter /nations. The Department of Public Works isArchitecturefor preparing and p ulga ng regulations governing the construction of public
buildings and facilities by or for state; including the University of Alaska. and its politicalsubdivisions to insure that the - public buildings and facilities are accessible to, and usable by. thephysically handicapped. The regulations of the department shall conform as far as it is feasible tothe publication entitiqd "American Standard Specifications for Making Buildings and Famine<Accessible to and Usable by the Physically Handicapped" or any amendments to this publication as
Aproved by the American Standards Association, incorporated, under the sponsorship of the'National Society for Crippled Children and Adults and the President's Committee on Employment
of the Physically Handicapped. (Sec 1 ch 119 SLA 1966; am Sec 1 ch 48 504 1972)
See. 35.15.080. Local control of slate public works projects. (a) A municipality or, if thepublic work is an educational facility. a regional educational attendance area established under AS14.08 may, by resolution of its governing body, request the assumption of all of the department'sresponsibilities relating to the planning and- construction of a public works p 'roject of the statewhich is to be located within the boundaries or operating area of the municipality or regionaleducational attendance area and which would otherwise be constructed in the ries provided insec. 10 of this chapter. After receipt of the recjuest, the department
(1) .shall provide for the assumption by the municisality or1ragi al educationalattendance area of all of the apartment's responsibilities relating to nifig, design andcoppructir of an educational facility;
. (2) may provide by agreement for transfer to and assumption by the municipality of the, epartment's responsibilities relating to the planning, design, and constructiOri of a public worts
reject, unless the commissioner determines that assumption of responsibilities by the municipalitynot practicable or not in the best interests of the stale.,
or. . If the commissioner of transportation and p(rblic facilities determines,that assumption ofponsibitities by a municipality under (a) (2) of this section is"not piacticabie or not in the bestrests of the state, he shall notify th0 governing body of the municipality of his finding rid"fy reasons for it. If the govxging body requests reconsideratidn of ti decision, he shall hold a
tango the municipality in 30 days following mailing of the requkt. Following the hearing.he may affirm, modify or reverse his initial decision and shall specify in writing the reasons.
(c) A municipality may request joint 'ssumption of responsibilities with the departmehtrelating to the planning, design and construction of a public works project. kregionareducational ,
attendance area may request joint assumption of responsibilities with the department relating to theplanning, design and coast:oaten of ant educational facility. Two or more municipalities or regional dereducational attendance areas may by mutual agreement provide for cooperative apumption ofresiconsibliities relating to the planning an4 construction of a public worte project. If two or more"municipalities or regional educational attendance areas request_fflumption of responsibilities for aproject and meet the standard of practicability set out In .(a)(2) of this section, the commissionershall lsdeterinine which municipality' or regional educational attendance area is best a6)e to direct
,PlafiriTh9. design. said construction of the project and enter into an agreement with thatmunicipality or regional- educational attendance area, of provide for joint or cooperativeadministration, as the parties may agree o4 the commissioner may determint Decisions Of the
:- -commissionettuider-thitsubsection are-final .
(ern Sec 6 SLA1978)
.(d) Provisions of this title gpverning planning, design, and construction df public works by
the departmentand regulations adopted under the provisions, govern the administration of projectsassumed liy.a m, Silty qs segional educational attendance area under this section. For that
t purpose e the Pr aukcside any,. conflicting Arabians of ordinance or charter of a
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(e) An organlzed borough may plan and construct public works under this section and makean agreement with the department for that purpose irrespective of restrictions of other provisions oflaw on the acqusition and exercise of borough powers. Borough exercise of the power conferredunder this subsection does not pr6cludo exercise by a city of the bbrough of the same power withinthe city.
(f) To carry out the purpose of this section, the commissioner of transportation and publicfacilities shay adopt regulations relating to the application for and the making and the conditions ofagreements and the local assumption of responsibilities for the planning, design and construction ofpublic works under this section. He shall include in grant contracts terms and conditions requiring aregional school board and its contractors to adhere to the provisions of AS 36.05.010 with respectto the payment of wage rates on construction projects, and AS 36.10.010 with resptct toemployment preference, and may require different terms in agreements for different projects tomeet local conditions and unique requirements and to assure compliance with the public facilitiesprocuremen't policies developed by the department under AS 35.10.160 35.10.209. If necessary.the commissioner may require as a condition of an agreement approval of the agreement by thefederal government. Regulations adopted, amended or repealed by the department under thissection which. relate to 'educational facilities shall be developed In conjunction with the AlaskaAssociation of School Boards and the Alaska Association of School Administrators and reviewed bythose associations before final action on the regulations is taken by the department. (am Sec 7 ch147 SLA 1978)
Sect 35.15.090. Use a appro*iated funds. Upon assumption by a municipality or regionaleducational- attendance area of the department's responsibilities under sec..80(a)(1) of this chapter,or upon execution of an agreement under sec. 80(a)(2) of this chapter; stage funds appropriated feya public works project which is the subject of the assumption or the agreement shall be transferredto a special. account in, the state treasury. A municipality or regional educational attendance areaadministering the-project uncle!' the assumption or agreement may draw on the account for costs ofthe project, under fiscal control of the dePartment. if an agreement provides fgr joint ofcooperative administration of the project, payment of 'costs shall be made to the party incurring thecosts. (am Sec/ ch 147 SLA 1978)
Sec. 35.15.100: Responsibility of When a municipality or regic;al educationalattendance area has assumed responsibility f r a public works project in accordance with sea. 80120 of this chapter, the department is ref ed of responsibility to the extent it is aslomed by themunicipality or regional educational nce area. The department may provide technicalassistance on the responsibility assumed if requested to do so by the municipality or area and Shallbe reasonably compensated for that assistance from the account established under sc. 90 of thischapter. (a0 Sec 1 ch-51SLA.106).,
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Sec. 35.45.110.. Titits..40-440;i114.. 05mplollon of project. (a) Title acceptable do Viedepartment toa suitable ti6ifettfiteiskaltlitvested in the state before work is begon on the site,except that, if the project involves construction of an eidcational facility. *idea sufficient interestdetermined acceptable by the departifient to an approved site (or a school iluilding shell be vested Inthe municipality. the regional educational attendance area or the state-before advertisement for bidsgr initiation of construction Contract negotiations.- (arrt Set 9 ch 147SLA 1978)
* (b) Resp.ortibility for maintenance Of the project shall established kettle original contractagreement. The depart mentsliall paiticipate in the final inspection of the project and approve-Ofthe final documents on the projea: (am sec 1 ch 57 SLA 19k2)
St
Sec. 35.15.120. Definitions in secs. 80 120 of this chapter'
r (1) "construction'"or any. derivative 1 the term "construct" means, in addition to themeaning given in AS 35.25.020. se!ecfTng and acquiring a project, site and necessary.
. rights-ohway IN Venseritsw.behalf the state, providing for and connecting to utifiiierand blinding, suPervising iiiiMpecting the puplic works Object;
a
(2) "0:111inrfl9 ixidia'irite:ins in "the case, of amunicipality, its assembly or coddle and,in the case of a teedhatideicational attendance area, its regional school b'earib
.(3) "municipality!" means 1. lenrar taw or home rpie city or organized borpugh,including but not 1i/silted a- unified municipality, organized under AS 29.68.240
.
(am( isc 1 ds 57 SLA 1176) -.
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Sec. 36.27.020. Art requirements for public buildings and facilities. (a) Pia ns _for publicbuildings and facilties constructed after June 30, 1975 and for remodeling or renovation afterJune 30. 1975 where the total cost of the remodeling or renovation is $250,000 or more shallcontain provisions for the inclusion of works of art including butgrot hulked to sculptures, paint.in". -murals, or objects relating to Native art. ,
(b) The department, before preparingplans and specifications for publidworIcs and facilities,shall consult with the Alaska State Council on the Arts regarding the desirability of inclusion ofworks of art. 4 .
(c) At least one per cent or, in the case of a rural school facility, at least one-half of oneper cent of the construction cost of a building or facility approved for construction by the legisla-ture after the enactment date of this chapter will be reserved fir the following purposes1/4 the de-sign, consiruction, mounting and administration of works of aft in the public building cfr publicfacility. (Sec. 2 oh 96 SEA 1977)
(d) Public buildings and facilities with an overall construction cost of less than $250,000are exempt from the requirements of this chapter unless hid of works of art'in their designand' construction is specifically authorized by the department.
(e) The artist who executes these works of art -shall be selected by the architect. fbr thedepartment with the approval of the department, after.consultation with the Alasks State Councilon the Arts and the principal user of the public buildings or facilities. (Sec. 1 ch 54 SLA 1975)
(f)) The artist who executes these works of elfin the public schools shall be selected by thesuperintendent of attheol district in which a public school is to be built with tMr approval of tbeschool board. Sioula the department find in the best intereit of the state that the selection o4 theartist who executes these %exits tdrart.by the superintendent nay result in a cost overrun to thestate or delay of construction. the department shjlt make the selection of the artist in consultationwith the superintendent. (Sec. 1 ch 965LA 197n
(g) The architect, superintendent, department, and the Alaska State Council on the Artsshall encpurage the use of state cultural resources in these art works end the selection of Alaska
- resident artistrfor thcommission of thew art works. (Sec. 1 ch 96 SLA 1977)
o
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, . li, . . -.Title Xe NOM Cohtracbr \
Set. 38.10.010. 'Employment preference. In the performande of contracts let by the state, apolitical subdivision of the state, or a regional school board with respect to an educational facilityunder AS 14.08.161 for construction, repair, preliminary surveys, engineering studies, consulting.maintenance work orany other retention of services necessity to complete any given project. 95per cent residents shall be employed where they are avails le and quadded. If 10 or fewer personsare employed under the contract,' then 90 per cant resid is shall be employed where they areavailable and qpalified. th ail.cases of public wcicks projects, preference shalt be given to residents.In an era which has been designated ei an area impacted by an economic disaster,sesidents of thatarea shall be given employment preference as provided in AS 44.33.290. followed by other residentsof the state. (am Sec 4ch 1317 SEA 1978)6%et .- . . 4.
495.010. (3) "public construction" or "pubdc Ono" means the lorseitefiel(1 surveying,erection, rehabilitation, alteration, extension or repair, including painting or redecorating buildings. -highways or lether Improvements to real property under contract for the shdoe a eonticar
- . . .....bclivision of the state, or a regional school board with respect to an educatianal-facility under AS
...
r" (am-Sec1:16,ctr14-7 StA-1978) - - - .- - *.
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Title 37. Public Finance.
169
Sec. 37,05.305. Applicability to lJniversity of Alaska.' The commissioner of administrationmay delegate the performance of the functions under this opts( akihey. relate to the universityto the Efoard.of Regents of the University of Alaska and set :5ut the criteria and' guidelines whichshall be followed: the commissioner shall direct necessary stipulations and exercise Monitoringresponsibility for.conformanct throughthe Board of Regents of the Uriiversity of Alaska. (ain Sec_5 ch 46 SLA 1977)
Sec. 37.05.320. Definitions. lit this chapter
(2) "state agency," "agency.' "department," or similar term means a department,officer, institution, board, commission, bureau, division, Iztoher administrative unit formingthe state ,government, and includes the Alaska Pioneers' e and the University of Alaska.(am Sec: 6 ch 46 SLA 1977)
-Sec. 37.07.120. Definitions. In this chapter
(1) "agency" means a department, officer, institution, board, commission: bureau,of other administrative unit forming the state government and includes the Alaska
Pioneers',Home and the University of Alaska, buedoesmiot include the legislature or thejudiciary. (am Sec. 7 chA6 SLA 1977)
*Sec. 37,10.088. Department of Administration authorized to make achiarker 4University. (a) Daring any fiscal year the dijortment bf Administration may make adva to theUniversity of Alaska against verified receivables from appropriations for grants and contracts fromfederal .pr private sources of.the university and upon condition that the university reimburse thefund for these advances from funds received by the univers from federal or private sourcesaheadvances mair not exceed 80 pet 'cent of the verified' receivables from grants and cootracts.appropriated from federal or private sources.. .
_*
, (b) Until 'June 30, 1980, the total ofadvances in any fiscal year may not exceed 2'0 per cent ,of the total Qj grants and contracts from federal and p&ate sources appropriated to the universityfor that fiscaTyear. After Juns.30; 1980. the total of aSince4 in any fiscal year may not exceed 10per cent of the total of grants and contracts from federal and private sources appropriated to theuniversity for that fiscal year. The amounts advanced in any Ilse* year shall be repaid in full to thedepirtment within 120 days following thedose or that fiscal year. If the recefilment s not made ona timely basis, the department may withhold .amounts due from state fund appropriations.for the
. university. #
(em Sec 1 di 79 SLA 19711)
.(c) The commissioner of Administration shall submit a quafterl&re(frt of all adeances nd
reimbursements under this section to theLegistativia Budget and Audit Committee.,
(d) The department shall establish the procedure for making advances taithe universcty andfor securing-reimbursement from the tiniversity..
(run Sec 8 d146 SLA 1977)AG
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Article 3. Public School Fund
Sec. 37.14.110, Public school fund established. (a) There is established as a .separate-fundthe public school' fund i
"b) The principal ofthe fund established in (a) of this. section consists of :(1) the Balance of the pull! boot permanent fund on July 1,1978; and
(kr Sums transferred anger sec. 1 ok this chapter. t\
. -(c) The incomeOf the fund created in (a) of this section consists of the interest and dividends
earned frbm investments of the.principal of that fund under-sec.170 faith.
chapter. ."' t -
See. 37.14.120. Public school fund ackisory boarcreated. (a) -There is created in tlfeDepartment of Revenue the Public School Fund Advisee/ Board composed of the commissioner ofthe Department of Education, three members elected by the Board of Education from among itsmembership, and the commissioner of the Department of Reveille.
(bj The board create in (a) of this section shall elect a chairman front the membership of theboard; Members serve wit out compensation but are entitled to per diem and travel expensesauthorized by %w for other boards.
. .
1;SC& .14.130. Powers- and duties of boards. The board created in sec. 120 of this chapterhas the following powers and duties:
(1) to hold regular meetings and'rpecial meetings considered necessary;.(2) go have prepared -an annual accounting of the principal and income of the fund
7esiablished in sec:110 of this chapter; and
(3) to prepare lng-rane investment plans for the fur.d established in seill Of this.
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Sac. 37,14.140. fund utilization. tile principal of the fund estabrd in sec. 1104f this i. .
raluft.
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chapter shaiJ be retained iy the fund fa; investment as specified in sec., 0 of this chapter. Theincome of the fund may riot be appropilated for a purpose oilier than for the Support of publiceducation prOgrams. '
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sec. 37346150. Contributions. During each fiscal year the commissioner of thcDepertmentof_ Revenue shairtransfer to the fund created in sec. 110 of this id-mister a sum equal to orehalf ofon cleper cent of the total receipts wed from the management of state land, including amountspal to the state as propel* of sale or annual rent of surface rights, mineral lease rentals, royalties,royalty sale proceeds. and federal mineral revenuesitarina payments 'or bonuses.
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' Title 38. Public Lands..
4 -Set. 38.95.60. Exceptions...
(a) the sale, lease or o r disposal of schoollands under the jurisdiction of the department.shall be made by the comrpis ner in accordance with the provisiont of this chapter. HoWever,disposal of school lands uncle this subsection. other than disposal by lease for a term of years,shall be made only for sites4 r school facilities or for public park and public recreational purplises.School lands may be ged for (1) state lands. (2) vacant, unappropriated And unreservedpublic lands and (3) lands owned by a city, boroirgh or other public entity. In the case of unequal
"z values. cash may be used to equalize landvalues. When the department determines that it is in thebest interest of (he state dispose of the school lands located within Section 16 anc136 in anorganized borough or city f any class, the borough or city is authorized, and hai preferenceafor sixmonths alter notice, to quire the land at the appraised value by purchase or exchange of janch.,accepta,bte' to the department. No sale, lease. exchange or oftler disposal of school lands may bemade without the approval of the State Board of Education. The state Board of Education shallact as a trustee of 'school lands. The board may retain private counsel or other professional assis-tance when necessary to carry out its duties as a trustee. (Sec. 3(a) (d) art XIII ch 169 SLA1959; am Secs. 20,21 eh 61 SLA 1960; am Sec. 1 cli 27 RA 1967; am Sec. 1 ch 253 51.4 1970;am Secs 1.2 ch 35 SLA 1971; sin Sec. 2 ch 267 RA 1976) . ...
Sec. 38.05.932 School lend disposition Iliogeduree.J
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(a) Before the sale, lease or otherdispovl of school land, the director shalle ... .
(1) cause (he preparationof a development,plan which adequately describes theSnarinerin which the land will be developed or utilized; howiwer, no development plan is required filean exchange of school land to a public entity; .. .
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(2) make'notice under Sec. 345 co this chapter of the propo development plan,,stating that a disposatof the land for sisr:h use is under consideration;and that interested -persons may *mks comments and submit alternative proposals for development -wig 'use:.within 30 days-of the last publication, of notice; and
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, (3) notify rnuilicipalitiat asprovided in `Sec. 305 of this -chapter id-the same limenotice is published or kosted under (2) of this subseCtion; no hirther nottee to munieipalities 'need be give6 at the time of disposal.. .
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, . . '(b) Sri the case of school land to be disAosect of within mtglicipilities, no disposal may be
made until the municipal.plagning authosity has held a public hearing on developrnerit)Mens-andapplications relatim to the ling to be disposed of: The director shill make development-plans andapplications available to municipal plintiint authorities for this purpose. No disposition-6f 'land -may be made sooner than three weeks after a hearing.held under this subsection. (Sec, 4th 257SLA 1976)
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Sto.38.05.070, deneilhe ( Leasing of lands other ,than for the extraction of riaorrairesourons.), -. :
(c). A lease may be issued for a perioitup to 5S years, if it appears rs to liein the best intereilsof the state and if .the'odmmissioner approves. .If the commissioner determines that the tend or a;part of it which is the subjeit of a grazing tease is not-being Used for the pUrpose issued; thO lease'may be declared void. However, a nonrenewable lease for schaoLlands may beissued fgLeperiodnht to exceed 99 Wars; (Sec. 1 art V di 160 .§ 959; arntec.4195g;, am Sic 17 direl SLA1960; .am Sea. 1 di 71 SLA 1966; am Sec. 2 $1.:A19/9). -
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Title 39. Public Officers and Employees.
hapter 05. Oualificadons, Appointment, and Tenure.
Sec. 39.05.010. Repealed. (Sec 29 ch 208 SLA 1975)
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Sec. 39.05.080. Arpointment qualificetio*, and terms of office ,,of members of2, ilepartmentel boards, councils, or commissions.
-(a) Each member of the-following shall be a citizen of.the United States:
(4) Local Boundary Commission;
(2) *Alcohdlic Beverage Control Board;
(3) Employment Security Advisory Council;.
\.' (4) Alaska State Housing Authority:
(5) Board of Fisheries;
(6) Board of Tourism;
(7) Co*mmission for Northern Operations of Rail Transpostatron and3/4lighways;.- (8) Repealed by Sec 36 ch 124 SLik 1975;
(9) the Governor' ra inis#on onthe, involvement of Young Plop's in Government:
410) Board of Ga s
(b) The governor,shall appoint, each rrieniber on the basis of inter t in public afflirs3oodjudgment; knowledge and ability in the field of action of the department or which appointed. andlroith a view to prividing diversity of interest and points of view in the embership. Appointmentsare subject to confirmation bilinalority of.t,he members of the legislature in joint session.
o(C). initial appo)ltrnents bf members antes follows:.
.0) in the case of. three-mereber boards, Tor one. two and three years;
(2)' in the case of five-member boards, for ones two, three, four and five years:1 t . 13) in the case of sixmember boards, two members serve for oneiyeae, twofor two
. , pears, and two for thrite years; . . / ,.
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- ! (4) in the case of eightmember tioards, two- nierribtiFs senrelfor one. year, two for two. ayears. Woo for three years, and two for four year's;
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(5)ein the case of 10member boards, two inergkers arve for one Year. two for two* Ilyears. two for thretyears; two for foul years and two for fiveAirs. .
,....: (6) in thp case of seeen:member boardi, Arlo members selyg;for one year. two for two' yeart, and three for ihnre years.. s *P . Isb
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a .... . (d) Inittal terms date-from February 1 before appointmelit. 4 Vacancy occuring during aterm of office is filled in the same manner as, the original appointment is made and for the balance". ,of the unexpired term. Each membef holds office at the pleasure of the governor botwitiastandingthe member's term. (Sec 6 bb 64 SLA 1959; am Sec 2 ch 34 SLA 1960; am 2.ch89 SLA1964: .am Sec 2 ch 99 SLA 1967; am Sec lesh 96.S LA 1967; am Sec 1 ch 107 SLA am Sec30 ch46 Sidt 1970; am Sec 2 ch 121 SLA 1971:Sin Sec 36 ch 124 SIDN 1975; 3.4-36 ch 206
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Sec. 39 05 150. Repeated. (Sete ch 237 SLA 1970) %4
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Chapter 25. State Personnel Act.
Sem,39.26.110. Exempt *emit°. ....\" e,'
. (8) certificated teachers employed by the state to teach in schodis operated by jhe state:
.(14) the efrectdive officer of the Neale Commission on Postriondary:Educaticin. (Sec31 ch 46 SLA 1970; am Sec 18 ch 78 SCA 1074) , _
. ( t a) certified teitcheis and-noncertified employees employed by a regional educationalattendance area established and organized under AS 14.08.031 14.08.41 to teach in,_Iciminister or operate schools under the operation, control and management of a regionaleducational attendance area school hoard.. me ..
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Sec. 38.50.620. Report of Financial and Busigat intereins. (a) A judicial officer.commissioner, chairman or.member of a state commission or board specified in sec. 200(9) of this
-, chapter, person hired or appointed as head or deputy head of, or director of a division within, adepartment. in the executive branch, person appointed as Assistant to the governor, and a municipalofficer, shell file a statement giving his income sources and business interests, under oath and onpenalty Of perjury, within 30;days after heekes office as a public official. Candidates for stateelective office 'shall file such a statement at the time of filing a declaration of candidacy or within30 days of the filing of any nominating petition, or within 30 days of becoming a candidate by anyMlle means. Candidates for elective municipal office shall file well a statement at the time of filinga nominating petition, declarati6n of candidacy, or other required filing for the elective municipaloffice, Refusal or failure id ffie within the time prescribed shall req"uire.that the candidate's Minifees, if any, and filing for office berefused or that his previously accepted filing fee be returned andhis stains removed from the filing records. A statement shall alsobe filed by public officials noisierthan April 15 or 1.5 days after the person fileshis 'federal income tax return in each following year,whichever shall come first. -Persons who, on of after December 11, 1974; were members otboardstor commissions not ,narrietl in sac. 200(9( of this chapter are not required to file financial-statements.
(b) The governor, lieutenant governor, members of the legislature, and candidateslfor theseoffices, judicial officers, each commissioner, head or deputy head of, or director of a division
. within, 'a department in the executlee branch, assistant to the governor or chairmen or member of acornaiission or board required to report under this chapter, shall file the statement with the AlaskaPublic. Offices Cornmtssio4 Muoicipal officers, and candidates for elective municipal office, shallfile with the_munkipal clerk or other municipal. officialdesignated to receive their filing for office.All Itatementt required tote filed under this ch*ter are public records. Statements filed with thelieutenant gOvemor,, adidinistrator of courts or the Alaska Legislative Cooncil under AS39-50.020(b) before the effecthre date of this Act shall be transferred tthe Alaska Public OfficesCominission for filing under AS 39.50.050, as amended by this Act.
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.1 ..ents.Spc.39.50:030. 'Conten. ts at statem
. , .., ....- _ (a) Each stetement shell f* an accurate repieserdation of the financial affairs of the public
. - official ;or candidate and shall contain the same inforMation 'for each member of hit family, as- , specified. in (b) of th,ittfection, ,to the extent that it is ascertainable by the public official or
candidate. An asset or liability under $500,1household "goods. sand personal effects need not tte .
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(b) Factistatement.fded by a public official or candidate under this chapter shall include: o
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,#(1) iheAurceorall income over $100, including capital gain's. whether or not taxable,redeivedbyhim or his spouse or depentleni child of his or nondependent child of his who-is living.
.." . with ._ Lil nint,-daring the preceding calendar yeah.. . . , .
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(2)- the identity, by name and address of each businesses in which he or his spouse or--" _-7"ifeperefent child of his or nondependent child cf his who is living with hid.) was a stockholder,"
owner. officer. director, partner. proprietor, or employes distill the preteding.calendar year;
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, (3) the identity and nature of each interest owned by him or his spouse or dependent,
., child of his of nondependent child, of his who is living with him, in any business during the -,
--: - preceding madder yeqr; , * . -.. '.a. , . 1
. , 4, 1 ."4 (4) the Identity and nature: of each interest in real prop*, including an option to buy.
". mined by hi r hls-spouse or-.dependent Child of his or nondepadent child of -his who is livingwith him, time during the preceding calendar year;" .
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' ' -.= 5) the'. idAritIty of skit trust or other fleticiai relation in which he or his spouse orii- -
-: - *-_ dependent child of his or nondependent cited of his vho is 'king with him. held a beneficial interestb .0. A. .. diking the preceding calendar ,year, a diacripition_and.identification of the property -contained in.. . each trustor relation, and the niatrie amivitent of the beneficialinterest in it.
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. - ...(6) Anyloan Qr loan guarantee Made to him or himpouseor dependent child of his or., -riondepench*thild of his who is living with 'him, and 00160* of the maker of the loin or loan: 7:-..--guireittovand-thelidentity.,,oteakh.cotlitordt who.mtuLothia *List re, gepencissit childof hit or ....
!..,...-,- - .....- I-- slondepindenteldid-Whil whorejlivisig.with hinvewid.$500 or more; ' . ...
....14- .. . ;.. ' -V) ' that O-1 ellcontratits and offers to- tertian with tite.state. or an instrumentality of
"--':`'-`7:'---- '." -- -1 - -the Va.rai 4011010:011lcading 044g-roar. hill, bid or offered by him, his spouse, dependent-.-- 7..." ---...7... . -*- -. "OW- CePiliSx0;:thalideintridetit Citifit- af: h s ivhb. is living. with him, NS pother or father or a
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.eftherfliiPorM64§natcorpgratiO9 of TO hels.a-rnemheViir,g tirboration DI which he or his........--- . -, - . - .. '",...
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(8) a list of all mineral, timber, oil, or any other natural resource lease held, or leaseoffer made, during the preceding calendar year by him, a dependent child of his or nondpindentchild of his who isliving with him, his mother or father or a partnership or professional corporationof which he is a member, or a corporation in which he or his spouse or his children. or acombination of them, hold a controlling interest. , . -
Sec. 39.50.035 Exernptiess. No person subject to thjs chapter is exempt from any of itsprovisions except to the extent state courts determine that legally privileged professionalrelationships preclude completeCompiiance. (Sec 5 ch 25 SLA 1975) 0
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Sec. 39.50.040(a). Blind trusts. .
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(a) A public official may transfer all or a portioh 4f his assets to a blind trust for the durationof his seivice in public office. The original assets placed in the blind trust shall be listed by the
tr official in the statement required to be filed under this chapter. The instrument creating the blindtrust must be included with the statement (Sic 5 ch 25 SLA 1975). a
Sec 39.50.050. Administration and inspection.4.:
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(a) The Alaska Public Offices Commission created under A$ 15.11820(a) shall adfninisterthe itrovisions of this chapter. commission shall prepare and keep available for distributihn,standacd forms on which the orts required by this chapter shall be filed.
, .(b) The commission snail promulgate regulations to implement. and interpret the provisions
of this chapter. regulations* interpretation shall be within the intents and purposes of this chapter'and are subject to judi review In accordance with the provisions of the Administrative ProcedureAct (AS 44.62). g
s
At 'Sec. 39.50.080. lit, for-Wilful Violation of Disclosure R manes. (a) A pe n
squired to file a reportipf financial orbusiness interests under this apter refuses rknahIngly fails to diselosl required informs ion within the time required' ap . or
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rovides false or misleading information, owing it to be false or misleading. is guilty of amisdemeanor and upon conviction is ble by a fine of not less than $100 nor more than$1,000, or by impryonment for a of not more than six months, os by both.
" I '. (b) Any person failing to or refusing to comply with the requirements of this chapter. in
dition to 'the penalties prescribed, shall forfeit his nomination to office and shall not be seated orailed in office if he has not complied. Nominated, hired,.or appointed officials. conimissioners,
chaimsen at members of commissions or boafds specified in sec. 200(9) of this chapter shall not be4 confirmed by the legislature if compliance has not been made. In the Case of elected officials, the
lieutenant governor, or opt" certifying authority, shall not certify a person'i nomination for officeor his election to officelf compliance was not made within the -time required. The nomination tooffice or election to offiCe shall be' certIfjed to the highest vote ghtter for that nomination forthatoffice or election to that office who has complied within the times required and who shall be .declared nominated or elected. (Initiative Proposal No Z Sec 1 Dec 74; am Sec 9 ch 25 SLA 1975)
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, Sec. 39.50.070. Pallas to Report by Ilepartnient, Division, or Deputy Department Heads. Aperson hired or appointed as the head or deputy head of, or director of a division within, adepartment in the executive branch who refuses or fails to file a report of financial interestsrequired under this charger wen due may not hold office or have his name submitted to the. .
legislature for confirmation uhf 7 hgcomplies. He may not be confiim*hired, kappointed. and. .
-t--- he-forfeits and may not be paid any salary or per diem and travel et,enses until he complies.. if;after Installation as the head or deputy head of. or directorrit a division within, a department, he
, refuses.9r fails to'file the required statement when due, he is gUilty of a misdemeanor and uponConviction Js punishable by a fine of not less than $100 nor more than $1,000 and shall be removedfrom office if compliance is not madeirrithin 30days after the due date of the report.
(Initiative proposal No.2, Sac Mee 74;am Sec gch 25 SLA 1975) --,....
.0 Sec; 38,80.080. Failure-to-Report By iCommission or &ford Chairman orifiemterr, A persons hired or appointed as a commivioner, chairman or member of a state commission or board specified
AS in sec..200(9 of thb cliapter.*, fails.Io file a report of financial interests required under' this_ .- _cniptes whets due -ph* not holia office kr -have his nein* submitted -to- the legislature until he ;-
compliescomplies. fie may hot be. cegismed, arid he forfeits and shall not be paid any salary or periliem ortravel expenies until he tompfies.,14.aftet beineseatedis.Commissioner, chairman of member of 'such conimision or board he misses 6r fails to file the required stateiiient when due, he is gifiltyof a mitdomepor ice:09n convittionts punishable by a fine of not less than $lo Roe more than$1,000 And shall, be reMoired from of6colfscompliance is not made within, 30 days after the due
.. " :date,, (lidtiatiee Proposal NO 2, Set ii ain Sec,11 ch 26SLA-1976).1; . -
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Sec. 390.090. Prohibited Acts. (a) No public official may use his official position oroffice,for the primary purpose of obtaining firiancial gain for hiMself, or his spouse. child, mother, orfather, or business with which he is associated or owns stock. .
(b) person may offer or pay to a public official, and no public official may solicit orreceive money for legisletive advice or assistance. or foi advice or assistance given in the course df
the official 'II public employment or relating to his public employment. However, -
this prohibition does not apply to a chairman or member of a state commission qr ' -board or municipal "officer if the eubject matter of the legislative advice or .assistance is not related directly to the function of the commission, board, .ermunicipal 'body served by the municipal officer; /this exception from the generalprohibition does not apply to one whose service on a state commission or boardconstitutes him a full-time state employee under AS 39.
(c) No.public official may represent a client before a state agency for a fee. However,this prohibition does nel.aPply to 'a municipal officer, or chairman or member of6m Or 0 astate commission or hositexcept with regard to representation before his owncommission or board; tfi exception from .the general prohibition does not apply tobile whose service on the commission or board constitutes him a-full -tiala.sehte
employee under AS 39. -V
(d) Violation of this section is a misdemeaner, punishable upon conviction,by a fine of notless than $500. nor more than $2.000, by imprisonment up to one year, or by both.
(e) In this fection,r;"public official' includes. in addition to the persons specified in sec.200(1) of this chapter. chairmen and,, embers of all commissions and boards created by statute oradministrative action as agencies of the state.
(f) No municipal officer may represent a client for a fee before the municipa! body which heserves.
(Initiative Propoil No 2, Sec 1; am See 12 ch 25 SLA 1975: am Sec 1 ch 40 SLA 1975: am Secs 2, 3th 211 SLX1975) I.
Sec. 39.50.110. Report of Financial] Interests of Juditial officers Each judicial officer asdefined in sec. 200(2) of this chapter shalt file reports of financial and businbss interests required bythis chapter. A judicial officer who refuses or fails to die a report when it is due forfeits and may r.
not be paid his Salary. per client, and travel expenses after the due date, until he complies, and isguilty of a misdemeanor andupon conviction is pitnishbblif Isjilliftizrniffennair $100-norrnorethan $1,000. He may not be appointed by thb governor or other authority until he tomplies. Uponfailure or refusal to comply within 30 days of the due date, he forfeits his office and shall beremoved from office. (Initiatilre Proposal No 2Sec 1: am Sec 13c11445 SLA 1975)
Sec, 39.58:121. Report of Financial Interests of Legislators. !..tch legislator shall .file the -;sports of financial or business kfterestsrequired by this chapter. A leetslelor who refuses or failtofile the report when due forfeits and shall not be paid his salary and per diem and travel expensesafter the due date until he complies and. is guilty of a misdemeanor an4 upon conviction ispunishable by a fine of'not less than $100 nor more than SOM. (inithithie 'Proposal No 2, Sec 1;am Sec 14 ch 25 SIA 1975)
Sec. 39.50.130. Report of Financill interests of Governor4 andLieutenant Governor. Thegovernor and lieutenant governor .shall each file a report of financial interests required by thischapter. it the governor otlieutisnant governor fails to file the report when due, he forfeits and maynot be plid hft salary and per diem and travel expenses after the due data and-until lie complies, andis guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor .more than $1,000. (Initiative ProposaiNo 2, Sec 1; am Sec 15 ch 25 SLA 1975) '
See. 39.50.145, Pa ticipedon by Municipalities. A municipality may exempt its)itunicipalofficers from the requirements of this chapter if a majority; of **voters voting on the question atany regular election, as defined, by AS 29.78.010 (14), or a speciaimunicipalitywride elections, voteto exempt its municipal officers ram the requirements of this chapter. The question of exam wonfrem the requirements of this chapter may ksubmitted by the city council or,horou fitlyby ordinance or by initiative ordinance (Sec -I Aeh,25 SLA 1975;ein Sec 1 ch 211 SLA..
Sec. 39.50.180. Initial FilingDate for Public Officials.- (a) Every person who a:publics . official as. defined In this chapter, ssr a public official...led ort December 11, 1974 an file the
Astatements required by this chapter beicire April 1.1975. However, a public official whit resigned
... his office or ethos. term of office expired on or after December 11, 1974 but before the due date ofthe first resorts of Incumbent publii officials and public officials elect. need not life a financial
(4 tolunicipal officers shalt file thefdieterrielts re:wired by this chapter before NoVember 15.1975..Ilowever. almunicipal officer who resigns his office or whose term of office expires before ,Novembet 15, 1975 need not file a financial statement. -.-
' .(InitiativePropose, No 2, Seellarn4ee 1 dt.2 Sl.A.1975; am Sec 17 ejs 25 SLA 1975). 'r ... .
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960. 39.50.200. Definitions
41) "public official" means a judicial officer a member of the legislature, the governor.the lieutenant governor, a person hired or appointed as s head or deputy head of, or director of adivision Malin. a...department in the executive branch an assistant to the governor. chairman ormember of a state commission or board, and each appoin or elected municipal officer:
(3) "child" includes a biological child, an adoptive child, and a stepchild;
(4) "commission" means the Alaska Public Offices Commission treated under. AS15.13.020(a):
(5) "instrumentality of the state" means a state department or agency, 4/bother in theor executive branch, including such entities as the University of Alaska and the
Alaska State *using Authority;
(6)\ "municipal office" includes a borough or city mayor, borough assemblyman, cityschool board member, elected utility board 'member, city or borough manager,
members of a city or borough planning or zoning commission within a home rule or general law cityor borough,inclu ding but not limited to a unified municipality under AS 29.68:
(7) "mailer or father" includes a biological parent, an adoptive parent, and astepparent:
(8) "source of income" means the entity for which service is performed or which is
A otherwise the origin of payment; if the poison whose income is being reported is emoloxed byanother, his employer is the source of his income; but if he is self-employed by means of a soleProprietorship. partnerihip, professional corporation, or a corporation in which he or his spouse, orhis children, or a combination of them, hold a controlling Interest, the 'source" is the client orcustomer of the proprietorship, partnership or coprporttion. but if the entity which is the origin ofpayment is hot the same as the client or customer for whom the service Is performed, both areconsidered **source;
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(9) "state commission or board" means the
(A) Agricultural Loan Advisory Boart (created admiiiistratively No assist inadministration of AS 03.10);
(B) Alaska State Council on the Arts (AS 44.191900);
(C) Alcoholic Beverage Control Board (AS 405.010):
(D) State Assessment Review Board (AS 43.56.040):
(E) Capital Selection Committee (Initiative 1,1974):
(F) Board of Education (AS 14.07.015);
(G) Educational Broadcastinb 'Commission (AS 14.58.620);
(H). Alaska Public Offices Commission (AS 15.13.020):.
(I) Employment Security Advisory Council.(AS 23.20.025);
. (1) Board of 'Fish and Game (AS16.05.220):r(K) Alaska Commercial Fisheries Entry Commitsion (AS 1E40.020);
(L) Fishernien's Fund Advisory and Appeals Council (AS 23.35.010):
(M) Alaska State Housing, Au thority (AS4E5E020):
(4) State.Comfnission far tytnanligh.ts.(AS 18.86:0101;.
). Mite livasttnent Athilsory_Committee (A,s31,10.0700H;
? Mal Council (art IV. Sic 8,-Atsska ConstItutiob):
-* (Q)., Girth:44r On.Judidal Qualifications (art. IV. see. 10. Alaska Constitution);
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(R) Governor's Commissih on the Administration of Justice (AS 44.19.746); .
(S) State Section of Joint Federal-State Land Use Planning Commission (AS 41.40.020)
(T) Local Boundary Commission (AS 44.19.250);
(U) Occupational Safety and Health Review Board (AS 18.60.057);
(V) State Board Of Pero le.(AS 33.15.010):3
(W) sky Personnel Board (AS 39.25.060);,
(X) Alaska Pipeline Commission (AS 42.06.020)
(V) Public Employees Retirement Board (AS 39.35.030);
(Z) Alaska Public Utilities Correvission (AS 42.05.010);
(AA)University of Alaska Board of Regents (AS 14.40.120);
(BB) Alaska Royalty Oil and Gas Development Advisory Board (AS 38.06.020)
(CC) Small Business Development Corporation of Alaska (AS 44.60;020):
(DD)Alaska State Development Corporation (AS 44.59.010);
(EE) Board of Directors. StateOperated Schools (AS 14.08.030);
(FF) Alaska Teachers' Retirement Board(AS 14.25.035);
(GG)Alaska lransportation Commission (AS42.07.010):
(HH) Workmen's Compensation Board (AS 23.30.005) ;,
(II) Alaska Commission on Postsecondary Education (AS 14.40.903);
(.1.1) Alaska Municipal Bond Bank Authority (AS 44.58.020):
(KK) Gas Pipeline Impact Committee (AS 31.30.040)
(10) "assistant to the governor" includes any executive, legislative, special, administrativeor press assistant to the governor, and any person similarly employed.
(initiative Proposal No 2. Sec 1;am Secs 18,19 ch 25 SLA 1975; am Sec 3 ch 79 SLA 1975; am
SLA 1975)
Title 41. Public Resources
Article S. Forest Resource Conservation
Sec. 41.15.400. Observance of Arbor Day. To increase public awareriess,of the vitalimportance of the conseryatien and -propagation of trees an rests to the everyday life of thecitizens of Alaska, .the -Third Monday in May of each year is dins gnated "Arbor Day." It shall beobserved by appropriate school assemblies and programs and may be the occasion for other suitable
--observances-and:exercises by. Ovic groups and-thepublic.in general (Sec..1 ch.11 SLA 1066:am Sec _
It h,15 SLA 1973)
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Title 43...Revenue and Taxation *
. Article 2. Aid for School Construction
Sec. 43.18.030. Local tibt kw reduction. (a) The intent of Secs. 10.100 of this chapter inauthorizing state aid for educational purposes and municipal services is that municipalities whichlevy taxes reduce thou levies in reasonable proportion of the amount of state aid received by themunicipality for a given fiscal year.
(b) if the municipality levies and collects real or personal property taxes, the governing bodyshall furnish the follovfing notice with tax statements moiled for the fiscal year for wilich aid isreceived under AS 14.17 and Sec. 10-100 oftthis chapter:
. "NOTICE TO TAXPAYER
For the current fiscal year the (city) (borough) has been allocated the following amount ofstate aid for school and municipal purposes under the public school foundation program(Alaska Statutes 14.17); the municipal services revenue sharing program of Alaska Statutes43.18.010 4338.050, and the program of state aid for retirement of school constructiondebt (Alaska Statute 43.18.100): tPUBLIC SCHOOL FOUNDATION PROGRAM ASSISTANCE $ .
STATE AID FOR RETIREMENT OF SCHOOL = $CONSTRUCTION DEBT
AID BASED ON MUNICIPAL SERVICES FURNISHED(fire protection, police protection, air or water pollution control,land use planning, road maintenance, parks and recreation.transportation facilities and services, hospital operation)
TOTAL AID
$'
The millage equivalent of this state aid, based on the dollar value of a mill In the municipalityduring the current assessment year and for the preceding assessment year. is:
Previous This Year
PUBLIC SCHOOL FOUNDATION Mills MilliPROGRAM ASSISTANCE
STATE AID FOR RETIREMENT, ..... Mills .. MillsOF SCHOOL CONSTRUCTION DEBT
AID BASED ON MUNICIPAL . , Mills MillsSERVICES FURNISHED
TOTAL MILLAGE EQUI VAUNT Mills Mills."
(am Sec 4 ch 12GSLA 1977)
I ,(c) If the municipality levies and collects only.a sales tax, the governing body shall provide a
notice substantially In the form set out in (b) of this section. in providing notice under thissubsection, the council or assembly shall substitute kir the millage equivalency its estimate of theequivalent sales tax rate for each of the categories of financial assistance set out in (b) of this'section,. Notice shitl be provided
(1)' by publishing in a newspaper of general circulation within the municipality a copyof the.notice once each week for a period of three successive weeks, with first publication to occurnot eirlierthab-48 days before:the-first day of the municipality's-fiscal yearror
(2) if-then) is no-newspape of general circulation in the municipality, by posting a copyof -the noticefor of least-20 days in afleast two public.places within the municipality, with posting
"to occur not efirlier than 45sleysbeforeilie first day of the municipality's fiscal year:_
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Sec. 43.18.100. State *id for,year, the state shall allocate to an
, following sums:
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of school construction debt. (a) During each fiscalnizetb rough or a city which h a school district, the.
(1) payments made by t* borough or city duns fiscal year two years earlier forthe retirement of principal and interest on outstanding bonds, notes or other indebtedness incurredbefore July 1,191$ cosbof school construction; t
(2) 80 cent of
(A) ments made by the borough or city during thefiscal year hire years earlierforitilk remen of principal and interest on outstanding bonds, notes or other indebtednessincurred alter du 30,1917 and before July 1,1978 to pay costs of school construction:
(I3)borough or ci
payments made after June 30, 4976 and before July 1, 1978 by theduring the fiscal year two years earlier to pay costs of school construction;
(3) 80 per cent of
(A) payments made by the iiorough or city during the fiscal year two years earlierfor the retirement of principal and interest on outstanding bonds, notes or other indebtednessincurred after June 30. 1978 to pay costs of school construction projects approvedunde AS14.07.020(10);
(B) cash payments made after June 30, 1978 by the borough or city during thefiscal year two years earlier to pay costs of school construction projects approved under AS14.07.020(10).
(repealed and ienacted Sec 2 ch 147 SLA 1978)
(b) Thicommissioner shall administer the program of reimbursement authorized under thissection and shall provide by regulation for the filing of applications for reimbursement, the form ofproof of costs for which application for reimbursement .is made, and other regulations necessary tbadminister the program. The commissioner shall exclude from the total school construction cost ofthe local district all state and federal funds included in these costs except funds provided under thissection and AS 43.50.140. In approving applications for reimbursement, the commissioner shall
(1) offset against the amount of reimbursement authorized the amount of any fundsdistributed to the borough or city in the second preceding fiscal year from the school fund providedfor in AS 43.50.140;
(2) require the borough or city to provideovith its application, a certified copy of thenotice to taxpayers required by' Sec. 30 of this chapter.
2 ch 120SLA 1977)
(c) The school construction account iS established. Funds to carryout the provisions of thissection may be appropriated annually by the legislature to the account. If amounts in the accountare insufficient for the purpose of providing the share to which a borough or city Is entitled underthis "section,' those funds that are available shall be distributed pro rata among the eligible localgovernments.
(d) Money in the school construction account which, at the end of the fiscal year for whichthe money is appropriated, exceeds the amount required for the allocations authorized in thissection reverts to the general fuhd.
(e) The commissioner shall annually p ide a'ieport tothe legislature on allocations of sgtiaid made under this section, including but not limited to, the amount of state aid paid oncapita and per student basis and the resultant effect on the rate of levy of taxes by the municipilifor educational purposes. (am Sec 3 di 120 SLA 1977)
(f) Repealed: (Sec 17 ch 147.SLA 1978)
(g) in this section, unless the context requires otherwise,
(1) "commissioner" means the commissioner of education;
(2) "costs of school construction" means the cost'of acquiring, constructing,,enlarging.,repairing, remodeling, equipping or furnishing of public elementary and secondary school buildingsandollerrdes but is not limited -to the cost of acquisifion of sites, legal, ineering, fiscal,architectural and other fees of specialists' or consultants, costs of labow materi quipment#/
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180 (supplies, costs of authorization, issuance and sale of bonds. notes. or other evidences of debt. (Sec 1ch 249 SLA 1970; am Sec ch 93 SLO:1 4971; am Sec 2 'eh 137 SLA 1972; ain Sec 1 ch 28 SLA1,973; am Sec 47 ch 12/ SLA 1974).
Sec. 43.18.105.. Public School Facilities Construction Advance Account Thepublic schoolfacilities construction advance account is established. The account consists of appropriations fordistribution under secs. 105%135 of this chapter to boroubhs and cities 'which are schopl districtsto assist in paying the costs ofVublicschool facilities projects approved under AS 14.07.020(10) for*which construction is commenced after June 30. 1978 and for which no bonding. notes, or otherindebtednessivas incurred before July 1,1978. (am Sec 13 ch 147SLA 1978)
Sec. 43.18.110: Eligibility. Eligibility of a proposed construction project for fundingassistance under-secs. 105 135 of this chapter shall be determined by the department based onstandards and criteria established by regulation. The standards and criteria to be considered lbdetermining eligibility include the following:
(1) emergency requirements;
(2) number of unhoused students;
(3) new elementary or secondary programs;
(4) existing community and sc hool facilities and their condition; and
(5) economic and social stability of the community.
(am Set 13 ch 147 SLA 1978)
Sec. 43.18.115. State aid. (a) The amount of state aid payable in ad vance undo* secs. 105135 of this chapter is the, amount by which the cost of construction of the approved schoolconstruction' project would cause the debtto- valuation ratio of the municipality to exceed 12 percent. .
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(b) A payment under (a) of this section is limited to an amount which, when combined withbstimated payments to the school district for the retirement of the principal and interest on bonds,notes or other indebtedness or reimbursement of cash payments for a school construction projectfor which payment is made undetsec. 100(a)(1) or (2) of this chapter or for an approved schoolconstruction project for which payment is made under sec. 100(a)(3) of this chapter, does notexceed 80 per. cent of the cost of the school construction project.
(c) For purposes of this section,
(1) "debt" means the principal amount of the direct and general obligation indebtednessof the municipality for which all taxable property is subject to taxation to pay the bond, note orother evidence of the debt, determined and reported in accordance With AS 14.17.140(c);
(2) "valuation " means the full and true value of the real and personal property of themunicipality,determibed in in accordance with AS 14.17.140(a).
(am Sec 13 ch 147 SLA 1978)- ,
.Sec. 43.18.120. Application for aid. (a) The commissioner shall prescribe the necessary
forms and procedures to be used in applying for construction cost assistance under secs. 105 135of this chatter. i . :I 0 t''
(b) A borough or city which is a school district seeking cost bid shall apply tothe department by October 15 of the Rior fiscal year.
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c) Based on his review of ariplicatidns and his tletennination of project eligibility theco issioner shall recommend to the govdrnor an appropriation of fundsf6r state aid for fhoseprojects under sea. 105'- 135_0 this chapter. , t(am Sec 13 ch 147 ALA 1978) '
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Sec. 43.18.1 . Conditions of state aid. (a) Funds distributed to a borough or city which isa schogi district d ringa school year under secs. 105 135 of this chapter shall be received, held,and expended by be district in accordance with the applicable provisions of law and of regulationsadopted by the department. Funds provided under secs. 105 135 of this chapter, but which arenot required for the project for which they were granted or which are in exeess of that borough's orcity which is a district's entitlement for ayi under sec. 115'of this chapter shish be returned to the .departaht and deposited in thh generafund.
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(b) Each borough or city which is a schooli,Idistrict shall maintain finarrcireceipt and disbursement of State funds received u ' der secs. 105 135 of this chprovided toward local effort. The records shall be i .the form prescribed by the desubjectito audit by it at any time.
I (c)\-Upo'n completion of the construction Project, the chief school addistrict shall report'the totill cost of the project and means of financing it to the
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(.;# Boroughs and cities, that are school districts shall secure and maintaieffect adequate property losejnsurance for the replacement cost of all facditiJuly 1, 197 and for whit!) state funds are available under this chapter.
(am Sec 13 c6447 SLA 1978)I.
Sec. 43.18.130.* Construction and Implementation. (a) Sections 105 -7 35 of this chaptermay not be construed so as to create a debt to the state. I
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records of thepter and money ,aOment and are
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in full torte andconstructed after
(b) Funds to carry out the provisions of secs. 105 135 of this chapterannually' by the legislIture into the public school facilities constructionamounts in the account are insufficient to meet th' allocations authoritedunder secs, 105 -7.135 of this chapter. such funds as are available:shall beamondqh borough and city which is a school district based upon its comput
(am Sec,13 ch 147 SLA 1978)
ay be appropriatedance account. Ifthe commissions;
istributed pro rataentitlement.
Sec. 43.18.135. Definitions. In secs. 100 135 of this 'chapter. unles the context requiresotherwise,
(1) "approved school construction project" means the plan to/ a new school or anaddition to or major rehabilitation of an existing schoql to the extent to w ich approved by the,commissioner in accordance.with.AS 14.07.020(10);
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(2) "commisSioner" mean ethe Commissioner of education;
(3). "department" means the Department of Educatiop.
(am Sec 13 ch 147 SLA 1978). ,
The comtnitoner of the Departkent of Education may make ens of amountsapprOptiatedfar advance funding of school construction in accordance tb AS 43.18.10543.18.135 for approved school construction projects 4iiring a one-year.perkad following taeffective date of this Act witboUt regard to prior application by a city or borough school district foeaid under AS 43.18.120(b) added by sec 13 of this 0er. (Sec 18 cb .147 SLA 1970)
Chapter 45. School Tax
Sec. 43.45.010. Tax imposed. (a) There 'is imposed ; school tax of $10 a year ripe?, eachpetson 19 years of age or older gainfully employed the state or on the waters of the state, except(1) a marl person who is unemployed andenti ly d pendent upon the insane of the spouseandwhose spou has paid a school tax, and (2) a person e mpt under Sec. 20 of this chapter.
(b) The proceeds of the tax levied by this chaotet shall be paid into the general fund of thestate , . (Sec 1, ch 41 SLA 1957; am Sec 1 ch 175 SLA 1957; am Sec 1 ch'149 SLA 1959; am Sec
ch 179 SLA 1960) 7
Sea 43.46.020. Persons exempt froilllax. Persons 4n the active military or aval service ofthe United State. paupers, insane persons, persons cared for by the stateond persons permanentlyinjured, infie'rn, maimed or crippled so as to be disabled from earning a Ihielihood are exempt fromthe paymept of the school tax: (Sec 3743 ACLA 1949;am Sec,2 ch 179S1A 1960) '
.."Chapter 50.
&dd.) 1. Cigarette Tax Act.
Sec. 43.50,140. Disposition of Wooed The proceeds derived from the payment of taxes,fees, end penalties, provided for under Sec. 10.180 of this chapter, and the license fees received byth4 department shall be paW into a state fund *Milled "School Fund,".and shall be used exclusivelyto rehabllifitte, construct, and repair the state's school facilities, and for costs of insurance onbuildings comprising school facilitiai during the rehabilitation, construction, and repair, and for thelife of the buildings. (sec 16 ch 187 SLA 1955)
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Sec. 44.09;2090, State medal for h'eroisin (a) , The govein -authorizedto award a state medal for heroism directlror posthishiSusly to'anykcitizen.ofthe state in recognition of valdrous and he" is deed performed-by him in the 'saving of a life or for injdry or death or thi at of injury or-death incurred byhim in the service o tee state or his corium "ty or on behalf of the health,
dal shall. awarcledby the governorwelfare or safety of other:persons. .The rnwith an appropriate ceremony.
.- i 1'(b) The governor shall make arrangem
for heroisin through a statewide design c.children of the state. (Sec. I ch 12 ST..il, 19
nts.for the designing of the medalpetition participated in by the school5)
Casper 19. Office of the Governor.
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Sem 44.19.923. Management of Suite Museum. ,Repealed by Executive Order No. 34 (1974) %
XLittle/A 9P. Involvement of Young People in Government.,
44.19.777. Establishment' of commission,. .There is created inthe 011ie. 9f the Governor,, Ohs Governor's Commission on the Involvemeitof Young,People in Government. (Sec. 1 ch 121 SLA 1971) .
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Sec. 44.19.779, Conposition and chairman. The commission consistsof nine members, drawn from the fieldeorfNblic affairs, edupation,,thesciences, the proftssices, other fields of Private endeavor, fimonthestate service, and the commission shall Include three additional membersfrom the 17 through 22 ape group. The nmoberi shall, be appointed by thegovernor, without regard to political affiliation and shall serve at thepleasure. of the governor. Onemodydr shall bedesignated by the govertxmas chairman of the conrisidon. (Sec. 1 ch 121 SLA 1971)
bec: 44.19.781. Compensation aril per diem..`'
Members of the emissionserve without compensation but are entitled to per.diem and travel expensesauthorized by law for other bofFds and conodssions. (Sec. 1 ch 121 SLA (1971)
See. 44.10.783. Functions of the cCrudssion.- (a) The coandssion4 PP shall:establish procedures to enabld it to recommend annually to the
govern a group of prordsing wits-1g men'and women from whom ge governor
pay Select both governor's lawns and youth voting members ofstate.boards and commissions. The &mission, in establishing these procedures, I'Shall enlist the aid of Alaskans who are'actively.intereSted:im workingAcith youngpeople. Following adoption of the procedure, the'commission
' sball accept applications from individuals and nominations-for considerit
N ) &emendations of the commission shall be limited to youngiell who
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. (1) haw,a capacity, desire, interest, ability and potential."fbillaadegallip and service to the state; i
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(2) will have attained the age of 17 but not the age of 22-bef:bre'itte beginning of their service. (Sec. 1 ch 121 SLA 1971) .
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. . Sec: '0.17:785. Governor's interns. .:An ir)Crn shall be appointed. to serve on the-staff of the Office of th4 aoyernor for a period of tineprescribed by the governor with a minium of one year. He'eay be.assignedresponsibilities in that office or in the 4:,ftic e of accfmnissioner or otherprincipal depaitrent or agency of the executive 'branch of state goverment.Service will begin at a time prescribed by the gpyernor. Governor'sinterns are in the partially exempt service. Salaries shall beindivid)ually established by the goverspr onthe basis of prior experiences and theresponsibilities of the poattibn. ,.Sale.riea shall not exceed $700 permonth or $8,110Q per year. (Sec./1 chf 121 LA 1971) %
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. Sec. 114.19.787. Appointrent to boards and comeissions._ 141)withstanding AS 39.05.100 or a pr vision of lest relating to age.; thegovernor may appoint any- resident of Alaska to 4 board or commissionrecomended by the commission:
( b ) *A young poison Al,tennenddd by the commission may bd appointedto boards or comeission.0itti, special qualifications for seeliership.ifthe proposed nondnee,_exceik for his age, meets the requiredJ4qualifica-tions as set by law.- ,
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(c.) An individual appointed toll' hoard or Commission nder this 'section Wentitied to the righti, privileges,' and responsibilities ofOther' emers,, and his appointment is to tonfirnation by, thelegislat .Wbeii required tm law., No addi,t'ional seat on a-boatd or com- .misses is created by ,virtue of secs. 777 - 787'Of this chaptesr. ;(Sec, 1oh'l 1,SLA 1571)
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III Chapter R. Administrative Procedure Act . .
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Sec, 44.82.310. Agency meetings public. (a) All meetings of a legislativedbody, of a boardof regents, or of an administrative body, hoard, commissioncommittee.subcommittee,-auperittcouncil, agency, or tithe/ organization, including subordinate units of the abovi.groups, of thestate or any of its political subdivisions, including but not limited to:municipalities. borouifis, 'school boards, and all other boardsagenciesassemblies, councils, departments, dlvisions..bureaus,commissions or organizations,,advisory or otherwise, of the state or local governmenfsuppoited
.. . in yhote or in part by public money or authorized .to spend public money, are open to the public-1 , except as otherwise provided by this section. Except when voice votes are-authorized, the vote
shall be conducted. in such a manner that the Public may know the vote of each person entitled.' to vote. This section does not applir to any,-vOtes required to be taken to organize the afore-men-
.- . ttfirieci bodies. (am Sec. 1 ch 189 SIA1976) . .. ...,
, . ._ .(b) If excepted subjects are to be discussed at remeeting, the meeting must first be convened
as a public meeting and the question of holding an executive session to discuss matters that come
..e ....., within the exceptions contained in (c) of this section shall be determined by a majority vote of the
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body. No subjects may be considered at the executive session except those mentionea in the 'rno-'tion calling for the executivesession upless auxiliary to the main question, No action may be takenat the executive session.
'(c) The following excepted subjects may be discussed in an executive session: "1. ,. .(1) matters, the immediate knowledge of' which would clearly have an adverse effecit.
Upon the finatlees of the government unit; (am Sec 2 ch 98 SLA 1972) . 0...
(2) subjects that tend to prejudice the rebtitation and character of any person, provided.# the Person may request k public discisssion; / 1
. (3) matters which by law, municipal charter, or ordinance are required to be. corifidential. . ,
ro This section does not apply to .
(1r- judicial or quasHudicialbodies when holding a meeting solely to make a decision inan adjudicatory.proceedink '
(2) juries:,
(3) parole or pardOn-boards;
(4) meetings -of a hospital medical staff; or .. .l
(5) meetings of the-,goiernieg body or any.coorinittee of a hOspital when holding a. theetIng solely to'act upon matters of profetdiorial qualifications; privilbges or discipline. .
. i$ .(e) Reasonable public notice shell be given for all meetings required to be open under this
sectich.
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(f) Action taken contrary to this section is void, (Sec 1 art,Vl (ch ltach 143 SLA 19k9: amSec I ch 44 SLA 1966; am Sec I ch 78 SLA 1988: am Sec 1 h 7 SLA 1969: am Sec I, 14 98 SLA'1972; ain Sec 2 ch 100 A 1972) . ,
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-See. 402.330_ Appli tm I etlapter.e 1
(a) is amended by adding a neviparagraph to read:. .
. . :(38) Alaska Corrimission oh Postsecondary Editor n under AS 14.48.as-to denial of.
applications and revocation of authorizations and perm ts. (am Sec. 4 ch SLA 1976)
(42) the Department of Education, and thelrnfessi real teaching Peactices Commissionwith regard to -proceedings to revoke or suspend a teacher' certificate under AS,I4.20.03014.20.040 and AS 14.204 70(4)., (Sec.'66 chk9 SLA 1975) ) t
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(45) University of Alaska. except to the extent th t its inclbsion is'inconsistent,with. .
the provisions of AS 14.40. (Sec.. 9 ch 46 SLA 1977)
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Titli 47. Welfare. Social Services and Institutions.
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Chapter 10.,- delinquents ind,Wards Of the Cou'rt.
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.. Sec. 47.10.070. &amines. The. court may conduct the hearing in an ,
i4formal manner iti,"the courtroom or in Chambers. A hearing may be held be- A
fore .a young adult advisory panel. in accordance with sec. 75 of this chapter.The court shill give notice o5 the hearing to the department and it pay senda representative tat)* hearipg.. The court shall'hlso*transmit a'copy of
4- the petition to the deptrtment. The representative o. the department may
also beteard at the hearing. The public shall be excluded from the hearing,cbut the court, in its distretion, may permit individuals to attend a hearing,if their 'attendance is compatible with the best interests of the sinor. .
Nothing in this section maYobe applied in suqh.t inky as to deny a.Child hisrights to a public trial and to's trial by jury. (See. 10(1) art I ch 145SLA 1957; am Sec. 1 ch 49 SLA 1966; am Sec. 53'ch 71 SLA 1972)
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Sec. 47.10.075., Young adult advi ls.. (a) Unless the viperobjects, the ,:ourt may select! a young aadultadvvisory panel'to hear via caseand advise the court :of a recommended judAment and order. The court mayconsider any, of the panel recommendations in making its judemnt aqd orderin the case.' . . -
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., (b) The prinCipal of each high school shall submit-annually to the.. , court a list of the students enrolled in grades 10, 11 and 1.2. lhe court"shall determifie the method -of selecting the Mashers of each panel.
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,/*3 (a) 'A student shill be excused from at riding scho uring the timehe is serving as a hare' pother. 14 studentliky serve than once eachYear on a panel. It i
(d) A student shall be excilik from serki14, as a panel_rnamber if hesibrrdts a written requesti to the' court' indicating the reaton he does notwish to serve. (Sec.; 2 ch 49 SLA.1966)
'Chapter 17. Child Protection.
See. 47.17.010. purpose. In order to protect children whose healthand yre,11-beinglray be adversely affected thrOupdi the inflletion, by otherthan accidental: means, of harm through physical abuse or neglect requiringthe attention of a practitioner of, the healing arts, the legislaturerequires the reporting of these cases by practitipners and others to the *appropriate public authorities. It'is the intent of the legislaturl that,as a result of these reports, ppotective services will be made available
..: '1n.an effort to prevent further harm to the child, to safeguard and enhancethe general well-being of the children in this state, and to nieserve
4 family life ever possible. (Sec. 1 oh 100 SLA 1971)
'Sec: 47. 1.020. Weons .re n (a) Tte Palo/1m per-sons g t per mance o nro ess anal duties,have cause tobelieve' that a child, has suffered'hatrm as a result of abuse or neglect'shall isrrecliat ly report thetirm to the neatest office of the department:
. (1) practilorkers of the tealing arts;
(2) school .teaohers;
(3) seal workers; I
Oft peace officers, and of ricer of the division or cOrections;
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.45) administrative officers of institutions.
(b) This section does not prohibit the named pereons4trom reportingcases which have cone to their attention in their nonprofessional capa-cities nor does it prohibit em other person from reporting a child'sharii.which he has clitise to believe is a result of abute or neglect. Thesereportshall be wade to the nearest office of the department.
_ (c), If the person waking a report of harm undi this section cannot"relsorvibly. contact the nearest office of the department, and immediateaction is necessary for the well-being of the child, the person shall 'rakethe report to 4 peace officer. 'The peace officer shall take immediateaction to protect the child and shall, at the earliest opportynity, notifythe nearest office of the departatt. (Sec. 1 eh 10D SIA191)
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Chapter 20. Exceptional Children ,
Sec. 47.20.005. Purpose. It is the purpose of secs. 5 50 of this chapter to provideappropriate public education and training for the exceptional children in this state who have notreached the age of three. To the maximum extent possible. the department shall establish a learningprogram which emphasizes individual needs. is home based, and involves parents in the' educationand training of their children. (am Sec 1 ch 77 SLA 1978)
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Sec. 47.20.010. Assistance authorized. (a) The Department 01 Health and Social Servicesshall provide professional guidance and financial assistance to organized groups of+ parents,nonprofit corporations, school, districts, and regional educational attendance areas according tostandards and regulations adopted by the department for providing special services, evaluation andspecial training required by exceptional children. -
(b), The program established under (a) of this section shall emphasize individual needs and,where possible, be home based and involke parents in the education and training of their children.
(am SecCh 77 5LA 1978)
Sec. '47.20.020. Standards for assistance. The department mall assist organized parental 0groups, school districts, regional educational attendance areas, and nonprofit corporations whichhave requested assistance and have arranged for the, necessary facilities and equipment for trainingcenters for exceptional children. (zyKSec 3 ch 77 51.4,1978)
, Sec. 47.20.030. Repealed. (Sec 6 ch 77 SLA 1978)
,.
Sec. 47.20.040. Repealed. (Sec 6 ch 77 SLA-1978)
Sec.' 4720.050. Definitions. to this chapter
(I) "exceptional children" Includes those*children who have not reached the age ofthree .and whose development is significantly delayed due to mental retardation, physical,neurological. or emotional handicaps; (am Sec 4 ch 77 SLA 1978)
(2) "evaluaticti" means the physical and mental examinations necessiry.todeterminethe extent of the handicap; V.
(3) Repealed. (Sec 6 ch 77 SLA 1978)
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-----:-.----../(4) *sliecial service" means evaluation and special training;-,(5) 'special training" means*
1 . .
(A) nursery Or preschool traihing to compen4te for the special handicaps off exceptional children in order to prepare them, when possible, for admission to special classes
. in a regular school at the age determined by law. or
(B) training in self-help sjtills, safety, social and Moyle occupational skills fortrainable mentally retarded children of school age who are incapable of academic subjects;
(6) Repealed..(Sec-6 ch 77 SLA 1978)I
(7) "professional guidance" means the consultative services or other medical andeducationatopecialists developed by the department for the education and training of exceptionalchildren; (am Sec 5 ch 77 SLA 1978) .
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epartment" means the Department of Health and Social Se:_rvices. (am Sec 5 ch 77
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p
If
(8)SLA 1978)
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Om 35. Private Institutions
Article 1. Foster Homes, Boarding Homes. and
Institutions for Children
(4) "nursery" me n establishment providing care and services for any part of the 24hour day for a child not re! st blood or marriage to the owner or operator. but does not includeany establishment whose primary purpos4s educational. (Sec 1 ch 17 SLA 1951; am Sec 1 ch 69SLA 1971) .
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188 '' .
Chapter 80. Persons wide handicaps
A'iticle Article1. RighW
,. 3. Programs and Plans
2. Governors Council for the Handicapped . 4. General Provisionsand Gifted -.
, t .. . '. Article 1. Rights.
,,Section
A
.10. Rights of perions with handicaps20. Protection and advocacy of rights
Seq. 47.80.010. 'Rights of persons with 'handicaps. Persons with handicaps have the same .'lega(rignts And responsibilities guaranteed all other persons by the Constitution of the United States,and federal laws and
byconstitution and laws Of the state. No,otherwiselualified person by . ..
,.reason of having a handiobp may be excluded from participation in. be denied the benefits of, or besubjected to discrimination under, bny' program or activity which receives public funds. Somepersons with handicaps may be unable, due 'to the severity of their handicap, to exercise forthemselves all of their rights jn a, Meaningful way: for others modification of some or all of theirrights is appropriate. The procedure used for modification of rights shall contain proper legalsafeguards against.pvery- form of abu;e, shall be based on an evaluation of the social capability ofthe person by qualified experts, and shell be subject to periodic reviews and to the right of appeal to .higher authorities. A
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Sec. 47.80.020. Protection and advisee'', of right" The department shall establish a systemto protect and advocate rights of persons with handicaps. The system
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(1) has the authority to pursue legal, administrative, and other appropriate remedies to "'a'assure the plotection of the rights of persons wan handicaps: and
4 ,(2) shall 'be indejiendent of any state agincy which provides treatment, services or .
habilitation of persons with handicaps. . '' ,, .
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s.,, Article 2. Governor's Consicit: , A
for ... The Handicapped and Gifted -.4 ' ..
Section' .: Section . - . ' I, t0
30. Governor's Council for the Handic?pped 60. Compensation, per diem and expensesand Gifted e 70. , Officers and staff
40. Composition 80. Sylaws ,. .
50. Term of office. go. 'Responsibilities , %. .. ,. - ,r.
.* - , ;,,Sec. 47.80.030. Governor's Council for the HandiceppWtind Gifted. Thgre is established
the Governor's Council for the Handicapped and Gifted. For budgetary purposes, the council is'located within the Department of Health and Social Services but is the interdepartmental planningand coordinating agency of the pepartment of Health and Social Services, the Department ofEducation,. and other departments which deliver services to persons who ace handicapped or gifted, °In addition, the council is the state planning council for purposes of federal laws relating to the 0
.handicapped or gifted. i'I, . _
Sec. 47.80.040. Composition. (a) The council consists of no fewer than 18 nor more than23 members appointed by the governor In accordance 'with P.L 91-517, Pi. 94-103, P.L 94-142,as amended, and AS 14.30.231. .
(b) No ferer than one -third of the members shall be reprelentatives of the principal stateagenclerconcelhed with services handkapped or gifted persons.
(c) No fewer thansuch
of the members shall be devegipmentally dislibled persons orPa rentsor guardians of suth persons, who are not officere or.directors of an entity, or employees ofa state agency, ylich receives funds or providei services under P.L 91.517 or P.L 94-103. asamended.
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201.
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(d) The remaining members shall be appointed to represent the publibcat large, fool- agencies,.
nongovernmental agencies, end groups concerned with services to handicapper) or gifted persons.
(e) Membership pf. the council shall at all times comply with the requiremerkts of P.L.91417, as amended. I
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(f) %In the appointment of all members other than state agency members, due regard shall be. given to geogiaphically balanced representation of areas of the state and to represpntation of
persons with a variety et different mental and physica handicaps. 41
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Sec. 47.80.050, Term of office. (a) Council members' terms are three years. Clf the initialappointees, one-third shall be appointed for one-year terms, one-third for two-year terms, andone-third for three-year terms.' 4
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(6) A vacancy..occurring in the membership of the council shall be filled by appointment ofthe govetrior for pelunexpired portion. of the vacated term.
(c) Council members, serve at the pleasure of the governor, notwithstanding their terms ofoffice. ,
(d) it is the kislative in tent that the governor replace any member who, by poi( arendance'or lack of contribution to the council's vfork, demonstrates ineffectiveness as, incil member
Sea, 47.80.060. Compensation, per diem, and expenses. ' Members of the council receive nosalary but are entitled to per diem and reimbursement for travel and other expenses,as authorized
by law for bdards...-..,1 I, .
S ec. 47.80.070, Officers and staff.. (a) The council, by a majority of its membership, shall .. -
elect a chairman and otberofficers it_
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considers necessary from antong its membershil, to serve on ayearly basin .
(b) The department shall provide f& the assignment of personnel to the co ncil to ensure. ,
that the council hafthe capacity to fulfill its respoqsibilities. The personnel all be directly *4.,responsibleto the council for performance f theiduties. )
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SeP. 47.86.080. Bylaws. The count I, on approval of a majonly of its membership., shalladopt and amend bylaws governing its composition, proceedin$ and other activities consistent withsecs. 30, 90 of this chapter and including, but not limited to, provisionsoncerning a quolrum totransact couicil business and other aspects 44 proceclt frequency and location el meetings, and
. establishment, functions ancimembershieof council co mittees. .
Sec. 0.80.090. Respensibilftles. The Council shall ... k(1) serve as a forum by which issues and benefits regarAm urrent and potential services
to handicapped and gifted persot'is may bediscussed.by consumer, W. bi . rivate, professional, andii lay interests; 4
- ' .i (2) advocate the needs of handicapped and gifted, persons before the executive andlegislative branches of the state governmentAed beforethe publrc; ',''' a
(3) advise the executive and legislative branches of the state government and thi privatesectoron programs and policies pertaining to current and potential services to handicappedot giftedpersons and their families; ¶ "
4,"/(41 submit periodic reports to the commissioner of 'health and social oervitatss the
commissioner of education and to other appropriate departments, on theeffects of .cdrrent 'federaland state programs regardirigsenrices lo handicapped or gifted persons. these reports shall includeprogram performance reports to the governor, the federal government, andto stak agencies as
required by P.L. 91.517, P.1.. 94142i:emended; ,
.(5) in conjunction ililth the Departments of Health and'Sociai Sertices and Education,
develop, prepare, adopt, periodicaily review,-anci'revise as necessary on annual state plan prescribingprograms which meet ta ode& of perions with developmental disabilities $ required under Pi..91.517 or-P.L 94403, as amended; . ...... . I
b .. f
(6) review and comment to commissioners of state departments on all state plahs andproposed regulations relating to programs for persons with handitaps.before the adoption of a planor regulation, for this purpose, the eppropriate departments shall submit the 'pions and proposedregulations to theiouncili . .
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190.
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(7) 'recommend the priorities and spicifications for the use of funds received by the stateunder P.L 91417, P,L 94-103 and PL 94-142, as amended;
,(8) submitannually to the commissioner of health and social services, the corn missionerof education, and the commissioner of community and regional affairs a proposedinterdepartmental program budget for services to handicapped or gifted persons which includes.insofar as possible, projected revenues and expenditures for programs implemented by stateagencies, local governmental agencies, and privets organizations; the interdepartmental programbudget is an. informational supplement to the regular annual budgetary submissions of thedepartments to the Office of the Governor;
(9) provide information and guidance for the development of appropriate special. educational programs and services for exceptiqnal children a! defined in AS 14.30.350:
. .(10) monitor and evaluate budgets or other implementation plans and programs for
. handicapped and gifted' persons to assure nonduplication of services and encourage efficient and, coordinated use of federal, state and private resources in the provision of services; members of the
council, with the approval of the council, have access to information in the possession of stateagencies subject to disclosure restrictions imposed by state or federal ,confidentiality or ornerylaws: and. . . t
(41) perform other duties required *der PL 91-517, P.L. 94.103, PL. 94142, asattended, or AS 14.30:231, and as the governor may assign.
Miele 3. Programs and Plans
Section' 100. Programs for persqns with handicpps
110. Program oginciples .
M0. Habilitation plans130. Powers and duties pf the glhartment
Section140. Licensing and certificptes of need ,
150. Liability for expense of services160. Transportation . ,
'1711, lorovision for personarneeds uponw discharge
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Sec. 47/30.100 Programs for penions with handicaps. (a) The Department, of Health andSocial Services, the Department of Education,and other ddpartments of the state as appropriate.
Nhall, in coordination, plan, &verb!), and implement a comprehente system of services andfacilities for persons% with handicaps, which is consittent with the state plan adopted unddr sec.90(5) of this chapter and is dispersed geographically within the state
(b) The services required in (a) of this section are specialized services or special adaptations ofservices available to the general population and...shale:1 directedttqward the social, personal,physical, or economic habilitation or rehabilitation of pe s with handicaps.
(c) Within the limits of appropriatiims and otherfavailabie hinds, the appropriate departmentmay itself provide the services and establish, operate, and maintain thetacilities required under (a)and (b) of this section, or it may provide the services or faiiiities entirely or in part throughcontractual ariangementrOith pyblic or private agencies.
. '
Sec. 4713.110. ,Program "kelpies. The system of services and facilities required under sec.100 of this chapter shall accord with the principle that treaktutpi, services, and habilitation shall bedesigned to maximize individual potential, minimize institutionalization, and shall be provided inthe least restrictive setting, enabling a person to live as normally ai possible within the limitations oftheandicap. r
I Sac: 47.80.120: Habilitation plans. A state agent/contractor. or grantee who is directly,
responsible for providing services to persons with handicaps shall develop an individual habilitation 'plan for each person whose program of serecis utilizes,statefunds. The plan shall be completed inwriting and furnished to the department within GO days of admission of a client to the program ofservices. The plan, its renewals, and any changes of!, it, shall have the written concurrence of theclient, or his parent or ,guardian when appropriate, and the agency or contractor responsible forproviding services. Thi development, and content- ofs a plan conform to requirementsestablished by the department by cogitation. Insofar;as practicable, the requirements shall conformto those established 'for individual habilltation plans finder P.L 91-517 or, P.L 94-103, as amended.Each plan shad b6tinseillmited, evaluated, and renewed at least annuaily.7
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47Sea 17.88. 30. Powers and duties 9f the department (a) The department shall ..- .
e
.. (1) develop budgets and receive, and distribute apPropriations and funds under thissection; . . . .
....
/ (2) adopt reghlatioris regarding standards of servit4es and facilities for persons witihandicaps and the quality of services the process by which services are to be delivered!
`--/ ----, *-.
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(3) adopt any other regulations necessary to:implement this chapter; -.,
14) provide technical assistance to chiblic and piivate agencies in planning, developing.and implementing programs to servehandicapped persons: ..
... (5) operate progrhms and *facilities, and enter - -into agreements, contracts, 'or grants*necessary to provide services required under this chapter: . . .-
. (6) lake the actions and undertake the obligations which are necessary to' participate in
\\ federal grant-inid programs and accept federal or. 4ther financial aid for the study, examination,care and treatment of the handicapped.
.* . 1. ' V 9
(Ii) For purposes of P.L 91-517 and P.L 94.103, as-amended, the department i's designatedthe sole administering agency, it shall make applications for, receive, and expend grants under P.L91 -517 or P.L 94403. as amended, and otherwise exercise the powers and perform the duties andfunctions necessary to, comply with P.L 91.517 and P.L 94-103, 0s emended.
.(c) -The
a
department of Education may make applications for, receive, and expend grantsunder P.L 91-230 (The Education for the Handicapped Act), as amendedrand otherwise exercisethe powers and perform the functions necessary to comply with that Act.\
Sc e. 47.80.1404 Licensing and certificates of need. (a) No person niayestablish or operate aresidential facility 340190 first obtaining a license to do so, department by regulation shallprovide for licensinb of residential facilities which are not within the licensing provisions of A618.20.010 -0.18.20.130, AS 4 7.35.010 47.35:080 or other law mcniiring state licensing of suchfacilities. Regulations of the department shill include but need not be limited to (1) standards ofoperation promoting and protecting public health, safety, and welfare, and (2) procedures governing4pplications for and'issuance of licenses and duration,, renewal. and revocation of licenses for cause.The department may at reasonable times inspect and examine residential facilities licensed uncle'this subsection for conformity with licensing requirements.* '
. i.
(b) A certificate of need is required as a prerequisite for licensing a residential facilityestablished after the effective date orthis Act antanot otherwise provided for in AS 18.07.031 r
. 18.0 7.111. A certificate shall be issued and regulated in the same manner as provided in AS18.07.031,-e 18:0//411 f%certificates of need fret health care facilities.
.lo
As'
, -Sec. 47.80,150. 'Liability for expense of services. (a) A person with a handicap or his legal
representative acting in a representative capacity, qr his spouse or parents, shall pay or Contribote tothe payment of the charges for the care.or treatment in the manner ,and 4oroportiph which theliepartment finds.is not detrimental to rehabilitation and which is within the responsible person'sability to pay. The charges may not exceed the actual cost of the care or treatment as determinedby the department. The "order cattle department relating to the payment, of charges shall beprospeitive in effect and shall relate only to charges to be incurred, -excegt that if a personintentionally conceals his ability to pay. he shall be ordered to pay to the extent of hiS ability thecharges ateruires.dy ring the period of. the concealment. The order of the doom:Intent relating-to tbepayment . of charges by the person with a handicap or his legal representative, or his spottse orparents, shall be issued within six months of the date on,which the charge was incurred. Thedepart/1104 may make necessary investigations to determine tiks ability/to pay. The 'order shellrenin in hill force and.effect ynIstss (nodified tiysub3equent court or,<ITartment orders.
(b) As used in (a) of this section, the term "actual cost of the care and trgatmerit"'meanseither the rate,provided for by a Contract entered into under this chapter, or, in the.absence of acontract. a daily,ratkfixed by the department. and includel yxpenses o transportation incidental to.treatment andorrxing out the intent of this chapter.
(c) A perion with a handicap who receives benefits u r this chaptee.lwho is
.
developmentally disabled as defined in sec. 900(7) of this chapter or he person responsible for .paYMent of charges for sucft'a person, may not be required to pay more than $50 a Month towardthe charges for the care. treatment. and traniportatiod in connection with treatment of the person_with a handicap.
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192
. 1 ..... . .(d) The department may charge, of accept from a person money or property, for the care or
treatment of an inpatient or out-patient or, for other purpose$, even if the paymenbis nokrequiredby an order of the departmerit, so long as the total payments received do not exceed the actual costof care or treatment. .. I
(e) All money paid by the person avith a handicap Orork his behalf, under this section, shallbe deposited in the state treasury.
0
(f) If an order of payment is entered by the department under this section and delinquencyin the payment of any amount due the state under the order continues for a period of more than 30c[iys after the notification kthe department to the legal representative, parent, or spouse of theperson, with a handicap, We state may proceed to collect tke amounts due by appropriproceedings: ActiOns to enforce the collection of payments may only bg brought within threeafter thealate notification of a delinquent payment.
Sec. 47.14160. Transportation. When an individual is to be treated under th cApter, thedepartment shall arrange, upon -the request of a pe'rson having if proper interest in the individual'streatment, 'and may Ow for the individual's transportation' to the designated facility, withappropriate medical or nursing attendants and by the available means +Mich are appropriate andsuitable. The department may pay return transportation of an individual and appropriate medicaland nursing attendants. When practicable, one or more relatives or frleflds of the individual to betreated shall be permitted to accompany him. The department may pay necessary aravel. housingand meal expenses incurred by one relative pr friend m accompanying the individual to the facilityif the department determines
%v.
(1) that the best interests of the individual's 1plalth require that fiebe accompanied bythe relative or friend; - .
(2) .the relative or friend accompanying the individuakis indigent.' .
Sec. 4180.170. Provision for personal needs upon discharge. The department shall make4,, arrangements which are necessary to ensure that .... . .
(1) no patient is discharged Or placid on convalescent status from a designated .facility/--without suitable clothing; and . .... . 4.. , .
. (2) an indigent patient dischaiged or place on convalescent status is furnished suitable:transportation to'his permanent residence in this state er suitable place at the discretion ofthi department, and a reasonable atitount-of money to meet hi mediate needs. '
4.. 5- --- r . Akio% 4. boiler& Provisions.
,,,'. "tec. 47,80.900. Definititms.- In this chapter
'N
, (1) "council" means the Governor's Council for 'the' Handicapped and Gifted created bysect 30 of this Chapter; , .
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(2)'. "dePartment" mearis the Department Of Health and Social Services;. '
' (3) "'facilities- for persons with handicaps" means- publicly or privately operatedfacilities, or skillpiiil portions of facilities, designed primarily,for the delivery of services to thoseherson.safie_term entludei but is not limited iioresidentki facilities;
. . v.0)..."46abilitatioh" means edurcation or trabsinglor, the handicapped to enable them to
. gg ,function.betthrlArciatY; .' ' ",
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(S) . Pleastjestrictive setting" means a -residential or other setting for meeting the needof- a handicapped person which requires the least arboeint of restriction of personal liberty byenabling the person to (unction in as normal an environment as oeSSible and to live-as normally asPOssible, within tlib limitations of the handicap; . . .
. .
16)...1'Person with a handicap" means a 'person with a developmental-Visability as definedin (7) of this section or a person who is hard of -hearing, deaf, 40eisch Unpaired; visually 'hanclicapfSed, seriously emotionally disturbed, orthopedically or otherwise health impaired,or whohas a ipeelik learning disability; the term includes bid is not limited to "exceptional children" asdefined In. AS 14.30.350(1) and'AS 44$0450(1);,_ i - '..:- Pt. '
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' . ' - 193..(7) "person with a developmental disability" means a person' having a disability which
) is attributable to
(I) mental retardation. cerebral palsy, epilepsy, pr autism;. .
(ii) any other condition found to be closely related to mental retardationbecause the_ conailion results in impairment of general intellectual functioning ar adaptive
.be- havior similar to impairment resulting from mental retardation; or . .- .
-). OM dyslexia resulting from a disability described in (i) or (ii) Of thistSlibparagraph ; and , . -. 44
(B) constitutes a substantial handicap, to the person's ability to function norinallyin society;
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(8) "residential facility" means a publicly or Privately operated facility which provides24-hour care for four or more persons with handicaps, excluding family, foster family, or adoptivehomes; ... , .
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(9) "substantial handicap" means a disability which prevents pr substantially impedesthe person's participating in and benefiting from the social, economic, educationkrecreational, orother okportunitles generally available to peers in the community Who are not similarlyhandicapped. . ...
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206.
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