Alaska Stat. § 14.12.070 — AK Code / Title 14 / Chapter 14.12 / Section 14.12.070
Vacancies.
Status: in_force

If a vacancy occurs on the school board, the remaining members shall within 30 days fill the vacancy. The person selected shall serve until the next regular election when a successor shall be elected to serve the balance of the term.
Alaska Stat. § 14.40.590 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.590
Director.
Status: in_force

The administrative head of a community college established by the University of Alaska in cooperation with school districts or political subdivisions is a director. The director shall be selected by the board, subject to approval by the governing body of the school district or political subdivision.
Alaska Stat. § 14.30.380 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.380
Environmental education.
Status: in_force

The board shall encourage each school board to initiate and conduct a program of environmental education for kindergarten through grade 12. The program should include, but is not limited to, education regarding the need to balance resource development with environmental safeguards, the dependence of the state on resource development, and the opportunity for pollution prevention, waste reduction, and recycling. A school board may implement environmental education as a part of regular classroom studies.
Alaska Stat. § 14.30.710 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.710
Required records upon transfer.
Status: in_force

Within 14 days after enrolling a child as a transfer student from this or another state in an elementary or secondary school, the school or school district shall request directly from the child's previous school a certified copy of the child's record. An elementary or secondary school or a school district in this state requested to forward a copy of a transferring child's record to another school shall comply with the request within 10 days after receiving the request unless the record has been flagged under AS 14.30.700 . Upon receipt of a request for a record that has been flagged, the school or school district shall immediately notify the Department of Public Safety. Unless directed to do so by the Department of Public Safety, a school or a school district may not forward a copy of a flagged record. In this section, record includes information about the child's commission of an offense that is punishable as a felony or that involved the use of a deadly weapon, as that term is defined in AS 11.81.900 (b).
Alaska Stat. § 14.48.100 — AK Code / Title 14 / Chapter 14.48 / Section 14.48.100
Bonds.
Status: in_force

(a) At the time application is made for authorization to operate, or for renewal of an authorization to operate the commission may require the postsecondary educational institution to file a surety bond in the amount determined by the commission. The amount shall be determined by the number of students the institution seeks to enroll. The amount of the surety bond shall be reexamined by the commission upon each renewal of the authorization to operate to determine if a larger or smaller bond would be appropriate to ensure adequate protection for the students or enrollees, or their parents or guardians, or classes thereof. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state and shall be conditioned to provide indemnification to any student or enrollee, or the student's or enrollee's parent or guardian, or class thereof, determined to have suffered loss or damage as a result of an act or practice which is a violation of this chapter by the postsecondary educational institution and that the bonding company shall pay a final nonappealable order of the commission or judgment of a court of this state having jurisdiction, upon receipt of written notification of the order or judgment. The aggregate liability of the surety for the bond of the institution or agent involved in the order or judgment may not, in any event, exceed the amount of the bond.

(b) An application for an agent's permit shall be accompanied by a surety bond in the amount determined by the commission to be necessary for the protection of the students or enrollees, or their parents or guardians, or classes of these, or to reflect an institution's volume of business in the state. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to any student or enrollee or the student's or enrollee's parents or guardian, or class of these, determined to have suffered loss or damage as a result of an act or practice which is a violation of this chapter by the agent.

(c) The surety bond to be filed under this section shall cover the period of the authorization to operate or the agent's permit, as appropriate, except when a surety is released as provided in this subsection. A surety on a bond filed under this section may be released from that bond after the surety serves written notice of the release to the commission and to the bonded agent or institution 45 days before the release. However, the release does not discharge or otherwise affect a claim filed by a student or enrollee, or a parent or guardian, or class thereof, before or after the release for loss or damage resulting from an act or practice which is a violation of this chapter alleged to have occurred while the bond was in effect or for an institution's ceasing operations during the term for which tuition has been paid while the bond was in force.

(d) Authorization for an institution to operate and an agent's permit shall be suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section. However, the commission shall give the institution or agent, or both, at least 30 days written notice before the release of the surety, to the effect that the authorization or permit shall 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, acceptable to the commission, in the amount specified for bonds.
Alaska Stat. § 14.17.600 — AK Code / Title 14 / Chapter 14.17 / Section 14.17.600
Student count periods.
Status: in_force

(a) Within two weeks after the end of the 20-school-day period ending the fourth Friday in October, each district shall transmit a report to the department that, under regulations adopted by the department, reports its ADM for that count period and other student count information that will aid the department in making a determination of its state aid under the public school funding program. For centralized correspondence study, the October report shall be based on the period from July 1 through the fourth Friday in October. The department may make necessary corrections in the report submitted and shall notify the district of changes made. The commissioner shall notify the governor of additional appropriations the commissioner estimates to be necessary to fully finance the public school funding program for the current fiscal year.

(b) Upon written request and for good cause shown, the commissioner may permit a district to use a 20-school-day count period other than the period set out in (a) of this section. However, a count period approved under this subsection must be 20 consecutive school days unless one or more alternate count periods are necessary to permit a district to implement flexible scheduling that meets the district's needs and goals without jeopardizing the state aid for which the district would ordinarily be eligible under this chapter.
Alaska Stat. § 14.30.660 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.660
Definition.
Status: in_force

In AS 14.30.600  14.30.660, unless the context otherwise requires, agency means the special education service agency.
Alaska Stat. § 14.25.550 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.550
Membership in teachers' and public employees' retirement systems.
Status: in_force

A person who is employed at least half-time in the public employees' defined contribution retirement plan ( AS 39.35.700  39.35.990) during the same period that the person is employed at least half-time in a position in the teachers' defined contribution retirement plan ( AS 14.25.310  14.25.590) shall receive credited service under each plan for half-time employment. However, the amount of credited service a person receives under the public employees' defined contribution retirement plan during a school year may not exceed the amount necessary, when added to the amount of credited service earned during the school year under the teachers' defined contribution retirement plan, to equal one year of credited service.
Alaska Stat. § 14.30.400 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.400
Bilingual-bicultural education.
Status: in_force

City or borough district school boards and regional educational attendance area boards shall provide a bilingual-bicultural education program for each school in a city or borough school district or regional educational attendance area that is attended by at least eight pupils of limited English-speaking ability and whose primary language is other than English. A bilingual-bicultural education program shall be provided under a plan of service that has been developed in accordance with regulations adopted by the department. Nothing in this section precludes a bilingual-bicultural education program from being provided for less than eight pupils in a school.
Alaska Stat. § 14.43.820 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.820
Alaska performance scholarship program; eligibility.
Status: in_force

(a) Subject to appropriation, the commission shall award an Alaska performance scholarship to an applicant who (1) is a resident of the state as defined in AS 01.10.055 ;

(2) graduated or will graduate within 18 months from a high school in the state; and

(3) except as provided in (c) of this section, has completed, is enrolled in, or plans to enroll in a core academic curriculum of high school level coursework that includes (A) four years of mathematics, four years of language arts, four years of science, and four years of social studies, one year of which may include a foreign language, an Alaska Native language, fine arts, cultural heritage, or career and technical education;

(B) three years of mathematics, four years of language arts, three years of science, four years of social studies, and two years of (i) a foreign language, an Alaska Native language, fine arts, or cultural heritage; or

(ii) career and technical education, one year of which includes two semesters of sequentially more rigorous content within a career cluster; or

(C) three years of mathematics, four years of language arts, three years of science, four years of social studies, one year of which may be career and technical education, and two years of a foreign language, an Alaska Native language, fine arts, or cultural heritage.

(b) The commission shall establish in regulation standards for continuing and regaining eligibility for a scholarship.

(c) The commissioner shall waive a portion of the core academic requirements specified under (a)(3) of this section for not more than 24 additional months after a student graduates from a high school in the state to provide an eligible applicant the opportunity to complete the academic requirements at a qualified postsecondary institution using a scholarship awarded under AS 14.43.825 (a) or at a public high school in the state with a district sponsorship under (f) of this section if the applicant submits a timely application on a form approved by the commissioner and provides satisfactory proof that the applicant was unable to complete the academic requirements under (a)(3) of this section as a result of circumstances beyond the applicant's control, including (1) illness or disability;

(2) a lack of reasonable access to the required coursework at a small or remote high school attended by the applicant in the state; and

(3) other circumstances prescribed by regulation adopted by the board.

(d) The commissioner shall approve or deny an application for a waiver submitted under (c) of this section within 30 days after receiving the application.

(e) An applicant who receives a waiver under (c) of this section, shall, within the time granted for the waiver, provide satisfactory proof to the commissioner of completion of the core academic requirements specified under (a)(3) of this section.

(f) Notwithstanding a contrary provision in this title, a school district that agrees to sponsor a student for a waiver under (c) of this section may include a student who has been approved for a waiver under (c) of this section in the student count conducted under AS 14.17.600 as a full-time or part-time student if the student attends a school in the district for the purpose of completing the core academic requirements under (a)(3) of this section.

(g) In this section, (1) career cluster means a group of jobs and industries that are related by skills or products;

(2) district has the meaning given in AS 14.17.990 .

(h) Not later than January 15 of each year, a district shall provide to each student in the district who is enrolled in grade nine or grade 10 information about the Alaska performance scholarship.

(i) Not later than December 31 of each year, a district shall notify each student in the district who is enrolled in grade 11 of the remaining academic requirements the student must meet to be awarded an Alaska performance scholarship at each level described in AS 14.43.825 (a).

(j) Not later than August 15 of each year, the commission shall notify each applicant awarded a scholarship under (a) of this section that the applicant has been awarded an Alaska performance scholarship. The notice must (1) identify the Alaska performance scholarship level awarded as described in AS 14.43.825 (a); and

(2) inform the applicant that (A) the commission may disburse the award only if the applicant meets the requirements described in (l) of this section; and

(B) the commission will adjust the applicant's award under the circumstances described in (k) of this section.

(k) If a district provides information to or otherwise communicates with a student regarding the Alaska performance scholarship, the district shall also provide information about the requirements to increase an award level under AS 14.43.825 (h)  (j).

(l) If, at the time an applicant awarded an Alaska performance scholarship graduates from high school, the applicant's grade-point average differs from the grade-point average on which the commission based the applicant's award, the commission shall adjust the applicant's award in accordance with the applicable Alaska performance scholarship level described in AS 14.43.825 (a).

(m) Notwithstanding (a) of this section, and except as provided in (c) of this section, the commission may disburse an Alaska performance scholarship awarded to an applicant under this section only if the applicant (1) has, at the time of the applicant's graduation from high school, (A) completed the core academic curriculum of high school level coursework described in (a)(3) of this section; and

(B) met the minimum (i) grade-point average in high school described in AS 14.43.825 (a); or

(ii) score on a college entrance examination described in AS 14.43.825 (a); and

(2) is enrolled in good standing in a course of study at a qualified postsecondary institution in this state that is intended to result in the award of a certificate or degree.
Alaska Stat. § 14.20.460 — AK Code / Title 14 / Chapter 14.20 / Section 14.20.460
Duties of commission.
Status: in_force

The commission shall (1) establish procedures, and adopt regulations to implement the purposes of AS 14.20.370  14.20.510;

(2) conduct investigations and hearings on alleged violations of ethical or professional teaching performance, contractual obligations, and professional teaching misconduct;

(3) review the regulations of the department as they relate to teacher certification and recommend necessary changes;

(4) review the decisions of the department regarding the issuance or denial of certificates and in its discretion recommend reversal of decisions.
Alaska Stat. § 14.25.210 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.210
Penalty for false statements.
Status: in_force

(a) A person who knowingly makes a false statement, or falsifies or permits to be falsified any record of this plan, in an attempt to defraud this plan, is guilty of a class A misdemeanor.

(b) In this section, knowingly has the meaning given in AS 11.81.900 (a).
Alaska Stat. § 14.44.060 — AK Code / Title 14 / Chapter 14.44 / Section 14.44.060
Members of the commission.
Status: in_force

(a) One of the commission members shall be the governor; one shall be the state commissioner of education and early development; two shall be members of the state legislature selected by its respective houses and serving in the manner the legislature may determine; one shall be the president of the state Board of Education and Early Development; and two shall be appointed at large by and serve at the pleasure of the governor.

(b) The terms of office of the at-large members shall be four years; however, the first members shall be appointed as follows: one for two years, and one for four years. Each member shall hold office until a successor is appointed and qualified.

(c) The legislative and at-large members of the commission serve without compensation but are entitled to per diem and travel expenses provided by law for other state boards and commissions.
Alaska Stat. § 14.12.080 — AK Code / Title 14 / Chapter 14.12 / Section 14.12.080
Qualification of members.
Status: in_force

To be eligible to be a member of a school board, a person must have the same qualifications as are necessary to be a municipal voter in the school district.
Alaska Stat. § 14.40.367 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.367
Confidential records relating to university land and interests in land.
Status: in_force

Notwithstanding AS 40.25.100  40.25.295, on a determination that it is in the best interest of the University of Alaska or on the request of the person who has provided the information, the president of the university may keep the following confidential: (1) the name of a person applying for the sale, lease, or other disposal of university land or an interest in university land;

(2) before the issuance of a notice of intent to award a contract relating to a sale, lease or disposal of university land or an interest in university land, the names of the participants and the terms of their offers;

(3) all geological, well, geophysical, engineering, architectural, sales, market, cost, appraisal, timber cruise, gross receipts, net receipts, or other financial information relating to university land or an interest in university land and considered for, offered for, or currently subject to disposal or a contract;

(4) cost data and financial information submitted by an applicant in support of applications for bonds, leases, or other information in offerings and ongoing operations relating to management of university land;

(5) applications for rights-of-way or easements across university land; and

(6) requests for information about or applications by public agencies for university land that is being considered for use for a public purpose.
Alaska Stat. § 14.42.025 — AK Code / Title 14 / Chapter 14.42 / Section 14.42.025
Meetings, rules, votes required.
Status: in_force

The commission shall prescribe its own rules of procedure. The commission shall meet once quarterly at a time and place determined by the chairman, and at other times and places as the chairman, or a majority of the members of the commission, consider necessary. A quorum is a majority of the members of the commission. The votes of the commission members shall be recorded, and effective action requires the affirmative vote of a majority of the commission members present. A commission member may not, with respect to a matter before the commission, vote for or on behalf of, or in any way exercise the vote of, another member of the commission.
Alaska Stat. § 14.40.200 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.200
Quorum.
Status: in_force

Corporate business may not be transacted at any meeting of the Board of Regents unless at least six regents are present, the majority of the whole board to approve the same.
Alaska Stat. § 14.40.065 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.065
Student practicums immunity.
Status: in_force

A person is not considered to be an employer of a student of the University of Alaska in a civil action based on the vicarious liability of an employer for the acts or omissions of an employee if the person (1) has agreed to allow the student to gain practical work experience with the person in a practicum that is part of the student's curriculum; and

(2) pays no compensation to the student.
Alaska Stat. § 14.20.475 — AK Code / Title 14 / Chapter 14.20 / Section 14.20.475
Applicability of the Administrative Procedure Act.
Status: in_force

AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under AS 14.20.370  14.20.510.
Alaska Stat. § 14.30.765 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.765
Reading intervention services and strategies; progression.
Status: in_force

(a) Each school district shall offer intensive reading intervention services to students in grades kindergarten through three who exhibit a reading deficiency to assist students in achieving reading proficiency at or above grade level by the end of grade three. The district shall provide the intensive reading intervention services in addition to the core reading instruction that is provided to all students in the general education classroom. The intensive reading intervention services must, to the extent practicable, (1) be provided by a district reading teacher, or paraprofessional under the supervision of a reading teacher, to all students in grades kindergarten through three who are determined to have a reading deficiency based on the statewide screening tool adopted under AS 14.30.760 (a)(1);

(2) provide explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension, as necessary;

(3) use evidence-based reading intervention methods that have shown proven results in accelerating student reading achievement within a single school year;

(4) include instruction with detailed explanations, extensive opportunities for guided practice, and opportunities for error correction and feedback;

(5) incorporate daily targeted small group reading instruction based on student needs, either in person or online;

(6) monitor the reading progress of each student's reading skills throughout the school year and adjust instruction according to student needs;

(7) be implemented during regular school hours through any available method, including in person or through online delivery by teachers or specialty reading coaches;

(8) be implemented outside of regular school hours, as directed in the student's individual reading improvement plan under (b) of this section, for a student who scores at the lowest achievement level on the statewide screening tool;

(9) be reviewed based on a department-approved response to intervention or multi-tiered system support models, addressing additional support and services needed to remedy identified needs; and

(10) support reading intervention at home by parents or guardians by offering a list of adult literacy resources and organizations, providing opportunities for parent or guardian participation in training workshops, and encouraging regular parent or guardian-guided home reading activities.

(b) In addition to the reading intervention services provided under (a) of this section, a school district shall provide an individual reading improvement plan for each student in grades kindergarten through three who is determined to have a reading deficiency based on the statewide screening tool. An individual reading improvement plan developed under this section must (1) be implemented not later than 30 days after identification of the reading deficiency;

(2) be created by the student's reading teacher in consultation with the school principal, the student's parent or guardian, and other pertinent district staff;

(3) describe the evidence-based reading intervention services the student will receive to achieve and demonstrate sufficient reading skills;

(4) provide reading intervention services outside of regular school hours for a student who scores at the lowest achievement level on the statewide screening tool consistent with (a)(8) of this section;

(5) include a process for monitoring progress and adjusting the plan based on student needs;

(6) provide to the student's parent or guardian at least 10 reading progress updates each school year;

(7) be culturally responsive; and

(8) support the student reading at home with a parent or guardian by offering a list of adult literacy resources and organizations, providing opportunities for parent or guardian participation in training workshops, and encouraging regular parent or guardian-guided home reading activities.

(c) If at any time during the school year a student in grades kindergarten through three demonstrates a reading deficiency, the district or school shall notify the student's parent or guardian. The initial notification must (1) be provided to the student's parent or guardian not later than 15 days after identification of the reading deficiency;

(2) state that the district identified the student as having a reading deficiency and that a reading improvement plan will be developed under (b) of this section;

(3) describe current services that the district is providing to the student;

(4) describe the proposed evidence-based reading intervention and supplemental instructional services and supports that the district will provide to the student to improve the identified area of reading deficiency;

(5) explain that the district or school will inform the parent or guardian orally or in writing, as selected by the parent or guardian, of the student's progress toward grade level reading as outlined in the student's individual reading improvement plan;

(6) identify strategies for the parent or guardian to use at home to help the student succeed in reading;

(7) explain that if the student has a reading deficiency at the end of the school year and is in grades kindergarten through two, the student's progression may be delayed unless the student has previously not progressed to the next grade;

(8) explain that a student in grade three should demonstrate sufficient reading skills to progress to grade four under (e) of this section, unless the student receives a waiver under (f) of this section or has previously not progressed to the next grade;

(9) explain the process and deadline to request a waiver under (f) of this section; and

(10) identify mid-year progression as an option for students who do not progress to the next grade.

(d) If it is determined, based on a statewide screening administered in the spring, that a student in grades kindergarten through two has a reading deficiency, the student's teacher and other pertinent district staff shall notify and attempt to meet with the student's parent or guardian to explain that the student will not be able to maintain adequate academic progress at the next grade level. School staff shall work with the parent or guardian to schedule a date, time, and place for the meeting, to be held not later than 45 days before the end of the school year. Following that meeting, the parent or guardian shall determine whether the student will progress to the next grade. If no parent or guardian attends the meeting or if the parent or guardian does not determine whether the student will progress to the next grade, the superintendent or the superintendent's designee shall, after considering the student's best interest and whether the student has previously not progressed to the next grade, determine whether the student will progress to the next grade.

(e) A student in grade three should demonstrate sufficient reading skills to progress to grade four. A student demonstrates sufficient reading skills to progress to grade four by (1) scoring at grade level or higher on the statewide screening tool or on the statewide summative assessment;

(2) achieving an acceptable score on an alternative standardized reading screening as determined and approved by the department; or

(3) demonstrating mastery of reading standards through a student reading portfolio based on criteria established by the department.

(f) If it is determined, based on a statewide screening administered in the spring, that a student in grade three has a reading deficiency, and the student does not demonstrate sufficient reading skills to progress to grade four under (e) of this section, the student's teacher and other pertinent district staff shall notify and attempt to meet with the student's parent or guardian to explain that the student is not prepared to progress to grade four. School staff shall work with the parent or guardian to schedule a date, time, and place for the meeting, to be held not later than 45 days before the end of the school year. Following that meeting, the parent or guardian may decide that the student will not progress to grade four or decide to progress the student to grade four by signing a waiver developed by the department acknowledging that the student is not prepared and agreeing that the student will participate in an additional 20 hours of individual reading improvement plan intervention services during the summer before the student enters grade four. If no parent or guardian attends the meeting or if the parent or guardian does not determine whether the student will progress to the next grade, the superintendent or the superintendent's designee shall, after considering the student's best interests and whether the student has previously not progressed to the next grade, determine whether the student will progress to grade four.

(g) A superintendent or superintendent's designee may exempt a student from delayed progression when progression is in the student's best interests. When determining if progression is in a student's best interests, the superintendent or superintendent's designee shall consider whether (1) the student has received intensive reading intervention services for two or more years and still demonstrates a reading deficiency;

(2) the student's primary language is a language other than English; and

(3) the student has a disability and has an individualized education plan under AS 14.30.278 or a plan under 29 U.S.C. 794.

(h) If no parent or guardian attends the meeting, and a superintendent or superintendent's designee decides that a student in grades kindergarten through three will not progress to the next grade under (d) or (f) of this section, the district or school in which the student is enrolled shall provide immediate oral and written notification to the student's parent or guardian. The written notification must explain that the parent or guardian may reschedule the meeting provided under (d) or (f) of this section and that during a meeting (1) for a student in grades kindergarten through two, the parent or guardian may decide to progress the student; and

(2) for a student in grade three, the parent or guardian may decide to progress the student to grade four by signing a waiver under (f) of this section.

(i) For a student who does not progress to the next grade under (d) or (f) of this section, or who progresses to the next grade with a waiver under (f) of this section, the district in which the student is enrolled shall (1) review the student's individual reading improvement plan;

(2) provide intensive reading intervention services to improve the area of reading deficiency using effective instructional strategies to accelerate student progress;

(3) provide additional services and support to improve the student's identified area of reading deficiency, including (A) a transitional instructional setting that is designed to produce learning gains;

(B) supplemental tutoring offered by a person with specialized reading training;

(C) an increase in time dedicated to the reading instruction methods described in (a)(3)  (5) of this section, including more extensive opportunities for guided practice and error correction and feedback;

(4) develop a plan for reading at home outlined in an agreement with the student's parent or guardian, including parent or guardian participation in training workshops and regular parent or guardian-guided home reading activities.

(j) For a student who does not progress to grade one, grade two, or grade three under (d) of this section, the district in which the student is enrolled shall, upon request by the student's parent or guardian, develop a plan for the student's mid-year progression.

(k) A school district shall adopt a policy providing for mid-year progression of a student who does not progress to grade four under (f) of this section if the student (1) demonstrates sufficient reading skills to progress to grade four on the fall or winter statewide screening; and

(2) meets additional requirements determined by the district, including satisfactory achievement in other subject areas.

(l) A district shall, for the remainder of the academic year, and, if necessary, for additional school years, continue to implement an individual reading improvement plan for a student promoted mid-year under (j) or (k) of this section.

(m) Unless a parent or guardian decides that a student will not progress to the next grade under (d) or (f) of this section, a district or school may not delay the student's progression under this section if the student previously did not progress to the next grade.

(n) In this section, reading teacher means a teacher who (1) holds a valid teacher certificate under AS 14.20 ;

(2) has demonstrated effectiveness in instructing students to read at or above grade level as measured by student reading performance data and in teacher performance evaluations; and

(3) meets the requirements established by the state Board of Education and Early Development in regulation.
Alaska Stat. § 14.25.490 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.490
Amendment and termination of plan.
Status: in_force

(a) The state has the right to amend the plan at any time and from time to time, in whole or in part, including the right to make retroactive amendments referred to in 26 U.S.C. 401(b).

(b) The plan administrator may not modify or amend the plan retroactively in such a manner as to reduce the benefits of any member accrued to date under the plan by reason of contributions made before the modification or amendment except to the extent that the reduction is permitted by the Internal Revenue Code.

(c) The state may, in its discretion, terminate the plan in whole or part at any time without liability for the termination. If the plan is terminated, all investments remain in force until all individual accounts have been completely distributed under the plan, and, after all plan liabilities are satisfied, excess assets revert to the employer.

(d) Any contribution made by an employer to the plan because of a mistake of fact must be returned to the employer by the administrator within one year after the contribution or discovery, whichever is later.
Alaska Stat. § 14.25.560 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.560
Legislators who have been teachers.
Status: in_force

(a) A state legislator who was an active member of the defined contribution plan under other sections of AS 14.25.310  14.25.590 within the 12 months immediately preceding election to office may, subject to the requirements of (b) of this section, elect to be an active member of the teachers' defined contribution retirement plan for as long as the state legislator serves continuously as a state legislator if, within 90 days after taking the oath of office, (1) the state legislator directs the employer in writing to (A) pay into this plan the employer contributions required for a member under AS 14.25.310  14.25.590; and

(B) deduct from the state legislator's salary and pay into this plan (i) the employee contributions required for a member under AS 14.25.310  14.25.590; and

(ii) an amount equal to the difference between the total employer and state contributions required for a member under AS 14.25.310  14.25.590 and the employer contributions that would be required under the public employees' defined contribution retirement plan ( AS 39.35.700  39.35.990) if the legislator were covered under that plan; and

(2) notice is given the administrator in writing.

(b) A state legislator is not entitled to elect membership under (a) of this section if the state legislator is covered for the same period of service under the public employees' defined contribution retirement plan ( AS 39.35.700  39.35.990). An election of membership under (a) of this section is retroactive to the date the state legislator took the oath of office. A state legislator may not receive membership credit under (a) of this section for legislative service performed before the legislative session during which the state legislator elected membership under (a) of this section. In order to continue in membership service under (a) of this section, the state legislator must earn at least 0.3 years of membership service under other sections of AS 14.25.310  14.25.590 during each five-year period.
Alaska Stat. § 14.40.170 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.170
Duties and powers of Board of Regents.
Status: in_force

(a) The Board of Regents shall (1) appoint the president of the university by a majority vote of the whole board, and the president may attend meetings of the board;

(2) fix the compensation of the president of the university, all heads of departments, professors, teachers, instructors, and other officers;

(3) confer appropriate degrees as it may determine and prescribe;

(4) have the care, control, and management of (A) all the real and personal property of the university; and

(B) land (i) conveyed to the Board of Regents by the commissioner of natural resources in the settlement of the claim of the University of Alaska to land granted to the state in accordance with the Act of March 4, 1915 (38 Stat. 1214), as amended, and in accordance with the Act of January 21, 1929 (45 Stat. 1091), as amended; and

(ii) conveyed to the Board of Regents in trust for the University of Alaska by the commissioner of natural resources under AS 14.40.365 ;

(5) keep a correct and easily understood record of the minutes of every meeting and all acts done by it in pursuance of its duties;

(6) under procedures to be established by the commissioner of administration, and in 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 money received and disbursed;

(7) adopt reasonable rules for the prudent trust management and the long-term financial benefit to the university of the land of the university;

(8) provide public notice of sales, leases, exchanges, and transfers of the land of the university or of interests in land of the university;

(9) administer, manage, market, and promote an education savings program, including the Education Trust of Alaska under AS 14.40.802 and the Alaska advance college tuition savings fund under AS 14.40.803  14.40.817;

(10) designate buildings owned by the university as covered buildings for purposes of paying the costs of use, management, operation, maintenance, and depreciation from the fund established under AS 37.05.555 .

(b) The Board of Regents may (1) adopt reasonable rules, orders, and plans with reasonable penalties for the good government of the university and for the regulation of the Board of Regents;

(2) determine and regulate the course of instruction in the university with the advice of the president;

(3) set student tuition and fees;

(4) receive university receipts and, subject to legislative appropriation, expend university receipts in accordance with AS 37.07 (Executive Budget Act);

(5) apply for and use the proceeds of a loan from the Alaska energy efficiency revolving loan fund ( AS 18.56.855 ).
Alaska Stat. § 14.60.010 — AK Code / Title 14 / Chapter 14.60 / Section 14.60.010
Definitions.
Status: in_force

In this title, unless the context otherwise requires, (1) attendance area means the geographic area designated by the department to be served by a school;

(2) board means the state Board of Education and Early Development;

(3) commissioner means the commissioner of education and early development;

(4) culturally responsive means showing respect for and recognition of the traditions, beliefs, languages, values, and practices of the local culture that has historically been present in the geographic area being served;

(5) department means the Department of Education and Early Development;

(6) governing body means the school board of a borough or city school district or a regional educational attendance area;

(7) parent or guardian includes a natural, adoptive, and foster parent, stepparent, legal guardian, relative, and other adult person with whom a student has resided and who has acted as a parent in providing for the student or has been responsible for the student's welfare for a continuous period.

(8) public schools include elementary schools, high schools, citizenship night schools for adults, and other public educational institutions that may be established;

(9) regional educational attendance area means an educational service area in the unorganized borough which may or may not include a military reservation, and that contains one or more public schools of grade levels K-12 or any portion of those grade levels that are to be operated under the management and control of a single regional school board;

(10) school board means the school board of a borough or city school district or a regional educational attendance area.
Alaska Stat. § 14.14.130 — AK Code / Title 14 / Chapter 14.14 / Section 14.14.130
Chief school administrator.
Status: in_force

(a) A school board may select and employ a qualified person as the chief school administrator for the district. In this subsection, employ includes employment by contract.

(b) If the district employs a chief school administrator, the administrator shall administer the district in accordance with the policies that the school board prescribes by bylaw.

(c) If the district employs a chief school administrator, the administrator shall select, appoint, and otherwise control all school district employees that serve under the chief school administrator subject to the approval of the school board.

(d) This section does not prohibit two or more school districts from sharing the services of a chief school administrator.
Alaska Stat. § 14.48.160 — AK Code / Title 14 / Chapter 14.48 / Section 14.48.160
Enforceability of notes and contracts; student loans.
Status: in_force

(a) If a person to whom educational services are to be furnished by a postsecondary educational institution is a resident of this state at the time a contract relating to payment for the services, or a note, instrument, or other evidence of indebtedness relating to the services, is entered into, the provisions of this section govern the rights of the parties to the contract or evidence of indebtedness. The following agreements or provisions of an agreement entered into in connection with the contract or the giving of evidence of indebtedness are invalid: (1) that the law of another state shall apply;

(2) that the maker or person liable on the contract or evidence of indebtedness consents to the jurisdiction of another state;

(3) that another person is authorized to confess judgment on the contract or evidence of indebtedness;

(4) that venue is fixed in a particular place.

(b) No note, instrument, or other evidence of indebtedness, or contract relating to payment for education or educational services is enforceable in the courts of this state by (1) a postsecondary educational institution operating in this state unless the institution has authorization to operate under this chapter, or (2) a postsecondary educational institution having an agent in this state unless the agent had an agent's permit issued under this chapter authorizing the enrolling of or 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 other charges of a postsecondary educational institution for educational or other services or facilities to be rendered by the institution, shall conspicuously mark student loan on the face of a note, instrument, or other evidence of indebtedness taken in connection with the loan or extension of credit. If the lending agency fails to do so, it is liable for loss or damage suffered by a subsequent assignee, transferee, or holder of the evidence of indebtedness because of the absence of the notation. Notwithstanding the presence or absence of the notation, and notwithstanding an agreement to the contrary, the lending agency making the loan or extending the credit, and a transferee, assignee, or holder of the evidence of indebtedness is subject to all defenses and claims that could be asserted against the postsecondary educational institution that was to render the services or facilities, by any party to the evidence of indebtedness or by the person to whom the services or facilities were to be rendered, up to the amount remaining to be paid. For purposes of this section, lending agency means postsecondary educational institution, or a person controlling, controlled by, or held in common ownership with, a postsecondary educational institution, or regularly loaning money to, or to students of, a postsecondary educational institution.
Alaska Stat. § 14.40.420 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.420
University designated as beneficiary under Hatch Act and empowered to establish Agricultural Experiment Station.
Status: in_force

The University of Alaska is designated as the beneficiary under the provisions of the Hatch Act and may establish a department to be known as the Agricultural Experiment Station.
Alaska Stat. § 14.43.420 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.420
Limitation on grants.
Status: reserved

(a) A grant made under AS 14.43.400  14.43.420 may not be in an amount that exceeds $4,000 for each school year.

(b) [Repealed, § 31 ch 63 SLA 2004.] (c) A student may receive not more than a total of $16,000 in grants awarded under AS 14.43.400  14.43.420.

(d) The commission may apply the amounts awarded under AS 14.43.400  14.43.420 to a state match required by federal grant programs under 20 U.S.C. 1070c-2.
Alaska Stat. § 14.40.115 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.115
Establishment of Mineral Industry Research Program.
Status: in_force

The University of Alaska shall establish a Mineral Industry Research Program and coordinate with state and federal mineral agencies to implement the program by (1) using the laboratory facilities and staff of the College of Earth Sciences and Mineral Industry to initiate applied and appropriate basic research in the areas of mineral beneficiation, mine and mill design, new mineral product development, and improvement of exploration methods, such as geochemical and geophysical prospecting;

(2) making the facilities of the program available for research on mineral deposits in the state;

(3) making studies on specific problems relative to Alaska's mineral industry upon request.
Alaska Stat. § 14.48.165 — AK Code / Title 14 / Chapter 14.48 / Section 14.48.165
Immunization of postsecondary students.
Status: in_force

(a) A postsecondary educational institution in this state shall provide written notice to each student who intends to reside in campus housing before the student's initial period of residence that includes the following information: (1) meningococcal disease (A) is a serious illness that can cause death within a few hours of onset; one in 10 cases is fatal, and one in seven survivors of the illness is left with severe disability;

(B) is a contagious but also largely preventable infection of the spinal cord fluid and the fluid surrounding the brain;

(2) scientific evidence suggests that college students living in campus housing are at a moderately increased risk of contracting meningococcal disease; and

(3) immunization against meningococcal disease decreases the risk of contracting the illness.

(b) A student attending a postsecondary educational institution and who is physically present on the campus of the postsecondary educational institution shall sign a document provided by the institution indicating that the student has received (1) an immunization against meningococcal disease; or

(2) the notice described under (a) of this section.

(c) Nothing in this section may be construed to require a postsecondary educational institution to provide or pay for immunizations against meningococcal disease.
Alaska Stat. § 14.40.671 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.671
Participation.
Status: in_force

(a) An employee in a participating position may elect to participate in a university retirement program or to participate in the appropriate state retirement system. Eligibility to participate in a program begins on an employee's appointment to a participating position.

(b) An election under (a) of this section to participate in a university retirement program is irrevocable. The election shall be made in writing on a form provided by the board and approved for the state by the commissioner of administration. The form must be filed with the university not later than 30 days after the date on which the employee is notified by the university that the employee is eligible to participate in the program. A copy of the form shall be delivered to the appropriate state retirement system. The election becomes irrevocable on the date it is received by the board.

(c) Participation in a university retirement program constitutes a waiver of all rights and benefits under the state retirement systems earned on or after the effective date of the election while the employee is participating in a university retirement program.

(d) Except as provided in (e) of this section, if a nonvested member of a state retirement system participates in a university retirement program, the employee may choose to transfer the amount in the employee's contribution account to a university retirement program. If the employee chooses to transfer the account, the appropriate state retirement system shall pay to the university on behalf of the employee an amount equal to the balance in the account. The payment must be made within 45 days after notice of the employee's decision to transfer the employee's contribution account to a university retirement program is received by the state retirement system. The financial officer of the university shall immediately pay the amount received to the designated company or companies for the benefit of the employee. An employee who transfers assets under this subsection may not reclaim the corresponding service in the state retirement system if the employee is reemployed under the state retirement system.

(e) An employee whose rights to transfer assets out of a state retirement system are subject to a qualified domestic relations order is entitled to transfer assets from the state retirement system to a university retirement program only if the requirements for receiving a refund under AS 14.25.150 (b), 14.25.360, AS 39.35.200 (c), or 39.35.760, as appropriate, are met.

(f) If a vested member of a state retirement system elects to participate in a university retirement program, the employee ceases to be an active member of the state retirement system on the effective date of the participation in a university retirement program. The employee retains all benefits accrued in the state retirement system.

(g) An employee who does not participate in a university retirement program under this section becomes or remains a member of the appropriate state retirement system.

(h) Notwithstanding (b) of this section, the university may offer an employee who made an election not to participate in an optional university retirement program at the time the employee was eligible to participate in the program an option to enroll in a different university retirement program.
Alaska Stat. § 14.40.230 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.230
Powers of regents to remove officers.
Status: in_force

The Board of Regents may remove from office any officer of the University of Alaska by a majority vote of the whole board when in its judgment the good of the university requires it.
Alaska Stat. § 14.07.115 — AK Code / Title 14 / Chapter 14.07 / Section 14.07.115
Removal.
Status: in_force

Members of the board serve at the pleasure of the governor.
Alaska Stat. § 14.40.210 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.210
Powers and duties of president of the university; research and development.
Status: in_force

(a) The president of the University of Alaska may (1) give general direction to the work of the University of Alaska in all its departments subject to the approval of the Board of Regents;

(2) appoint the deans, heads of departments, professors, assistants, instructors, tutors, and other officers of the University of Alaska to the positions established by the Board of Regents;

(3) establish procedures for receipt, expenditure, and fiscal year reporting of university receipts;

(4) approve a contract between the University of Alaska and an employee that authorizes the employee to conduct research or other development of intellectual property and to develop, operate, or own a business related to or resulting from the research conducted during the employment; a business described under this paragraph may be jointly owned by the employee and the University of Alaska.

(b) The president of the University of Alaska shall separately account for university receipts deposited in the treasury of the university. The annual estimated balance in the account may be used by the legislature to make appropriations to the university to carry out the purposes of this chapter.

(c) The president of the University of Alaska shall implement a policy and procedure for the acceptance of academic credit toward a degree or technical program offered by the university if an applicant provides satisfactory evidence of successful completion of relevant military education, training, or service as a member of the armed forces of the United States, the United States Reserves, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state.
Alaska Stat. § 14.43.015 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.015
Alternate upon refusal or failure to accept.
Status: in_force

If a person entitled to receive the benefit of AS 14.43.010 declines or fails to accept it, the graduate next in line in class standing is entitled to receive the benefit.
Alaska Stat. § 14.03.085 — AK Code / Title 14 / Chapter 14.03 / Section 14.03.085
Procurement preference for recycled Alaska products.
Status: in_force

A school district shall comply with AS 29.71.050 , except that in AS 29.71.050 (b),  AS 29.71.040  is read as  AS 36.15.050 , and in AS 29.71.050 (a)  (c) and (e), municipal and municipality are read as school district. In this section, school district does not include regional educational attendance areas.
Alaska Stat. § 14.50.080 — AK Code / Title 14 / Chapter 14.50 / Section 14.50.080
Consent to reasonable conditions.
Status: in_force

The governor or the board as the federal law may require may accept all reasonable conditions which may be required by the federal government as a condition to receiving federal money for education purposes.
Alaska Stat. § 14.25.043 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.043
Reemployment of retired members.
Status: reserved

(a) Except as provided in (f) of this section, if a retired member again becomes an active member, benefit payments may not be made during the period of reemployment. During the period of reemployment, deductions from the member's salary will be made in accordance with AS 14.25.050 .

(b) [Repealed, § 12 ch 57 SLA 2001 as amended by § 6 ch 15 SLA 2003 and § 10 ch 50 SLA 2005.] (c) Except as provided in (f) of this section, upon subsequent retirement, the retired member is entitled to receive an additional benefit based on the credited service and the average base salary during the period of reemployment in accordance with AS 14.25.110 . If the initial benefit payments to which the retired member is eligible have been actuarially reduced because the member retired early under AS 14.25.110 (b), the member shall also receive an incremental benefit based on the amount of the actuarial reduction imposed by AS 14.25.110 (j) on the first benefit and the length of time that the employee was reemployed and not receiving retirement benefits. The amount of the incremental benefit is equal to the difference between the normal retirement benefit to which the member would have been entitled had the member taken a normal retirement and the early retirement benefit that the member has been receiving based on the member's initial period of employment multiplied by the total number of months that the member did not receive retirement benefits because of reemployment and that amount actuarially adjusted to be paid over the expected lifetime of the member.

(d) A member who retired under AS 14.25.110 (a) and participated in a retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who is subsequently reemployed as a commissioner may become an active member without losing the incentive credit provided under the applicable retirement incentive plan and is not subject to any related reemployment indebtedness.

(e) [Repealed, § 6 ch 15 SLA 2003 as amended by § 10 ch 50 SLA 2005.] (f) If a member who retired under AS 14.25.110 (a) is reemployed by a school district under AS 14.20.136 , (1) the member does not become an active member;

(2) the member shall continue to receive retirement benefits from the plan as though the member were not reemployed by the school district;

(3) deductions from the member's salary may not be made under AS 14.25.050 ; and

(4) the member may not receive credited service in the plan during the period of reemployment.

(g) Notwithstanding (f) of this section, a member who is retired under AS 14.25.110 (a) and reemployed by a school district under AS 14.20.136 is eligible to receive the group health plan coverage provided to active members employed by that school district.
Alaska Stat. § 14.57.050 — AK Code / Title 14 / Chapter 14.57 / Section 14.57.050
Collections management; acquisitions and dispositions.
Status: in_force

(a) On recommendation of the committee, the department shall adopt regulations governing the museum's in-house acquisitions committee, and the management and disposition of artifacts, natural history specimens, art objects, collections or other items, materials, or properties that are owned by, in the custody of, or are proposed for acquisition by, the state museum. The regulations must be consistent with AS 14.57.200  14.57.290.

(b) Artifacts, natural history specimens, art objects, collections, or other items, materials, or properties that relate to the history of Alaska and are appropriate for preservation in the state museum of a value of $5,000 or more may not be acquired by purchase, gift, or exchange, or otherwise nor may any item owned by, or in the custody of, the state museum be disposed of by sale, gift, exchange, or otherwise, without the written approval of the committee. In recommending the acquisition or disposal of an item under this subsection for the state museum, the committee shall evaluate the need for the item or collection proposed for acquisition or disposal with reference to the scope of collections of the state museums.

(c) The committee may obtain an independent, professional appraisal of the value of each item to be acquired or disposed of by or for the state museum.
Alaska Stat. § 14.30.145 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.145
Opioid overdose drugs.
Status: in_force

(a) Each school district shall ensure that (1) a person trained to administer an opioid overdose drug is on site (A) when the main school building of each school in the school district is open to students or staff, including periods when the school building is open before and after school hours and during weekend activities; and

(B) during each school-sponsored event conducted on school grounds;

(2) the main school building of each school in the school district has at least two doses of an opioid overdose drug available on site; and

(3) at least one dose of an opioid overdose drug is available during a school-sponsored event conducted on school grounds.

(b) The Department of Health shall provide each school district with the opioid overdose drug required under this section. The commissioner of health shall develop and provide to each school district a short training video about how and when to administer an opioid overdose drug.

(c) A school district, school, or individual is not liable for civil damages for an injury to another individual resulting from a failure to possess or maintain an opioid overdose drug under this section.

(d) In this section, (1) main school building means the building on school grounds where most of the students of the school are educated during regular school hours and the principal, nurse, and other administrative staff of the school are located;

(2) opioid overdose drug has the meaning given in AS 17.20.085 (e);

(3) school district means a borough school district, a city school district, a regional educational attendance area, and a state boarding school;

(4) school grounds means a building, structure, athletic playing field, playground, parking area, or land contained within the real property boundary line of a school in a school district.
Alaska Stat. § 14.11.126 — AK Code / Title 14 / Chapter 14.11 / Section 14.11.126
State aid for costs of charter school facilities construction, lease, and major maintenance.
Status: in_force

During each fiscal year, the state shall allocate to a school district and regional educational attendance area that is approved for a charter school facilities construction, lease, or major maintenance grant under AS 14.11.121 an amount that is not less than $1 for each pupil enrolled in the charter school.
Alaska Stat. § 14.40.491 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.491
Definition of university receipts.
Status: in_force

In AS 14.40.120  14.40.491, university receipts includes (1) student fees, including tuition;

(2) receipts from university auxiliary services;

(3) recovery of indirect costs of university activities;

(4) receipts from sales and rentals of university property;

(5) federal receipts;

(6) gifts, grants, and contracts;

(7) receipts from sales, rentals, and the provision of services of educational activities; and

(8) receipts attributable to amounts distributed from university endowments established and managed under AS 14.40.280 and from the endowment trust fund established and managed under AS 14.40.400 .
Alaska Stat. § 14.25.125 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.125
Conditional service retirement benefits.
Status: in_force

(a) Subject to AS 14.25.167 , a member is eligible for a normal retirement salary at age 60 with at least (1) two years membership service if the member also is eligible for a normal retirement benefit under the public employees' retirement system ( AS 39.35 ); or

(2) one year of membership service if the member is a retired member of the public employees' retirement system.

(b) Subject to AS 14.25.167 , a member is eligible for an early retirement salary at age 55 with at least (1) two years of membership service if the member also is eligible for an early retirement benefit under the public employees' retirement system ( AS 39.35 );

(2) one year of membership service if the member is a retired member of the public employees' retirement system.

(c) Membership service for which contributions were refunded is not creditable under this section.

(d) The monthly amount of a conditional service retirement benefit shall be calculated on the years of credited service in accordance with AS 14.25.110 (d), except that a member may irrevocably elect to substitute average monthly compensation as defined in AS 39.35.680 in place of the member's average base salary divided by 12.

(e) Benefits payable under this section accrue from the first day of the month (1) in which the member meets the eligibility requirements of this section, (2) following the date of termination, and (3) following application for retirement, and are payable the last day of the month. If payment is delayed, a retroactive payment shall be made to cover the period of deferment. The last payment shall be made for the month in which the member dies or is no longer eligible for a benefit under this section.
Alaska Stat. § 14.25.061 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.061
Retroactive indebtedness.
Status: reserved

(a) A member who was not subject to the provisions of AS 14.25.009  14.25.220, but who becomes subject to them because of a legislative change, may elect to receive credit for retroactive membership service by contributing to the plan an amount equal to the contributions the member would have made had the member been subject to the provisions of AS 14.25.009  14.25.220 for those years of retroactive service after June 30, 1955. Retroactive contributions are not required for retroactive membership service before July 1, 1955. Compound interest at the rate prescribed by regulation shall be added to the retroactive indebtedness from July 1, 1966, or the time of first becoming eligible under AS 14.25.009  14.25.220, whichever is later, to the date of payment or the date of retirement, whichever occurs first.

(b) If retroactive indebtedness contributions have been made for retroactive service before July 1, 1955, the member is entitled to a refund of those retroactive membership indebtedness contributions.

(c) [Repealed, § 133 ch 9 FSSLA 2005.]
Alaska Stat. § 14.14.290 — AK Code / Title 14 / Chapter 14.14 / Section 14.14.290
Interns.
Status: in_force

An intern may be appointed to serve on the staff of the board or the district administrator for a period of time prescribed by the board, with a maximum of one year. An intern may be assigned responsibilities in any office, department, or agency of the district. Service begins at a time prescribed by the board. Interns shall be appointed without regard to political affiliation. Salaries shall be individually established by the board on the basis of prior experience and the responsibilities of the position to which the intern is assigned.
Alaska Stat. § 14.40.430 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.430
Acceptance of federal appropriation for agricultural extension work.
Status: in_force

The state assents to the provisions and accepts the benefits of the Act of Congress entitled An Act to provide for cooperative extension work between agricultural colleges in the United States receiving the benefits of an Act of Congress approved July 2, 1862, and of Acts supplementary thereto and the United States Department of Agriculture approved May 8, 1914, as amended and supplemented and known as the Smith-Lever Act and extended to Alaska by an Act of Congress entitled An Act to extend the benefits of the Hatch Act and the Smith-Lever Act to the Territory of Alaska approved February 23, 1929, in behalf of the University of Alaska. The commissioner of revenue is designated as the officer to whom the appropriations shall be paid.
Alaska Stat. § 14.43.320 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.320
Administering authority.
Status: in_force

(a) The memorial education loans provided for under AS 14.43.250  14.43.325 shall be administered by the executive director of the commission, subject to review by the commission and to those regulations the commission may prescribe to carry out the purposes of AS 14.43.250  14.43.325.

(b) To the extent that they are not in conflict with the provisions of AS 14.43.250  14.43.325, the provisions of AS 14.43.091  14.43.160 relating to education loans are applicable to loans made under AS 14.43.250  14.43.325.
Alaska Stat. § 14.33.100 — AK Code / Title 14 / Chapter 14.33 / Section 14.33.100
Required school crisis response planning.
Status: in_force

(a) Each district shall develop a model school crisis response plan for use by each school in the district. Each school in a district shall develop a school specific crisis response plan. Each school shall form a crisis response team consisting of the principal, one certified and one classified member of the school staff, and one parent whose child attends the school. The crisis response team may include one member of the governing board or advisory school board, a school counselor, a member from local law enforcement authorities, and one student in grade 10 or higher if the school has those grades. The district and each school within the district shall consult with local social services agencies and local law enforcement authorities when developing the school crisis response plan.

(b) A school specific crisis response plan must meet standards as determined by the department by regulation. A school specific crisis response plan must include (1) the person in charge and a designated substitute;

(2) the names of the crisis response team members and their specific job functions relating to a crisis;

(3) a communication plan;

(4) protocols for responding to immediate physical harm of students, faculty, or staff and to traumatic events, including the period after the events have concluded;

(5) disaster and emergency procedures to respond to earthquakes, fire, flood, explosions, or other events or conditions in which death or serious injury is likely;

(6) crisis procedures for safe entrance to and exit from the school by students, parents, and employees, including an evacuation and lockdown plan; and

(7) policies for enforcing school discipline and maintaining a safe and orderly environment during the crisis.

(c) Each district shall annually review and update as appropriate each school's crisis response plan. A copy of each school's crisis response plan, as annually updated, shall be retained by the district and a copy provided to each local agency that has a role in the plan. Notice of completion of the annual review and update and the location of a school's crisis response plan shall be posted at each school in the district. A school crisis response plan shall be printed and available for inspection by the public.

(d) Each district shall provide to each district employee training in crisis response, including evacuation and lockdown drills. New district employees who have not previously received the training required under this subsection shall receive the required training within two years after the first day of employment and, thereafter, according to the schedule adopted by the governing body of a school district.

(e) In this section, (1) crisis includes a traumatic event or emergency condition that creates distress, hardship, fear, or grief;

(2) district has the meaning given in AS 14.17.990 .

Article 3. Required School Disciplinary and Safety Program.
Alaska Stat. § 14.11.015 — AK Code / Title 14 / Chapter 14.11 / Section 14.11.015
Approval of grant applications.
Status: in_force

(a) The board shall review grant applications that have been recommended by the department under AS 14.11.013 , and may approve a grant application if the board determines that the project meets the criteria specified in AS 14.11.013 (a)(1) and 14.11.014. The department may not award a grant unless the grant application is approved by the board.

(b) To the extent that money is available in the appropriate fund, the department shall award grants approved under (a) of this section in the order of the projects' priority on the date the appropriation bill funding the appropriate grant fund is passed by the legislature, regardless of any appeal pending under AS 14.11.016 . Appeals pending under AS 14.11.016 at the time that grants are awarded may not delay the funding of grants awarded under this section.

(c) If a project is assigned a new priority ranking under AS 14.11.016 after the date of passage by the legislature of the appropriation bill for the appropriate grant fund, the project must be funded from the appropriate fund in accordance with the new priority ranking at the next time that grants are awarded.
Alaska Stat. § 14.18.030 — AK Code / Title 14 / Chapter 14.18 / Section 14.18.030
Discrimination in counseling and guidance services prohibited.
Status: in_force

Guidance and counseling services in public education are available to students equally and shall stress access to career and vocational opportunities to students without regard to sex.
Alaska Stat. § 14.25.430 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.430
Manner of electing distributions.
Status: in_force

(a) Any election or any alteration or revocation of a prior election by a participant for any purpose under this plan shall be on forms or made in a manner prescribed for that purpose by the plan administrator. To be effective, the forms required or the required action for any purpose under this plan must be completed and received in accordance with regulations adopted by the commissioner of administration.

(b) At any time, but not less than seven days before the distribution commencement date, a member, alternate payee, or beneficiary may change (1) the form of payment election;

(2) an election to commence benefits; or

(3) the joint annuitant designation.

(c) Changes in elections are not allowed on or after seven days before the distribution commencement date.
Alaska Stat. § 14.33.125 — AK Code / Title 14 / Chapter 14.33 / Section 14.33.125
Student restraint or seclusion; limitations.
Status: in_force

(a) A public school disciplinary and safety program must (1) prohibit restraint or seclusion of a student except as provided in (b) of this section;

(2) be annually reviewed with school personnel;

(3) include a written report of each incident that is maintained in the student's record as described in (d) of this section; and

(4) include a review of each incident in which restraint or seclusion is used as provided in (e) of this section.

(b) A teacher, teacher's assistant, or other person responsible for students may physically restrain or seclude a student only if (1) the student's behavior poses an imminent danger of physical injury to the student or another person;

(2) less restrictive interventions would be ineffective to stop the imminent danger to the student or another person;

(3) the person continuously monitors the student in face-to-face contact or, if face-to-face contact is unsafe, by continuous direct visual contact with the student;

(4) the person has received training in crisis intervention and de-escalation and restraint techniques that has been approved by the department under AS 14.33.127 , unless a trained person is not immediately available and the circumstances are rare and present an unavoidable and unforeseen emergency; and

(5) the restraint or seclusion is discontinued immediately when the student no longer poses an imminent danger of physical injury to the student or another person or when a less restrictive intervention is effective to stop the danger of physical injury.

(c) A teacher, teacher's assistant, or other person responsible for students may not (1) use chemical restraint;

(2) use mechanical restraint; or

(3) physically restrain a student by placing the student on the student's back or stomach or in a manner that restricts the student's breathing.

(d) School personnel who restrain or seclude a student shall provide a written report of the incident to the school administrator. A school shall provide a copy of the report to the student's parents or legal guardians. The report must include (1) the date and time of the incident;

(2) the names and job titles of school personnel who participated in or supervised the incident;

(3) a description of the activity that preceded the incident, including efforts and strategies used with the student before the incident;

(4) a description of the incident, including the type and duration of the intervention used;

(5) a description of how the incident ended, including any further action taken.

(e) A school district shall ensure that a review process is established and conducted for each incident that involves restraint or seclusion of a student. The review must be conducted as soon as practicable after the event and include (1) staff review of the incident;

(2) follow-up communication with the student and the student's parent or legal guardian;

(3) review of and recommendations for adjusting or amending procedures, strategies, accommodations, individualized education plans, or other student behavior plans, or for additional staff training.

(f) Each school district shall annually report to the department, on a form acceptable to the department, the total number of incidents involving the restraint or seclusion of a student. The report must specify (1) the number of incidents that resulted in injury or death of students or personnel;

(2) the number of incidents in which school personnel involved in the restraint or seclusion were not trained in an approved crisis intervention training program as described in AS 14.33.127 (b); and

(3) the number of incidents involving the restraint or seclusion of a child with a disability under AS 14.30.350 ; the report must also include the category of the disability of the child involved in each incident.

(g) In this section, (1) chemical restraint means a psychopharmacologic drug that is used on a student for discipline or convenience and that is not required to treat a medical symptom;

(2) mechanical restraint means the use of a device that is not a medical device or protective equipment prescribed by a qualified health care professional to restrict a student's freedom of movement;

(3) physically restrain or physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student's arms, legs, or head freely;

(4) restraint means physical restraint, chemical restraint, mechanical restraint, or other aversive behavioral interventions that compromise health and safety;

(5) seclusion means the involuntary confinement of a student alone in a room or area that the student is physically prevented from leaving; seclusion does not include a classroom time-out, supervised detention, or suspension from school under AS 14.30.045 .
Alaska Stat. § 14.43.255 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.255
Fund created.
Status: reserved

(a) There is created a memorial education revolving loan fund. The fund shall be used to provide education loans to students selected under AS 14.43.250  14.43.325. Repayments of a loan shall be deposited into the memorial education revolving loan fund and shall be used to make new loans.

(b) Each memorial education loan, the purpose of which is set out in AS 14.43.250 (b), is a separate account in the memorial education revolving loan fund created under (a) of this section.

(c) [Repealed, § 42 ch 85 SLA 2001.]
Alaska Stat. § 14.20.015 — AK Code / Title 14 / Chapter 14.20 / Section 14.20.015
Recognition of certificates of out-of-state teachers.
Status: reserved

(a) The department shall issue a preliminary teacher certificate to an out-of-state teacher who meets the requirements of this section. To be eligible for a preliminary teacher certificate, a person shall (1) have received at least a baccalaureate degree from an institution of higher education accredited by a recognized regional accrediting association or approved by the commissioner;

(2) hold a valid teacher certificate issued by another state;

(3) have submitted fingerprints to the department to be used for a criminal history background check and been found by the department to be suitable for employment as a teacher under AS 14.20.020 (f);

(4) have paid the fee required by the department under AS 14.20.020 (c).

(b) An out-of-state teacher who has been issued a preliminary teacher certificate under this section shall pass the competency examination designated by the board under AS 14.20.020 (i) within one year after the date the preliminary teacher certificate was issued. If the teacher does not pass the examination, the department shall immediately revoke the teacher's preliminary teacher certificate.

(c) The teacher certificate issued under this section must contain the same endorsements as those on the current valid regular teacher certificate issued by the other state. However, before teaching students in grades kindergarten through three, a teacher certificated under this section must complete coursework, training, or testing requirements, and demonstrate proficiency as determined by the department, in phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension approved by the board in regulation. A teacher may apply coursework, training, or testing requirements completed under this subsection toward continuing education requirements established by the board in regulation.

(d) [Repealed, § 8 ch 69 SLA 2022.] (e) [Repealed, § 8 ch 69 SLA 2022.] (f) [Repealed, § 8 ch 69 SLA 2022.] (g) The department shall by regulation adopt a process to expedite issuance of a certificate to the spouse of an active duty member of the armed forces of the United States.
Alaska Stat. § 14.14.310 — AK Code / Title 14 / Chapter 14.14 / Section 14.14.310
Definitions.
Status: in_force

In AS 14.14.250  14.14.310, (1) board means the governing body of a borough or city school district or regional educational attendance area;

(2) district means a borough, city, or regional educational attendance area.
Alaska Stat. § 14.20.370 — AK Code / Title 14 / Chapter 14.20 / Section 14.20.370
Teaching profession.
Status: in_force

Teachers required by state law to be certificated, instructors in institutions of higher learning, school administrators, school program administrators, and school counselors are within the teaching profession.
Alaska Stat. § 14.07.180 — AK Code / Title 14 / Chapter 14.07 / Section 14.07.180
Curricula approval and review; pilot program; incentives.
Status: in_force

(a) Notwithstanding any other provision of law, the board shall establish standards and a procedure for the review, ranking, and approval of mathematics and English and language arts curricula for school districts to use in each grade level as provided in this section. The board may include curricula delivered through virtual education in the standards and procedure established under this subsection. Standards established for the review, ranking, and approval of language arts curricula for early education programs and grades kindergarten through three must be based on phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension.

(b) The department, in consultation with school districts, shall review mathematics and English and language arts curricula used in schools in the state and in other states and countries and may include in the review curricula delivered through virtual education. Not later than July 1, 2019, the department shall identify the best mathematics and English and language arts curricula and the best teaching practices for each of the curricula. The department may identify the best mathematics and English and language arts curricula delivered through virtual education.

(c) The department shall submit the curricula and teaching practices that the department identifies as the best under (b) of this section to the board for approval, including evidence supporting the department's selection, if the department concludes that the curricula and best practices (1) are appropriate;

(2) are in compliance with the nondiscrimination standards established under AS 14.18.060 (b);

(3) are aligned with state education standards; and

(4) result in improved academic achievement for students.

(d) The board may approve curricula submitted under (c) of this section if the curricula are consistent with the standards established by the board under (a) of this section. The department shall place the curricula approved by the board into two categories as follows: (1) incentivized curricula for the best curricula for each subject, based on evidence provided to the department; the department may place not more than two curricula in this category for each subject;

(2) designated effective curricula for the curricula for each subject that are not incentivized curricula but that the department finds appropriate and effective based on factual and other evidence provided to the department.

(e) [See delayed repeal note.] A three-year pilot program is established in the department, starting in the 2019-2020 school year, to test the appropriateness and effectiveness of the incentivized curricula approved under (d) of this section. In conducting the program, the department shall (1) establish an application process for school districts to apply for participation in the program;

(2) select four school districts from those that apply to participate in the program, including two rural and two urban school districts, basing the selection of the school districts on the readiness and capacity of each district;

(3) assign to each participating school district the incentivized mathematics curriculum or the incentivized English and language arts curriculum; the department shall assign the mathematics curriculum to one rural and one urban school district and the English and language arts curriculum to one rural and one urban school district;

(4) starting in the 2019-2020 school year, distribute incentive payments, not to exceed $10,000,000 in total, to the four school districts to assist with the purchase and implementation of the curricula, including best teaching practices and professional development, and purchase of instructional materials.

(f) [See delayed repeal note.] At the completion of the pilot program under (e) of this section, the department shall (1) if the department finds that the incentivized curricula tested in the pilot program are appropriate and effective, submit the findings to the board; and

(2) if the board finds that the curricula tested in the pilot program are appropriate and effective, make the curricula and one-time incentive payments under (g) of this section available to all school districts starting in the 2022-2023 school year and ending in the 2024-2025 school year.

(g) [See delayed repeal note.] The department may distribute an incentive payment available to a school district in an amount that is not more than the school district's ADM multiplied by 150, subject to availability of funding, if the governing body of the school district (1) selects one of the incentivized curricula for implementation in the school district in an eligible school year under (f)(2) of this section;

(2) requests an incentive payment from the department;

(3) has not previously implemented the incentivized curricula; and

(4) demonstrates to the satisfaction of the department the readiness and capacity of the school district to implement the curricula.

(h) [See delayed repeal note.] In addition to any unexpended money under (e)(4) of this section, the department may distribute not more than $9,500,000 in incentive payments under (f) and (g) of this section.

(i) The department shall publish on the department's Internet website and make available to the public (1) all curricula used by school districts in the state for all subjects, whether or not the curricula are approved; and

(2) the curricula approved under (d) of this section.

(j) [See delayed repeal note.] The department shall submit an electronic report to the legislature and make the report available to the public on the department's Internet website. The report must provide information on the pilot program and the curricula that each school district has adopted. On or before January 15, 2019, and each year thereafter, the department shall submit the report required under this subsection to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.

(k) Each school district shall submit to the department the relevant information needed for the department to carry out its duties under this section.

(l) [See delayed repeal note.] Payments for curricula implementation under the pilot program described in (e) of this section and incentive payments under (f) and (g) of this section are subject to appropriation. If insufficient funding is available to distribute payments to all school districts that request funding in a year under (g) of this section, the department may distribute payments to the remaining school districts the following school year.

(m) [See delayed repeal note.] If the applications for participation in the pilot program are insufficient to meet the requirements under (e) of this section, the department may select four school districts from those that apply, taking into consideration geographical diversity.

(n) Beginning with the 2025-2026 school year, the department may distribute incentive payments to school districts that use curricula reviewed and approved by the board under AS 14.07.165 (c). The department may provide incentive payments, subject to appropriation, to school districts based on the readiness and capacity of the school district as determined by the department.

(o) In this section, (1) [See delayed repeal note.] rural has the meaning given in AS 14.43.700 ;

(2) school district has the meaning given in AS 14.30.350 ;

(3) [See delayed repeal note.] school district's ADM has the meaning given to district ADM in AS 14.17.990 ;

(4) urban means a community other than a community described in AS 14.43.700 ;

(5) virtual education means instruction delivered through telecommunications or other digital or electronic methods.
Alaska Stat. § 14.12.100 — AK Code / Title 14 / Chapter 14.12 / Section 14.12.100
Application.
Status: in_force

AS 14.12.010  14.12.100 apply to home rule and general law municipalities.
Alaska Stat. § 14.57.220 — AK Code / Title 14 / Chapter 14.57 / Section 14.57.220
Reclamation of property.
Status: in_force

In addition to any other right of reclamation the person may have under 25 U.S.C. 3001  3013 (Native American Graves Protection and Repatriation Act), after title to documented property or undocumented property is acquired by a museum under AS 14.57.200  14.57.290, the lender or owner of the property has two years to bring an action in court against the museum to claim the property. If an action is not brought by the end of this two-year period and if the museum has taken its action under AS 14.57.200  14.57.290 in good faith, a person does not have a claim to the property against the museum, the museum's employees, or the museum's agents.
Alaska Stat. § 14.18.070 — AK Code / Title 14 / Chapter 14.18 / Section 14.18.070
Affirmative action.
Status: in_force

The board shall establish procedures for affirmative action programs covering both equal employment and equal educational opportunity to be implemented by all school districts and regional educational attendance areas determined by the board not to be in compliance with this chapter.
Alaska Stat. § 14.20.440 — AK Code / Title 14 / Chapter 14.20 / Section 14.20.440
Reimbursement.
Status: in_force

Members of the commission shall receive per diem according to law and are to be granted administrative leave with full pay by their employer for time spent in the performance of official duties under AS 14.20.370  14.20.510. If a member is required to spend more than 15 days in a fiscal year in the performance of official duties under AS 14.20.370  14.20.510, the state shall reimburse the employer for costs incurred after the 15th day.
Alaska Stat. § 14.34.010 — AK Code / Title 14 / Chapter 14.34 / Section 14.34.010
Compact enacted.
Status: in_force

The Interstate Compact on Educational Opportunity for Military Children as contained in this section is enacted into law and entered into on behalf of the state with all other states and jurisdictions legally joining in it in a form substantially as follows:

INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN ARTICLE I PURPOSE It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by (1) facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from one or more previous school districts or variations in entrance and age requirements;

(2) facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment;

(3) facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities;

(4) facilitating the on-time graduation of children of military families;

(5) providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact;

(6) providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact;

(7) promoting coordination between this compact and other compacts affecting military children; and

(8) promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.

ARTICLE II DEFINITIONS As used in this compact, unless the context clearly requires a different construction, (1) active duty means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders under 10 U.S.C. 1209 and 1211;

(2) children of military families means one or more school-aged children, enrolled in kindergarten through 12th grade, in the household of an active duty member;

(3) compact commissioner means the voting representative of each compacting state appointed under art. VIII of this compact;

(4) deployment means the period one month before the service member's departure from the member's home station on military orders through six months after return to the member's home station;

(5) education records or educational records means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs;

(6) extracurricular activities (A) means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency;

(B) include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities;

(7) Interstate Commission on Educational Opportunity for Military Children means the commission that is created under art. IX of this compact, which is generally referred to as Interstate Commission;

(8) local education agency means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through 12th grade public educational institutions;

(9) member state means a state that has enacted this compact;

(10) military installation (A) means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States Territory;

(B) does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects;

(11) non-member state means a state that has not enacted this compact;

(12) receiving state means the state to which a child of a military family is sent, brought, or caused to be sent or brought;

(13) rule (A) means a written statement by the Interstate Commission promulgated under art. XII of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state;

(B) includes the amendment, repeal, or suspension of an existing rule;

(14) sending state means the state from which a child of a military family is sent, brought, or caused to be sent or brought;

(15) state means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other United States Territory;

(16) student means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through 12th grade;

(17) transition (A) means the formal and physical process of transferring from school to school;

(B) the period of time in which a student moves from one school in the sending state to another school in the receiving state;

(18) uniformed service means the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services;

(19) veteran means a person who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable.

ARTICLE III APPLICABILITY (a) Except as otherwise provided in sec. (b) of this article, this compact shall apply to the children of (1) active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders under 10 U.S.C. 1209 and 1211;

(2) members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and

(3) members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.

(b) The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

(c) The provisions of this compact shall not apply to the children of (1) inactive members of the national guard and military reserves;

(2) members of the uniformed services now retired, except as provided in sec. (a) of this article;

(3) veterans of the uniformed services, except as provided in sec. (a) of this article; and

(4) other United States Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV EDUCATIONAL RECORDS AND ENROLLMENT (a) Unofficial hand-carried education records. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

(b) Official education records and transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

(c) Immunizations. Compacting states shall give 30 days from the date of enrollment or within such time as is reasonable determined under the rules promulgated by the Interstate Commission, for students to obtain one or more immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

(d) Kindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V PLACEMENT AND ATTENDANCE (a) Course placement (1) when the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school or educational assessments or both conducted at the school in the sending state if the courses are offered; course placement includes but is not limited to (A) honors;

(B) international baccalaureate;

(C) advanced placement; and

(D) vocational, technical, and career pathways courses;

(2) continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement; this does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in one or more courses.

(b) Educational program placement (1) the receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation and placement in like programs in the sending state; these programs include, but are not limited to (A) gifted and talented programs; and

(B) English as a second language;

(2) this does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

(c) Special education services (1) in compliance with the federal requirements of the Individuals with Disabilities Education Act, 20 U.S.C.A. 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on the student's current Individualized Education Program; and

(2) in compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. 12131  12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing Section 504 of the Rehabilitation Act or Title II of the Americans with Disabilities Act plan, to provide the student with equal access to education; this does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

(d) Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course and program prerequisites, or other preconditions for placement in courses and programs offered under the jurisdiction of the local education agency.

(e) Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with the student's parent or legal guardian relative to leave or deployment of the parent or guardian.

ARTICLE VI ELIGIBILITY (a) Eligibility for enrollment (1) special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent;

(2) a local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent; and

(3) a transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the student was enrolled while residing with the custodial parent.

(b) Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII GRADUATION In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures: (1) Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial; should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time;

(2) Exit exams. States shall accept (A) exit or end-of-course exams required for graduation from the sending state;

(B) national norm-referenced achievement tests; or

(C) alternative testing, in lieu of testing requirements for graduation in the receiving state.

(3) Other means. If the alternatives described in art. VII, secs. (1) and (2) cannot be accommodated by the receiving state for a student transferring in the student's senior year, then the provisions of art. VII, sec. (4) shall apply;

(4) Transfers during senior year. Should a military student transferring at the beginning or during the student's senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency; if one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with art. VII, secs. (1) and (2).

ARTICLE VIII STATE COORDINATION (a) Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least (1) the state superintendent of education;

(2) the superintendent of a school district with a high concentration of military children;

(3) a representative from a military installation;

(4) one representative each from the legislative and executive branches of government; and

(5) a representative from other offices and stakeholder groups that the State Council considers appropriate.

(b) A member state that does not have a school district considered to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

(c) The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

(d) The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the governor or as otherwise determined by each member state.

(e) The compact commissioner and the military family education liaison designated under the compact shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council.

ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN The member states create the Interstate Commission on Educational Opportunity for Military Children. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall (1) be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set out in this compact, and additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact;

(2) consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner; (A) each member state represented at a meeting of the Interstate Commission is entitled to one vote;

(B) a majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission;

(C) a representative may not delegate a vote to another member state; if the compact commissioner is unable to attend a meeting of the Interstate Commission, the governor or State Council may delegate voting authority to another person from their state for a specified meeting;

(D) the bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication;

(3) consist of ex-officio, non-voting representatives who are members of interested organizations; the ex-officio members, as defined in the bylaws, may include but not be limited to (A) members of the representative organizations of military family advocates;

(B) local education agency officials;

(C) parent and teacher groups;

(D) the United States Department of Defense;

(E) the Education Commission of the States;

(F) the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members;

(4) meet at least once each calendar year; the chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings;

(5) establish an executive committee, whose members shall include the officers of the Interstate Commission and the other members of the Interstate Commission as determined by the bylaws; members of the executive committee shall serve a one year term; members of the executive committee shall be entitled to one vote each; the executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session; the executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other duties as considered necessary; the United States Department of Defense shall serve as an ex-officio, nonvoting member of the executive committee;

(6) establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying; the Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests;

(7) give public notice of all meetings and all meetings shall be open to the public, except as set out in the rules or as otherwise provided in the compact; the Interstate Commission and its committees may close a meeting, or portion of an open meeting, if it determines by two-thirds vote that an open meeting would be likely to (A) relate solely to the Interstate Commission's internal personnel practices and procedures;

(B) disclose matters specifically exempted from disclosure by federal and state statute;

(C) disclose trade secrets or commercial or financial information which is privileged or confidential;

(D) involve accusing a person of a crime, or formally censuring a person;

(E) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(F) disclose investigative records compiled for law enforcement purposes; or

(G) specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding;

(8) cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed under this provision; the Interstate Commission shall keep minutes, which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote; all documents considered in connection with an action shall be identified in such minutes; all minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission;

(9) collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements; such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules; and

(10) create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency; this section shall not be construed to create a private right of action against the Interstate Commission or any member state.

ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the following powers: (1) to provide for dispute resolution among member states;

(2) to promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact; the rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact;

(3) to issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions;

(4) to enforce compliance with the compact provisions, the rules, promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

(5) to establish and maintain offices which shall be located within one or more of the member states;

(6) to purchase and maintain insurance and bonds;

(7) to borrow, accept, hire, or contract for services of personnel;

(8) to establish and appoint committees including, but not limited to, an executive committee as required by art. IX, sec. 5, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties under the compact;

(9) to elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

(10) to accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it;

(11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;

(12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(13) to establish a budget and make expenditures;

(14) to adopt a seal and bylaws governing the management and operation of the Interstate Commission;

(15) to report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year; the reports shall also include any recommendations that may have been adopted by the Interstate Commission;

(16) to coordinate education, training, and public awareness regarding the compact, its implementation and operation for officials and parents involved in the activity;

(17) to establish uniform standards for the reporting, collecting, and exchanging of data;

(18) to maintain corporate books and records in accordance with the bylaws;

(19) to perform such functions as may be necessary or appropriate to achieve the purposes of this compact; and

(20) to provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (a) The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to (1) establishing the fiscal year of the Interstate Commission;

(2) establishing an executive committee, and other committees as may be necessary;

(3) providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;

(4) providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each meeting;

(5) establishing the titles and responsibilities of the officers and staff of the Interstate Commission;

(6) providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all its debts and obligations; and

(7) providing start-up rules for initial administration of the compact.

(b) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers shall serve without compensation or remuneration from the Interstate Commission; if, subject to the availability of budgeted funds, the officers are reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

(c) Executive Committee, Officers, and Personnel (1) the executive committee shall have such authority and duties as may be set out in the bylaws, including, but not limited to (A) managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;

(B) overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and

(C) planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission;

(2) the executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for the period, upon the terms and conditions and for such compensation, as the Interstate Commission may consider appropriate; the executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission; the executive director shall hire and supervise other persons as may be authorized by the Interstate Commission.

(d) The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liberty caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties or responsibilities; if, that person is not protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person. The following standards apply: (1) the liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of the person's employment or duties for acts, errors, or omissions occurring within the person's state may not exceed the limits of liability set out under the Constitution and laws of that state for state officials, employees, and agents; the Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action; nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct on the part of such person;

(2) the Interstate Commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person;

(3) to the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION (a) Rulemaking authority. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the provisions of this subsection, if the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

(b) Rulemaking procedure. Rules shall be made under a rulemaking process that substantially conforms to the Model State Administrative Procedure Act, of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

(c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule; if, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority.

(d) If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule shall have no further force and effect in any compacting state.

ARTICLE XIII OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION (a) Oversight (1) the executive, legislative, and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent; the provisions of this compact and the rules promulgated hereunder shall have standing as statutory law;

(2) all courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission;

(3) the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes; failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules;

(b) Default, technical assistance, suspension, and termination. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall (1) provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission; the Interstate Commission shall specify the conditions by which the defaulting state must cure its default;

(2) provide remedial training and specific technical assistance regarding the default;

(3) if the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination; a cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default;

(4) suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted; notice of intent to suspend or terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states;

(5) the state that has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination;

(6) the Interstate Commission does not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state;

(7) the defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices; the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

(c) Dispute resolution (1) the Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states;

(2) the Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(d) Enforcement (1) the Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact;

(2) the Interstate Commission, may by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default; the relief sought may include both injunctive relief and damages. If judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees;

(3) the remedies in this compact are not the exclusive remedies of the Interstate Commission; the Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION (a) The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(b) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

(c) The Interstate Commission may not incur obligations of any kind before securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XV MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT (a) A state is eligible to become a member state.

(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. The effective date shall be no earlier than December 1, 2007; thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.

(c) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI WITHDRAWAL AND DISSOLUTION (a) Withdrawal (1) once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law;

(2) withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction;

(3) the withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state; the Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of the intent to withdraw;

(4) the withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal;

(5) reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

(b) Dissolution of compact (1) this compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state;

(2) upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII SEVERABILITY AND CONSTRUCTION (a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally construed to effectuate its purposes.

(c) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS (a) Other laws (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact;

(2) All member states' laws conflicting with this compact are superseded to the extent of the conflict;

(b) Binding effect of the compact (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states;

(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms;

(3) If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Alaska Stat. § 14.03.120 — AK Code / Title 14 / Chapter 14.03 / Section 14.03.120
Education planning; reports.
Status: in_force

(a) A district shall annually file with the department, and make available to the public, a report that (1) establishes district goals and priorities for improving education in the district;

(2) includes a plan for achieving district goals and priorities; and

(3) includes a means of measuring the achievement of district goals and priorities.

(b) The department shall summarize the reports submitted under (a) of this section and include all revenue received by each school district organized in easily sortable categories including ADM and district, as a statewide report, provide a copy to the governor, publish the report on the department's Internet website, and notify the legislature that the report is available; in this subsection, revenue means all money reported to the department as receipts from any source, including state, federal, local, special, and other funding.

(c) A district shall make efforts to encourage students, parents, teachers, and other members of the community to participate in the preparation of the report submitted under (a) of this section.

(d) Annually, before the date set by the district under (e) of this section, each public school shall deliver to the department for posting on the department's Internet website and provide, in a public meeting of parents, students, and community members, a report on the school's performance and the performance of the school's students. The report shall be prepared on a form prescribed by the department and must include (1) information on accreditation;

(2) results of norm-referenced achievement tests;

(3) results of state standards-based assessments in language arts and mathematics;

(4) a description, including quantitative and qualitative measures, of student, parent, community, and business involvement in student learning;

(5) a description of the school's attendance, retention, dropout, and graduation rates as specified by the state board;

(6) the annual percent of enrollment change, regardless of reason, and the annual percent of enrollment change due to student transfers into and out of the school district;

(7) if Native language education is provided, a summary and evaluation of the curriculum described in AS 14.30.420 ;

(8) the performance designation assigned the school under AS 14.03.123 and the methodology used to assign the performance designation, including the measures used and their relative weights;

(9) other information concerning school performance and the performance of the school's students as required by the state board in regulation; and

(10) information on the number, attendance, and performance of students enrolled in the school whose parents or guardians are on active duty in the armed forces of the United States, the United States Coast Guard, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force.

(e) By a date set by the district, each public school in the district shall provide the report described in (d) of this section to the district's governing body. Along with the report, each public school shall submit a summary of comments made on the report by parents, students, and community members. By July 1 of each year, each district shall provide to the department a report on the performance of each public school and the public school students in the district. The district's report must (1) be entitled School District Report Card to the Public; and

(2) include (A) copies of the reports and summaries of comments submitted under this section by each public school in the district;

(B) a compilation of the material described in (A) of this paragraph by each public school in the district;

(C) the designation assigned the district under AS 14.03.123 and the methodology used to assign the performance designation, including the measures used and their relative weights; and

(D) other information concerning school performance and the performance of the school's students as required by the state board in regulation.

(f) By January 15 of each year, the department shall provide to the governor and make available to the public and the legislature a report on the performance of public schools in this state. The report must be entitled Alaska's Public Schools: A Report Card to the Public. The report must include (1) comprehensive information on each public school compiled, collected, and reported under (d) and (e) of this section for the prior school year;

(2) a summary of the information described in (1) of this subsection; the summary must be prepared in a manner that allows school performance to be measured against established state education standards; and

(3) the most recent performance designation under AS 14.03.123 received by each public school and by the state public school system.

(g) To the extent allowable under state and federal privacy laws, each district shall annually report to the department information from the previous school year regarding (1) the number of students and teaching staff assigned to each classroom in grades kindergarten through three;

(2) the number and percentage of students (A) in grades kindergarten through three who demonstrated improvement on expected grade-level skills on the statewide screening tool;

(B) in grades kindergarten through three who performed below expected grade-level skills on the statewide screening tool, by grade;

(C) in grades kindergarten through three who did not progress to the next grade and the reasons the students did not progress;

(D) in grade three who demonstrated sufficient reading skills to progress to grade four based on the statewide screening tool;

(E) in grade three who progressed to grade four based on a waiver under AS 14.30.765 (f);

(F) in grade three who demonstrated sufficient reading skills to progress to grade four based on an alternative standardized reading screening;

(G) in grade three who demonstrated sufficient reading skills to progress to grade four based on a student reading portfolio;

(3) the performance on the statewide screening tool of students in a grade above grade three who did not progress to grade four or who progressed to grade four based on a waiver under AS 14.30.765 (f).

(h) To the extent allowable under state and federal privacy laws, the department shall post on the department's Internet website and make available for download the information reported under this section. The department shall post the information in a single downloadable comma-separated values file or a similar single downloadable file that allows data storage in tabular format. The file must include the comprehensive information about each public school reported under (d) and (e) of this section in a single list that may be sorted and compared.

(i) If the department receives the information required to be reported under this section from multiple sources, the department shall consolidate the information. Nothing in this section requires a district to provide duplicate information to the department in separate documents.

(j) In this section, district has the meaning given in AS 14.17.990 .
Alaska Stat. § 14.08.045 — AK Code / Title 14 / Chapter 14.08 / Section 14.08.045
Vacancies.
Status: in_force

(a) The regional school board shall declare a regional school board seat vacant when the person elected (1) fails to qualify within 30 days of certification of the election;

(2) notifies the school board in writing of the person's refusal to take office;

(3) resigns and the resignation is accepted by the school board;

(4) is convicted of a felony involving moral turpitude or of an offense involving a violation of the oath of office while serving as a school board member; or

(5) no longer physically resides within the boundaries of the regional educational attendance area, or if the regional educational attendance area has been divided into sections, within the section from which the person was elected, and the school board by a two-thirds vote, declares the seat vacant.

(b) A vacancy on a regional school board shall be filled under AS 14.12.070 .
Alaska Stat. § 14.25.450 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.450
Designation of beneficiary.
Status: in_force

(a) Each participant shall have the right to designate a beneficiary and shall have the right, at any time, to revoke the designation or to substitute another beneficiary, subject to the following limitation: if a married member elects a nonspouse beneficiary, the value of the benefit payable to the beneficiary may not exceed 50 percent of the member's portion of the account balance, and the member's spouse shall automatically be considered the beneficiary for the remaining 50 percent of the account balance, unless the spouse consents to the beneficiary designation in a writing that is notarized or witnessed by the administrator. If the spouse consents in this manner, a married member may designate a nonspouse beneficiary for the entire benefit or any portion of the benefit as part of an available form of payment contained in this plan, (1) except to the extent a qualified domestic relations order filed with the administrator provides for payment to a former spouse or other dependent of the member; or

(2) unless the member filed a revocation of beneficiary accompanied by a written consent to the revocation from the present spouse and each person entitled under the order; however, consent of the present spouse is not required if the member and the present spouse had been married for less than one year on the date of the member's death and if the member established when filing the revocation that the member and the present spouse were not cohabiting.

(b) Except as provided in (a) of this section, the member may change or revoke the designation without notice to the beneficiary or beneficiaries at any time. If a member designates more than one beneficiary, each shares equally unless the member specifies a different allocation or preference. The designation of a beneficiary, a change or revocation of a beneficiary, and a consent to revocation of a beneficiary shall be made on a form provided by the administrator and is not effective until filed with the administrator.

(c) If a member fails to designate a beneficiary, or if no designated beneficiary survives the member, the death benefit shall be paid (1) to the surviving spouse or, if there is none surviving;

(2) to the surviving children of the member in equal parts or, if there are none surviving;

(3) to the surviving parents in equal parts or, if there are none surviving;

(4) to the estate.

(d) A person claiming entitlement to benefits payable under AS 14.25.310  14.25.590 as a consequence of a member's death shall provide the administrator with a marriage certificate, divorce or dissolution judgment, or other evidence of entitlement. Documents establishing entitlement may be filed with the administrator immediately after a change in the member's marital status. If the administrator does not receive notification of a claim before the date 10 days after the member's death, the person claiming entitlement is not entitled to receive from the division of retirement and benefits any benefit already paid by the administrator.
Alaska Stat. § 14.48.170 — AK Code / Title 14 / Chapter 14.48 / Section 14.48.170
Jurisdiction.
Status: in_force

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 provide instructional or educational services in this state, whether the instruction or services are provided in person or by correspondence, to a resident of this state, or which offers to award or awards educational credentials to a person in or resident of this state, submits the institution, and, if a natural person the personal representative of the institution, to the jurisdiction of the courts of this state concerning a cause of action arising from these activities and for the purpose of enforcement of this chapter by injunction under AS 14.48.180 .
Alaska Stat. § 14.40.282 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.282
Endowment for the physical sciences.
Status: in_force

(a) The Board of Regents shall establish an endowment for the physical sciences at the University of Alaska campus in Fairbanks. The endowment shall be managed as a perpetual trust. The income of the endowment shall be used to pay the salary and related expenses of the person appointed under (b) of this section for research, teaching, and advanced studies in one or more physical science disciplines.

(b) The Board of Regents shall appoint a person who is distinguished in one or more physical science disciplines to be paid from the endowment for the physical sciences. The tenure and the duties of the appointee shall be established by the Board of Regents based on the need for (1) teaching, research, and studies in physical sciences of special interest in the state; and

(2) advancement of scientific study at the University of Alaska.
Alaska Stat. § 14.09.020 — AK Code / Title 14 / Chapter 14.09 / Section 14.09.020
Transportation for nonpublic school students.
Status: in_force

In those places in the state where the department or a school district provides transportation for children attending public schools, the department also shall provide transportation for children who, in compliance with the provisions of AS 14.30 , attend nonpublic schools that are administered in compliance with state law where the children, in order to reach the nonpublic schools, must travel distances comparable to, and over routes the same as, the distances and routes over which the children attending public schools are transported. The commissioner shall administer this nonpublic school student transportation program, integrating it into existing systems as much as feasible, and the cost of the program shall be paid from funds appropriated for that purpose by the legislature.
Alaska Stat. § 14.57.080 — AK Code / Title 14 / Chapter 14.57 / Section 14.57.080
Definition.
Status: in_force

In AS 14.57.020  14.57.080, committee means the state Museum Collections Advisory Committee.
Alaska Stat. § 14.42.220 — AK Code / Title 14 / Chapter 14.42 / Section 14.42.220
Bonds of the corporation.
Status: reserved

(a) The corporation may borrow money and may issue bonds, on which the principal and interest are payable from its income and receipts or other assets or a designated part or parts of them. The corporation may use the proceeds of its bonds for any purposes that the corporation considers appropriate, including providing money to (1) make or purchase education loans;

(2) finance programs identified in AS 14.42.210 ;

(3) finance projects of the state as those projects may be identified by law; and

(4) pay for any other purpose or program of the corporation that is authorized in AS 14.42.100  14.42.310.

(b) Bonds may be authorized only by resolution of the board. Bonds shall be dated, bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, be subject to the terms of redemption, and mature as provided by the resolution or a subsequent resolution. However, a bond may not mature more than 40 years after the date it is issued.

(c) Bonds of the corporation, regardless of form or character, are negotiable instruments for all the purposes of AS 45.01  AS 45.08 , AS 45.12 , AS 45.14 , and AS 45.29 (Uniform Commercial Code).

(d) Bonds of the corporation may be sold at public or private sale in the manner, for the price or prices, and at the time or times that the board determines.

(e) The superior court has jurisdiction to hear and determine proceedings relating to the corporation, including proceedings brought by or for the benefit of a bondholder or by a trustee for or other representative of a bondholder.

(f) [Repealed, § 31 ch 63 SLA 2004.] (g) The corporation may not issue bonds to finance projects under (a)(3) of this section in an aggregate amount that exceeds $280,000,000.
Alaska Stat. § 14.25.063 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.063
Payment of indebtedness.
Status: in_force

(a) In AS 14.25.009  14.25.220, a member does not have to be reemployed under this plan in order to make indebtedness payments. However, except as provided in (d) of this section, a former member must be reemployed under this plan in order to make indebtedness payments. Payments apply first to accrued interest and then to principal.

(b) Any outstanding indebtedness that exists at the time a member is appointed to retirement will necessitate an actuarial adjustment to the benefits payable based on the member's corresponding service.

(c) If, as a result of service credit claimed for which there is a corresponding indebtedness existing at retirement, the member's retirement benefit is actuarially reduced and the resulting benefit is less than it would have been if the service credit had not been claimed, the retirement benefit shall be equal to the amount it would have been had the service credit never been claimed.

(d) A former member who received a total refund of the member's contribution account balance because of a levy under AS 09.38.065 or a federal tax levy may make indebtedness payments under this section.
Alaska Stat. § 14.43.310 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.310
Selection.
Status: reserved

(a) In selecting from among eligible applicants a person who will be granted a loan under AS 14.43.250  14.43.325, the administering authority shall consider the following: (1) the applicant's career goals and aspirations;

(2) the applicant's prior academic record;

(3) the financial need of the applicant; and

(4) other items that may be considered relevant by the administering authority to determine whether an applicant will receive a loan.

(b) To assist the administering authority in selecting eligible applicants for award of each of the memorial education loans under AS 14.43.250  14.43.325 and in reviewing the memorial education loan program, the following advisory committees are established: (1) three Alaska state troopers, each one to be selected from and to represent a state trooper region of the state by the regional commander to serve for three years, for the Michael Murphy memorial education loan;

(2) [Repealed, § 24 ch 22 SLA 2001.] (3) three members 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 education loan; and

(4) three members of the state Board of Education and Early Development, or of the staff of the Department of Education and Early Development, or any combination of these, selected annually by the board, for the Robert L. Thomas memorial education loan.

(c) In selecting from among eligible applicants for award of a memorial education loan under AS 14.43.250 (b)(5), the administering authority shall give preference to applicants nominated by private donors to the A.W. (Winn) Brindle memorial education loan account in the memorial education revolving loan fund.

(d) In selecting from among eligible applicants for award of a memorial education loan under AS 14.43.250 (b)(6), the administering authority shall give preference to applicants nominated by the board members of the Nick Begich Scholarship Intern Fund, Inc.
Alaska Stat. § 14.40.120 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.120
University governed by Board of Regents.
Status: in_force

The University of Alaska shall be governed by a Board of Regents consisting of 11 regents.
Alaska Stat. § 14.25.006 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.006
Appeals.
Status: in_force

An employer, member, annuitant, or beneficiary may appeal a decision made by the administrator to the office of administrative hearings established under AS 44.64 . An aggrieved party may appeal a final decision to the superior court.
Alaska Stat. § 14.34.030 — AK Code / Title 14 / Chapter 14.34 / Section 14.34.030
State council.
Status: in_force

The board shall designate a subcommittee of its membership to serve as the state council under AS 14.34.010 . Consistent with state law, the board shall designate other persons to serve on the subcommittee to complete the representation required by the compact established under AS 14.34.010 .
Alaska Stat. § 14.38.010 — AK Code / Title 14 / Chapter 14.38 / Section 14.38.010
Operation of Head Start programs; grants.
Status: in_force

(a) The Department of Education and Early Development shall operate the head start funding program governed by 42 U.S.C. 9835.

(b) The department shall make a grant to each eligible head start agency operating a head start program in the state under 42 U.S.C. 9831  9852c in an amount equal to the amount of the head start program's nonfederal contributions required under 42 U.S.C. 9835. If the amount appropriated to the department is insufficient to meet the amount authorized for grants under this subsection, the department shall distribute the grants pro rata to each eligible head start agency.
Alaska Stat. § 14.42.030 — AK Code / Title 14 / Chapter 14.42 / Section 14.42.030
Functions, duties, and powers of the commission.
Status: reserved

(a) The commission has the following functions, advisory to the governing boards of institutions of public and private higher education in this state, to the governor, the legislature, and to other appropriate state and federal officials: (1) coordinate the development of comprehensive plans for the orderly, systematic growth of public and private postsecondary education, including community colleges and occupational education, in the state and submit recommendations on the need for, and location of, new facilities and programs;

(2) review and advise as to the efficiency and effectiveness of all consortia and other cooperative agreements between the institutions of public and private higher education in the state that are parties to them.

(b) The commission shall (1) administer the financial aid and interstate education compact programs under AS 14.43.091  14.43.920 and 14.43.990, and AS 14.44 ;

(2) administer the provisions of AS 14.48 concerning regulation of postsecondary educational institutions;

(3) resolve disputes under a consortium or other cooperative agreement between institutions of public and private higher education in the state; and

(4) serve as the state agency required under 20 U.S.C. 1001  1155.

(c) [Repealed, § 42 ch 85 SLA 2001.] (d) [Renumbered as AS 14.42.033 .] (e) The commission may (1) adopt regulations under AS 44.62 (Administrative Procedure Act) to (A) carry out the purposes of (i) AS 14.43.091  14.43.849, 14.43.990, AS 14.44 , and AS 14.48 ;

(ii) AS 14.43.910 and 14.43.920 as they relate to the purposes of AS 14.43.091  14.43.849, 14.43.990, AS 14.44 , and AS 14.48 ; and

(iii) AS 14.42.035 and (7) and (8) of this subsection;

(B) ensure compliance with the requirements imposed by state and federal statutes and regulations governing the guaranty, insurance, purchase, or other dealings in eligible loans by federal agencies, instrumentalities, or corporations; and

(C) establish standards for the (i) administration of hearings conducted under AS 14.43.153 ; and

(ii) administrative enforcement of collection orders under AS 14.43.151  14.43.155;

(2) delegate to the executive director of the commission or a subcommittee of the commission any duty imposed on or power granted to the commission by this chapter, AS 14.43 , AS 14.44 , or AS 14.48 , except its power to adopt regulations and its duty to consider appeals under AS 14.43.100 (b) and AS 14.48.120 ;

(3) establish task forces, committees, or subcommittees, not necessarily consisting of commission members, to advise and assist the commission in carrying out its functions;

(4) contract with or use existing institutions of postsecondary education or other individuals or organizations to make studies, conduct surveys, submit recommendations, or otherwise contribute to the work of the commission;

(5) establish fees for the review of an out-of-state institution that (A) requests approval for participation in the programs under AS 14.43.091  14.43.750, 14.43.990, and AS 14.44 ; and

(B) is not accredited by a national or regional accreditation association recognized by the Council for Higher Education Accreditation;

(6) collect all fees and costs incurred in collection of the amount owed on a loan or repayment obligation if the loan or repayment obligation becomes delinquent or in default; in this paragraph, fees and costs include attorney fees, court costs, and collection fees charged by a collection agency;

(7) if approved by the department, receive and analyze performance data for students in grades kindergarten through 12 and enter into contracts for the purpose of assessing education outcomes; and

(8) administer a statewide workforce and education-related statistics program under AS 14.42.035 .
Alaska Stat. § 14.25.167 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.167
Joint and survivor option.
Status: in_force

(a) Benefits payable under this section are in place of benefits payable under AS 14.25.110 , 14.25.125, 14.25.155, 14.25.157, 14.25.160, 14.25.162, or 14.25.164. Upon filing an application for retirement with the administrator, or when a disabled member becomes eligible for normal retirement under AS 14.25.130 (e), the member shall designate the person who is the member's spouse at the time of appointment to retirement as the contingent beneficiary. However, if the designation of the spouse is revoked under (c) of this section, the member may designate a dependent approved by the administrator as the contingent beneficiary or may take normal or early retirement under AS 14.25.110 or 14.25.125. The administrator shall pay benefits under the option elected by the member. The member may elect an option that provides that (1) the member is entitled to receive a reduced benefit payable for life, and, after the member's death, the contingent beneficiary is entitled to receive payments in the amount of 75 percent of the reduced benefit for life;

(2) the member is entitled to receive a reduced benefit payable for life, and, after the member's death, the contingent beneficiary is entitled to receive payments in the amount of 50 percent of the reduced benefit for life; or

(3) the member is entitled to receive a reduced benefit payable during the joint lifetime of the member and the contingent beneficiary, and, after the death of either the member or the contingent beneficiary, the survivor is entitled to receive payments in the amount of 66-2/3 percent of the reduced benefit for life.

(b) The aggregate of the pension payments expected to be paid to a member and the member's contingent beneficiary under the options set out in (a) of this section shall be the actuarial equivalent of the pension that the member is otherwise entitled to receive upon retirement.

(c) A member may elect or change an option without the approval of the administrator if the member's election or change is filed in writing with the administrator before the effective date of the member's retirement. A member may revoke a joint and survivor option if the member files with the administrator before the effective date of the member's retirement a revocation and a consent to the revocation signed by the member's present spouse and each person entitled to benefits under a qualified domestic relations order on forms provided by the administrator. The administrator may waive the requirement for written consent from (1) a person entitled under the order if the person cannot be located or for another reason established by regulation; or

(2) the spouse if (A) the member is not married;

(B) the member was not married to the spouse during any period of the member's employment with an employer;

(C) the spouse has no rights to the option because of the terms of a qualified domestic relations order;

(D) the spouse cannot be located;

(E) the member and spouse have been married for less than two years and the member establishes that they are not cohabiting; or

(F) another reason is established under regulations of the administrator.

(d) A member, including a deferred vested member, may, regardless of age, elect a joint and survivor option any time before appointment to receive a retirement benefit.

(e) If either the member or contingent beneficiary dies before the member is appointed to retirement, the election becomes inoperative. Once the member is appointed to retirement, the election is irrevocable, even if the retired member is reemployed. Any additional retirement benefit to which the reemployed member may become entitled will be paid in accordance with the initial election made under this section, unless the contingent beneficiary is deceased. If the contingent beneficiary is deceased, the benefits earned during the period of reemployment are subject to AS 14.25.110 , or this section if another contingent beneficiary was designated during the period of reemployment. All other benefits earned during previous periods of employment are subject to the election at the time the member was appointed to retirement. If death occurs during the period of reemployment and the proximate cause of death is not a bodily injury sustained or hazard undergone while in the performance and within the scope of the member's duties of employment, those benefits earned while reemployed are subject to AS 14.25.155 (c). All other benefits earned during previous periods of employment are subject to the election at the time the member was appointed to retirement. If death occurs during the period of reemployment and the proximate cause of death is a bodily injury sustained or hazard undergone while in the performance and within the scope of the member's duties of employment and the injury or hazard is not the proximate result of wilful negligence on the part of the member, all benefits earned during all periods of employment are subject to AS 14.25.157 .

(f) The member and any person claiming to be a contingent beneficiary shall file with the administrator a marriage certificate, divorce or dissolution judgment, or other evidence necessary to determine the applicability of this section and the identity of any contingent beneficiary.

(g) If the administrator determines, based on the affidavit of the member and other evidence, that a member is eligible to elect a form of payment other than a joint and survivor option under this section, and no contrary evidence is presented to the administrator within 60 days after the effective date of the member's retirement, no claim under this section, made by a spouse or former spouse of the member, may be paid if payment would result in an increase in actuarial liability to the plan.

(h) If a member fails to elect an option under (a) of this section and no effective revocation is filed with the administrator, the member is considered to have elected the option provided in (a)(2) of this section.
Alaska Stat. § 14.45.150 — AK Code / Title 14 / Chapter 14.45 / Section 14.45.150
Interscholastic activities; eligibility.
Status: in_force

(a) A full-time student who is eligible under (b) of this section who is enrolled in grades nine through 12 in an alternative education program that is located in the state and that does not offer interscholastic activities is eligible to participate in any interscholastic activities program available in a religious or other private school regulated under this chapter (1) that the student would be eligible to attend were the student not enrolled in an alternative education program; and

(2) at which the student requests to participate, if the administrator of the school approves.

(b) A student is eligible to participate in interscholastic activities under this section if the student (1) is otherwise eligible to participate in interscholastic activities under requirements established by the school and the statewide interscholastic activities governing body;

(2) provides documentation, including academic transcripts, proof of full-time enrollment, and applicable disciplinary records, and, if required for participation in an activity by the school, requested medical records, to the school providing the interscholastic activities program; and

(3) claims the same school for interscholastic activities eligibility purposes during a school year.

(c) In this section, (1) alternative education program means a public secondary school that provides a nontraditional education program, including the Alaska Military Youth Academy; a public vocational, remedial, or theme-based program; a home school program that is accredited by a recognized accrediting body; a charter school authorized under AS 14.03.250 - 14.03.290; and a statewide correspondence school that enrolls students who reside outside of a district in which the student resides and provides less than three hours a week of scheduled face-to-face student interactions in the same location with a teacher who is certified under AS 14.20.020 ;

(2) district has the meaning given in AS 14.17.990 ;

(3) full-time student means a student who (A) is enrolled in not less than five classes in grades nine through 11 and not less than four classes in grade 12; and

(B) is on track to graduate from secondary school in not more than four years of attendance in secondary school;

(4) interscholastic activities means preparation for and participation in events or competitions involving another school when the preparation or participation (A) is sanctioned or supported by the statewide interscholastic activities governing body;

(B) is conducted outside of the regular school curriculum; and

(C) does not involve participation in student government at a school;

(5) located in the state means that the alternative education program is accessed by a student who is located in the state and provides for all instructional hours to take place at a site in the state.
Alaska Stat. § 14.30.410 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.410
Bilingual-bicultural education funds.
Status: reserved

(a) [Repealed, § 12 ch 42 SLA 1997.] (b) The department shall adopt regulations for the determination of entitlement and the distribution of bilingual-bicultural funds to city and borough school districts and regional educational attendance areas.
Alaska Stat. § 14.48.050 — AK Code / Title 14 / Chapter 14.48 / Section 14.48.050
Powers and duties of commission.
Status: in_force

The commission shall (1) establish minimum criteria consistent with AS 14.48.060 including quality of education, ethical and business practices, health and safety, and fiscal responsibility that applicants for authorization to operate, or for an agent's permit, must meet before the authorization or permit is issued;

(2) receive, investigate, and act upon applications for authorization to operate postsecondary educational institutions and applications for agent's permits;

(3) maintain a list of postsecondary educational institutions and agents authorized to operate in the state under this chapter;

(4) keep current and make available as public information the list of institutions and agents;

(5) enter into interstate reciprocity agreements if, in the judgment of the commission, the agreements will be helpful in carrying out the purposes of this chapter;

(6) receive and maintain as a permanent file, copies of academic records maintained in accordance with AS 14.48.060 (b)(6);

(7) adopt regulations and procedures necessary or appropriate for the conduct of its work and the implementation of this chapter under AS 44.62 (Administrative Procedure Act);

(8) investigate on its own initiative or in response to a complaint lodged with it, persons subject to, or reasonably believed by the commission to be subject to, the jurisdiction of this chapter; and in connection with the investigation subpoena persons, books, records, or documents related to the investigation; require answers in writing under oath to questions propounded by the commission and administer oaths or affirmations to persons in connection with the investigation; and, for the purpose of examination at all reasonable times, shall have access to, and the right to copy, documentary evidence of a corporation that is under investigation or being proceeded against;

(9) exercise other necessary powers and duties in conformity with the provisions of this chapter that, in the judgment of the commission, are necessary to carry out the provisions of this chapter.
Alaska Stat. § 14.30.630 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.630
Powers and duties.
Status: in_force

(a) The agency may (1) receive and expend public and private funds to carry out the purposes of the agency;

(2) contract with the department and other public or private agencies for the provision of special education or related services;

(3) do whatever is necessary to carry out the purposes of AS 14.30.600  14.30.660.

(b) The agency shall (1) provide special education services including (A) itinerant outreach services to students who are deaf, deaf-blind, intellectually disabled, developmentally disabled, hearing impaired, blind and visually impaired, orthopedically disabled, health-impaired in other ways, and severely emotionally disturbed, and to students with multiple disabilities;

(B) special education instructional support and training of local school district special education personnel; and

(C) other services appropriate to special education needs;

(2) provide for an annual audit of the agency;

(3) provide the department with a two-year plan of operation including a description of the services to be offered by the agency, the method by which the services will be evaluated, information on the number of students and school district personnel to be served, a schedule of funds available to the agency from all sources, and other information that may be required by the department by regulation;

(4) present an annual budget to the department.
Alaska Stat. § 14.45.130 — AK Code / Title 14 / Chapter 14.45 / Section 14.45.130
Records.
Status: in_force

(a) A religious or other private school that elects to comply with AS 14.45.100  14.45.130 shall maintain permanent student records reflecting immunizations, physical examinations, standardized testing, academic achievement, courses taken at the school, and level of eligibility for an Alaska performance scholarship under AS 14.43.810  14.43.849.

(b) The chief administrative officer of a school that elects to comply with AS 14.45.100  14.45.130 shall certify to the department, under oath or by affirmation, that the records required under (a) of this section are being maintained.

Article 3. General Provisions.
Alaska Stat. § 14.16.100 — AK Code / Title 14 / Chapter 14.16 / Section 14.16.100
Application for residential school.
Status: in_force

Before establishing a residential school, a school district shall apply to the department for approval to establish and operate a statewide or district-wide residential school. The department shall accept applications during an open application period conducted annually. A period of open application in itself does not indicate that the department will approve the establishment of a new residential school.
Alaska Stat. § 14.30.356 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.356
Teen dating violence and abuse awareness and prevention program; training and notices.
Status: in_force

(a) The department, in consultation with school districts, shall develop and approve a program relating to teen dating violence and abuse awareness and prevention for grades seven through 12. The program must (1) include training for employees and students;

(2) provide parent notices; and

(3) be reviewed periodically by a qualified individual or committee for consistency with generally accepted standards for a teen dating violence and abuse awareness and prevention program.

(b) The training, notices, and instruction adopted under this section must include (1) age-appropriate information;

(2) the warning signs of dating violence and abusive behavior;

(3) characteristics of healthy relationships;

(4) measures to prevent and stop dating violence and abuse;

(5) community resources available to victims of dating violence and abuse; and

(6) a procedure allowing a student to be excused from participating in training or from receiving notices under this section at the written request of a parent or guardian of the student, or of the student if the student is emancipated or 18 years of age or older.

(c) The training required for teachers under this section may be provided as a part of the continuing education required under AS 18.66.310 .

(d) In this section, (1) dating violence and abuse means a pattern of behavior in which one person threatens to use, or actually uses, physical, sexual, verbal, emotional, or psychological abuse to control the person's dating partner;

(2) school district has the meaning given in AS 14.30.350 .

Article 8. Health, Safety, and Physical Education.
Alaska Stat. § 14.30.347 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.347
Transportation of children with disabilities.
Status: in_force

When transportation is required to be provided as a related service, a child with a disability shall be transported with children who are not children with disabilities if the district provides transportation to children in the district, except when the nature of the physical or mental disability is such that it is in the best interest of the child with a disability, as provided in the child's individualized education program, that the child be transported separately. State reimbursement for transportation of children with disabilities shall be as provided for transportation of all other pupils except that eligibility for reimbursement is not subject to restriction based on the minimum distance between the school and the residence of the child with a disability.
Alaska Stat. § 14.43.100 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.100
Applications.
Status: in_force

(a) Applications shall be submitted to the executive director of the commission.

(b) A person whose loan application is not approved by the executive director of the commission may appeal to the commission and the commission shall consider the application.
Alaska Stat. § 14.14.270 — AK Code / Title 14 / Chapter 14.14 / Section 14.14.270
Compensation and per diem.
Status: in_force

Members of the committee or other advisory body serve without compensation but are entitled to per diem and travel expenses as may be authorized by the board.
Alaska Stat. § 14.17.440 — AK Code / Title 14 / Chapter 14.17 / Section 14.17.440
State funding for state boarding schools.
Status: in_force

(a) Except as provided in AS 14.17.400 (b), funding for state boarding schools established under AS 14.16.010 includes an allocation from the public education fund in an amount calculated by (1) determining the ADM of state boarding schools by applying the school size factor to the student count as described in AS 14.17.450 ;

(2) multiplying the number obtained under (1) of this subsection by the special needs factor in AS 14.17.420 (a)(1) and the secondary school vocational and technical instruction funding factor set out in AS 14.17.420 (a)(3) and multiplying that product by the base student allocation; and

(3) multiplying the product determined under (2) of this subsection by the district cost factor that is applicable to calculation of the state aid for the adjacent school district under AS 14.17.460 .

(b) State boarding schools are also eligible for intensive services funding under AS 14.17.420 (a)(2).
Alaska Stat. § 14.40.570 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.570
Authority of board.
Status: in_force

(a) Since academic education beyond the high school level is a statewide responsibility, the board, in its discretion and as the need arises, may cooperate with the federal government and qualified school districts and political subdivisions in the establishment of appropriate higher educational programs and activities. The board is responsible for the selection of all community college instructors, part and full-time, for the academic degree programs and activities, and shall pay all instructional and administrative costs, including cost of special equipment and instructional materials, for academic degree programs and activities offered.

(b) Selected upper division and graduate level courses of instruction, offered by the university through its off-campus instructional program to meet local needs, may be coordinated through the office of the director of a community college.
Alaska Stat. § 14.43.010 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.010
Scholarships for dormitory rent.
Status: in_force

The high school student in each graduating class in each high school in the state who, upon the completion of four years of high school work 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 residence at the University of Alaska, a scholarship covering dormitory rent for a period of two years following the year of graduation upon presenting to the registrar of the university a certificate signed by the superintendent or principal of the high school from which the student graduated stating that the graduate named is entitled to receive the benefits of the scholarship. Dormitory residence is governed by the rules and regulations established by the Board of Regents.
Alaska Stat. § 14.40.250 — AK Code / Title 14 / Chapter 14.40 / Section 14.40.250
Regents to act as trustees and administer money or property.
Status: in_force

The Board of Regents may receive, manage, and invest money or other real, personal, or mixed property for the purpose of the University of Alaska, its improvement or adornment, or the aid or advantage of students or faculty, and, in general, may act as trustee on behalf of the University of Alaska for any of these purposes. The regents shall prepare a written report, in accordance with AS 14.40.190 (a), as to the administration and disposition of money received under this section.
Alaska Stat. § 14.43.840 — AK Code / Title 14 / Chapter 14.43 / Section 14.43.840
Report to the legislature.
Status: in_force

(a) To the extent permitted under law, the department, the commission, the University of Alaska, and the Department of Labor and Workforce Development shall share data necessary to prepare public reports regarding the program.

(b) Not more than 10 days after the convening of each regular legislative session, the department, the commission, the University of Alaska, and the Department of Labor and Workforce Development shall present an annual report to the public, the governor, and the legislature containing information of public interest regarding the program, including (1) the number of applicants and number and types of scholarships awarded;

(2) the dollar amount of scholarships awarded in past years and the dollar amount expected to be awarded for the next year; and

(3) data and trends in the data regarding high school and postsecondary student performance, programmatic changes, and retention and graduation rates over time.
Alaska Stat. § 14.07.020 — AK Code / Title 14 / Chapter 14.07 / Section 14.07.020
Duties of the department.
Status: in_force

(a) The department shall (1) exercise general supervision over the public schools of the state except the University of Alaska;

(2) study the conditions and needs of the public schools of the state, adopt or recommend plans, administer and evaluate grants to improve school performance awarded under AS 14.03.125 , and adopt regulations for the improvement of the public schools; the department may consult with the University of Alaska to develop secondary education requirements to improve student achievement in college preparatory courses;

(3) provide advisory and consultative services to all public school governing bodies and personnel;

(4) prescribe by regulation a minimum course of study for the public schools; the regulations must provide that, if a course in American Sign Language is given, the course shall be given credit as a course in a foreign language;

(5) establish, in coordination with the Department of Family and Community Services, a program for the continuing education of children who are held in juvenile detention facilities or juvenile treatment facilities, as those terms are defined in AS 47.12.990 , in the state during the period of detention or treatment;

(6) accredit those public schools that meet accreditation standards prescribed by regulation by the department; these regulations shall be adopted by the department and presented to the legislature during the first 10 days of any regular session, and become effective 45 days after presentation or at the end of the session, whichever is earlier, unless disapproved by a resolution concurred in by a majority of the members of each house;

(7) prescribe by regulation, after consultation with the state fire marshal and the state sanitarian, standards that will ensure healthful and safe conditions in the public and private schools of the state, including a requirement of physical examinations and immunizations in pre-elementary schools; the standards for private schools may not be more stringent than those for public schools;

(8) exercise general supervision over early education programs that receive direct state or federal funding, including early education programs provided by a school district for students four and five years of age, approve an early education program provided by a school district that complies with the standards adopted by the board under AS 14.07.165 (a)(5), and revoke approval of an early education program if the program does not comply with the standards adopted by the board under AS 14.07.165 (a)(5);

(9) exercise general supervision over elementary and secondary correspondence study programs offered by municipal school districts or regional educational attendance areas; the department may also offer and make available to any Alaskan through a centralized office a correspondence study program;

(10) accredit private schools that request accreditation and that meet accreditation standards prescribed by regulation by the department; nothing in this paragraph authorizes the department to require religious or other private schools to be licensed;

(11) review plans for construction of new public elementary and secondary schools and for additions to and major rehabilitation of existing public elementary and secondary schools and, in accordance with regulations adopted by the department, determine and approve the extent of eligibility for state aid of a school construction or major maintenance project; for the purposes of this paragraph, plans include educational specifications, schematic designs, projected energy consumption and costs, and final contract documents;

(12) provide educational opportunities in the areas of vocational education and training, and basic education to individuals over 16 years of age who are no longer attending school; the department may consult with businesses and labor unions to develop a program to prepare students for apprenticeships or internships that will lead to employment opportunities;

(13) administer the grants awarded under AS 14.11 ;

(14) establish, in coordination with the Department of Public Safety, a school bus driver training course;

(15) require the reporting of information relating to school disciplinary and safety programs under AS 14.33.120 and of incidents of disruptive or violent behavior;

(16) establish by regulation criteria, based on low student performance, under which the department may intervene in a school district to improve instructional practices, as described in AS 14.07.030 (a)(14) or (15); the regulations must include (A) a notice provision that alerts the district to the deficiencies and the instructional practice changes proposed by the department;

(B) an end date for departmental intervention, as described in AS 14.07.030 (a)(14)(A) and (B) and (15), after the district demonstrates three consecutive years of improvement consisting of not less than two percent increases in student proficiency on standards-based assessments in language arts and mathematics, as provided in AS 14.03.123 (f)(1)(A); and

(C) a process for districts to petition the department for continuing or discontinuing the department's intervention;

(17) notify the legislative committees having jurisdiction over education before intervening in a school district under AS 14.07.030 (a)(14) or redirecting public school funding under AS 14.07.030 (a)(15);

(18) establish a reading program to provide direct support for and intervention in the reading intervention programs of participating schools as described in AS 14.30.765 and 14.30.770;

(19) annually convene, either in person or electronically, a panel to review and comment on the effectiveness of the programs created by the department and the regulations adopted by the board to implement AS 14.03.410 , 14.03.420, AS 14.30.760  14.30.770, and 14.30.800; the panel (A) shall provide recommendations and guidance to the board, the department, and the legislature on how to integrate early education and reading programs created under this title with tribal compacting or programs focused on cultural education within the department;

(B) shall discuss support for reading in Alaska Native languages and other non-English languages;

(C) must collectively represent the regions of the state and include teachers of grades kindergarten through three, school administrators, parents of students in grades kindergarten through three, stakeholders from Indigenouse language immersion programs, representatives from early education stakeholder groups, and researchers of best practices for improving literacy performance, including best practices for instruction of Indigenouse students and students whose first language is not English.

(b) In implementing its duties under (a)(2) of this section, the department may not expend any money to implement the set of educational curriculum standards for grades kindergarten through 12 established by the Common Core Standards Initiative and shall develop (1) performance standards in language arts and mathematics to be met at designated age levels by each student in public schools in the state; and

(2) a comprehensive system of student assessments, composed of multiple indicators of proficiency in language arts and mathematics; this comprehensive system must (A) be made available to all districts and regional educational attendance areas;

(B) include a developmental profile for students entering kindergarten or first grade; and

(C) include performance standards in language arts and mathematics for students in age groups five through seven, eight through 10, and 11  14.

(c) In this section, early education program means a program for children ages three through five years if the program's primary function is educational.
Alaska Stat. § 14.25.012 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.012
Purpose and effective date.
Status: reserved

(a) [Repealed, § 132 ch 9 FSSLA 2005.] (b) The plan created in AS 14.25.009  14.25.220 became effective as of July 1, 1955, at which time contributions by the participating employers and members began.

(c) Employees first hired after June 30, 2006, are not eligible to participate in the plan established in AS 14.25.009  14.25.220.
Alaska Stat. § 14.30.065 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.065
Supervision.
Status: in_force

The program of physical examination and immunizations prescribed by AS 14.30.065  14.30.127 shall be under the general supervision and in accordance with regulations of the Department of Health.
Alaska Stat. § 14.30.177 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.177
Violations.
Status: in_force

Each school board shall adopt a policy that provides that an employee violating AS 14.30.171  14.30.176 may be subject to disciplinary action.
Alaska Stat. § 14.25.047 — AK Code / Title 14 / Chapter 14.25 / Section 14.25.047
Participation by Special Education Service Agency employees.
Status: in_force

An employee of the Special Education Service Agency may participate in the plan under AS 14.25.009  14.25.220 if (1) the employee possesses or is eligible to possess a teacher certificate under AS 14.20.020 ; and

(2) the employee pays all retroactive contributions required to be made under AS 14.25.009  14.25.220.
Alaska Stat. § 14.30.127 — AK Code / Title 14 / Chapter 14.30 / Section 14.30.127
Vision and hearing screening examinations.
Status: in_force

(a) A vision and hearing screening examination shall be given to each child attending school in the state. The examination shall be made when the child enters school or as soon thereafter as is practicable, and at regular intervals specified by regulation by the governing body of the district.

(b) The Department of Health shall (1) set standards for the performance of vision and hearing screening;

(2) train and certify public health nurses and school district employees to conduct hearing and vision screening tests;

(3) assist with referral and follow-up of children needing professional examination or treatment; and

(4) assist with maintenance and repair of screening equipment.