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Pupil Transportation

Transportation of Pupils (ch. 09).

SEC. 14.09.020. Transportation for nonpublic school students.—In those places in the state where the department or a school district provides transportation for children attending public schools, the department also shall provide transportation for children who, in compliance with the provisions of chapter 30 of this title, attend nonpublic schools which 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. [ Am. sec. 1, ch. 157 SLA 1972.]

Records and Reports

Private and Denominational Schools (ch. 45).

SEC. 14.45.030. Attendance and annual reports requested.— Teachers and others in charge of private or denominational schools shall make regular monthly attendance reports and annual reports to the commissioner of education in the same manner as teachers and superintendents in the public schools. [Sec. 37-11-3 ACLA 1949.]

Food Services and Nutrition Education (ch. 52).

SEC. 14.52.150. Accounts, records and reports.-(a) The department, schools, school districts, and service institutions participating in programs under this chapter and the federal Child Nutrition Act of 1971 shall keep whatever accounts and records may be necessary to enable the secretary and the commissioner to determine whether there has been compliance under federal law, this chapter and the regulations promulgated under them. The accounts and records shall at all times be available for inspection and audit by representatives of the secretary and the department and shall be preserved for three years.

(b) The department shall provide periodic reports on expenditures of federal funds, program participation, program costs, and other required data on the form the secretary prescribes. [Sec. 1 ch. 187 SLA 1972.]

Teacher Certification

Ch. 20. Teachers and School Officials (art. 1.
Teacher Certification).

SEC. 14.20.010. Teacher certificate required.-A person may not be employed as a teacher in the public schools of the state unless he possesses a valid teacher certificate. [Sec. 37-5-3 ACLA 1949; am. sec. 9, ch. 98 SLA 1966.]

SEC. 14.20.020. Requirements for issuance of certificate.-(a) The department shall issue a teacher certificate to every person who meets the requirements in (b) and (c) of this section.

(b) A person is not eligible for a teacher certificate unless he has received at least a baccalaureate degree from an institution of higher education accredited by a recognized regional accrediting association or approved by the commissioner. However this subsection is not applicable to

(1) persons employed in the state public school system on September 1, 1962;

(2) persons issued an emergency certificate during a situation which, in the judgment of the commissioner, requires the temporary issuance of a certificate to a person not otherwise qualified.

(c) The board may establish by regulation additional requirements for the issuance of certificates.

(d) The board may by regulation establish various classes of certificates. [Sec. 37-5-4 ACLA 1949; am. sec., 1 ch. 76 SLA 1962; am. sec. 10, ch. 98 SLA 1966; am. secs. 13, 14, ch. 32 SLA 1971.]

SEC. 14.20.030. Causes for revocation.-The department may revoke a certificate only for the following causes:

(1) incompetency, which is defined as the inability or the unintentional or intentional failure to perform the teacher's customary teaching duties in a satisfactory manner;

(2) immorality, which is defined as the commission of an act which, under the laws of the state, constitutes a crime involving moral turpitude; or

(3) substantial noncompliance with the school laws of the state or the regulations of the department. [Sec. 11, ch. 98 SLA 1966.]

Health and Safety

Public Schools Generally (ch. 03).

SEC. 14.03.140. Emergency drills.-The principal or other persons in charge of each public or private school or educational institution shall instruct and train pupils by means of drills so that in an emergency they may be able to leave the school building in the shortest possible time without confusion or panic. Drills shall be held at least once each month during the school term, weather permitting. [Sec., 1 ch. 98 SLA 1966.]

Ch. 30. Pupils (art. 2. Physical Examinations).

SEC. 14.30.070. Physical examination required.—(a) The governing body of each school district shall provide for and require a physical examination of every child attending school in the district. The examination shall be made when the child enters school or, in areas where no physician resides, as soon thereafter as is practicable, and thereafter at regular intervals considered advisable by the governing body of the district.

(b) The Department of Health and Social Services may require the district to conduct additional physical examinations which it considers necessary, and may reimburse the district for the additional examinations on the basis and to the extent the commissioner of health and social services prescribes by regulation.

(c) Examinations shall be made by a competent physician, except that if the services of a physician cannot be obtained or if authorized by the commissioner of health and social services examinations may be made by a nurse. [Sec. 37-7-11 ACLA 1949; am. sec., 10 ch. 118 SLA 1949; am. sec. 1, ch. 72 SLA 1953; am. sec., 43 ch. 98 SLA 1966; am. sec. 6, ch. 104 SLA 1971.]

SEC. 14.30.125. Immunization.- If in the judgment of the commissioner of health and social services it is necessary for the welfare of the children or the general public in an area, the governing body of the school district shall require the children attending school in that area to be immunized against the diseases the commissioner of health and social services may specify. [Sec. 45, ch. 98 SLA 1966; am. sec. 2, ch. 131 SLA 1967; am. sec. 6, ch. 104 SLA 1971.]

Ch. 33. Pupil Safety (art 1. School Safety Patrols).

SEC. 14.33.010.Requirements for school safety patrols.-The board of the state-operated schools, for the benefit of schools in the state-operated school district, or the school board of a borough or city school district, or a private or denominational school may require that school safety patrols be established to assist pupils to cross streets and highways adjacent to schools in safety. [Sec. 25, ch. 46 SLA 1970, effective July 1, 1971.]

SEC. 14.33.020. Organization of a patrol.-(a) If the state director, a school board, or a private or denominational school determines that a safety patrol should be established for a school, the principal of the school shall appoint pupils in the school to serve as members of the patrol.

(b) A pupil shall not be appointed a patrol member unless his parents or guardian give written consent to his membership in the patrol.

(c) The principal shall designate a teacher or teachers in the school to supervise the operation of the patrol.

(d) The principal shall consult with the local law enforcement authority to determine those locations adjacent to the school where the patrol may be

most advantageously used. [Sec. 1, ch. 68 SLA 1964; am. sec. 26, ch. 46 SLA 1970, effective July 1, 1971.]

SEC. 14.33.030. Duties of a patrol.-(a) Patrol members shall

(1) encourage pupils to refrain from crossing streets and highways at other than regular crossings;

(2) direct pupils not to cross streets and highways when the presence of traffic renders crossing unsafe;

(3) when directed, assist pupils to safely board or leave school buses.

(b) A patrol member shall not, under any circumstances, be permitted to direct vehicular traffic or be stationed in a street or highway while performing his duties. [Sec. 1, ch. 68 SLA 1964.]

SEC. 14.33.040. Guidance for patrols.-The commissioner shall, after consulting with the commissioner of public safety, promulgate standards to guide patrol members in the conduct of their duties, and shall specify appropriate insignia to be worn by patrol members while on duty. [Sec. 1, ch. 68 SLA 1964.]

SEC. 14.33.050. Cooperation with law enforcement authorities.-The state police or the police department of a political subdivision of the state may, upon request by the department, a school board, or a private or denominational school, assist in the training and control of safety patrols. [Sec. 1, ch. 68 SLA 1964.]

SEC. 14.33.060. Immunity from liability.-The state or a political subdivision of it, a school board or any individual member of it, a private or denominational school, principal, teacher, patrol member, or parent or guardian of a patrol member is immune from liability which might otherwise be incurred as a result of an injury caused by an act or the failure to act on the part of a patrol member while on duty. [Sec. 1, ch. 68 SLA 1964.]

Federal Aid

Vocational Education (ch. 35).

SEC. 14.35.010. Acceptance of Act of Congress for vocational education. - The State of Alaska accepts together with the benefits of all respective funds appropriated thereunder, all of the provisions of the Act of Congress approved February 23, 1917, Public Law 347, 64th Congress, entitled: “An Act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture, home economics and trades and industries; to provide for the cooperation of the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures," and Acts amending or supplementing it. [Sec. 37-9-1 ACLA 1949.]

Federal Aid (ch. 50).

SEC. 14.50.010. Acceptance of federal funds.-The legislature assents to federal aid under Public Law 85-864, 72 Stat. 1580, 85th Congress on behalf of the state. The commissioner of education may do all things necessary to cooperate with the United States government to participate under the Act and any Act amending or supplementing it, subject to prior concurrence of the governor. [Sec. 1, ch. 27 SLA 1959.]

Food Service and Nutrition Education (ch. 52).

SEC. 14.52.030. Food service program for children established.—(a) The commissioner shall formulate and administer cooperatively with appropriate federal, state and local agencies a universal food service and nutrition education program for children in the schools of the state and in service institutions conducting programs for the benefit of all children. To the fullest extent practicable, the commissioner shall utilize the available services and expertise of other related federal, state and local departments and agencies, school districts and private organizations concerned with nutrition and nutrition education in the formulation of program requirements and regulations. The program shall be designed to provide each child an equal opportunity to

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participate on the same basis as all other children with no discrimination as to time or place of serving or types and amounts of foods offered. (b) On recommendation of the advisory commission, the commissioner shall promulgate regulations to carry out the purposes of this chapter, and in so doing, shall comply with the Administrative Procedure Act (AS 44.62) and applicable federal statutes and regulations. [Sec. 1 ch., 187 SLA 1972.]

SEC. 14.52.130. Assistance to nonprofit private schools.--(a) Federal assistance for food service to nonprofit private schools shall be provided by the department either in the form of direct payments or by payments made through the school district in which the nonprofit private school is geographically located.

(b) If the department is precluded by law from making direct or indirect payments to these schools, the commissioner shall withhold funds from the apportionments to the schools or districts for the purpose of making direct payments to these schools. Withholding of these funds shall be based on the rate of federal assistance per child per year for the schools or districts as determined by federal law or regulation and the number of children attending nonprofit private schools in the state. [Sec. 1, ch. 187 SLA 1972.]

SEC. 14.52.180. Definitions.—In this chapter:

(1) "advisory commission" means the Advisory Commission on Child Nutrition established by section 170 of this chapter;

(2) "commissioner" means the commissioner of education; (3) "department" means the Department of Education;

(4) "nonprofit private school" means any private school exempt from income tax under section 501(e)(3) of the United States Internal Revenue Code of 1954, as amended;

(5) "operating costs" means the cost of food and nutrition services administration and supervision, labor, supplies, acquisition, storage, preparation and service of food used in the food service program, utilities, maintenance, repair, and replacement of equipment; this term does not include the cost or value of land or acquisition, construction, or alteration of buildings, nor does it include any part of the general administrative and maintenance expenses for the total school program;

(6) "secretary" means the Secretary of the United States Department of Agriculture;

(7) "service institution" means private, nonprofit institutions or public institutions which provide day care or other child care services for children or handicapped children;

(8) "school or "school district" means the governing body which is responsible for the administration of one or more attendance units and which has the legal authority to operate a food service program; the term includes any public or nonprofit private primary, elementary or secondary school through grade 12, and kindergarten and preschool programs operated by these schools; (9) "universal food service and nutrition education program" means a program designed and operated to offer all children in group situations away from home at least one meal a day which meets at least one-third of the child's daily nutritional requirements; additional meals or supplemental food services may be offered to all children in attendance based on economic or nutritional needs; all food service programs conducted under this chapter should operate without charge to the child; the children to be covered under this chapter include those attending preschool, kindergarten, primary, elementary and secondary schools through grade 12 and children in service institutions as defined in this chapter; the term also includes a broad program of nutrition education to teach all children basic principles of good nutrition and the importance of good nutrition to health. [Sec. 1, ch. 187 SLA 1972.]

SEC. 14.52.190. Short title.-This chapter may be cited as the Alaska Child Nutrition Act. [Sec. 1, ch. 187 SLA 1972.]

Miscellaneous

Public Schools Generally (ch. 03).

SEC. 14.03.130. Display of flag.- United States and Alaska flags shall be displayed upon or near each principal school building during school hours and

at other times the governing body considers proper. [Sec. 1, ch. 98 SLA 1966.]

Title 41. Public Resources (art. 3. Forest
Resource Conservation)

SEC. 41.15.400. Observance of Arbor Day.-To increase awareness of the

vital importance of the conservation and propagation of trees and forests to the everyday life of the citizens of Alaska, the third Monday in May of each year is designated "Arbor Day." It shall be observed by appropriate school assemblies and programs and may be the occasion for other suitable observances and exercises by civic groups and the public in general. [Sec. 1, ch. 11 SLA 1966; am. sec. 1, ch. 15 SLA 1973.]

ARIZONA

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Declaration of Rights (art. 2).

SEC. 12. Liberty of conscience-Appropriations for religious purposes prohibited.— Religious freedom.- *** No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment.***

Public Debt, Revenue, and Taxation (art. 9).

SEC. 7. Gift or loan of credit-Stock ownership-Joint ownership.—Neither the State, nor any county, city, town, municipality, or other subdivision of the State shall ever give or loan its credit in the aid of, or make any donation or grant, by subsidy or otherwise, to any individual, association, or corporation, or become a subscriber to, or a shareholder in, any company or corporation, or become a joint owner with any person, company, or corporation, except as to such ownership as may accrue to the State by operation or provision of law.

SEC. 10. Aid to church, private or sectarian school, or public service corporation.-No tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian school, or any public service corporation.

Education (art. 11).

SEC. 8. Apportionment of permanent State school funds.-The income derived from the investment of the permanent State school fund, and from the rental derived from schools lands, with such other funds as may be provided by law, shall be apportioned only for common and high school education in Arizona, and in such manner as may be prescribed by law.-[Amendment initiated by the people; approved at regular election November 3, 1964; effective December 3, 1964.]

Tax Exemptions For Nonpublic Schools

Public Debt, Revenue, and Taxation (art. 9).

SEC. 2. Property subject to taxation-Exemptions.- * * * Property of educational, charitable and religious associations or institutions not used or held for profit may be exempt from taxation by law. ***

Miscellaneous

Corporations Other Than Municipal (art. 14).

SEC. 2. Formation under general laws-Change of laws-Regulation.Corporations may be formed under general laws, but shall not be created by special Acts. Laws relating to corporations may be altered, amended, or

repealed at any time, and all corporations doing business in this State may, as to such business, be regulated, limited, and restrained by law.

STATUTORY PROVISIONS

Education (title 15).

Approval/Supervision/Support

State Agencies and Officers (ch. 1).

SEC. 15-123. Annual report; date; contents.-A. The state superintendent of public instruction shall make a report to the governor and the legislature on or before October 1 each year. The report shall be in printed form. B. The report shall contain:

1. A full statement of the condition and amount of all funds and property apportioned for the purpose of education.

2. The number and grades of schools in each county.

3. The number of children attending public schools.

4. The average number of children who have attended the public schools during each of the two years previous to July 1 of the year in which the report is måde.

5. The number of children attending private schools. . . . [As amended, Laws 1960, Ch. 127.]

Compulsory Education

School Attendance (ch. 3).

SEC. 15-321. Compulsory school attendance; exceptions.-A. Every perso who has custody of a child between the ages of eight and sixteen years shall send the child to a public school for the full time school is in session within the district in which the child resides except that if a school is operated on an extended year basis each child shall regularly attend during school sessions which total not less than one hundred seventy-five days, or the equivalent as approved by the superintendent of public instruction, during the school year. B. A person shall be excused by the board of trustees from the duty prescribed by subsection A when it is shown to the satisfaction of the board and the county school superintendent that:

2. The child is attending a regularly organized private or parochial school taught by competent teachers for the full time that the public schools of the district are in session.... [As amended, Laws 1972, Ch. 115 and Ch. 40.]

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