Meyer, 092619 AKAGO, AGO 2019200644

• Case Date: September 26, 2019
• Court: Alaska

The Honorable Kevin Meyer AGO 2019200644 No. 2019200644 Alaska Attorney General Opinion September 26, 2019          Via Email and Hand Delivery          The Honorable Kevin Meyer          Lieutenant Governor          P.O. Box 110015          Juneau, Alaska 99811-0015          Re: 19SEBR Ballot Measure Application Review          Dear Lieutenant Governor Meyer:          You asked us to review an application for an initiative bill entitled:

An Act requiring the State of Alaska Department of Education and Early Development, the State Board of Education and Early Development, and the University of Alaska to act and make recommendations to ensure that all students in the State of Alaska receive a quality education. (19SEBR).

         We conclude that the application complies with the constitutional and statutory provisions governing the initiative process, and we recommend that you certify the application.          I. The proposed initiative bill.          The bill proposed by this initiative would add duties to the Department of Education and Early Development (DEED) and the University of Alaska Board of Regents. 19SEBR contains seven sections and provides as follows:          Section 1 would add a new section to the uncodified law providing that this act be known as the "Alaska Students' Educational Bill of Rights."          Section 2 would add a new section to the uncodified law that would list findings regarding various education provisions in state law and the University of Alaska, and state that the policy of the State of Alaska is to provide a quality education to students of all ages.          Section 3 would add a new subsection to DEED'S statutory duties under AS 14.07.020(a). It would require DEED to act and make recommendations relating to the safety of public schools, access to a high-quality education, voluntary pre-elementary programs, the salary and benefits of school teachers, class-size, career and technical education programs, extracurricular activities, culturally-sensitive curricula, proximity of the school to students' homes, and student social-emotional needs.          Section 4 would require the State Board of Education and Early Development to adopt regulations to implement Section 3 of the bill.          Section 5 would add a new subsection to the duties and powers of the University of Alaska Board of Regents under AS 14.40.170(a). The board would be required to ensure an affordable and accessible education, maintain university facilities, provide academic programs and educational technology supporting lifelong learning opportunities, encourage research activities, coordinate with Alaska's schools for teacher preparation and dual enrollment for students, collaborate with DEED and the Department of Labor and Workforce Development to prepare students for productive careers, and provide programs that contribute to Alaska's cultural diversity.          Section 6 states the bill would be effective 90 days after enactment.          Section 7 is a severability clause.          II. Analysis.          Under AS 15.45.070, the lieutenant governor must review an application for a proposed initiative bill within 60 calendar days of receipt and "certify it or notify the initiative committee of the grounds for denial." The application for the 19SEBR initiative was filed with the Division of Elections on August 1, 2019. The sixtieth calendar day after the filing of...