4 AAC — Education and Early Development

Chapter 03 State Board of Education

4 AAC 03.010 Organization {#sec-4-aac-03.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.010}

Repealed.

4 AAC 03.020 Duties of the officers {#sec-4-aac-03.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.020}

Repealed.

4 AAC 03.025 Advisory members of state board {#sec-4-aac-03.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.025}

(a) In addition to the board members appointed under AS 14.07.085, the board will appoint, as advisory members of the board,

(1) one military representative; and

(2) repealed 3/31/2005;

(3) one student advisory member elect and one student advisory member who are enrolled in a state public secondary education program; the student advisory member elect becomes the student advisory member under (e) of this section.

(b) The senior military commander in the state may designate the advisory member of the board representing the military. The designation must include a written statement of qualifications and a resume of the designee.

(c) The board will designate a student advisory member elect from a list of candidates nominated by the Alaska Association of Student Governments and candidates nominated by the department. The department will provide the association under (1) of this subsection and candidates seeking nomination under (2) of this subsection a minimum 30-day notice of the due date to submit nominations. The nomination process is as follows:

(1) from the pool of school districts that are members of the Alaska Association of Student Governments, the association shall nominate not less than three and not more than five students who will not have reached the 12th grade at the time the student's appointment as student advisory member elect would begin; for each nominee, the association shall submit to the board

(A) the nominee's name;

(B) a written statement of the nominee's qualifications or the nominee's resume; and

(C) a letter written by the nominee that states the contributions the nominee would make if designated as the student advisory member elect;

(2) from the pool of school districts that are not members of the Alaska Association of Student Governments, the department will

(A) offer an open application process to students at large who

(i) are interested in an appointment as the student advisory member elect under (a) of this section; and

(ii) who will not have reached the 12th grade at the time the

student's appointment as student advisory member elect would begin;

(B) provide an application form on its website for students who meet the requirements of this section; an application must include

(i) a written statement of qualifications or the nominee's resume;

(ii) a letter written by the nominee that states the contributions the nominee would make if designated as the student advisory member elect; and

(iii) any other information as determined by the department;

(D) submit a list of not less than three and not more than five nominations, with the application materials from each nominee, to the board for review and consideration from the applications the department received.

(d) The board will, at a regular meeting, select a student advisory member elect from among the individuals nominated under (c) of this section. The term of the student advisory member elect commences immediately upon selection by the board and terminates on June 30 of the same school year in which the student advisory member elect was appointed.

(e) The board will rotate the student advisory member elect to the position of student advisory member commencing on July 1 immediately following the school year in which the student was appointed student advisory member elect. The term of office of the student advisory member is one year and terminates on June 30 of the school year in which the term commenced.

(f) Advisory members and advisory members elect under this section are entitled to expenses, travel, and per diem allowances provided by law for members of state boards and commissions.

(g) Advisory members appointed under this section may participate in the work of the board, and may deliberate and debate matters brought to the attention of the board. An advisory member, except an advisory member elect, may cast an advisory vote, but an advisory vote is not counted in determining the disposition of board matters.

(h) Advisory members elect shall attend meetings but may not cast a vote.

History

Authority: AS 14.07.060
Eff. 2/11/89, Register 109; am 5/28/92, Register 122; am 4/14/95, Register 134; am 7/25/2001, Register 159; am 3/31/2005, Register 173; am 9/3/2025, Register 255

4 AAC 03.030 Regular meetings {#sec-4-aac-03.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.030}

Repealed.

4 AAC 03.035 Special meetings {#sec-4-aac-03.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.035}

Repealed.

History

Eff. 2/11/89, Register 109; am 8/21/2002, Register 163; repealed 8/20/2004, Register 171

4 AAC 03.040 Procedure {#sec-4-aac-03.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.040}

Repealed.

4 AAC 03.050 Duties of the board {#sec-4-aac-03.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.050}

Repealed 2/11/89.

4 AAC 03.051 Notice of meeting {#sec-4-aac-03.051 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.051}

Repealed.

History

Eff. 2/11/89, Register 109; am 4/14/95, Register 134; am 5/8/99, Register 150; repealed 8/20/2004, Register 171

4 AAC 03.055 Agenda preparation and distribution {#sec-4-aac-03.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.055}

Repealed.

History

Eff. 2/11/89, Register 109; am 4/14/95, Register 134; repealed 8/20/2004, Register 171

4 AAC 03.060 Appointment of staff members {#sec-4-aac-03.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.060}

Repealed 4/2/86.

4 AAC 03.070 Polling of board members {#sec-4-aac-03.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.070}

Repealed.

History

Eff. 2/11/89, Register 109; repealed 8/20/2004, Register 171

4 AAC 03.090 Adoption of regulations {#sec-4-aac-03.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.090}

(a) Except as provided in (b) of this section, in AS 14.03 - AS 14.60 and AS 23.15, if state law authorizes or directs action on a regulation by "the department" or "the Department of Education and Early Development", the regulation may not be adopted, amended, or repealed unless the adoption, amendment, or repeal is approved by the board.

(b) The commissioner of education and early development may adopt emergency regulations under AS 44.62.250 - AS 44.62.270 without prior board approval.

History

Authority: AS 14.07.060
Eff. 2/11/89, Register 109

4 AAC 03.091 Waivers {#sec-4-aac-03.091 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.091}

(a) Innovation in education requires flexibility in applying regulations. A local school board may request a waiver from a regulation in this title to implement an innovative program that leads to improved student achievement.

(b) A waiver request from a local school board must be submitted in writing to the department and must

(1) describe the innovative educational program and how it will improve student achievement;

(2) specify the regulation to be waived;

(3) provide criteria to measure the improvement in student achievement; and

(4) specify the period of time for which the waiver is requested.

(c) In determining whether to grant the waiver, the board will consider the materials submitted, recommendations of the department, and written and verbal public comment.

(d) Except as provided in (e) of this section, if the board finds by a preponderance of evidence that the innovative educational program will improve student achievement, the board may waive the regulation for a period specified by the board.

(e) The board will not waive a regulation required by state or federal law or necessary for health and safety.

History

Authority: AS 14.07.060
Eff. 6/16/93, Register 126; am 4/14/95, Register 134

4 AAC 03.100 Bylaws {#sec-4-aac-03.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 03.100}

Repealed.

History

Eff. 2/11/89, Register 109; repealed 8/20/2004, Register 171

Chapter 04 Statewide Goals

4 AAC 04.010 Purposes and responsibilities {#sec-4-aac-04.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.010}

(a) This chapter sets out statewide goals for public education, and adopts, by reference, content standards for several subject areas.

(b) The purposes of the goals are to

(1) encourage the school districts to envision and develop local educational plans that are unique to each district's culture, geography, and climate, and that will graduate world-class students;

(2) empower the public with the knowledge that the skills and subjects included in this chapter are of great importance to education so that the public can participate in local educational planning with more authority and effect; and

(3) set standards against which the public, school districts, teachers, and students can measure the quality of education that students receive.

(c) The content standards and goals referred to in this chapter identify student abilities that evidence mastery of a subject area. The content standards are not graduation requirements or components of a curriculum, but they establish what constitutes excellent educational results. The content standards and goals are intentionally broad to allow a school district to tailor its curriculum to the conditions, goals, and expectations of its community. A school district board, working with the public, teachers, and students shall choose and implement effective teaching strategies so that its students will achieve high performance in a subject area. These strategies should be reflected in

(1) the development, selection, and implementation of the school district board policies;

(2) the curriculum and assessment required by 4 AAC 05.080; and

(3) teaching methodology, textbooks and instructional materials, and management practices.

History

Authority: AS 14.03.015; AS 14.07.020; AS 14.07.165 AS 14.03.120; AS 14.07.060
Eff. 6/24/93, Register 126; am 1/4/95, Register 133; am 3/2/2000, Register 153; am 10/16/2012, Register 204

4 AAC 04.020 Skills for graduating students {#sec-4-aac-04.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.020}

(a) A goal of the state public school system is to graduate students who will

(1) possess a broad knowledge base;

(2) communicate effectively;

(3) use technology skills;

(4) think logically and critically;

(5) be healthy;

(6) recognize, value and use creativity;

(7) be responsible and ethical citizens and community members; and

(8) be enthusiastic learners.

(b) The department's publication, World-Class Students Graduation Outcomes, as revised as of March 19, 2009, is adopted by reference. The goals expressed in World-Class Students Graduation Outcomes represent goals of the state public school system.

History

Authority: AS 14.03.015; AS 14.07.060 AS 14.07.020; AS 14.07.165
Eff. 6/24/93, Register 126; am 12/13/2009, Register 192

4 AAC 04.030 Subjects {#sec-4-aac-04.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.030}

A goal of the state public school system is to provide a working knowledge of

(1) English/language arts;

(2) mathematics;

(3) science;

(4) geography;

(5) history;

(6) skills for a healthy life;

(7) government and citizenship;

(8) arts;

(9) computer science and digital literacy;

(10) world languages;

(11) library and information literacy; and

(12) cultural standards.

History

Authority: AS 14.03.015; AS 14.07.060 AS 14.07.020; AS 14.07.165
Eff. 6/24/93, Register 126; am 12/8/2019, Register 232

4 AAC 04.040 English and language arts performance standards {#sec-4-aac-04.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.040}

Repealed.

History

Eff. 1/4/95, Register 133; repealed 3/2/2000, Register 153

4 AAC 04.050 Mathematics performance standards {#sec-4-aac-04.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.050}

Repealed.

History

Eff. 1/4/95, Register 133; repealed 3/2/2000, Register 153

4 AAC 04.060 Science performance standards {#sec-4-aac-04.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.060}

Repealed.

History

Eff. 1/4/95, Register 133; repealed 3/2/2000, Register 153

4 AAC 04.070 Government and citizenship performance standards {#sec-4-aac-04.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.070}

Repealed.

History

Eff. 7/26/95, Register 135; repealed 3/2/2000, Register 153

4 AAC 04.080 Geography performance standards {#sec-4-aac-04.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.080}

Repealed.

History

Eff. 7/26/95, Register 135; repealed 3/2/2000, Register 153

4 AAC 04.090 History performance standards {#sec-4-aac-04.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.090}

Repealed.

History

Eff. 7/26/95, Register 135; repealed 3/2/2000, Register 153

4 AAC 04.100 Skills for a healthy life performance standards {#sec-4-aac-04.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.100}

Repealed.

History

Eff. 7/26/95, Register 135; repealed 3/2/2000, Register 153

4 AAC 04.110 Arts performance standards {#sec-4-aac-04.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.110}

Repealed.

History

Eff. 3/28/96, Register 137; repealed 3/2/2000, Register 153

4 AAC 04.120 World languages performance standards {#sec-4-aac-04.120 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.120}

Repealed.

History

Eff. 3/28/96, Register 137; repealed 3/2/2000, Register 153

4 AAC 04.130 Technology performance standards {#sec-4-aac-04.130 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.130}

Repealed.

History

Eff. 3/28/96, Register 137; repealed 3/2/2000, Register 153

4 AAC 04.140 Content standards {#sec-4-aac-04.140 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.140}

(a) The standards for English/language arts and mathematics, as set out in the department's publication Alaska English/Language Arts and Mathematics Standards, revised as of June 2012, are adopted by reference. The standards for science, as set out in the department's publication Science Standards for Alaska, revised as of March 2019, are adopted by reference. The standards for computer science, as set out in the department's publication Alaska Computer Science Standards, revised as of March 2019, are adopted by reference. The standards for digital literacy, as set out in the department's publication Alaska Digital Literacy Standards, revised as of March 2019, are adopted by reference. The content standards for civics, economics, geography, history, and inquiry, as set out in the department's publication Alaska Social Studies Standards, revised as of June 2024, are adopted by reference.

(b) The content standards for physical education, as set out in the department's publication entitled Alaska Physical Education Standards, as revised as of March 9, 2010, are adopted by reference. The content standards for Alaska Native language arts for kindergarten through grade 3 reading, as set out in the publication entitled Alaska Native Language Arts K-3 Reading Standards, developed by the Sealaska Heritage Institute with TIDES Education Associates, dated September 16, 2024, are adopted by reference.

History

Authority: AS 14.03.015; AS 14.07.020; AS 14.07.165 AS 14.03.120; AS 14.07.060; AS 14.07.180
Eff. 3/2/2000, Register 153; am 11/10/2005, Register 176; am 5/18/2006, Register 178; am 8/18/2010, Register 195; am 10/16/2012, Register 204; am 9/29/2016, Register 219; am 12/8/2019, Register 232; am 9/5/2025, Register 255; am 10/19/2025, Register 256

4 AAC 04.150 Performance standards {#sec-4-aac-04.150 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.150}

Repealed.

History

Eff. 3/2/2000, Register 153; am 11/10/2005, Register 176; am 5/18/2006, Register 178; am 2/9/2007, Register 181; repealed 10/16/2012, Register 204

4 AAC 04.155 English language proficiency standards {#sec-4-aac-04.155 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.155}

The standards for English language proficiency for grade levels kindergarten through 12, as set out in the publication titled WIDA English Language Development Standards Framework, 2020 Edition: Kindergarten - Grade 12, are adopted by reference.

History

Authority: AS 14.07.060; AS 14.17.420; AS 14.30.410
Eff. 8/29/2004, Register 171; am 5/18/2006, Register 178; am 10/3/2011, Register 200; am 12/23/2021, Register 240

4 AAC 04.160 Alternate performance standards for students with significant cognitive disabilities {#sec-4-aac-04.160 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.160}

Repealed.

History

Eff. 5/21/2000, Register 154; repealed 8/15/2008, Register 187

4 AAC 04.170 Library and information literacy standards {#sec-4-aac-04.170 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.170}

The standards for library and information literacy, as set out in the document titled The Alaska School Library Framework for Learners, 2020 Edition, excerpted from the National School Library Standards for Learners, School Librarians, and School Libraries, developed by the American Library Association of School Librarians, are adopted by reference.

History

Authority: AS 14.03.015; AS 14.07.020; AS 14.07.165 AS 14.03.120; AS 14.07.060
Eff. 5/11/2000, Register 154; am 1/28/2021, Register 237

4 AAC 04.180 Student cultural standards {#sec-4-aac-04.180 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.180}

The cultural standards for students in the state, as set out in the Assembly of Alaska Native Educators' publication entitled Alaska Standards for Culturally-Responsive Schools, revised as of February 3, 1998, are adopted by reference.

History

Authority: AS 14.03.015; AS 14.07.020; AS 14.07.165 AS 14.03.120; AS 14.07.060
Eff. 5/14/2000, Register 154; am 11/10/2005, Register 176; am 5/18/2006, Register 178; am 12/8/2019, Register 232; am 9/5/2025, Register 255

4 AAC 04.200 Professional content and performance standards {#sec-4-aac-04.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.200}

(a) The provision contained in subsections (b), (c), (e) and (f) of this section identify and describe content and performance standards that reflect the highest abilities and qualities of the teaching profession. The paragraphs within each of those subsections describe the content standards for teachers, and for teachers who are administrators, as applicable. The subparagraphs within those paragraphs identify performance standards upon which districts shall base district performance standards.

(b) The following content and performance standards apply to a teacher:

(1) A teacher can describe the teacher's philosophy of education and demonstrate its relationship to the teacher's practice. Performances that reflect attainment of this standard include

(A) engaging in thoughtful and critical examination of the teacher's practice with others, including describing the relationship of beliefs about learning, teaching, and assessment practice to current trends, strategies, and resources in the teaching profession; and

(B) demonstrating consistency between a teacher's beliefs and the teacher's practice.

(2) A teacher understands how students learn and develop, and applies that knowledge in the teacher's practice. Performances that reflect attainment of this standard include

(A) accurately identifying and teaching to the developmental abilities of students; and

(B) applying learning theory in practice to accommodate differences in how students learn, including accommodating differences in student intelligence, perception, and cognitive style.

(3) A teacher teaches students with respect for their individual and cultural characteristics. Performances that reflect attainment of this standard include

(A) incorporating characteristics of the student's and local community's culture into instructional strategies that support student learning;

(B) identifying and using instructional strategies and resources that are appropriate to the individual and special needs of students; and

(C) applying knowledge of Alaska history, geography, economics, governance, languages, traditional life cycles and current issues to the selection of instructional strategies, materials, and resources.

(4) A teacher knows the teacher's content area and how to teach it. Performances that reflect attainment of this standard include

(A) demonstrating knowledge of the academic structure of the teacher's content area, its tools of inquiry, central concepts, and connections to other domains of knowledge;

(B) identifying the developmental stages by which learners gain mastery of the content area, applying appropriate strategies to assess a student's stage of learning in the subject, and applying appropriate strategies, including collaborating with others, to facilitate students' development;

(C) drawing from a wide repertoire of strategies, including, where appropriate, instructional applications of technology, and adapting and applying these strategies within the instructional context;

(D) connecting the content area to other content areas and to practical situations encountered outside the school; and

(E) staying current in the teacher's content area and demonstrating its relationship with and application to classroom activities, life, work, and community.

(5) A teacher facilitates, monitors, and assesses student learning. Performances that reflect attainment of this standard include

(A) organizing and delivering instruction based on the characteristics of the students and the goals of the curriculum;

(B) creating, selecting, adapting, and using a variety of instructional resources to facilitate curricular goals and student attainment of student content standards;

(C) creating, selecting, adapting, and using a variety of assessment strategies that provide information about and reinforce student learning and that assist students in reflecting on their own progress;

(D) organizing and maintaining records of students' learning and using a variety of methods to communicate student progress to students, parents, administrators, and other appropriate audiences; and

(E) reflecting on information gained from assessments and adjusting teaching practice, as appropriate, to facilitate student progress toward learning and curricular goals.

(6) A teacher creates and maintains a learning environment in which all students are actively engaged and contributing members. Performances that reflect attainment of this standard include

(A) creating and maintaining a stimulating, inclusive, and safe learning community in which students take intellectual risks and work independently and collaboratively;

(B) communicating high standards for student performance and clear expectations of what students will learn;

(C) planning and using a variety of classroom management techniques to establish and maintain an environment in which all students are able to learn; and

(D) assisting students in understanding their role in sharing responsibility for their learning.

(7) A teacher works as a partner with parents, families, and the community. Performances that reflect attainment of this standard include

(A) promoting and maintaining regular and meaningful communication between the classroom and students' families;

(B) working with parents and families to support and promote student learning;

(C) participating in schoolwide efforts to communicate with the broader community and to involve parents and families in student learning;

(D) connecting, through instructional strategies, the school and classroom activities with student homes and cultures, work places, and the community; and

(E) involving parents and families in setting and monitoring student learning goals.

(8) A teacher participates in and contributes to the teaching profession. Performances that reflect attainment of this standard include

(A) maintaining a high standard of professional ethics;

(B) maintaining and updating both knowledge of the teacher's content area or areas and best teaching practice;

(D) communicating, working cooperatively, and developing professional relationships with colleagues.

(c) In addition to the content and performance standards set out in (b) of this section, the following content and performance standards apply to a teacher who is an administrator in the public schools:

(1) An administrator provides leadership for an educational organization. Performances that reflect attainment of this standard include

(A) working with and through individuals and groups;

(B) facilitating teamwork and collegiality, including treating staff as professionals;

(C) providing direction, formulating plans and goals, motivating others, and supporting the priorities of the school in the context of community and district priorities and staff and student needs;

(D) focusing on high priority issues related to student learning and staff competence;

(E) recognizing and acknowledging outstanding performance;

(F) solving or convening others to solve problems and making sound judgments based on problem analysis, best practice, and district goals and procedures;

(G) prioritizing and using resources effectively to accomplish organizational goals through planning, involving others, delegating, and allocating resources sufficiently to priority goals;

(H) taking action to carry out plans and accomplish goals; and

(I) maintaining the administrator's own professional goals.

(2) An administrator guides instruction and supports an effective learning environment. Performances that reflect attainment of this standard include

(A) supporting the development of a schoolwide climate of high expectations for student learning and staff performance;

(B) ensuring that effective instructional methods are in use;

(C) maintaining school or program-level records of student learning and communicating students' progress to the appropriate individuals or entities;

(D) developing and supporting instructional and auxiliary programs for the improvement of teaching and learning; and

(E) facilitating the establishment of effective learning environments.

(3) An administrator oversees the implementation of curriculum. Performances that reflect attainment of this standard include

(A) demonstrating knowledge of current major curriculum design models, including a standards-based curriculum;

(B) interpreting school district curricula in terms of school-level organization and program;

(C) facilitating staff's alignment of materials, curricula, methods, and goals and standards for student performance; and

(D) monitoring social and technological developments as they affect curriculum.

(4) An administrator coordinates services that support student growth and development. Performances that reflect attainment of this standard include

(A) implementing and overseeing student behavior and discipline procedures that promote the safe and orderly atmosphere of the school;

(B) providing for student guidance, counseling, and auxiliary services;

(D) being responsive to parent and family requests for information, involvement in student learning, and outreach assistance;

(E) supporting the development and use of programs that connect schooling with plans for adult life; and

(F) supporting the development and overseeing the implementation of a comprehensive program of student activities.

(5) An administrator provides for staffing and professional development to meet student learning needs. Performances that reflect attainment of this standard include

(A) supervising or arranging for the supervision of staff for the purpose of improving their performance, demonstrating the ability to apply, as appropriate, both collegial and hierarchical models;

(B) working with faculty and staff to identify individual and group professional needs and to design appropriate staff development opportunities;

(D) participating in the hiring of new staff based upon needs of the school and district priorities.

(6) An administrator uses assessment and evaluation information about students, staff, and the community in making decisions. Performances that reflect attainment of this standard include

(A) developing tools and processes to gather needed information from students, staff, and the community;

(B) using information to determine whether student, school, or program goals have been met and implementing changes where appropriate;

(D) relating programs to desired standards or goals.

(7) An administrator communicates with diverse groups and individuals with clarity and sensitivity. Performances that reflect attainment of this standard include

(A) communicating clearly, effectively, and with sensitivity to the needs and concerns of others, both orally and in writing;

(B) obtaining and using feedback to communicate more effectively;

(C) recognizing the influence of culture on communication style and communicating with sensitivity to cultural differences; and

(D) communicating a positive image of the school in the community.

(8) An administrator acts in accordance with established laws, policies, procedures, and good business practices. Performances that reflect attainment of this standard include

(A) acting in accordance with federal and state statutes, regulations, and other law;

(B) working within local policy, procedures, and directives; and

(9) An administrator understands the influence of social, cultural, political, and economic forces on the educational environment and uses this knowledge to serve the needs of children, families, and communities. Performances that reflect attainment of this standard include

(A) acting with awareness that schools exist in a political environment and are affected by other systems with which they intersect and interact;

(B) identifying relationships between public policy and education;

(C) recognizing the appropriate level at which an issue should be resolved, including home, classroom, building, and district levels, and taking appropriate action;

(D) engaging in and supporting efforts to affect public policy to promote quality education for students;

(E) addressing ethical issues that arise in the educational environment, acting with care and good judgment within appropriate time frames; and

(F) enlisting public participation in and support for school programs, student achievement, and the schoolwide climate for learning.

(10) An administrator facilitates the participation of parents and families as partners in the education of children. Performances that reflect attainment of this standard include

(A) supporting and respecting the responsibilities of parents and families, recognizing the variety of parenting traditions and practices in the community;

(B) ensuring that teachers and staff engage parents and families in assisting student learning;

(D) involving parents and community in meaningful ways in school or program decision-making.

(d) Nothing in this section requires an educator to disclose information or communicate about students to others if disclosure or communication is otherwise prohibited by law.

(e) The content and performance standards that apply to a beginning teacher for purposes of completion of a teacher preparation program include the standards described in the Guidelines for Preparing Culturally Responsive Teachers for Alaska's Schools, published by the Alaska Native Knowledge Network, revised as of February 2, 1999, and adopted by reference, and the following:

(1) A beginning teacher can describe the teacher's philosophy of education and demonstrate its relationship to the teacher's practice. Performances that reflect attainment of this standard include

(A) stating a personal philosophy of education supported by research, professional literature, and experience with students;

(B) identifying teaching practices that are consistent or inconsistent with the teacher's personal philosophy of education; and

(2) A beginning teacher understands how students learn and develop and applies that knowledge in the teacher's practice. Performances that reflect attainment of this standard include

(A) identifying the abilities of students based on a developmental continuum through formal and informal assessment, including observation, documentation, developmental profiles required under 4 AAC 06.712, and state standards-based assessments under 4 AAC 06.737;

(B) providing instructional opportunities to meet the needs of students based on

(i) theories of learning and motivation; and

(ii) the individual and special needs of students, including students with different learning styles, students at different stages of development, students with disabilities, limited English proficient students, and gifted students.

(3) A beginning teacher teaches students with respect for their individual and cultural characteristics. Performances that reflect attainment of this standard include

(A) making connections with local cultures and with the individual and cultural characteristics of the students to promote learning;

(B) using resources and information about the community and the state in planning and delivery of instruction;

(D) using culturally appropriate communication, instructional strategies, and ways of knowing, and using knowledge of the cultural standards adopted by reference in 4 AAC 04.180 in practice; and

(E) identifying and using instructional strategies and resources that are appropriate to the individual and special needs of students.

(4) A beginning teacher knows the teacher's content area and how to teach it. Performances that reflect attainment of this standard include

(A) identifying the connections in instructional plans to the

(i) student content standards adopted by reference in 4 AAC 04.140; and

(ii) district curriculum; and

(B) developing and teaching lessons or units that demonstrate

(i) accurate and current knowledge of the content;

(ii) instructional strategies that are suited to teaching the content area, integrating technology where appropriate;

(iii) consideration of students' developmental stages of content mastery using an analysis of various qualitative and quantitative assessment data;

(iv) a variety of teaching strategies that encourage students' development of critical thinking, problem solving, creativity, and performance skills; and

(v) connections across disciplines that enable students to apply their content knowledge and process skills to real world situations.

(5) A beginning teacher facilitates, monitors, and assesses student learning. Performances that reflect attainment of this standard include

(A) teaching lessons based on

(i) the student content standards adopted by reference in 4 AAC 04.140;

(ii) the district curriculum; and

(iii) individual and special needs of students;

(B) selecting appropriate assessments that measure what students know, understand, and are able to do;

(D) identifying and using a variety of instructional strategies and resources that are appropriate to the individual and special needs of students, including students with disabilities, limited English proficient students, and gifted students;

(E) assisting students to reflect on their own progress using assessment data;

(F) using a record keeping system to monitor and report student progress and attendance; and

(G) communicating ongoing student progress in a timely manner to students, parents, administrators, and other appropriate audiences.

(6) A beginning teacher creates and maintains a learning environment in which all students are actively engaged and contributing members. Performances that reflect attainment of this standard include

(A) creating and maintaining a learning environment that is physically, emotionally, and intellectually safe;

(B) establishing a culture of learning for all students by

(i) setting clear expectations of high standards for student performance;

(ii) promoting pride in student accomplishments;

(iii) teaching students to be responsible for their individual and collaborative learning and decision-making;

(iv) promoting respect for individual differences; and

(v) responding appropriately to student behavior; and

(C) implementing routines, procedures, scheduling, a classroom physical arrangement, and other elements of a classroom management plan that

(i) establishes an environment in which students are actively engaged, contributing members;

(ii) establishes an environment in which time is managed for maximum learning, by means of transitions, pacing, administrative procedures, and other time management techniques; and

(iii) includes a discipline plan incorporating district, school, and classroom standards of behavior.

(7) A beginning teacher works as a partner with parents, families, and the community. Performances that reflect attainment of this standard include

(A) promoting regular communication between the classroom and students' families;

(B) participating in schoolwide efforts, if available, that involve families and the public in the school community;

(C) relating curriculum to local lifestyles, using culturally relevant lesson plans, using local experts, local artists, and field trips, and using other instructional strategies that connect classroom activities with students' cultures and families and with the local community; and

(D) providing parents and families the opportunity to set and monitor student learning goals.

(8) A beginning teacher participates in and contributes to the teaching profession. Performances that reflect attainment of this standard include

(A) complying with 20 AAC 10.020 (code of ethics and teaching standards), and explaining how it impacts decision-making;

(B) committing to continuous professional growth by

(i) setting professional goals based on identified strengths, weaknesses, and feedback from colleagues, supervisors, administrators, mentors, and other professionals;

(ii) reflecting upon the teacher's own teaching practices, including progress towards goals; and

(iii) pursuing certification advancement, professional organization affiliation, district in-services, or other professional development opportunities;

(D) demonstrating compliance with federal, state, district, and school laws, regulations, policies, procedures, and schedules; and

(E) considering feedback from colleagues, supervisors, administrators, mentors, and other professionals.

(f) The following cultural standards for educators apply to a teacher, including a teacher who is an administrator or a special service provider:

(1) a culturally-responsive educator incorporates local ways of knowing and teaching in the educator's work;

(2) a culturally-responsive educator uses the local environment and community resources on a regular basis to link what the educator is teaching to the everyday lives of the students;

(3) a culturally-responsive educator works closely with parents to achieve a high level of complementary educational expectations between home and school;

(4) a culturally-responsive educator recognizes the full educational potential of each student and provides the challenges necessary for the student to achieve that potential.

History

Authority: AS 14.03.015; AS 14.07.060; AS 14.20.020 AS 14.07.020; AS 14.20.010
Eff. 12/17/94, Register 132; am 4/20/97, Register 142; am 3/15/2007, Register 181; am 9/12/2008, Register 187; am 2/4/2011, Register 197; am 10/16/2012, Register 204; am 2/16/2013, Register 205

4 AAC 04.205 District performance standards {#sec-4-aac-04.205 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.205}

(a) Repealed 2/16/2013.

(b) A district shall establish performance standards for each of the professional content standards set out at 4 AAC 04.200. In establishing its performance standards, a district shall discuss each of the performance standards set out at 4 AAC 04.200 that reflect attainment of each professional content standard. A district may

(1) establish a performance standard set out at 4 AAC 04.200 as one of its performance standards;

(2) modify a performance standard set out at 4 AAC 04.200 to accommodate district goals and priorities;

(3) combine performance standards set out at 4 AAC 04.200 to create broader performance standards; and

(4) provide additional or alternative performance standards to accommodate district goals and priorities.

(d) Performance standards established by a district shall be interpreted and applied in the context of the job requirements of the teacher being evaluated.

(e) Repealed 10/9/2016.

(f) Repealed 10/9/2016.

History

Authority: AS 14.03.015; AS 14.07.060; AS 14.20.020 AS 14.07.020; AS 14.20.010
Eff. 4/20/97, Register 142; am 2/16/2013, Register 205; am 10/9/2015, Register 216; am 10/9/2016, Register 220

4 AAC 04.210 Highly qualified teachers {#sec-4-aac-04.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.210}

Repealed.

History

Eff. 6/13/2004, Register 170; am 3/5/2005, Register 173; am 11/10/2005, Register 176; am 1/19/2006, Register 177; am 5/20/2006, Register 178; am 3/15/2007, Register 181; am 7/25/2007, Register 183; am 8/15/2008, Register 187; am 9/7/2012, Register 203; am 6/27/2014, Register 210; am 4/24/2016, Register 218; repealed 2/5/2017, Register 221

4 AAC 04.212 Objective uniform standards {#sec-4-aac-04.212 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.212}

Repealed.

History

Eff. 6/13/2004, Register 170; am 9/25/2005, Register 175; am 1/19/2006, Register 177; am 5/20/2006, Register 178; am 9/20/2006, Register 179; am 2/9/2007, Register 181; am 7/25/2007, Register 183; am 10/31/2008, Register 188; am 10/16/2012, Register 204; repealed 2/5/2017, Register 221

4 AAC 04.220 Paraprofessional standards {#sec-4-aac-04.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.220}

(a) A paraprofessional will demonstrate the ability to

(1) practice ethical and professional standards of conduct and continued professional improvement;

(2) understand how students learn and develop and understand how to assist in providing opportunities that support students' intellectual, social and personal development;

(3) understand the content areas and apply the elements of effective instruction to support teaching and learning activities;

(4) motivate and assist students to build self-esteem, develop interpersonal skills, and strengthen abilities in order to become more successful;

(5) understand the distinction between the roles and responsibilities of professionals, paraprofessionals, and support personnel in the areas of assessment, diagnosis, and evaluation;

(6) adhere to communication protocols with colleagues, community members, and parents including following instructions, sharing information, and using interpersonal skills to become an effective member of the instructional team;

(7) understand and implement district and state guidelines for protecting the safety, health, and well being of students and staff, including the school district's crisis response plan; and

(8) utilize technology to assist and enhance teaching and learning.

(b) Each district shall ensure that a paraprofessional employed by the district in a public school in any grade pre-kindergarten through grade 12 has

(1) earned a secondary school diploma or its recognized equivalent; and

(2) met the standards set out in (a) of this section through an annual evaluation; an annual evaluation must consist of observations and interviews by district personnel qualified to evaluate paraprofessionals.

(c) Except as provided in (d) of this section, and in addition to the requirements of (b) of this section, each district shall ensure that a paraprofessional has met at least one of the following requirements:

(1) completed at least two years, or 48 semester hours or equivalent, of study at a regionally or nationally accredited institution of higher education;

(2) obtained an associate's or higher degree at a regionally or nationally accredited institution of higher education; or

(3) achieved

(A) a score of at least 459 on the ParaPro Assessment, published by the Educational Testing Service;

(B) the following minimum scores on the Higher Education Learning Profile, published by Educational Resources Incorporated:

(i) essential math, 54 percent;

(ii) reading comprehension, 41 percent; and

(iii) written expression, 55 percent;

(i) Assessment 1 Reading, Writing, and Math: Instructional Support, 65 percent; and

(ii) Assessment 2 Reading, Writing, and Math, 70 percent;

(D) the following minimum levels on the WorkKeys by ACT, Inc.:

(i) Workplace Documents, level 4;

(ii) Applied Math, level 4; and

(iii) Graphic Literacy, level 3; or

(E) qualifying competency examination scores under 4 AAC 12.310.

(d) A paraprofessional is not required to meet the requirements of (c) of this section if the paraprofessional

(1) acts as a translator to enhance the participation of English learners or students with disabilities,

(2) has instructional-support duties that consist solely of conducting parental involvement activities; or

(3) has only non-instructional duties, including providing technical support for computers, providing personal care duties, or performing clerical duties.

History

Authority: AS 14.07.060; AS 14.50.080
Eff. 6/10/2004, Register 170; am 5/18/2006, Register 178; am 2/28/2010, Register 193; am 10/20/2018, Register 228; am 10/26/2022, Register 244

4 AAC 04.225 Alternative foreign language proficiency assessment standards {#sec-4-aac-04.225 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.225}

The standards for alternative foreign language proficiency assessment under 4 AAC 12.388 and 4 AAC 06.079, as set out in the American Council on the Teaching of Foreign Language's publication titled Proficiency Guidelines 2012, are adopted by reference.

History

Authority: AS 14.07.060; AS 14.20.023 AS 14.20.020; AS 14.30.410
Eff. 8/21/2024, Register 251

4 AAC 04.300 Standards for state accreditation of schools {#sec-4-aac-04.300 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.300}

(a) The provisions of this section apply to any public or private school in this state seeking state accreditation under AS 14.07.020.

(b) The standards for state accreditation for a public or private school in this state are set out in AdvancED Performance Standards for Schools and AdvancED Performance Standards for School Systems, published by AdvancED in 2017 and adopted by reference.

(c) A public or private school in this state will be accredited by the department under AS 14.07.020(a)(6) if the school is accredited by the Northwest Accreditation Commission, a division of AdvancED, after completion of the accreditation process, including the internal review and the external review.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 10/25/98, Register 148; am 10/16/2012, Register 204; am 4/4/2013, Register 206; am 11/28/2019, Register 232

4 AAC 04.900 Definitions {#sec-4-aac-04.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 04.900}

(a) In this chapter, unless the context otherwise requires,

(1) "department" means the Department of Education and Early Development;

(2) "paraprofessional" means a person who is not required to have a professional license or certification and who, under the supervision of a teacher or other professional educational service provider, provides instructional or other educational support to a student.

(3) "world languages" means non-English languages including Alaska Native, American Indian, and American Sign Language.

(b) For the purpose of reporting under 4 AAC 06.895 and 20 U.S.C. 6311 (Part A of the Title I of the Elementary and Secondary Education Act),

(1) "ineffective teacher" means a teacher who was

(A) subject to a plan of improvement under AS 14.20.149(b)(6) or 14.20.149(e); or

(B) was notified that the teacher's continued employment in the district was contingent on the implementation of a plan of improvement and resigned; or

(C) a tenured teacher who is receiving district support or is subject to a plan of professional growth under 4 AAC 19.010(h) and 4 AAC 19.010(j);

(2) "inexperienced principal" means a principal in the first year of practice, having no previous experience as the lead administrator of a school;

(3) "inexperienced teacher" means a teacher in the first year of practice, having no previous experience leading classroom instruction other than student teaching or similar preparation experiences;

(4) "out-of-field teacher" means a teacher teaching in a subject area in which the teacher does not hold an endorsement on a certificate issued 4 AAC 12.

History

Authority: AS 14.03.015; AS 14.07.060; AS 14.50.080 AS 14.07.020; AS 14.07.165
Eff. 3/2/2000, Register 153; am 6/10/2004, Register 170; am 10/20/2018, Register 228; am 10/26/2022, Register 244

Chapter 05 Local Education

4 AAC 05.010 Purpose {#sec-4-aac-05.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.010}

(a) The purpose of this chapter is to ensure that, consistent with the desires of parents and of local communities, the children of school age in the state have the opportunity to attend an elementary or secondary school in the local communities in which they reside.

(b) Nothing in this chapter is intended to require the construction of a new facility in which to conduct a school established under this chapter, if there exists in the community a suitable facility in which the school may be conducted.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 9/3/76, Register 59; am 6/11/95, Register 134

4 AAC 05.020 Definitions {#sec-4-aac-05.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.020}

Relocated 6/11/95.

4 AAC 05.030 Local education {#sec-4-aac-05.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.030}

(a) Every child of school age has the right to a public education in the local community in which the child resides.

(b) Neither the department nor a district may require a child of school age to live away from the local community in which the child resides to obtain an education.

History

Authority: AS 14.03.080; AS 14.07.020; AS 14.07.060
Eff. 9/3/76, Register 59; am 6/11/95, Register 134

4 AAC 05.035 Part-time enrollment in a public school {#sec-4-aac-05.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.035}

(a) A district shall permit its schools to enroll part-time students. A district shall adopt a policy that sets out how a school in the district shall comply with (b) of this section and how the school shall process a request for enrollment of a part-time student. The district shall make the policy available to an interested person.

(b) Subject to the policy that a district has set out under (a) of this section, a public school in the district shall enroll a part-time student, including a private, correspondence, or home school student, who is exempt from compulsory education at a public school under AS 14.30.010(b), if

(1) space is available in a course in which the student desires to enroll;

(2) the enrollment is at the request of the student or the student's parent; for purposes of this paragraph, "parent" has the meaning set out at 4 AAC 52.990;

(3) the student has met the prerequisites for the course that are required of a full-time student; and

(4) the enrollment does not result in an expenditure of public money for the direct benefit of a private educational institution.

(c) A district shall count a part-time student for purposes of public school funding under AS 14.17 according to 4 AAC 09.040.

(d) A district may permit dual enrollment of a part-time student at a public school and a private, correspondence, or home school, if the dual enrollment satisfies the requirements of compulsory education set out at AS 14.30.010.

(e) For the purposes of this section, "part-time student" means a pupil who attends a public school less than a day in session, as "day in session" is defined at AS 14.03.040.

History

Authority: AS 14.03.080; AS 14.07.060; AS 14.30.010 AS 14.07.020; AS 14.17.920
Eff. 6/2/95, Register 134; am 12/30/98, Register 148

4 AAC 05.040 Establishment of local schools {#sec-4-aac-05.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.040}

Repealed.

History

Eff. 9/3/76, Register 59; am 6/11/95, Register 134; repealed 9/8/2006, Register 179

4 AAC 05.050 Requests that no local secondary school or only a partial school program be established {#sec-4-aac-05.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.050}

Repealed.

History

Eff. 9/3/76, Register 59; am 6/11/95, Register 134; repealed 9/8/2006, Register 179

4 AAC 05.060 Extensions of time in which to establish local schools {#sec-4-aac-05.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.060}

Repealed.

History

Eff. 9/3/76, Register 59; repealed 6/11/95, Register 134

4 AAC 05.070 Program planning and evaluation {#sec-4-aac-05.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.070}

Repealed.

History

Eff. 9/3/76, Register 59; am 6/14/81, Register 78; am 6/11/95, Register 134; repealed 10/3/2011, Register 200

4 AAC 05.080 School curriculum and personnel {#sec-4-aac-05.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.080}

(a) The curriculum of a local school may be supplemented through the use of correspondence course materials approved by the commissioner. This use is not grounds for shortening the day in session, as prescribed by AS 14.03.040, for any student.

(b) The governing body of a district shall comply with the statutes and regulations of the state in providing the district's educational program to students in the district.

(d) The governing body of a district shall adopt, in the manner required by AS 14.14.100(a), a curriculum that describes what will be taught students in grades kindergarten through 12. The curriculum

(1) must contain a statement that the document is to be used as a guide for planning instructional strategies;

(2) must contain a statement of goals that the curriculum is designed to accomplish;

(3) must set out content that can reasonably be expected to accomplish the goals;

(4) must contain a description of a means of evaluating the effectiveness of the curriculum; and

(5) may contain a description of the extent to which the local goals accomplish the state goals set out in 4 AAC 04.

(e) [Annulled; see editor's note.] The governing body of a district shall provide for the systematic evaluation of the district's curriculum on an ongoing basis with each content area undergoing review at least once every six years.

(f) The governing body of a district shall provide for the annual assessment of academic progress made by students in attendance in the district using a test, administered at appropriate grade levels, that is appropriate for the grade tested, and that is designed to assess student skill level or achievement in at least reading and mathematics. The test required by this subsection must be approved by the commissioner before it is administered for the first time.

(g) The governing body of a district shall ensure that each school provides the educational program and the curriculum required by this section.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 9/3/76, Register 59; am 11/21/84, Register 92; am 6/11/95, Register 134; am 10/3/2011, Register 200

4 AAC 05.090 Discontinuation or closure of schools {#sec-4-aac-05.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.090}

(a) After a school has been started in a community, either by renovating an existing facility or constructing a new facility, that school may be temporarily or permanently discontinued or closed only

(1) through action of the governing body of the district or regional school board;

(2) after the district or regional school board provides at least 10 days written notice to each of the affected students' parents or guardian; and

(3) after submission of a plan under (d) of this section, that is approved by the department using the standards set out in this section, except in an emergency or case-by-case situation under (e) of this section.

(b) A plan for permanent discontinuation or closure of a school must be submitted to the department for approval and may not be executed until it is approved by the department. A plan will be considered approved if the department does not disapprove the plan within 90 days after submission.

(c) A plan for temporary discontinuation or closure of a school during the school year must be reviewed and approved at a public meeting of the governing body of the district or regional school board and submitted to the department for approval at least ten days before temporary discontinuation or closure of the school except as provided under (e) of this section.

(d) A plan for temporary or permanent discontinuation or closure of a school must include

(1) the provision of educational services to all eligible students, including students with a disability consistent with AS 14, this title, and other laws applicable for the operation of public schools in the state;

(2) the provision of pupil transportation services, if needed;

(3) a schedule for providing compensatory services under 4 AAC 52, if required;

(4) the reimbursement to the department of public money already paid by the department for the period of discontinuance or closure unless the school year is extended to make up for the period of discontinuance or closure; and

(5) the steps for reopening of the school if temporarily discontinued or closed including a school disciplinary and safety program under AS 14.33.120.

(e) A superintendent may order the emergency closure of a school under AS 14.03.030(2) if closure is necessary to protect the public health or safety of the students, staff, or community. To the extent practicable, the superintendent shall consult with the department and with state and federal agencies with jurisdiction over public health and safety. The superintendent shall notify the department in writing no more than 24 hours after ordering an emergency closure.

(f) If a school is temporarily discontinued or closed for disciplinary or safety reasons, the facility must remain closed for all purposes until the school is reopened.

(g) A superintendent who has ordered an emergency closure of a school shall submit a modified calendar for the school to the department as soon as practicable after the closure. Under the modified calendar, the district shall implement one or more of the following actions:

(1) if the original calendar provided for more than 180 days, reduce the number of days in session or days used for in-service training for the school, so the combined number of days in session and days used for in-service training under the modified calendar remains in compliance with AS 14.03.030;

(2) designate emergency closure days in place of days in session or days used for in-service training if the emergency closure days have been approved by the commissioner under AS 14.03.030(2) and (h) of this section;

(3) designate additional days that the school must be in session to replace school closure days that were not reduced under (1) of this subsection or approved as emergency closure days under (2) of this subsection.

(h) A district may, on a form prescribed by the department, apply to the commissioner for approval to substitute an emergency closure day for a day in session or a day used for in-service training. The commissioner may approve all, none, or some of the days the school was closed as emergency closure days, and require that the district replace the remaining days. In determining whether to approve, deny, or partially approve the request, the commissioner will consider

(1) the extent to which the district implemented a continuation of educational services plan during the closure;

(2) the depth and quality of the educational services the district provided to students during the closure;

(3) if the district had warning of the pending emergency, the extent to which the district used the warning to prepare for continuation of educational services specific to the pending emergency;

(4) the communication with families of students to facilitate delivery of educational services during the emergency;

(5) the nature and duration of the emergency;

(6) whether teachers and administrators were in on-duty status working to deliver educational services during the emergency;

(7) the academic needs of the students in the district; and

(8) the public interest.

History

Authority: AS 14.03.030; AS 14.07.020; AS 14.33.100 AS 14.03.040; AS 14.07.060; AS 14.33.120
Eff. 9/3/76, Register 59; am 5/18/2000, Register 154; am 10/6/2002, Register 164; am 9/1/2009, Register 191

4 AAC 05.100 Kindergarten day in session {#sec-4-aac-05.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.100}

(a) A school that offers kindergarten shall provide a kindergarten day in session that consists of at least two hours of instructional time. A kindergarten student who attends school for less than four hours per day, exclusive of intermissions, will be counted for funding purposes under 4 AAC 09.040.

(b) In this section, "instructional time" means time devoted to structured learning activities for the instruction of kindergarten students.

History

Authority: AS 14.03.040; AS 14.07.060; AS 14.07.165
Eff. 7/1/2023, Register 247

4 AAC 05.900 Definitions {#sec-4-aac-05.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 05.900}

In this chapter, unless the context requires otherwise,

(1) "commissioner" means the commissioner of education and early development;

(2) "community" means a home-rule city, a city of any class, an incorporated village, or an unincorporated village;

(3) "department" means the Department of Education and Early Development;

(4) "local school committee" or "committee" means an elected advisory school board established under AS 14.08.115 or, if there is no such board in the community, an elected borough school district advisory school board established under AS 14.12.035 or, if there is no elected borough school district advisory school board, the village or city council;

(5) "school" means a program of instruction which complies with all statutes, regulations and requirements applicable to the operation of public schools in the state;

(6) "curriculum" means a written plan which sets out the scope and arrangement of the educational program planned for a school district;

(7) "superintendent" means a superintendent or chief school administrator of the district or regional education attendance area.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 9/3/76, Register 59; am 6/14/81, Register 78; am 11/21/84, Register 92; am 6/11/95, Register 134; am 9/1/2009, Register 191

Chapter 06 Government of Schools

Article 1 General Administration

4 AAC 06.010 Classes of schools {#sec-4-aac-06.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.010}

Repealed 5/10/78.

4 AAC 06.020 Secondary education {#sec-4-aac-06.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.020}

Repealed 9/3/76.

4 AAC 06.025 Standards for secondary education program levels {#sec-4-aac-06.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.025}

Repealed 9/20/74.

4 AAC 06.027 Establishment of attendance areas {#sec-4-aac-06.027 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.027}

(a) The board may establish attendance areas without respect to district lines.

(b) Pupils may be required to attend schools in other districts, subject to the provisions of 4 AAC 05, when, in the judgment of the commissioner, the best interests of the state will be served. Either the district of residence or the district named as the attendance area may appeal the commissioner's decision to the state board. The decision of the state board will be final.

(c) An attendance area directive shall include grade levels and any specific agreements pertaining to educational programs offered by the involved schools.

(d) Repealed 12/13/87.

History

Authority: AS 14.07.020; AS 14.14.110 AS 14.07.060; AS 14.17.200
Eff. 7/9/72, Register 42; am 9/3/76, Register 59; am 1/15/87, Register 101; am 12/13/87, Register 104

4 AAC 06.030 School construction {#sec-4-aac-06.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.030}

Repealed 3/1/78.

4 AAC 06.040 Physical examination of school children {#sec-4-aac-06.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.040}

Repealed 9/2/82.

4 AAC 06.045 Training required {#sec-4-aac-06.045 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.045}

Repealed 12/17/92.

4 AAC 06.050 Physical examinations of school employees {#sec-4-aac-06.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.050}

Repealed.

History

Eff. 10/9/66, Register 24; am 10/10/69, Register 29; am 5/30/71, Register 38; am 7/9/72, Register 42; am 10/4/73, Register 47; am 5/10/78, Register 66; am 6/10/83, Register 86; am 8/30/86, Register 99; am 9/1/2006, Register 179; repealed 8/19/2017, Register 223

4 AAC 06.055 Immunizations required {#sec-4-aac-06.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.055}

(a) Before entry in a state public school district or nonpublic school offering pre-elementary education through the 12th grade, or any combination of these grades, a child shall be immunized against

(1) diphtheria, tetanus, polio, pertussis, measles, mumps, hepatitis A, hepatitis B, and rubella, except rubella is not required in children 12 years of age or older; and

(2) beginning July 1, 2009, varicella.

(b) This section does not apply if the child

(1) has a valid immunization certificate consisting of

(A) a statement by a physician listing the date that each required immunization was given; or

(B) a copy of a clinic or health center record listing the date that each required immunization was given;

(2) has a statement signed by a doctor of medicine (M.D.), doctor of osteopathy (D.O.), physician assistant, or advanced nurse practitioner licensed to practice in this state, stating that immunizations would, in that individual's professional opinion, be injurious to the health of the child or members of the child's family or household; or

(3) has an affidavit signed by his parent or guardian affirming that immunization conflicts with the tenets and practices of the church or religious denomination of which the applicant is a member.

(c) A student registering in a school in a community where regular medical services are not available on at least a weekly basis and who does not have the required immunizations, may be provisionally admitted to a pre-elementary, elementary, or secondary program for a reasonable period of time for the prevailing circumstances but not exceeding 90 days after enrollment. No children will be provisionally admitted except in exceptional circumstances. Where exceptions are granted, they shall be reported to and discussed with the epidemiology section of the division of public health, Department of Health, who will then be responsible for determining that the required immunizations are completed during the provisional period.

(d) If a parent or guardian is unable to pay the cost of immunization, or immunization is not available in the district or community, immunization shall be provided by state or federal public health services.

(e) Immunizations shall be recorded on each pupil's permanent health record form.

(f) School districts shall initiate action to exclude from school any child to whom this section applies but who has not been immunized as required by this section.

(g) A homeless child or youth, within the meaning of 42 U.S.C. 11434a(2) (McKinney - Vento Homeless Assistance Act), revised as of October 1, 2016 and adopted by reference, who does not have a record of the required immunizations, may be provisionally enrolled in a public school program for a period of time not exceeding 30 days if a parent or legal guardian has signed a witnessed statement that the child has received the required immunizations and the child's immunization records are not immediately available. A district shall report each provisional enrollment under this subsection to the epidemiology section of the division of public health, Department of Health. The division of public health, with the assistance of the district's homeless liaison, will be responsible for locating the required immunization records. If the immunization records are not located during the provisional period, or the records indicate that the child has not received the required immunizations, the child must be immunized as described in (a) and (b) of this section to continue being enrolled in the public school program. The division of public health, with the assistance of the district's homeless liaison, will be responsible for ensuring that the child receives the required immunizations.

History

Authority: AS 14.07.020; AS 14.30.125
Eff. 1/13/73, Register 44; am 8/28/77, Register 63; am 12/30/2000, Register 156; am 3/22/2008, Register 185; am 10/20/2018, Register 228

4 AAC 06.060 Suspension or denial of admission {#sec-4-aac-06.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.060}

(a) In a public school, the superintendent or principal may suspend a pupil under the provisions of AS 14.30.045, and the pupil may be reinstated by the superintendent or principal or by the school board. A child who is diagnosed as having acquired immune deficiency syndrome (AIDS) or the human immunodeficiency virus (HIV) does not have a condition which "will cause the attendance of the child to be inimical of the welfare of other pupils," within the meaning of AS 14.30.045(4), unless the child has uncoverable oozing lesions or other symptoms, or displays behavior, such as biting, which in the opinion of a team made up of the child's physician, public health personnel, the child's parent or guardian, and school personnel associated with the child's educational placement, substantially increases the risk of transmission of HIV to other pupils.

(b) Expulsion or denial of admission of a pupil shall be only upon the action of the governing school board in a district school.

History

Authority: AS 14.07.060; AS 14.30.045

4 AAC 06.065 Challenging courses {#sec-4-aac-06.065 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.065}

(a) A district shall provide students in grades nine through 12 with the opportunity to challenge courses offered in mathematics, language arts, science, social studies, and world languages by demonstrating mastery of the course material. A district shall provide this opportunity at least twice annually. A district shall develop standards regarding the degree of mastery necessary to successfully challenge a course. The method of assessment used by a district must include a written assessment. A district shall develop a written policy regarding the grading or evaluation of successfully challenged courses. A district may charge a fee to cover the costs of development and administration of the assessment.

(b) Students who successfully challenge a course by demonstrating mastery receive full credit for the course.

(c) In this section, "world languages" means non-English languages including Alaska Native, American Indian, and American Sign Language.

History

Authority: AS 14.03.073; AS 14.07.020; AS 14.07.060
Eff. 12/26/2014, Register 212; am 9/18/2016, Register 219; am 10/26/2022, Register 244

4 AAC 06.070 Elementary course of study {#sec-4-aac-06.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.070}

Repealed.

4 AAC 06.075 High school graduation requirements {#sec-4-aac-06.075 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.075}

(a) Each chief school administrator shall develop and submit to the district board for approval a plan consisting of district high school graduation requirements. The plan must require that, before graduation, a student must have earned at least 21 units of credit.

(b) Specific subject area units-of-credit requirements must be set out in each district plan and must require that, before graduation, a student must have completed at least the following:

(1) language arts - four units of credit;

(2) social studies - three units of credit;

(3) mathematics - two units of credit for students graduating from high school on or before June 30 2017, and three units of credit for students graduating from high school on or after July 1, 2017;

(4) science - two units of credit; and

(5) health/physical education - one unit of credit.

(c) Transfer students who have earned 13 units of credit while in attendance outside the district may, at the discretion of the district, be excused from the district subject area units-of credit requirements.

(d) Beginning January 1, 2009, the three units of credit in social studies required under (b)(2) of this section must include one-half unit of credit in Alaska history or demonstration that the student meets the Alaska history performance standards. The provisions of this subsection do not apply to a student who

(1) transfers into an Alaska public school after the student's second year of high school; or

(2) has already successfully completed a high school state history course from another state.

(e) If a district awards units of credit for world language courses, it shall also award units of credit for postsecondary world language courses or world language courses offered by tribes or tribal entities.

(f) In this section, "unit of credit" means the credit that a student is awarded for achieving a passing grade in a course of study by meeting the content standards for a course of study as prescribed by a local school board.

(g) In this section, "world languages" means non-English languages including Alaska Native, American Indian, and American Sign Language.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 3/1/78, Register 65; am 6/16/84, Register 90; am 3/24/85, Register 93; am 2/11/89, Register 109; am 4/4/96, Register 138; am 8/21/2005, Register 175; am 10/16/2012, Register 204; am 3/6/2015, Register 213; am 10/26/2022, Register 244

4 AAC 06.076 Determination of school age {#sec-4-aac-06.076 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.076}

Repealed.

History

Eff. 1/28/2000, Register 153; repealed 12/25/2015, Register 216

4 AAC 06.077 High school credit for Alaska Army National Guard military training {#sec-4-aac-06.077 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.077}

(a) A course of study under 4 AAC 06.075(f) includes Alaska Army National Guard training that meets the requirements of this section.

(b) A school district shall award high school credit to an eligible student who has successfully completed Alaska Army National Guard Basic Combat Training, Advanced Individual Training, or both, prior to graduation.

(c) A school district shall allow a student to attend Alaska Army National Guard training during the school term of the student's fourth year of high school if

(1) the student has written permission from the student's parent or legal guardian; and

(2) the student has met all other requirements for graduation and needs only the credits the student will earn from the training to graduate.

(d) A school district shall require that a student seeking to obtain units of credit for the Alaska Army National Guard training program provide the chief school administrator of the high school written documentation from the Alaska Army National Guard

(1) that the student has been accepted for enlistment in the Alaska Army National Guard; and

(2) that the student has successfully completed the training under (b) of this section, which may include Alaska Army National Guard course transcripts, training verification forms, or any other documentation reflecting successful completion of training.

(e) A school district shall award health/physical education credit, as required under 4 AAC 06.075(b), or elective credits, which may include career technical education courses or other high school courses of study, based on satisfactory completion of Basic Combat Training, Advanced Individual Training, or both.

(f) A school district shall use the same hourly calculation used to award credit for other courses of study or alternative learning experiences when calculating units of credit for Alaska Army National Guard training, but may adjust the number of credits granted or award no credits if the student fails to successfully complete any portion or all of the military training that is eligible for high school credit.

(g) A school district is not responsible for informing students of service obligations associated with enlistment in the Alaska Army National Guard.

(h) In this section, "eligible student" means a student who

(1) has completed the student's third year of high school;

(2) is at least 17 years of age;

(3) has the consent of the student's parent or legal guardian to participate in Alaska Army National Guard training, if the student is 17 years of age; and

(4) meets all Alaska Army National Guard military eligibility requirements for enlistment, as determined by the Alaska Army National Guard, which may include physical, academic, moral and maturity standards.

History

Authority: AS 14.03.030; AS 14.07.060 AS 14.07.020; AS 14.30.350
Eff. 12/19/2020, Register 236; am 10/26/2022, Register 244

4 AAC 06.078 Alternative completion requirements; students with disabilities {#sec-4-aac-06.078 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.078}

(a) If the disability of a student precludes the taking of regular curricular offerings, a substitute course in the same subject area may be designed and provided as determined by the team that develops the individualized education program (IEP) set out in 4 AAC 52.140. A substitute course may be noted on the student transcript by a number code known only to the IEP team and institution offering the course. A student taking a substitute course must take the state standards-based test described in 4 AAC 06.737.

(b) If the disability of a student is so severe that substitute course offerings cannot be designed and provided, the student may be awarded a certificate of completion or attendance, based upon completion of the IEP goals or attendance for at least four years of high school.

(1) "disability" means a condition described in the definition of "children with disabilities" at 4 AAC 52.990;

(2) "substitute course" means a course that is aligned to the grade level content standards in 4 AAC 04.140(a) and meets the state and district graduation requirements as specified in 4 AAC 06.075.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 12/13/87, Register 104; am 3/30/95, Register 133; am 5/15/2015, Register 214

4 AAC 06.079 Seal of Biliteracy {#sec-4-aac-06.079 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.079}

(a) The Seal of Biliteracy is established to recognize high school students who have attained proficiency in the areas of speaking, listening, writing, and reading in one or more world languages in addition to proficiency in English language arts. A district may elect to offer a Seal of Biliteracy to the district's students.

(b) High school students must meet the following criteria to be awarded the Seal of Biliteracy:

(1) demonstrate proficiency in English language arts by meeting the statewide minimum graduation requirements in language arts under 4 AAC 06.075, and one of the following:

(A) achieve a grade point average of 2.5 or higher on a scale of 4.0 in English language arts classes;

(B) achieve proficient or higher on the standards-based assessment in English language arts under 4 AAC 06.739;

(C) achieve an overall composite score of 4.5 or higher on the state-approved assessment of English language proficiency under 4 AAC 34.055(c) with a score of 3.5 or higher in each of the testing domains;

(D) achieve a score of 16 or higher on the English language arts (ELA) portion of the ACT, administered by ACT, Inc.

(E) achieve a score of 460 or higher on the Evidence-Based Reading and Writing (ERW) portion of the SAT, administered by the College Board, Educational Testing Service; or

(F) achieve a score of 4 or higher on the reading for information and locating information areas of the WorkKeys assessment, administered by Act, Inc.; and

(2) demonstrate proficiency in one or more world languages through one of the following methods:

(A) achieve a score of three or higher on a world language Advanced Placement examination, administered by the College Board, Educational Testing Service; or

(B) achieve a score of five or higher on a world language International Baccalaureate standard level examination;

(D) demonstrate proficiency in the areas of listening, speaking, writing, and reading through other national or international assessments at a level comparable to intermediate-mid level proficiency or higher based on the alternative foreign language proficiency assessment standards adopted by reference in 4 AAC 04.225;

(E) demonstrate proficiency in the areas of listening, speaking, writing, and reading through a work sample, body of evidence, or portfolio at a level comparable to intermediate-mid level proficiency or higher based on the alternative foreign language proficiency assessment standards adopted by reference in 4 AAC 04.225 if a national or international assessment is not available; or

(F) demonstrate proficiency in the areas of listening, speaking, writing, and reading through an assessment process recognized by a tribal government at a level comparable to intermediate-mid level proficiency or higher based on the alternative foreign language proficiency assessment standards adopted by reference in 4 AAC 04.225.

(c) A student who seeks to qualify for the Seal of Biliteracy through a language that is not characterized by listening, speaking, or reading, or for which there is no written system, shall demonstrate proficiency through assessment on the modalities that characterize communication in that language at a level comparable to intermediate-mid level proficiency or higher based on the alternative foreign language proficiency assessment standards adopted by reference in 4 AAC 04.225.

(d) A participating district shall

(1) develop a written policy regarding the awarding of the Seal of Biliteracy;

(2) provide assessment opportunities at least once annually; and

(3) allow a student to begin the qualifying process during the student's sophomore year.

(e) A participating district may charge a fee to cover the costs of the assessments.

(f) A participating district shall award the Seal of Biliteracy to a student who meets the requirements of this section and shall provide notice of the award on the student's high school transcript and diploma.

(g) A participating district shall report to the department the number of students awarded the Seal of Biliteracy not later than June 30 of each year. The report must identify the world languages in which the students have gained proficiency.

(h) In this section, "world language" means a non-English language; "world language" includes Alaska Native languages, American Indian languages, and American Sign Language.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 8/27/2022, Register 243; am 8/21/2024, Register 251

4 AAC 06.080 Administrative manual for secondary schools {#sec-4-aac-06.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.080}

Repealed 3/1/78.

4 AAC 06.090 A manual for Alaska school boards {#sec-4-aac-06.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.090}

Repealed 9/23/78.

4 AAC 06.100 Manual for advisory school boards {#sec-4-aac-06.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.100}

Repealed 12/30/77.

4 AAC 06.110 Recognition of State High School Activities Association {#sec-4-aac-06.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.110}

Repealed 10/28/76.

4 AAC 06.111 Alaska School Activities Association {#sec-4-aac-06.111 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.111}

Repealed.

History

Eff. 10/28/76, Register 60; am 3/24/77, Register 61; am 3/1/78, Register 65; am 9/23/78, Register 67; am 11/23/80, Register 76; am 11/26/80, Register 76; am 7/31/81, Register 79; am 6/9/83, Register 86; am 8/30/84, Register 91; am 3/24/85, Register 93; am 8/30/86, Register 99; am 2/20/87, Register 101; repealed 6/26/94, Register 130

4 AAC 06.115 Interscholastic activities {#sec-4-aac-06.115 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.115}

(a) The purpose of this section is to provide a procedure that enables school districts to promote and govern interscholastic activities effectively, economically, and fairly, while keeping those activities in their proper perspective educationally.

(b) A school or school district may join and, to the extent authorized by its budget, may pay dues to the Alaska School Activities Association, Inc., or any other voluntary, nonprofit association whose purpose is to administer and promote interscholastic activities in Alaska so long as the association

(1) makes applications and membership available to all public and private schools, and school districts in the state;

(2) is governed by a board that is elected from the association membership and that fairly represents all regions of the state, that participate in the organization and whose membership may also include appointed representatives of other education organizations;

(3) adopts a constitution and bylaws setting out its philosophy, purpose, rules, and procedures, including a fair procedure for challenging interpretation or application of a rule;

(4) operates in compliance with state and federal law; and

(5) administers interscholastic activities in a manner that

(A) encourages high standards of citizenship and complements the academic programs of schools;

(B) is consistent with and advances the state's education policy set out at AS 14.03.015; and

(C) recognizes that the organization and governance of interscholastic activities is a public purpose that is best met through the cooperation and association of interested schools and school districts.

(D) ensures fairness, safety, and equal opportunity for female students in high school athletics by providing, in consideration of responses to a school survey under 4 AAC 06.520, that if a separate high school athletics team is established for female students, participation shall be limited to females who were assigned female at birth; in this subparagraph, "athletics" means competitive or contact sports, as determined by the association.

(c) The state board considers a decision of an association described in (b) of this section, made when applying association bylaws to a particular person or school, to be an adjudicatory, administrative decision. Under existing case law, when a board performs an administrative function and makes an adjudicatory decision that affects an individual, the final decision is appealable to the superior court under Part VI of the Rules of Appellate Procedure.

(d) In this section, "district" has the meaning given in AS 14.17.990.

History

Authority: AS 14.03.015; AS 14.07.060; AS 14.18.050 AS 14.07.020; AS 14.18.040
Eff. 6/26/94, Register 130; am 8/2/97, Register 143; am 5/4/2000, Register 154; am 11/11/2023, Register 248

4 AAC 06.120 Accounting and audit manuals, charts of accounts, code descriptions {#sec-4-aac-06.120 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.120}

(a) The following listed manuals and supplementary materials are adopted as basic guides for public school accounting systems and the annual audit of school districts:

(1) the Codification of Governmental Accounting and Financial Reporting Standards (GAFRS) issued by the Governmental Accounting Standards Board, Second Edition as of June 15, 1987; the American Institute of Certified Public Accountants publication "Audits of State and Local Governmental Units", 1986 revised edition, is adopted and incorporated into these standards as supplementary guidance to GAFRS;

(2) for fiscal years beginning on or after July 1, 2013, and ending before July 1, 2014, the Alaska Department of Education and Early Development Uniform Chart of Accounts and Account Code Descriptions for Public School Districts, 2012 Edition; for fiscal years beginning on or after July 1, 2014, and ending before July 1, 2018, the Alaska Department of Education and Early Development Uniform Chart of Accounts and Account Code Descriptions for Public School Districts, 2014 Edition; for fiscal years beginning on or after July 1, 2018, the Alaska Department of Education and Early Development Uniform Chart of Accounts and Account Code Descriptions for Public School Districts, 2018 Edition;

(3) Government Auditing Standards issued by the Comptroller General of the United States, July 1988 Revision, commonly referred to as "generally accepted governmental auditing standards";

(4) the department's Student Data Reporting Manual, November 2004 edition; and

(5) the Alaska Department of Education Property Accounting Manual for Public School Districts, 1980 edition;

(6) repealed 8/15/90.

(b) Each district shall implement accounting and auditing procedures consistent with the basic guides beginning with fiscal year 1991.

History

Authority: AS 14.07.020; AS 14.07.170 AS 14.07.060; AS 14.14.050
Eff. 1/1/76, Register 56; am 1/22/81, Register 77; am 8/2/81, Register 79; am 2/10/83, Register 85; am 3/24/85, Register 93; am 8/29/85, Register 95; am 4/12/86, Register 97; am 6/28/87, Register 102; am 12/23/88, Register 108; am 8/5/90, Register 115; am 12/20/97, Register 144; am 5/17/2001, Register 158; am 3/23/2006, Register 177; am 12/2/2012, Register 204; am 7/25/2014, Register 211; am 8/6/2018, Register 227

4 AAC 06.121 Annual financial reporting requirements {#sec-4-aac-06.121 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.121}

Effective August 5, 1990, a school district's annual audit report under AS 14.14.050 must meet the following requirements:

(1) the financial reports must be in conformity with generally accepted accounting principles defined in the Codification of Governmental Accounting and Financial Reporting Standards adopted in 4 AAC 06.120(a)(1);

(2) all governmental money shall be reported on the modified accrual basis of accounting;

(3) the effective dates of state and federal laws stipulating financial reporting requirements for school districts govern the content of an audit acceptable under AS 14.14.050;

(4) financial audits shall report data for all required codes contained in the Uniform Chart of Accounts for Public School Districts, adopted by reference in 4 AAC 06.120(a)(2); revenue and expenditure codes for which there were no transactions during the audit period need not be reported;

(5) the following additional special reports must be submitted, on a form prescribed by the department, with the annual audit report:

(A) Auditor's Report on Fund Balance Compliance based upon the requirements of AS 14.17.505;

(B) Auditor's Report on Compliance based upon the employee bonding requirement of AS 14.14.020;

(D) Certified Auditor's Report of Reimbursable Expenditures for School Construction based upon the requirements of AS 14.11.100 and 4 AAC 31.060;

(E) Certified Tuition Rate Report based upon the requirements of 4 AAC 09.030.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.14.050
Eff. 8/5/90, Register 115; am 12/30/98, Register 148; am 5/4/2000, Register 154

4 AAC 06.130 Framework for health education {#sec-4-aac-06.130 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.130}

Repealed 9/22/84.

4 AAC 06.135 Use of school funds in elections {#sec-4-aac-06.135 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.135}

(a) A school district may not appropriate or spend school district money for the purpose of influencing the result of a public vote on an election, referendum, initiative, recall, or other election involving candidates for or holders of public office.

(b) The restriction in (a) of this section is not intended to interfere with the exercise of the right to free speech by school district board members or school personnel.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 8/28/91, Register 119

4 AAC 06.140 AIDS in school personnel {#sec-4-aac-06.140 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.140}

No employee of a public school district may be transferred, suspended, or terminated from employment because the employee has acquired immune deficiency syndrome (AIDS) or the human immunodeficiency virus (HIV), unless the employee's condition prevents the employee from competently performing the employee's duties or the employee has uncoverable oozing lesions or other symptoms which, in the opinion of competent medical personnel, substantially increase the risk of transmission of HIV to students or others with whom the employee has regular contact.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 12/13/87, Register 104; am 3/30/95, Register 133

4 AAC 06.150 Confidentiality of AIDS information {#sec-4-aac-06.150 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.150}

A school district or a school district employee with information that a student or employee of the district has acquired immune deficiency syndrome (AIDS) or the human immunodeficiency virus (HIV) shall keep that information confidential except from public health officials and district personnel who need the information in order to make an informed decision under 4 AAC 06.060(a), 4 AAC 06.140, or AS 14.30.180 - AS 14.30.350.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 5/8/88, Register 106; am 3/30/95, Register 133

4 AAC 06.160 Reporting of dropouts {#sec-4-aac-06.160 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.160}

Repealed.

History

Eff. 4/18/91, Register 118; am 6/16/93, Register 126; repealed 5/4/2000, Register 154

4 AAC 06.170 School report {#sec-4-aac-06.170 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.170}

Repealed.

History

Eff. 5/4/2000, Register 154; repealed 11/23/2003, Register 168

4 AAC 06.172 Reporting of school disciplinary and safety programs {#sec-4-aac-06.172 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.172}

(a) A governing body of a school board shall report to the department information relating to the school district disciplinary and safety program required by AS 14.33.120. The report shall be submitted annually with the school report required by AS 14.03.120(a).

(b) To meet the requirements of AS 14.33.120(a)(1) for collaboration at each school in development and review of the standards, the report must provide a description of the procedures used to develop the community-based standards of school behavior and safety contained in the school safety and discipline program, including

(1) the persons who were involved in developing the standards;

(2) the parameters for evaluation to assess the effectiveness of the standards; and

(3) the period of review and evaluation of the standards.

(c) The report must also include a description of the annual number of incidents by school of disruptive or violent student behavior, including the number of students suspended or expelled for

(1) under AS 14.03.160, possession of deadly weapons; and

(2) discipline violations not specified in (1) of this subsection.

History

Authority: AS 14.03.120; AS 14.07.020; AS 14.33.120 AS 14.03.160; AS 14.07.060
Eff. 10/31/2002, Register 164

4 AAC 06.175 Reporting restraint and seclusion incidents {#sec-4-aac-06.175 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.175}

Annually, not later than June 30, a governing body shall provide a report to the department that includes all data required under AS 14.33.125(f). The governing body shall file the required report electronically in a format prescribed by the department, unless the governing body determines that the district does not have the capability of filing the report electronically in that format.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.33.125
Eff. 3/26/2015, Register 213

4 AAC 06.177 Crisis intervention training programs {#sec-4-aac-06.177 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.177}

(a) The department will maintain a list of approved crisis intervention training programs. An approved program must

(1) include training in all areas required under AS 14.33.127(a);

(2) have a clear record of success in the prevention and safe use of physical restraint and seclusion;

(3) have undergone a peer-review process or have otherwise been the subject of scholarly research; and

(4) adequately address AS 14.33.127(a)(1) - (3).

(b) In determining whether a crisis intervention training program meets the requirement under (a)(4) of this section, the department will consider whether the program

(1) cautions against the use of mechanical or chemical restraint except as authorized by licensed and qualified medical personnel;

(2) limits the use of restraint and seclusion to situations where the student's behavior poses imminent danger of serious physical harm to self or others;

(3) requires discontinuation of restraint and seclusion as soon as the risk of serious harm dissipates;

(4) includes policies restricting the use of restraint and seclusion for all students, regardless of whether a student has a disability;

(5) emphasizes students' rights to be treated with dignity and be free from abuse;

(6) forbids the use of restraint or seclusion as a punishment or disciplinary technique;

(7) forbids the use of restraint or seclusion that restricts a student's breathing or otherwise harms the student;

(8) requires that the repeated use of restraint and seclusion by one individual or in a particular classroom will trigger an automatic review;

(9) requires the use of behavioral strategies that address the underlying cause or purpose of dangerous behavior;

(10) requires that instances of restraint and seclusion be visually monitored to ensure the appropriateness of the intervention and the safety of the student and school staff;

(11) requires notification of a student's parent or legal guardian regarding the governing body's restraint and seclusion policy and applicable federal, state, and local laws, and also requires that a student's parent or legal guardian be notified as soon as possible following each instance in which restraint or seclusion was used with the student; and

(12) provides for the regular review of the governing body's restraint and seclusion policies and requires written documentation.

(c) Annually, the department will review the list of crisis intervention training programs approved under (a) of this section. The department will review whether currently approved programs continue to meet the requirements under (a) of this section and the availability of other training programs that warrant approval by the department.

History

Authority: AS 14.07.020; AS 14.33.125 AS 14.07.060; AS 14.33.127
Eff. 3/26/2015, Register 213

Article 2 Safe Schools

4 AAC 06.200 Safe schools {#sec-4-aac-06.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.200}

(a) On or before July 15 of each year, the department will determine the safety status of the schools in the state. The department will designate a school as safe, at-risk, or persistently dangerous.

(b) For each school in the state, the department will apply the following formula, to obtain a percentage figure representing that school's safety status:

Safety status

percentage=Total days students were suspended for infractions

involving a weapon or infractions involving violence

against a person

_________ xSchool

size

factor(Total student population of the school x 170)

(1) for a school size of 10 - 100 students, the school size factor is 0.7;

(2) for a school size of 101 - 425 students, the school size factor is 0.8;

(3) for a school size of 426 - 1,000 students, the school size factor is 0.9;

(4) for a school size of 1,001 students or more, the school size factor is 1.0.

(d) In applying the formula in (b) of this section, and in determining the school size factor in (c) of this section, the

(1) number of students at a school is the number of 1.0 full-time equivalent students determined in the student count under AS 14.17.600 and 4 AAC 09; and

(2) department will consider the expulsion of a student as if the action were a suspension.

(e) The department will make a designation as follows for a school that has never met the criteria for being designated a persistently dangerous school under (f) of this section, or that has been designated a safe school for five consecutive years:

(1) if during the past two years the school has had a safety status of less than three percent in each year, the school will be designated a safe school;

(2) if during the past two years the school has had one year with a safety status of three percent or greater, the school will be designated an at-risk school.

(f) The department will make a designation as follows for a school whose designation is not made under (e) of this section:

(1) if during the past three years the school has had a safety status of less than three percent in each year, the school will be designated a safe school;

(2) if during the past three years the school has had no more than one year with a safety status of three percent or greater, the school will be designated an at-risk school;

(3) if during the past three years the school has had two or more years with a safety status of three percent or greater, the school will be designated a persistently dangerous school.

(g) Notwithstanding the designation of a school under (f) of this section, the department will continue to designate a school as persistently dangerous if the

(1) school has not substantially complied with the plan submitted under 4 AAC 06.210; or

(2) department has substantial evidence that the school is not a safe environment.

(h) The department will calculate a school's safety status beginning from school year 2000-2001.

(i) The department may recalculate a school's safety status using estimated data if, after reviewing the data reported by a district, and the district's policies regarding discipline for infractions involving violence, the department determines that a district or a school within a district has

(1) failed to fully report or incorrectly reported its data on suspensions for infractions involving violence against a person;

(2) a disciplinary policy for infractions involving violence against a person that is in violation of state law or that is significantly more lenient than the policies of the majority of districts in the state; or

(3) failed to adhere to its policy for discipline of infractions involving violence against a person.

(j) The department will include in the formula in (b) of this section the duration of a suspension or expulsion for the school year in which the infraction occurred, regardless of whether the full time for the suspension or expulsion is served in that school year.

(k) Within 30 days after the department designates a school as at-risk or persistently dangerous, the district in which the school is located may request that the commissioner review the designation of the school. The commissioner or the commissioner's designee will review the designation and allow a district to present written evidence regarding the designation. A decision by the commissioner or the commissioner's designee on the safety status of a school is a final decision.

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168

4 AAC 06.210 District response {#sec-4-aac-06.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.210}

(a) A district that contains a school that has been designated at-risk shall, within 30 days after the designation, prepare a report that includes

(1) an explanation of the nature and cause of the infractions involving violence against a person at the school; and

(2) a plan under which the district, school principal, and interested community members will take steps to make the school a safe environment.

(b) A district that contains a school that has been designated persistently dangerous shall

(1) within 10 days after the department designates the school, provide all parents of students who attend the school notice that the

(A) school has been designated as persistently dangerous; and

(B) parent may, within 30 days after the notice is sent, request that the district transfer the student to the parent's choice of one of two or more safe schools within the district;

(2) prepare and provide to the department, within 30 days after the designation, an intervention plan that

(A) includes a plan for

(i) support and assistance of law enforcement and mental health professionals;

(ii) teacher in-services; and

(iii) other services and resources required to make the school safe; and

(B) explains why the plan prepared under (a)(2) of this section was inadequate; and

(3) within 30 days after receiving a timely request from a parent, provide for a transfer of a student as requested.

(c) A district that has only one public school of the appropriate grade level is not required to create a second public school in order to comply with (b) of this section.

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168

4 AAC 06.220 Department response {#sec-4-aac-06.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.220}

(a) The department may appoint a task force to support and advise a district when a school in the district has been designated an at-risk school if, after review of the district's plan submitted under 4 AAC 06.210(a)(2), the department determines that a task force will assist the district.

(b) After a school within a district has been designated a persistently dangerous school, the department will

(1) appoint a task force to support and advise the district;

(2) review the plan submitted under 4 AAC 06.210(b)(2) by the district, and approve or disapprove that plan;

(3) work with the district to identify funding or grant opportunities to improve the safety status of the school; and

(4) take any other action necessary to comply with federal law consistent with AS 14.

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168

4 AAC 06.230 Victim of a violent criminal offense {#sec-4-aac-06.230 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.230}

(a) Within 10 days after an incident in which a student is a victim of a violent criminal offense on the grounds of the school attended by the student, a district shall notify the parents of the student that the parents may, within 30 days after the notice is sent, elect to have the student transferred to the parent's choice of one of two or more safe schools within the district. If a parent timely requests a transfer under this section, the district shall provide the transfer within 30 days after receiving the request.

(b) Within 10 days after receiving notice that an incident of violence on school grounds may have occurred, a district shall determine whether substantial evidence indicates that a student was a victim of a violent criminal offense. A district shall consider a student eligible for a transfer under this section if substantial evidence indicates that the student was a victim of a violent criminal offense on the grounds of the school attended by the student. If a district refuses to offer to transfer a student whom the student's parent believes was the victim of a violent criminal offense, the parent may appeal to the commissioner within 30 days after receipt of the refusal. The commissioner or the commissioner's designee may use the existing record or may hear additional evidence to determine whether the student is eligible for a transfer under (a) of this section. Nothing in this section gives a determination by the district or the commissioner under this section preclusive effect in any other legal proceeding. A decision by the commissioner or the commissioner's designee is a final decision for purposes of judicial review.

(c) A district is not required to provide the notice or transfer option required under (a) of this section to a student who attends a youth detention center, but shall notify the parents of the incident.

(d) A district that has only one public school of the appropriate grade level is not required to create an additional public school in order to comply with (a) of this section.

(e) In this section, "violent criminal offense" means an incident, regardless of whether it was the subject of a criminal charge, that would establish the elements of an offense under

(1) AS 11.41 (Offenses Against the Person);

(2) AS 11.61.160 (Recruiting a Gang Member in the First Degree); or

(3) AS 11.61.195 (Misconduct Involving Weapons in the First Degree).

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168

4 AAC 06.240 Parent's options {#sec-4-aac-06.240 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.240}

A parent who requests a transfer under 4 AAC 06.210 or 4 AAC 06.230 may also request that the student remain in the receiving school until the student completes the highest grade level offered by that school. The district shall grant the request.

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168

4 AAC 06.250 Reporting {#sec-4-aac-06.250 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.250}

(a) A district shall provide to the department a report on or before June 30 of each year that describes for each school in the district during the school year the number of

(1) infractions involving violence against a person at the school;

(2) infractions involving a weapon at the school;

(3) days students were suspended for infractions involving violence against a person or infractions involving a weapon at each school;

(4) expulsions for infractions involving violence against a person or infractions involving a weapon at a school;

(5) transfers requested and provided under 4 AAC 06.210 or 4 AAC 06.240;

(6) victims of violent criminal offenses as determined under 4 AAC 06.230; and

(7) truancies at schools in the district, as determined by the district under its procedures established under AS 14.30.030.

(b) A district shall file the report required in (a) of this section electronically in a format required by the department, unless the department determines in writing that the district does not have the capability of filing the report electronically in that format.

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168

4 AAC 06.260 Additional requirements {#sec-4-aac-06.260 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.260}

(a) Repealed 10/20/2018.

(b) A district that is required to offer to transfer a student to a safe school shall make that offer even if the only available safe schools within the district exceed the schools' capacity limits. However, nothing in this subsection authorizes a district or school to fail to comply with the requirements of AS 18.70 and 13 AAC 50.

(c) A district that is required under 4 AAC 06.210 or 4 AAC 06.230 to offer a student a transfer to a safe school, but that does not contain a safe school of an appropriate grade level, shall offer to

(1) transfer the student to the parent's choice of any school; and

(2) work with the parent to identify other suitable educational opportunities for the student, including

(A) transfer to another district; and

(B) attending a statewide correspondence school.

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168; am 10/16/2013, Register 208; am 10/20/2018, Register 228

4 AAC 06.290 Definitions {#sec-4-aac-06.290 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.290}

In 4 AAC 06.200 - 4 AAC 06.290, unless the context requires otherwise,

(1) "district" means a city or borough school district, a regional educational attendance area, and a state boarding school;

(2) "infractions involving violence against a person" means a violation of school rules in which a person was injured, was threatened with injury, or reasonably perceived a threat of injury;

(3) "infractions involving a weapon" means a violation of school rules in which a student possessed, used, attempted to use, or threatened to use a weapon, regardless of whether the possession, use, or sale of the weapon was the main infraction committed;

(4) "weapon" means a dangerous instrument as defined in AS 11.81.900, and any object or instrument that, in the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing injury.

History

Authority: AS 14.07.020; AS 14.33.120 AS 14.07.060; AS 14.50.080
Eff. 11/23/2003, Register 168

Article 3 Department Reading Program

4 AAC 06.300 Applicability {#sec-4-aac-06.300 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.300}

(a) The department reading program provides direct support for and intervention in intensive reading intervention services to participating schools as provided in AS 14.30.765 and 14.30.770.

(b) The department will provide to eligible schools

(1) support from a reading specialist employed by the department; and

(2) funding to implement the reading improvement goals identified in the K - 3 intensive school reading improvement plan, including intervention materials.

History

Authority: AS 14.07.020; AS 14.30.765 AS 14.07.060; AS 14.30.770
Eff. 7/1/2023, Register 247

4 AAC 06.305 Eligibility {#sec-4-aac-06.305 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.305}

A school serving students in kindergarten through third grade is eligible to apply for the department reading program if the school has been assigned a performance designation that is in the lowest performing 25 percent of schools, as determined by the department based on the state accountability system in AS 14.03.123. The department will determine how many schools will be selected each year based on available resources and school district needs.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.30.770
Eff. 7/1/2023, Register 247

4 AAC 06.310 Application and selection {#sec-4-aac-06.310 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.310}

(a) The department will notify a school that it is eligible to apply for the reading program in fall of each year.

(b) An eligible school may apply to the department as provided in AS 14.30.770 by submitting a complete application on or before February 15 of each year on a form provided by the department.

(1) the school and school district name;

(2) the signature of the school principal, school district superintendent, and school board chair;

(3) a completed K - 3 MTSS reading plan;

(4) school summative assessment scores for the past two years;

(5) school statewide screening tool or other approved screening tool results for students in kindergarten through grade three over the past year; for applications submitted in 2024 an eligible school shall submit screening tool results available as of February 15; and

(6) a statement describing the school's commitment to reading improvement through participation in the department reading program and implementation of reading improvement goals.

(d) The department will notify schools of acceptance in the department reading program not later than April 1 of each year for support in the following year.

(e) In selecting schools the department will prioritize complete applications providing evidence of a school's ability to implement direct support for and intervention in intensive reading intervention services.

History

Authority: AS 14.07.020 AS 14.07.060 AS 14.30.770
Eff. 7/1/2023, Register 247

4 AAC 06.315 Program requirements {#sec-4-aac-06.315 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.315}

A school selected to participate in the department reading program established in AS 14.30.770 shall

(1) submit a K - 3 intensive school reading improvement plan as provided under 4 AAC 06.325;

(2) work with state reading specialists to structure the school day to accommodate effective core instruction and intensive reading interventions to best suit the needs of the school;

(3) present an update on the reading program and intervention services as provided in AS 14.30.770; and

(4) comply with all requirements in this chapter and AS 14.30.770.

History

Authority: AS 14.07.020 AS 14.07.060 AS 14.30.770
Eff. 7/1/2023, Register 247

4 AAC 06.320 Reading specialists {#sec-4-aac-06.320 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.320}

(a) The department will employ reading specialists and assign them to eligible schools. An individual employed by the department as a reading specialist shall

(1) hold a teacher certificate issued under 4 AAC 12.305 or 4 AAC 12.306;

(2) meet the requirements of AS 14.30.770(d)(2) - (3); and

(3) complete, not later than one year after the person's date of hire, a total of three semester hours of indigenous language learning and culturally responsive education, in any combination.

(b) A reading specialist may deliver support in a distance-delivery model, except that a reading specialist shall conduct a minimum of two in-person site visits each year. A reading specialist may provide more than two in-person site visits each year as determined by the reading specialist and the department.

(1) in partnership with school staff, create specific improvement goals with measures of interim progress for each school;

(2) purchase intervention materials to support the improvement goals;

(3) review staff development plans in reading for effectiveness and provide feedback; and

(4) help design the school's daily schedule for reading, modeled after a response to intervention or multi-tiered system of support.

(d) A reading specialist shall provide progress reports to the department on a quarterly basis, including progress on specific improvement goals under (c)(1) of this section.

(e) Beginning July 1, 2023 and ending June 30, 2024, a reading specialist shall satisfy the requirements of (a)(3) of this section by completing three semester hours of multicultural education or cross-cultural communications as provided under AS 14.20.020(h).

History

Authority: AS 14.07.020 AS 14.07.060 AS 14.30.770
Eff. 7/1/2023, Register 247

4 AAC 06.325 K - 3 intensive school reading improvement plan {#sec-4-aac-06.325 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.325}

(a) Not later than May 1 of each year, a school participating in the department reading program shall submit to the department a K - 3 intensive school reading improvement plan.

(b) The department will make a K - 3 intensive school reading improvement plan template available on its website.

(c) The participating school shall complete the plan in partnership with the assigned reading specialist. The plan must include

(1) a description of the reading program and reading intervention services to be provided to students;

(2) goals for reading improvement with measures of interim progress;

(3) a description of the roles and responsibilities of the school, the reading specialist, and the department;

(4) a description of professional development plans for district staff involved in implementing the plan;

(5) a description of reading improvement home supports; and

(6) a description of the daily school schedule, redesigned as provided under AS 14.30.770(b)(2).

(d) Submission of the K - 3 intensive school reading improvement plan satisfies the requirement that a district enter into a written agreement with the department as provided under AS 14.30.770(b)(2).

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.770
Eff. 7/1/2023, Register 247

4 AAC 06.330 Reporting and communication {#sec-4-aac-06.330 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.330}

(a) A school selected to participate in the reading program shall present on the reading program established under AS 14.30.770 and present an annual update to the public in accordance with AS 14.30.770(b)(3) - (5).

(b) A selected school shall report to the department the information to be reported to the public under (a) of this section and any additional update as requested by the department.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.770
Eff. 7/1/2023, Register 247

4 AAC 06.390 Definitions {#sec-4-aac-06.390 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.390}

In 4 AAC 06.300 - 4 AAC 06.390,

(1) "culturally responsive" has the meaning given in AS 14.60.010;

(2) "K - 3 MTSS reading plan" means the multi-tiered system of support (MTSS) model described in 4 AAC 06.405;

(3) "multi-tiered system of support" has the meaning given in 4 AAC 06.490(a);

(4) "reading specialist" means an educator

(A) employed by the department, specialized in the science of reading, and assigned annually as a support for K - 3 Tier III students in schools participating in the department reading program;

(B) provided to improve and accelerate student progress toward reaching reading competency utilizing the state-approved program plan, as stated in AS 14.30.770.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.770
Eff. 7/1/2023, Register 247

Article 4 District Reading Intervention Services and Strategies

4 AAC 06.400 Statewide literacy screening and support {#sec-4-aac-06.400 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.400}

(a) The department will provide a statewide screening tool and associated training to all school districts to assess student reading skills. The department will provide to school districts

(1) training on evidence-based instruction based on student needs, assistance in interpreting screening results, and training in the science of reading;

(2) training on using the statewide screening tool to identify students who will need an assessment for dyslexia; and

(3) assistance in developing an alternative standardized reading screening tool as provided in AS 14.30.760, if requested by a school district.

(b) Except as provided in (d) of this section, each school district shall assess all students in kindergarten through grade three each fall using the statewide screening tool as provided under AS 14.30.760 and shall

(1) identify students with reading deficiencies and require these students to take a winter and spring assessment; and

(2) identify students with sufficient reading skills, who are not required to take a winter or spring assessment.

(c) Annually, after the completion of the school year but not later than July 15, each school district shall provide a report to the department that includes all data required under AS 14.30.760(a)(4).

(d) A school district may request a waiver from the requirement that it use the department-provided statewide literacy screening tool. The department will make available to all school districts a K - 3 literacy screener waiver form. The commissioner will grant the K - 3 literacy screener waiver if the district-selected screening tool is an evidence-based screening tool consistent with AS 14.30.760 and meets the requirements of this subsection. A K - 3 literacy screener waiver granted by the commissioner to a school district becomes void if the school district selects a new screening tool. An application for a K - 3 literacy screener waiver must be submitted in writing not later than April 15 to be considered for use in the following school year and must include

(1) a description of the district selected screening tool and how it meets the requirements of AS 14.30.760;

(2) a dyslexia screener;

(3) the reason for seeking the waiver; and

(4) any additional information supporting the district's request for a waiver.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.765
Eff. 7/1/2023, Register 247

4 AAC 06.405 Reading intervention services and strategies {#sec-4-aac-06.405 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.405}

(a) A school district shall offer intensive reading intervention services to students in kindergarten through grade three who exhibit a reading deficiency under AS 14.30.765.

(b) Each school district must submit to the department not later than September 1 of each year a reading plan to provide services described in (a) of this section based on a response to intervention or multi-tiered system of support (MTSS) model. A school district may resubmit a department-approved K - 3 MTSS reading plan from the prior school year, if the district reading plan and intervention services have not changed.

(d) Each school district's K - 3 MTSS reading plan must comply with AS 14.30.765(b) and must include

(1) identification of the literacy screening tool to be used and the proposed schedule that is in alignment with statewide assessment schedules;

(2) a description of the adopted core and intervention reading programs for students in kindergarten through grade three.

(3) a description of the district's progress monitoring tool and the proposed schedule;

(4) a parent notification of student reading deficiency letter template;

(5) an individual reading improvement plan template;

(6) a description of home supports for early literacy development; and

(7) description of reading-related professional development for staff working with students in kindergarten through grade three.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.765
Eff. 7/1/2023, Register 247

4 AAC 06.410 Individual reading improvement plan {#sec-4-aac-06.410 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.410}

(a) A school district shall provide a culturally responsive individual reading improvement plan for each student in kindergarten through grade three who is determined to have a reading deficiency based on the statewide screening tool in AS 14.30.765 or a district selected alternative screening tool based on an approved K - 3 literacy screener waiver form under 4 AAC 06.400.

(b) The individual reading improvement plan must meet the requirements of AS 14.30.765(b) and must include a description of individual reading intervention services to be provided in the summer for students progressing to grade four through submission of a waiver under 4 AAC 06.415(c).

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.765
Eff. 7/1/2023, Register 247

4 AAC 06.415 Student progression {#sec-4-aac-06.415 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.415}

(a) If a student demonstrates a reading deficiency, the district shall follow the student progression requirements set out in AS 14.30.765(d) - (f).

(b) A student may demonstrate mastery of reading standards sufficient to progress from grade three to grade four as provided in AS 14.30.765(e), including by submission of a complete reading portfolio. A complete reading portfolio must

(1) be submitted by a classroom teacher on a department-provided reading portfolio form;

(2) provide measurable evidence of proficiency on each English/Language Arts foundational skill grade standard through the student's current grade level, set out in Alaska English/Language Arts and Mathematics Standards, adopted by reference in 4 AAC 04.140.

(c) Each school district shall make available a department waiver of non-progression form for a parent or guardian who elects to submit a waiver under AS 14.30.765(f). The parent or guardian shall submit to the school district a completed and signed waiver of non-progression request not later than 30 days after meeting with school and district staff as required in AS 14.30.765(f) or not later than the end of the school year, whichever is earlier.

(d) Students may only have their progression delayed one time between kindergarten and grade three.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.765
Eff. 7/1/2023, Register 247

4 AAC 06.490 Definitions {#sec-4-aac-06.490 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.490}

(a) In 4 AAC 06.400 - 4 AAC 06.490,

(1) "culturally responsive" has the meaning given in AS 14.60.010;

(2) "measurable evidence of proficiency"

(A) means direct proof of student proficiency, including audio or video of a student performing a skill and data from a free online literacy assessment based on the science of reading;

(B) does not include worksheets, parent testimonials, or anecdotal notes and observations;

(3) "multi-tiered system of support" means the practice of providing high-quality tiered instruction and interventions that

(A) are based on the science of reading;

(B) are matched to student need;

(D) include applying student response data to important educational decisions;

(4) "parent" or "guardian" has the meaning given in AS 14.60.010.

(b) In AS 14.30.760 - 14.30.780 and 4 AAC 06.400 - 4 AAC 06.490, "dyslexia" means a specific learning disability that

(1) is neurobiological in origin;

(2) is characterized by difficulties

(A) with accurate or fluent word recognition and by poor spelling and decoding abilities; and

(B) that typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction; and

(3) may have secondary consequences that include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

History

Authority: AS 14.07.020; AS 14.30.765 AS 14.07.060; AS 14.30.775
Eff. 7/1/2023, Register 247

Article 5 Prohibition of Sex Discrimination

4 AAC 06.500 Purpose {#sec-4-aac-06.500 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.500}

The purpose of 4 AAC 06.500 - 4 AAC 06.600 is to establish procedures that will enable school districts to prevent and eliminate, in public education, discrimination on the basis of gender and, in employment, discrimination on the basis of gender or race.

History

Authority: AS 14.18.010; AS 14.18.020; AS 14.18.080
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

4 AAC 06.510 Discrimination in hiring practices {#sec-4-aac-06.510 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.510}

(a) Hiring practices that are prohibited by AS 14.18.020(1) include the use of any position description, job qualification, or collective bargaining agreement that has the direct or indirect effect of giving preference to an applicant on the basis of gender or race, except that gender may be used as a criterion with respect to jobs requiring personal supervision of persons using locker rooms, showers, or toilet facilities.

(b) Nothing in 4 AAC 06.500 - 4 AAC 06.600 prevents a school district from using gender or race as a criterion for meeting employment goals under a valid affirmative action plan.

(c) In addition to the requirements of AS 14.18 and this section, the requirements of AS 18.80.220 also apply to hiring practices in public education.

History

Authority: AS 14.18.010; AS 14.18.020; AS 14.18.080
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

4 AAC 06.520 Recreational and athletic activities {#sec-4-aac-06.520 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.520}

(a) Before February 1, 1994, and thereafter every third school year, each school district shall conduct a survey of students in grades five through 11, in a manner to be established by the district, to determine student interest in specific extracurricular recreational activities, interscholastic athletic activities, and intrascholastic athletic activities.

(b) Before March 1 of each school year beginning in 1994, each school district shall adopt a plan that sets out all extracurricular recreational activities, interscholastic athletic activities, and intrascholastic athletic activities that will be offered by the district during the following school year. The plan required by this subsection must provide substantially equal opportunities for each gender, and must, to the maximum extent practicable, accommodate the interests of students as expressed in the survey required by (a) of this section.

(c) In developing or amending a plan under (b) of this section, each school district shall evaluate its extracurricular recreational activities, interscholastic athletic activities, and intrascholastic athletic activities to ensure that the activities available to each gender are substantially equal based on the following criteria:

(1) the provision of equipment and supplies;

(2) the schedule of games and practice times;

(3) travel schedules and trips taken;

(4) opportunities to receive coaching;

(5) assignment of coaches and tutors;

(6) provision of locker, practice, and competitive facilities;

(7) provision of administrative support services; and

(8) publicity.

(d) A summary of the results of the survey required by (a) of this section and a copy of the plan required by (b) of this section must be available for public inspection at each school in the district by September 15 of each school year.

History

Authority: AS 14.18.010; AS 14.18.040; AS 14.18.080
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

4 AAC 06.530 Guidance and counseling services {#sec-4-aac-06.530 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.530}

(a) School personnel assigned to provide guidance and counseling services shall plan and implement programs and services, and use materials, that encourage students to explore and develop their individual interests in vocational programs and career opportunities without regard to gender. This may include encouraging students to consider nontraditional occupations.

(b) Before December 15 of the school year beginning after June 4, 1993, each school district shall establish, have on file, and implement written procedures for the biennial training of all certificated personnel who are assigned to provide guidance and counseling services. Training must include the recognition of gender bias in counseling materials and specific techniques that may be used with students to overcome the effects of gender bias.

History

Authority: AS 14.18.010; AS 14.18.040; AS 14.18.080
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

4 AAC 06.540 Course offerings {#sec-4-aac-06.540 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.540}

Except as provided in AS 14.18.050(b), no school district may require or deny participation in any course, program, or activity on the basis of gender.

History

Authority: AS 14.18.010; AS 14.18.040; AS 14.18.080 AS 14.18.030; AS 14.18.050
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

4 AAC 06.550 Review of instructional materials {#sec-4-aac-06.550 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.550}

(a) Instructional materials must portray people or characters of each gender in a wide variety of occupational, emotional, and behavioral situations, and present each gender in a broad range of its human potential.

(b) Before December 15 of the school year beginning after June 4, 1993, each school district shall establish and implement written procedures

(1) for the biennial training of certificated personnel in the recognition of gender bias

(A) in instructional materials,

(B) in career instruction, and

(C) in instructional techniques that may be used to overcome the effects of gender bias and discrimination; this training must be at least three hours in length;

(2) for the review of textbooks and instructional materials for evidence of gender bias; or discrimination; this review may occur as part of a district's established curriculum review cycle; and

(3) for the replacement or supplementation of materials found to exhibit gender bias or discrimination, according to the general textbook and instructional materials replacement procedure of the district.

(c) The procedures required by (b) of this section must be submitted to the commissioner within 30 days after their establishment or modification.

(d) Nothing in this section requires a district that is in substantial compliance with the requirements of this section to adopt new or different procedures.

History

Authority: AS 14.18.010; AS 14.18.060; AS 14.18.080
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

4 AAC 06.560 Violations {#sec-4-aac-06.560 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.560}

(a) Each school district shall adopt and make available to the public a grievance procedure through which violations of AS 14.18 or 4 AAC 06.500 - 4 AAC 06.600 may be remedied. The grievance procedure must be posted in a public place in each school operated by that district. The district shall make copies available upon request.

(b) A district grievance procedure adopted under (a) of this section must

(1) provide for a hearing before the governing body of the district;

(2) require that the hearing be held on the record; and

(3) require that a final decision be issued within 60 days after the filing of the grievance.

(c) If, after exhausting the procedures established under (a) of this section, an aggrieved person believes that a violation has not been remedied, that person may file a complaint with the commissioner on a form prescribed by the department. The complaint must be filed within 180 days of the alleged violation.

(d) Upon receipt of a complaint received under (c) of this section, the commissioner or the commissioner's designee shall conduct an investigation of the complaint. If, after conducting the investigation, the commissioner determines that a violation has occurred and the violation justifies action against the school district, the commissioner shall file an accusation with the state board.

(e) Upon receipt of an accusation, the chair of the state board will request the appointment of a hearing officer sitting alone to hear the case.

(f) A hearing under (e) of this section will be conducted by the hearing officer in accordance with the procedures in AS 44.62.330 - 44.62.640.

(g) The state board will accept or reject the hearing officer's proposed decision no later than the first regularly scheduled meeting after the hearing officer has rendered the proposed decision.

(h) Nothing in this section precludes a school district and complainant from settling a complaint before holding a hearing before the governing body of the district under (b)(1) of this section.

History

Authority: AS 14.18.010; AS 14.18.080; AS 14.18.090
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

4 AAC 06.570 Assurance of voluntary compliance {#sec-4-aac-06.570 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.570}

(a) The commissioner may enter into an assurance of voluntary compliance agreement with a school district alleged to be in violation of AS 14.18 or 4 AAC 06 instead of further action under 4 AAC 06.560.

(b) Under the terms of an assurance of voluntary compliance agreement, the school district need not admit wrongdoing, but must agree not to commit the violation in the future. The commissioner may require as a condition of the assurance that the school district submit a plan of compliance for approval by the commissioner.

(1) a timeline for compliance;

(2) how compliance will be achieved;

(3) criteria by which compliance can be determined; and

(4) the name of the person responsible at the district level for supervising compliance.

History

Authority: AS 14.18.080
Eff. 10/31/82, Register 84

4 AAC 06.575 Nondiscrimination for filing grievances {#sec-4-aac-06.575 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.575}

A school district may not discriminate against a person for filing a grievance under AS 14.18 or this chapter.

History

Authority: AS 14.18.010; AS 14.18.080; AS 14.18.090
Eff. 6/4/93, Register 126

4 AAC 06.580 Remedies {#sec-4-aac-06.580 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.580}

(a) If the state board determines that a school district is or has been engaged in practices in violation of AS 14.18 or 4 AAC 06.500 - 4 AAC 06.600, the board will, in its discretion, direct the school district or the hearing officer to formulate a plan of compliance.

(b) If the school district fails to implement the plan of compliance, or violates a plan of compliance, an assurance of voluntary compliance agreement, or another order of the state board, the commissioner may petition the board to withhold state funds in accordance with AS 14.07.070.

(c) If the commissioner petitions the state board under (b) of this section, the state board will hold an abbreviated hearing in which the commissioner shall state the basis for the petition and the school district will be afforded the opportunity to respond.

(d) Nothing in 4 AAC 06.500 - 4 AAC 06.600 limits the commissioner or the Professional Teaching Practices Commission from seeking to revoke the certification of, suspend, or otherwise discipline an educator who violates AS 14.18 or 4 AAC 06.500 - 4 AAC 06.600.

(e) Nothing in 4 AAC 06.500 - 4 AAC 06.600 limits the Alaska School Activities Association from barring participation in its activities or otherwise disciplining a member district which violates AS 14.18.040 or 4 AAC 06.520.

History

Authority: AS 14.18.080
Eff. 10/31/82, Register 84

4 AAC 06.590 Additional authority of the commissioner {#sec-4-aac-06.590 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.590}

In addition to any other duties performed under 4 AAC 06.500 - 4 AAC 06.600, the commissioner may require a school district to report its efforts toward compliance with 4 AAC 06.500 - 4 AAC 06.600 and, in the absence of a complaint, may file an accusation with the state board.

History

Authority: AS 14.18.080
Eff. 10/31/82, Register 84

4 AAC 06.600 Definitions {#sec-4-aac-06.600 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.600}

In AS 14.18 and 4 AAC 06.500 - 4 AAC 06.600

(1) "commissioner" means the commissioner of the Department of Education and Early Development;

(2) "extracurricular recreational activity" includes school-sponsored or supported clubs, teams, or activities of general or specific interest not part of classroom instruction;

(3) "instructional material" includes textbooks, films, filmstrips, workbooks and other materials the primary purpose of which is for use in classroom instructional activity; "instructional materials" does not include literary works;

(4) "physical education activities involving bodily contact" means boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact;

(5) "gender bias" means behavior or written materials that, when taken as a whole, portray one gender in a role or status inferior to or more limited than that of the other gender; assign abilities, traits, interests, or activities on the basis of gender stereotypes; denigrate or ridicule on the basis of gender; ignore or substantially underrepresent the numerical existence of one gender for reasons not necessitated by the subject matter of the work; or otherwise treat persons in a discriminatory way on the basis of gender;

(6) "state board" means the State Board of Education;

(7) "department" means the Department of Education and Early Development;

(8) "discrimination" means differential treatment of or the denial of equal opportunity to a person based on that person's race or gender or because that person filed a grievance under this chapter.

History

Authority: AS 14.18.010; AS 14.18.040; AS 14.18.060 AS 14.18.030; AS 14.18.050; AS 14.18.080
Eff. 10/31/82, Register 84; am 6/4/93, Register 126

Article 6 Statewide Student Assessment

4 AAC 06.700 Purpose {#sec-4-aac-06.700 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.700}

Statewide student assessment is one component in a system to measure and make accountable the state education system. The purposes of statewide student assessment specifically are to

(1) ascertain on a statewide basis the extent to which children of the state are attaining state standards as described in 4 AAC 06.737;

(2) produce statewide information to facilitate sound decision making by policy makers, parents, educators, and the public; and

(3) provide a focus for instructional improvement;

(4) repealed 12/16/94.

History

Authority: AS 14.03.120; AS 14.07.020; AS 14.07.060
Eff. 3/15/89, Register 109; am 12/16/94, Register 132; am 10/16/2012, Register 204

4 AAC 06.710 Statewide student assessment system {#sec-4-aac-06.710 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.710}

The commissioner will develop a statewide student assessment system composed of multiple indicators that include

(1) a standards-based test to measure student attainment of the state's standards as described in 4 AAC 06.737;

(2) an alternate assessment under 4 AAC 06.775(b);

(3) biennial participation in the national assessment of educational progress in mathematics and reading in grades four and eight;

(4) the assessments included in 4 AAC 34.055 to identify English language proficiency; and

(5) a statewide screening tool as described in AS 14.30.760 and 4 AAC 06.400.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.775
Eff. 3/15/89, Register 109; am 8/7/92, Register 123; am 12/16/94, Register 132; am 10/21/99, Register 152; am 3/3/2000, Register 153; am 11/30/2001, Register 160; am 12/19/2002, Register 164; am 9/11/2004, Register 171; am 10/3/2011, Register 200; am 10/16/2012, Register 204; am 6/30/2013, Register 206; am 12/26/2014, Register 212; am 3/30/2016, Register 217; am 6/1/2018, Register 226; am 12/25/2020, Register 236; am 8/12/2023, Register 247

4 AAC 06.712 Developmental profile {#sec-4-aac-06.712 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.712}

(a) As part of the comprehensive system of student assessments required by AS 14.07.020(b) and 4 AAC 06.710, each district shall submit to the department by November 1 of each school year, on a form provided by the department, a developmental profile for each student entering kindergarten or first grade in each school in the district, including charter schools. A student whose profile was submitted upon entering kindergarten does not need an additional profile upon entering first grade.

(b) Indicators that must be used in preparing a student's developmental profile under this section include

(1) physical health, well-being, and motor development;

(2) social and emotional development;

(3) approaches to learning;

(4) cognition and general knowledge;

(5) communication, language, and literacy; and

(6) child background.

(c) For the purposes of this section, "child background" means the factors that affect a child's school performance, such as the child's pre-school experience, whether the child has an individualized education program (IEP), and the child's health data.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 3/3/2000, Register 153; am 6/22/2008, Register 186

4 AAC 06.713 Early literacy screening {#sec-4-aac-06.713 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.713}

Repealed.

History

Eff. 3/19/2014, Register 209; repealed 3/30/2016, Register 217

4 AAC 06.715 Work ready/college ready transitional skills curriculum and benchmark assessments {#sec-4-aac-06.715 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.715}

Repealed.

History

Eff. 2/23/2008, Register 185; am 7/19/2009, Register 191; am 9/2/2010, Register 195; repealed 12/26/2014, Register 212

4 AAC 06.717 College and career readiness assessments {#sec-4-aac-06.717 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.717}

Repealed.

History

Eff. 2/23/2008, Register 185; am 7/19/2009, Register 191; am 6/8/2011, Register 198; am 12/26/2014, Register 212; am 5/15/2015, Register 214; repealed 6/1/2018, Register 226

4 AAC 06.718 College and career readiness assessment after student receives a certificate of achievement {#sec-4-aac-06.718 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.718}

(a) A district shall provide a secondary school diploma to a person who

(1) holds a certificate of achievement issued by the district on or after July 1, 2014 and before June 30, 2016;

(2) takes a college and career readiness assessment; and

(3) pays applicable fees charged by the district or the test vendor.

(b) A person may satisfy the requirement of (a)(2) of this section by taking a college and career readiness assessment

(1) offered through a school district, whether during or outside regular school hours; or

(2) offered outside the state's public school system.

(c) A district shall permit a person who has exited secondary school to take a college and career readiness assessment, when the assessment is administered by the district during school hours or outside school hours, if the person

(1) holds a certificate of achievement issued on or after July 1, 2014 and before June 30, 2016 by the district or provides evidence to the district that the person holds a certificate of achievement issued on or after July 1, 2014 and before June 30,2016 by another school district in the state;

(2) meets all test registration requirements of the district and the test vendor; and

(3) pays applicable fees charged by the district or the test vendor.

(d) Only the district that issued the certificate of achievement may issue a secondary school diploma to the person under this section.

(e) To obtain a secondary school diploma under this section, a person must submit to the district that issued the person a certificate of achievement

(1) a written request for a secondary school diploma;

(2) a score report issued by the test vendor for a college and career readiness assessment taken by the person; and

(3) any fee that the district assesses for the issuance of a diploma under this section.

(f) A district may assess a fee for the issuance of a diploma only if the fee is required under a written district policy adopted by the governing body of the district.

(g) Not later than 90 days after receiving a request that complies with (e) of this section, a district shall issue a secondary diploma to a person who submits a request under (e) of this section.

(h) In this section,

(1) "certificate of achievement" means a certificate earned by a student on or after July 1, 2014 and before June 30, 2016 who met all local graduation requirements but did not take one of the college and career readiness assessments and is therefore ineligible for a diploma;

(2) "college and career readiness assessment"

(A) means the SAT or ACT within the meaning given in AS 14.03.075(e)(1) as that provision read before June 30, 2016;

(B) with respect to the WorkKeys assessment, within the meaning given in AS 14.03.075(e)(1) as that provision read before June 30, 2016, means the following sections of that assessment:

(i) applied mathematics;

(ii) reading for information; and

(iii) locating information;

(3) "takes a college and career readiness assessment" means receives a valid score on the assessment as reported by the vendor of the assessment.

History

Authority: AS 14.03.060; AS 14.07.020; AS 14.07.060 AS 14.03.075; AS 14.07.030; AS 14.07.165
Eff. 12/25/2015, Register 216; am 6/1/2018, Register 226

4 AAC 06.720 Program evaluation {#sec-4-aac-06.720 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.720}

Repealed.

History

Eff. 3/15/89, Register 109; am 12/16/94, Register 132; repealed 12/26/2014, Register 212

4 AAC 06.721 College and career readiness assessment waivers {#sec-4-aac-06.721 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.721}

Repealed.

History

Eff. 3/4/2015, Register 213; repealed 6/1/2018, Register 226

4 AAC 06.722 Waiver for entering the public school system late {#sec-4-aac-06.722 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.722}

Repealed.

History

Eff. 3/4/2015, Register 213; repealed 6/1/2018, Register 226

4 AAC 06.723 Rare or unusual circumstances {#sec-4-aac-06.723 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.723}

Repealed.

History

Eff. 3/4/2015, Register 213; am 12/25/2015; Register 216; repealed 6/1/2018, Register 226

4 AAC 06.724 Procedures for appeal from a denial of a waiver from the college and career readiness assessments {#sec-4-aac-06.724 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.724}

Repealed.

History

Eff. 3/4/2015, Register 213; repealed 6/1/2018, Register 226

4 AAC 06.730 Standardized norm referenced test administration {#sec-4-aac-06.730 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.730}

Repealed.

History

Eff. 3/15/89, Register 109; am 8/7/92, Register 123; am 12/16/94, Register 132; am 3/3/2000, Register 153; am 11/23/2003, Register 168; am 9/11/2004, Register 171; am 10/16/2012, Register 204; repealed 6/30/2013, Register 206

4 AAC 06.735 Standardized norm referenced test results {#sec-4-aac-06.735 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.735}

Repealed.

History

Eff. 12/16/94, Register 132; am 12/19/2002, Register 164; am 9/11/2004, Register 171; repealed 6/30/2013, Register 206

4 AAC 06.737 Standards-based test {#sec-4-aac-06.737 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.737}

The commissioner will select a standards-based test to estimate the degree to which students have mastered the state's standards for English language arts, mathematics, and science. For school years after school year 2013 - 2014, the standards-based test must test for mastery of the English language arts, mathematics, and science standards adopted by reference in 4 AAC 04.140(a). Except for students eligible for an alternate assessment under 4 AAC 06.775(b), each district shall administer the standards-based test in English language arts, and mathematics annually to every student in grades three through eight and in one or more years, as determined by the commissioner, in grades nine through 12, and each district shall administer the standards-based test in science annually to every student in grades five, eight, and ten. A school that does not assign students to grade levels shall assess students using the grade-level assessment that would apply if the school had standard grade levels based upon the number of years a student has been enrolled in school.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 3/3/2000, Register 153; am 9/11/2004, Register 171; am 11/10/2005, Register 176; am 5/18/2006, Register 178; am 10/16/2012, Register 204; am 12/26/2014, Register 212; am 4/6/2016, Register 218; am 2/16/2018, Register 225; am 10/20/2018, Register 228; am 11/13/2022, Register 244

4 AAC 06.738 Assessment results {#sec-4-aac-06.738 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.738}

(a) Except as provided by this section, all student assessment results as described in 4 AAC 06.710 are confidential and may not be disclosed by a district except as provided by 34 C.F.R. Part 99, dealing with family educational rights and privacy.

(b) The commissioner shall compile the results of the standards-based test, alternate assessment, and English language proficiency assessments by school district, school, classroom, and individual, and shall annually provide school results to the board and the legislature.

(c) The commissioner shall provide to a school district the district, school, classroom, and individual student results for the district.

(d) After receiving test results from the commissioner or test publisher, a school district shall distribute

(1) class and individual student results to each teacher, for the teacher's classes and students not later than the date decided by the commissioner and announced by the department; and

(2) individual student results to each student's parents not later than the date decided by the commissioner and announced by the department.

History

Authority: AS 14.03.075; AS 14.07.020; AS 14.07.060
Eff. 3/3/2000, Register 153; am 12/19/2002, Register 164; am 11/10/2005, Register 176; am 10/3/2011, Register 200; am 12/25/2020, Register 236

4 AAC 06.739 Assessment achievement level scores {#sec-4-aac-06.739 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.739}

(a) The subject matter achievement levels of proficiency for a student enrolled in grades 3-10 will be determined as set out in this section, based on the student's scores on the applicable state assessment described in 4 AAC 06.737.

(b) Achievement levels for English language arts and mathematics are advanced, proficient, approaching proficient, or needs support. Students obtaining achievement levels of proficient or advanced meet standards. To obtain an achievement level of advanced, proficient, approaching proficient, or needs support in English language arts and mathematics, a student must obtain a score as set out in the following table:

Achievement

Level

Grade

3 Grade

4 Grade

5 Grade

6 Grade

7 Grade

8 Grade

9 English

language arts:

Advanced

1599-17201612-17501626-17801636-18001645-18201652-18401668-1850 English

language arts:

Proficient

1582-15981589-16111596-16251605-16351610-16441615-16511619-1667 English

language arts:

Approaching

Proficient

1562-15811568-15881576-15951576-16041584-16091587-16141590-1618 English

language arts:

Needs

Support

1400-15611410-15671420-15751430-15751440-15831450-15861450-1589 Mathematics:

Advanced

1546-17201558-17501577-17801594-18001609-18201623-18401626-1850 Mathematics:

Proficient

1524-15451538-15571544-15761563-15931570-16081580-16221590-1625 Mathematics:

Approaching

Proficient

1510-15231524-15371531-15431543-15621551-15691559-15791564-1589

Mathematics:

Needs

Support

1400-15091410-15231420-15301430-15421440-15501450-15581450-

1563

(c) Achievement levels for science are advanced, proficient, approaching proficient, or needs support. Students obtaining achievement levels of advanced or proficient meet standards. To obtain an achievement level of advanced, proficient, approaching proficient, or needs support in science, a student must obtain a score as set out in the following table:

Achievement Level Grade 5

Grade 8 Grade 10 Science: Advanced 673-800

656-800 642-800 Science: Proficient 616-672

613-655 601-641 Science: Approaching

Proficient

580-615 586-612 571-600 Science:

Needs Support

400-579 400-585 400-570

History

Authority: AS 14.03.015; AS 14.07.020; AS 14.07.060 AS 14.03.123; AS 14.07.030
Eff. 3/16/2001, Register 157; am 11/23/2003, Register 168; am 9/4/2005, Register 175; am 5/18/2006, Register 178; am 9/3/2006, Register 179; am 9/27/2008, Register 187; am 4/6/2016, Register 218; am 2/16/2018, Register 225; am 12/25/2020, Register 236; am 5/24/2023, Register 246; am 9/21/2024, Register 251

4 AAC 06.740 School questionnaire {#sec-4-aac-06.740 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.740}

Repealed.

History

Eff. 3/15/89, Register 109; am 12/16/94, Register 132; repealed 6/30/2013, Register 206

4 AAC 06.750 Student questionnaire {#sec-4-aac-06.750 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.750}

Repealed.

History

Eff. 3/15/89, Register 109; am 12/16/94, Register 132; am 10/3/2011, Register 200; repealed 6/30/2013, Register 206

4 AAC 06.755 High school graduation qualifying examination {#sec-4-aac-06.755 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.755}

Repealed.

History

Eff. 3/3/2000, Register 153; am 12/2/2000, Register 156; am 8/21/2002, Register 163; am 12/5/2002, Register 164; am 12/26/2002, Register 164; am 9/11/2004, Register 171; am 9/29/2005, Register 175; am 9/3/2006, Register 179; am 10/3/2011, Register 200; repealed 12/26/2014, Register 212

4 AAC 06.758 High school graduation qualifying examination results {#sec-4-aac-06.758 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.758}

Repealed.

History

Eff. 3/3/2000, Register 153; am 9/11/2004, Register 171; am 11/10/2005, Register 176; am 10/3/2011, Register 200; repealed 12/26/2014, Register 212

4 AAC 06.759 High school graduation qualifying examination: remediation {#sec-4-aac-06.759 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.759}

Repealed.

History

Eff. 12/21/2007, Register 184; am 10/16/2013, Register 208; repealed 12/26/2014, Register 212

4 AAC 06.760 Test results {#sec-4-aac-06.760 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.760}

Repealed.

History

Eff. 3/15/89, Register 109; repealed 12/16/94, Register 132

4 AAC 06.761 Test administration {#sec-4-aac-06.761 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.761}

(a) Unless an assessment is specifically exempted, or the department has approved in writing a different process, a district shall administer the statewide assessments described in 4 AAC 06.710 in conformance with the requirements of this section.

(b) A district shall administer an assessment under this section only in a school test center designated by each district. Each school test center must be secure, free of disruptions, have an established seating arrangement, and be well lighted. Only designated district staff may be in the test center rooms at the time of testing students.

(c) Each district shall designate an employee of the district as the district test coordinator. In districts with two or more school test centers, the district shall designate an on-site building test coordinator for each center. The district test coordinator or building test coordinator shall assign as many test administrators to each school test center as necessary to ensure adequate supervision or monitoring of students taking the assessment. Each district test coordinator, building test coordinator, and test administrator must execute an agreement, on a form provided by the department, affirming that the test procedures of the department and test publisher will be followed.

History

Authority: AS 14.03.015; AS 14.07.020; AS 14.07.060
Eff. 10/3/2011, Register 200; am 12/25/2020, Register 236

4 AAC 06.765 Test security; consequences of breach {#sec-4-aac-06.765 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.765}

(a) All test questions on standards-based tests provided for in 4 AAC 06.737, the alternate assessment taken under 4 AAC 06.775, and the English language proficiency assessments provided for in 4 AAC 34.055 are confidential and may be disclosed only as provided in this section.

(b) Test questions may be disclosed to

(1) a student on the date and at the time specified by the commissioner, to the extent necessary to administer the test;

(2) testing personnel in the course of fulfilling their duties;

(3) a department official as required for the performance of that official's duties; and

(4) a test administrator if necessary to fulfill duties under 4 AAC 06.775 regarding the delivery of accommodations.

(1) inventory and track secure materials from the time the materials arrive at the school or district office until the time the materials are returned to the test publisher;

(2) securely store secure materials before distribution to school test centers and after their return;

(3) control distribution of secure materials to and from school test centers;

(4) control the storage, distribution, administration, and collection of secure materials; and

(5) ensure that no test or test question is copied in any manner, whether on paper or by electronic means.

(d) School personnel at a school test center shall

(1) label the tests according to test administration directions before testing;

(2) inventory and track test materials from the time the materials arrive at the school until the time the materials are returned to the district;

(3) securely store tests before and after each testing session;

(4) control distribution of tests within the school test center;

(5) ensure that no test or test question is copied, reproduced, or paraphrased in any manner by an examinee or anyone else;

(6) ensure that examinees use only those reference materials allowed by the test publisher's testing procedures;

(7) ensure that no individual receives a copy of the test, or learns of a specific test question or item, before the test date and time set by the commissioner, under (b) of this section, unless knowledge of the question or item is necessary for delivery of accommodations under 4 AAC 06.775;

(8) ensure that examinees do not exchange information during a test, except when the test procedure so specifies;

(9) ensure that an examinee's answer is not altered after testing is completed;

(10) ensure that no examinee is assisted in responding to or review of specific test questions or items before, during, or after a test session.

(e) A teacher holding a certificate issued under 4 AAC 12 who breaches security as described in this section is subject to investigation and adjudication by the Professional Teaching Practices Commission.

(f) School and district personnel responsible for test administration shall

(1) annually execute an agreement, on a form provided by the department, affirming that they will follow the test procedures required under this section;

(2) provide training in test procedures to all district staff involved in testing as directed by the department, and ensure that staff complete the training;

(3) ensure that all district staff involved in testing read and follow all testing procedures and manuals published by the test publisher, unless instructed otherwise by the department.

(g) All school and district personnel shall maintain the security and confidentiality of electronic test data files, individual student reports, and other testing reports designated as secure.

(h) District personnel in charge of testing shall immediately report any breach of test security to the department. If a student's IEP requires a modification that violates test security under this section, the modification will be provided only if it does not affect test security for any students other than the student who requires the modification. A modification that violates test security under this section results in an invalid assessment and the assessment will not be scored.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 3/3/2000, Register 153; am 2/18/2007, Register 181; am 10/3/2011, Register 200; am 6/30/2013, Register 206; am 12/26/2014, Register 212; am 6/1/2018, Register 226; am 12/25/2020, Register 236

4 AAC 06.770 Inclusion and exclusion of students {#sec-4-aac-06.770 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.770}

Repealed.

History

Eff. 3/15/89, Register 109; repealed 12/16/94, Register 132

4 AAC 06.771 High school graduation qualifying examination reexamination {#sec-4-aac-06.771 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.771}

Repealed.

History

Eff. 3/25/2004, Register 169; am 10/3/2011, Register 200; repealed 12/26/2014, Register 212

4 AAC 06.772 High school graduation qualifying examination waivers {#sec-4-aac-06.772 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.772}

Repealed.

History

Eff. 1/21/2004, Register 169; am 3/25/2004, Register 169; repealed 12/26/2014, Register 212

4 AAC 06.773 Waiver for entering the public school system late {#sec-4-aac-06.773 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.773}

Repealed.

History

Eff. 1/21/2004, Register 169; repealed 12/26/2014, Register 212

4 AAC 06.774 Rare or unusual circumstances {#sec-4-aac-06.774 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.774}

Repealed.

History

Eff. 1/21/2004, Register 169; am 9/17/2004, Register 171; am 9/23/2004, Register 171; repealed 12/26/2014, Register 212

4 AAC 06.775 Statewide assessment program for students with disabilities {#sec-4-aac-06.775 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.775}

(a) When administering to students with disabilities the statewide assessments under 4 AAC 06.710, a district shall follow the requirements of this section and the department's Participation Guidelines for Inclusion of Alaska Students in State Assessments, 2023 edition, adopted by reference.

(b) The commissioner shall select an alternate assessment for use in the state for assessment of students with significant cognitive disabilities who are not able to complete either regular curricular offerings or substitute courses under 4 AAC 06.078 that would lead to a diploma. A student's eligibility for an alternate assessment shall be established in the student's IEP in accordance with the criteria in the Participation Guidelines for Inclusion of Alaska Students in State Assessments, adopted by reference in (a) of this section. Each district shall administer the alternate assessment to eligible students whenever it administers the standards-based assessments described in 4 AAC 06.737. Achievement levels for the English language arts, mathematics, and science alternate assessments are advanced, at target, approaching target, or emerging. Students obtaining an achievement level of advanced or at target meet standards. For the purposes of reporting and accountability in 4 AAC 06.800 - 4 AAC 06.899, the department will include as proficient those students who score at the target or advanced achievement levels on the alternate assessment for English language, arts, mathematics, and science. To obtain an achievement level in

(1) English language arts, and mathematics on the alternate assessment, a student must obtain a score as set out in the following table:

Achievement

Level

Grade

3Grade

4Grade

5Grade

6Grade

7Grade

8Grade

9 English

language arts:

Advanced

44 or

above49 or

above45 or

above44 or

above53 or

above55 or

above English

language arts:

At Target

31-4337-4831-4431-4338-5237-5439-54 English

language arts:

Approaching

Target

23-3025-3621-3018-3020-3718-3615-38 English

language arts:

Emerging

22 or

below24 or

below20 or

below17 or

below19 or

below17 or

below14 or

below Mathematics

Advanced

27 or

above28 or

above26 or

above24 or

above27 or

above31 or

above29 or

above Mathematics:

At Target

15-2615-2717-2518-2318-2624-3018-28 Mathematics:

Approaching

Target

9-1410-148-168-179-179-239-17 Mathematics:

Emerging

8 or

below9 or

below7 or

below8 or

below

(2) science on the alternate assessment, a student must obtain a score as set out in the following table:

Achievement

Level Grade

5 Grade

8 Grade

10 Science:

Advanced 25 or above 23 or above 23 or above Science: At

Target 17-24 16-22 16-22 Science:

Approaching

Target 10-16 10-15 8-15 Science:

Emerging9 or below9 or below7 or below

(c) A student with a disability who is on a diploma track must take all regular statewide assessments required under 4 AAC 06.710, with or without accommodations, at the appropriate grade level.

(d) If the Participation Guidelines do not identify whether a proposed change to an assessment is an accommodation or modification, the district shall follow the procedure described in the Participation Guidelines for determining whether the change is an accommodation or a modification. If a parent requests that a district consult with the department, a district shall consult with the department regarding whether a proposed change to an assessment is an accommodation or a modification. If requested, the department will issue a nonbinding written advisory opinion on whether a particular change is an accommodation or a modification. A decision regarding whether a particular accommodation is appropriate for a student rests with the IEP or section 504 team and the department will not issue an opinion on this issue.

(e) A district shall provide a description of the assessment requirements and options for graduation from high school to parents of a student with a disability or with a section 504 plan who is in the ninth grade, is a new enrollee in the district's high school, or is newly placed on an IEP or section 504 plan. Unless a different time and place is more appropriate, the description shall be provided during the annual IEP or section 504 team meeting during a student's ninth grade year.

(f) Repealed 12/26/2014.

(g) Repealed 12/26/2014.

(h) Repealed 12/26/2014.

(i) Repealed 12/26/2014.

(j) Repealed 12/26/2014.

(k) Repealed 12/26/2014.

(l) Repealed 12/26/2014.

(m) For purposes of this section, a student with a disability is on a diploma track if the student is being taught under the content standards adopted by reference under 4 AAC 04.140.

History

Authority: AS 14.03.075; AS 14.07.060; AS 14.50.080 AS 14.03.123; AS 14.07.165 AS 14.07.020; AS 14.30.760
Eff. 12/19/2002, Register 164; am 9/17/2004, Register 171; am 11/10/2005, Register 176; am 10/18/2007, Register 184; am 11/10/2007, Register 184; am 9/27/2008, Register 187; am 6/11/2010, Register 194; am 10/3/2011, Register 200; am 4/20/2012, Register 202; am 12/26/2014, Register 212; am 3/4/2015, Register 213; am 5/15/2015, Register 214; am 3/30/2016, Register 217; am 4/6/2016, Register 218; am 2/16/2018, Register 225; am 6/1/2018, Register 226; am 10/20/2018, Register 228; am 12/25/2020, Register 236; am 10/26/2022, Register 244; am 11/13/2022, Register 244; am 9/21/2024, Register 251

4 AAC 06.776 Assessment of a student that is an English learner {#sec-4-aac-06.776 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.776}

(a) Except as provided in 4 AAC 06.820(f), a student identified as an English learner under 4 AAC 34.090(2) shall participate, either with or without an accommodation, in a test included in the statewide student assessment system under 4 AAC 06.700 - 4 AAC 06.790.

(b) A district shall appoint a team that includes, if practicable, a teacher with experience in teaching students who are English learners to determine the necessary accommodations for English learners under the department's Participation Guidelines for Inclusion of Alaska Students in State Assessments, adopted by reference in 4 AAC 06.775(a). The team shall document the accommodation decision and may not provide a modification.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 10/3/2011, Register 200; am 6/1/2018, Register 226; am 10/20/2018, Register 228; am 12/23/2021, Register 240

4 AAC 06.777 Students that have passed another state's competency examination {#sec-4-aac-06.777 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.777}

Repealed.

History

Eff. 1/21/2004, Register 169; repealed 12/26/2014, Register 212

4 AAC 06.780 Procedures for appeal from a denial of a waiver from the high school graduation qualifying exam {#sec-4-aac-06.780 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.780}

Repealed.

History

Eff. 1/21/2004, Register 169; repealed 12/26/2014, Register 212

4 AAC 06.789 Requests by parents for high school graduation qualifying examination waivers, exemptions, and appeals {#sec-4-aac-06.789 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.789}

Repealed.

History

Eff. 1/21/2004, Register 169; repealed 12/26/2014, Register 212

4 AAC 06.790 Definitions {#sec-4-aac-06.790 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.790}

(a) Repealed 6/1/2018.

(b) In 4 AAC 06.700 - 4 AAC 06.790,

(1) "accommodation" means a change made to a testing situation to ensure that information obtained from a statewide assessment is an accurate reflection of what the assessment is intended to measure rather than a measure of a student's disability;

(2) "alternate assessment" means the assessment selected by the commissioner under 4 AAC 06.775(b);

(3) "board" means the State Board of Education and Early Development;

(4) repealed 6/1/2018;

(5) "certificate of attendance" means a certificate earned by a student who

(A) is not able to complete regular courses or complete substitute courses under 4 AAC 06.078;

(B) takes the alternate assessment described in 4 AAC 06.775(b); and

(6) "certificate of completion" means a certificate earned by a student who

(A) is not able to complete regular courses or complete substitute courses under 4 AAC 06.078;

(B) takes the alternate assessment described in 4 AAC 06.775(b); and

(7) "commissioner" means the commissioner of education and early development;

(8) "department" means the Department of Education and Early Development;

(9) "district" means a city or borough school district, a regional educational attendance area, and a state boarding school;

(10) "IEP" means individualized education program under 4 AAC 52.140;

(11) "modification" means a change to the setting, timing, presentation, or response format of a standardized test that alters what a test measures;

(12) "Participation Guidelines" means the department's Participation Guidelines for Inclusion of Alaska Students in State Assessments, adopted by reference in 4 AAC 06.775;

(13) "section 504 plan" means a plan that meets the requirements of 29 U.S.C. 794 (Rehabilitation Act of 1973);

(14) "test materials" means all paper and electronic documents, support materials, software, and any related items used by students, teachers, or administrators in the administration of assessments.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 12/16/94, Register 132; am 3/3/2000, Register 153; am 12/19/2002, Register 164; am 9/17/2004, Register 171; am 8/15/2008, Register 187; am 6/30/2013, Register 206; am 12/26/2014, Register 212; am 5/15/2015, Register 214; am 12/25/2015, Register 216; am 6/1/2018, Register 226

Article 7 School and District Accountability

4 AAC 06.800 Purpose {#sec-4-aac-06.800 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.800}

The purpose of the school and district accountability system is to help schools and districts measure their performance on key indicators, identify solutions for improvement, and target resources and support for all students to receive an excellent education and be prepared for college or a career after high school.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 10/16/2013, Register 208; am 10/20/2018, Register 228

4 AAC 06.802 Requirements adopted by reference {#sec-4-aac-06.802 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.802}

Repealed.

History

Eff. 11/23/2003, Register 168; am 6/13/2004, Register 170; am 10/24/2004, Register 172; am 1/19/2006, Register 177; am 7/25/2007, Register 183; am 8/19/2009, Register 191; am 10/16/2013, Register 208; repealed 10/20/2018, Register 228

4 AAC 06.805 Adequate yearly progress {#sec-4-aac-06.805 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.805}

Repealed.

History

Eff. 11/23/2003, Register 168; am 9/11/2004, Register 171; am 10/24/2004, Register 172; am 7/9/2005, Register 175; am 8/21/2005, Register 175; am 7/25/2007, Register 183; am 11/1/2007, Register 184; am 10/3/2011, Register 200; repealed 10/16/2013, Register 208

4 AAC 06.810 Performance and improvement {#sec-4-aac-06.810 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.810}

Repealed.

History

Eff. 11/23/2003, Register 168; am 9/11/2004, Register 171; am 10/24/2004, Register 172; repealed 10/16/2013, Register 208

4 AAC 06.812 Alaska school performance system {#sec-4-aac-06.812 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.812}

(a) Each year, the department will determine a school performance index value for each school in the state that meets the minimum criteria in (e) of this section, based on a 100-point scale. The department will determine a school designation for all schools in the state as described in 4 AAC 06.840.

(b) Each indicator included in the Alaska school performance system has a maximum of 100 points. The indicator and the weighting of each indicator in the score are as follows:

(1) for a school with students in grades kindergarten through six,

(A) academic achievement in English language arts, 15 percent;

(B) academic achievement in mathematics, 15 percent;

(D) growth in mathematics, 20 percent;

(E) English learner progress in learning English, 15 percent;

(F) chronic absenteeism, 10 percent;

(G) grade three English language arts achievement, 5 percent;

(2) for a school with students in grades 7 and above,

(A) academic achievement, in English language arts, 10 percent;

(B) academic achievement in mathematics, 10 percent;

(D) growth in mathematics, 20 percent;

(E) four-year adjusted cohort graduation rate, 15 percent;

(F) five-year adjusted cohort graduation rate, 5 percent;

(G) English learner progress in learning English, 10 percent;

(H) chronic absenteeism, 10 percent;

(c) Under the Alaska school performance system, a school's score on each indicator is calculated as described in 4 AAC 06.821 - 4 AAC 06.826.

(d) The minimum number of students ("minimum n") that must be included in order for an indicator to be included in a school's score in the Alaska school performance system is ten. If an indicator cannot be included due to not meeting the minimum n, the weighting assigned to the indicators that are not included in the calculation of the score will be redistributed proportionally among the indicators with enough students to meet the minimum n. For schools in which the minimum n is not met in the current school year in one or more indicators, the department will aggregate up to three years of available data in order to reach the minimum n.

(e) The department will determine a score for each school that has earned points in at least two indicators, one of which must be:

(1) academic achievement in English language arts or mathematics;

(2) growth in English language arts or mathematics;

(3) four-year or five-year graduation rate; or

(4) English learner progress in learning English.

History

Authority: AS 14.03.123; AS 14.07.060; AS 14.50.080 AS 14.07.020; AS 14.07.170
Eff. 11/1/2007, Register 184; am 10/16/2013, Register 208; am 11/13/2014, Register 212; am 3/6/2015, Register 213; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.815 Long-term goals and measures of interim progress {#sec-4-aac-06.815 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.815}

(a) The department shall establish long-term goals for improvement in academic achievement, as measured by proficiency on the annual statewide English language arts and mathematics assessments under 4 AAC 06.737 and 4 AAC 06.775(b), for the all-students group and for each subgroup of students under 4 AAC 06.820. The department shall establish measurements of interim progress toward meeting the long-term goals for academic achievement. The long-term goals and measures of interim progress are set for the all-students group and for each subgroup defined in 4 AAC 06.830 that includes at least ten students for

(1) each school in the district;

(2) the district as a whole; and

(3) the state as a whole.

(b) The long-term academic achievement goals are set to reduce by half the percentage of non-proficient students on the statewide assessments in English language arts and mathematics by the 2026 - 2027 school year, using the assessment results from the 2016 - 2017 school year as the baseline year. The measures of interim progress are established as uniform annual increases in the percentage of students who score at the proficient or advanced achievement level for the all-students group and all subgroups based on their respective starting points on the spring 2017 administration of the assessments. The department will calculate the percentage of students enrolled for a full academic year who scored at the proficient or advanced achievement level on the state English language arts and mathematics standards-based assessments as compared to the total number of students tested who were enrolled for a full academic year. A district or school meets the measure of interim progress or the long-term goal for the all-students group or a subgroup if it meets the target set for the district or school. In order to meet a long-term goal or measure of interim progress, a school, a district, or the state also must meet a 95 percent assessment participation rate under 4 AAC 06.820(a) in the all-students group and each subgroup. Additionally, a district or school meets the measure of interim progress for

(1) the district or school if it meets the measure of interim progress or long-term goal calculated for the all-students group for the state as a whole; and

(2) a subgroup at the district or school if it meets the measure of interim progress or long-term goal for the subgroup for the state as a whole.

(c) The department shall establish long-term goals for the four-year and five-year graduation rates, for the all-students group and for each subgroup of students under 4 AAC 06.830. The department shall establish measurements of interim progress toward meeting the long-term goals for graduation rates. The long-term goals and measures of interim progress are set for the all-students group and for each subgroup that includes at least ten students in the adjusted graduation cohort for

(1) each school in the district;

(2) the district as a whole; and

(3) the state as a whole.

(d) The long-term four-year graduation rate goal is 90 percent, and the five-year graduation rate goal is 93 percent by the 2026 - 2027 school year, using graduation rates from the 2016 - 2017 school year as the baseline year. The measures of interim progress are established as uniform annual increases in the graduation rates for the all-students group and all subgroups based on their respective starting points on the 2017 graduation rates. The graduation rates are calculated as described in 4 AAC 06.825. A district or school meets the measure of interim progress or the long-term goal for the all-students group or a subgroup if it meets the target set for the district or school. However, a district or school meets the measure of interim progress for

(1) the district or school if it meets the measure of interim progress or long-term goal calculated for the all-students group for the state as a whole; and

(2) a subgroup at the district or school if it meets the measure of interim progress or long-term goal for the subgroup for the state as a whole.

(e) The department shall establish long-term goals for the percentage of English learners making progress in achieving English language proficiency, as defined and calculated under 4 AAC 06.823. The department shall establish measurements of interim progress toward meeting the long-term goals for English learner progress. The long-term goals and measures of interim progress are set for the English learner subgroup at the state level, and apply to the English learner subgroup in each school and district that includes at least ten students. The long-term goal for English learner progress is 70 percent by the 2026 - 2027 school year, using the percentage of English learners defined as making progress in the 2016 - 2017 school year as the baseline year. The measures of interim progress are established as uniform annual increases of 2.8 percent in the percentage of English learners making progress.

(f) Not later than 30 days after the release of preliminary goals and measures of interim progress each year, the department will produce a report for the state and each district and school showing the performance for academic achievement, graduation rate, and English learner progress as compared to the long-term goals and measures of interim progress and an indication of whether the targets have been met.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 7/9/2005, Register 175; am 9/4/2005, Register 175; am 9/7/2012, Register 203; am 10/19/2013, Register 208; am 11/13/2014, Register 212; am 10/9/2015, Register 216; am 4/6/2016, Register 218; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.817 Change in assessments {#sec-4-aac-06.817 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.817}

(a) The year in which there is a new or significantly changed assessment under 4 AAC 06.737 that requires new proficiency scores under 4 AAC 06.739 shall be considered a base year for the purposes of reporting and accountability based on those assessments.

(b) Notwithstanding any provision in this chapter, in a school year in which the results of a new or significantly changed state standards-based assessment selected under 4 AAC 06.737 are being used for the first time for school and district accountability, the commissioner may, by notice to the districts,

(1) limit new measures of school and district accountability imposed under 4 AAC 06.800 - 4 AAC 06.899;

(2) retain existing measures of school and district accountability imposed under 4 AAC 06.800 - 4 AAC 06.899 for the previous school year for one additional school year; and

(3) reset timelines for required reporting under 4 AAC 06.738(d) and 4 AAC 06.895.

History

Authority: AS 14.03.120; AS 14.07.020; AS 14.07.060
Eff. 10/9/2015, Register 216

4 AAC 06.820 Participation {#sec-4-aac-06.820 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.820}

(a) The participation rate on the state standards-based assessments described in 4 AAC 06.737 is computed by dividing the number of students that took an assessment in each subject by the number of students enrolled in tested grades on the first day of testing. Each school and district in the state shall ensure that all students enrolled in tested grades are given the opportunity to and are expected to participate in the state assessments, and shall have a target of 95 percent participation in assessments. For purposes of this section, a student participates in a state assessment if the student receives a valid test score on the assessment.

(b) A school or district may not systematically exclude students from assessment.

(c) Students who are eligible to take the alternate assessment under 4 AAC 06.775(b) will be included in calculating the participation rate under (a) of this section, even if more than one percent of the students in a district take the alternate assessment, if the students are

(1) in a grade in which the alternate assessment is offered; and

(2) enrolled on the first day of testing.

(d) For purposes of measures of school and district accountability under 4 AAC 06.800 - 4 AAC 06.899, including measurements of participation and graduation rates, attainment of a long-term goal or measure of interim progress, and inclusion in the Alaska school performance system, the score of a student who participates in a state assessment and is enrolled at more than one school at a time will be included in the performance of the school at which the student is counted under 4 AAC 09.040 as more than 0.5 full-time equivalent. If the student cannot be counted under 4 AAC 09.040 as more than 0.5 full-time equivalent at any of those schools, the student's state assessment score and participation will be included in the performance of the school at which the student receives instruction in English language arts.

(e) A district shall report to the state the enrollment of all students as of the first day of the administration of the state standards-based assessments under 4 AAC 06.737. The report must be on a form prepared by the department, and must include the student's student identification number, school, grade, and subgroup membership. The report shall be filed not later than 21 days following the first day of administration of the assessments. If, after reviewing the report, the department determines that a school or district has underreported the number of economically disadvantaged students in a school or district, the department will use data from other sources, including confidential public assistance data, to estimate the actual number of students in that subgroup.

(f) Notwithstanding any provision in this chapter, if a district enrolls a student who is identified as an English learner under 4 AAC 34.090(2), and who has been enrolled in a school in one of the 50 states in the United States or the District of Columbia for less than 12 months, the district shall exclude

(1) the identified English learner who is recently arrived under this subsection from one administration of the state standards-based assessment in English language arts; and

(2) the identified English learner's results on any state standards-based assessment under 4 AAC 06.737 or an English language proficiency assessment under 4 AAC 34.055(c) for the first year of the student's enrollment in the school for the purposes of the school and district accountability system under 4 AAC 06.800 - 4 AAC 06.899.

(g) Notwithstanding any provision in this chapter, a district may, on a case-by-case basis, exempt an individual student from a state standards-based assessment described in 4 AAC 06.737 if an unexpected severe medical condition prevents the student from participating in the administration of the assessment. The student will not be included as part of measures of school and district accountability under 4 AAC 06.800 - 4 AAC 06.899, including measurements of participation, attainment of a long-term goal or measure of interim progress, and inclusion in the Alaska school performance system. The district shall retain documentation regarding the exemption, including medical records of the condition, with the student's permanent record and provide it to the department upon request.

(h) Repealed 10/9/2015.

(i) Except as provided in (f) and (g) of this section, a student who is counted as more than one-quarter full-time equivalent under 4 AAC 09.040 must be included in the standards-based test described in 4 AAC 06.737 or 4 AAC 06.775(b). A student who is counted as one-quarter full-time equivalent under 4 AAC 09.040 must only be included in the English language arts, mathematics, or science content-area assessment of the standards-based test under 4 AAC 06.737 if the student receives instruction in a corresponding subject and grade level.

(j) A school that misses the 95 percent participation rate target for the all-students group or any subgroup defined in 4 AAC 06.830 in English language arts, mathematics, or both for two consecutive years must create and submit an improvement plan to the district. The district must review and approve the plan for each school. The plan must be created with stakeholders and must include documentation of the communication and other efforts the school made to inform parents of the importance of participating in the statewide assessments, while recognizing parents' rights under state law regarding their child's participation in those assessments. The plan must document training that teachers have received in the importance of the assessments and how teachers may communicate with parents and students regarding the assessments. The plan must document the efforts made to encourage participation by all students in all subgroups and that no students have been systematically excluded from testing. The plan must include steps the school will take to increase the participation rate in future years. The plan must include the strategies and samples of the materials that will be used by the school and district to educate parents about the importance of assessments and their role in student learning.

History

Authority: AS 14.03.123; AS 14.07.060; AS 14.50.080 AS 14.07.020; AS 14.30.410
Eff. 11/23/2003, Register 168; am 10/24/2004, Register 172; am 10/16/2013, Register 208; am 10/9/2015, Register 216; am 4/6/2016, Register 218; am 10/20/2018, Register 228; am 12/23/2021, Register 240

4 AAC 06.821 Academic achievement indicator {#sec-4-aac-06.821 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.821}

(a) The points earned for a school's academic achievement indicator are based on the percentage of all students tested on the English language assessment and on the percentage of all students tested on the mathematics assessment described in 4 AAC 06.737 or 4 AAC 06.775(b) who score at the proficient or advanced achievement level, calculated separately. If a school meets or exceeds a 95 percent assessment participation rate under 4 AAC 06.820(a), the denominator will be all full-academic-year students with a valid score; if a school does not meet a 95 percent assessment participation rate, the denominator will be 95 percent of all full-academic-year students in tested grades three through eight and at least once in grades nine through 12 as described in 4 AAC 06.737.

(b) The points earned for a school's academic achievement indicator are calculated as follows:

(1) if the percentage of students scoring at the proficient or advanced achievement level is greater than 20 percent but less than 80 percent, the points earned are the percentage of students scoring at the proficient level or higher;

(2) if the percentage of students scoring at the proficient or advanced achievement level is less than or equal to 20 percent, the points earned are zero; and

(3) if the percentage of students scoring at the proficient or advanced achievement level is greater than or equal to 80 percent, the points earned are 100.

(c) For schools with students in grade kindergarten through grade six, the academic achievement indicator consists of the points earned as calculated in subsection (b). For schools with students in grades 7 - 12, the academic achievement indicator will include both the 10 percent weight for the achievement on the assessment and the 20 percent weight for growth on the assessment, for a combined weight of 30 percent in English language arts and 30 percent in mathematics. The academic achievement indicator consists of the points earned in subsection (b) and the points earned for student growth as calculated under 4 AAC 06.822(f)(2). The total points for the academic achievement indicator will be determined by adding one-third of the points earned under subsection (b) and two-thirds of the points earned under 4 AAC 06.822(f)(2).

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 10/20/2018, Register 228

4 AAC 06.822 Student growth indicator {#sec-4-aac-06.822 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.822}

(a) The points earned for a school's student growth indicator are based on the percentage of students who made adequate growth from the previous year based on the students' scores on the English language arts or mathematics test under 4 AAC 06.737. The department will determine whether each student has made adequate growth as set out in this section.

(b) The department will assign the appropriate sub-level to each student based on the student's score. For purposes of determining whether students made adequate growth on the English language arts or mathematics test under 4 AAC 06.737, the subject matter achievement levels defined in 4 AAC 06.739 are divided into sub-levels of advanced high, advanced low, proficient high, proficient low, approaching proficient high, approaching proficient low, needs support high, and needs support low. Calculations will be performed annually, and a value table posted on the department Internet website based on the following calculation for each grade and subject:

(1) advanced low is determined by

(A) reviewing the scale scores from the current year state summative assessment data and for each grade and subject determining the standard deviation of the mean;

(B) dividing the figure calculated under (A) of this paragraph by two and rounding to the nearest whole number;

(C) subtracting one from the figure calculated under (B) of this paragraph, and adding that figure to the lowest score in the advanced cut-score range in 4 AAC 06.739(b); the resulting figure is the highest score in the advanced low range; and

(D) using the lowest score in the advanced achievement level for the subject and grade in 4 AAC 06.739(b) to obtain the lowest score in the advanced low range.

(2) advanced high is the portion of the advanced achievement level range in 4 AAC 06.739(b) that remains after the advanced low sub-level calculated under (1) of this subsection is removed;

(3) proficient low is the bottom half of the proficient achievement level range in 4 AAC 06.739(b);

(4) proficient high is the top half of the proficient achievement level range in 4 AAC 06.739(b);

(5) approaching proficient low is the bottom half of the approaching proficient achievement level range in 4 AAC 06.739(b);

(6) approaching proficient high is the top half of the approaching proficient achievement level range in 4 AAC 06.739(b);

(7) needs support high is determined by

(A) reviewing the scale scores from the current year state summative assessment data and for each grade and subject determining the standard deviation of the mean;

(B) dividing the figure calculated under (A) of this paragraph by two and rounding to the nearest whole number;

(C) subtracting one from the figure calculated under (b) of this paragraph, and subtracting that figure from the highest score in the needs support cut-score range in 4 AAC 06.739(b); the resulting figure is the lowest score in the needs support high range; and

(D) using the highest score in the needs support achievement level for the subject and grade in 4 AAC 06.739(b) to obtain the highest score in the needs support high range;

(8) needs support low is the portion of the needs support achievement level range in 4 AAC 06.739(b) that remains after the needs support high sub-level under (7) of this subsection is removed.

(1) the student receives a valid test score in the previous year and current year;

(2) the student achieves natural grade progression from the previous year; and

(3) the student is enrolled for the full academic year in the current year.

(d) A student who scores at the proficient or advanced level in the previous year achieves adequate growth by retaining or improving the student's achievement level in the current year.

(e) A student who scores at the approaching proficient or needs support level in the previous year achieves adequate growth by improving the achievement sub-level from the previous year.

(f) The department will

(1) determine the points for a school's growth indicator for school accountability by dividing the number of eligible students making adequate growth by the number of students eligible to be counted; and

(2) determine the points earned for a school's growth indicator as follows

(A) if the percentage of students making adequate growth is greater than 20 percent but less than 80 percent, the points earned will be the percentage of students making adequate growth;

(B) if the percentage of students making adequate growth is less than or equal to 20 percent, the points earned are zero; and

(C) if the percentage of students making adequate growth is greater than or equal to 80 percent, the points earned are 100.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 10/20/2018, Register 228; am 11/28/2019, Register 232; am 5/24/2023, Register 246; am 9/21/2024, Register 251

4 AAC 06.823 English learner progress indicator {#sec-4-aac-06.823 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.823}

(a) The points earned for a school's English learner progress indicator are based on the percentage of English learners who make progress in learning English from the previous year based on the students' scores on the English language proficiency assessment under 4 AAC 34.055.

(b) To determine whether each student has made progress the department will consider the maximum number of years that a student is expected to remain identified as an English learner after the initial year of identification as dependent on the overall score on the English language proficiency assessment in the initial year of identification. For an overall score of 1.0 - 1.9, the expected number of years remaining is seven; for an overall score of 2.0 - 2.9, the expected number of years is six; for an overall score of 3.0 - 3.9, the expected number of years is five; and for an overall score of 4.0 - 4.4, the expected number of years is four. The expected number of years remaining is a maximum for the purpose of determining if an English learner is making progress in learning English. If the English learner does not meet the exit criteria under 4 AAC 34.055(d) within the maximum expected number of years, the student will remain identified as an English learner, but will no longer be able to be considered as making progress. The department will determine an English learner's expected amount of progress in learning English each year by dividing the difference between 4.5 and the student's previous year's overall composite proficiency level score on the English language proficiency assessment by the expected number of years remaining. The English learner's target for the current year is the overall score on the previous year plus the expected amount of progress. If the student's score on the current year's English language proficiency assessment is at or above the target, of if the student meets the exit criteria under 4 AAC 34.055(d), the student is counted as making progress in learning English.

(c) An English learner in grades 1 - 12 will be included in the calculation for making progress if all the following criteria are met:

(1) the student received a valid overall composite proficiency level score in a previous year used to determine the number of years needed to achieve an overall composite proficiency level of 4.5; and

(2) the student is enrolled for the full academic year in the current year.

(d) The department will determine the points for the school's English learner progress indicator under this subsection. First, the English learner progress indicator for school accountability will be calculated by dividing the number of full-academic-year English learners in grades 1 - 12 who met the definition of making progress by the number of full-academic-year English learners with progress targets. Next, the points earned for a school's English learner progress indicator are calculated as follows:

(1) if the percentage of students making progress is greater than 20 percent but less than 80 percent, the points earned are the percentage of students making progress;

(2) if the percentage of students making progress is less than or equal to 20 percent, the points earned are zero; and

(3) if the percentage of students making progress is greater than or equal to 80 percent, the points earned are 100.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 10/20/2018, Register 228

4 AAC 06.825 Graduation rates indicator {#sec-4-aac-06.825 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.825}

(a) A school serving students in grade 12 will earn points for the graduation rate indicator using graduation rates from the previous academic year. A school will earn between zero and 100 points for the four-year graduation rate for the all-students group, and between zero and 100 points for the five-year graduation rate for the all-students group as defined in (b) of this section. At least 10 students must be in the adjusted graduation rate cohort in order to include the graduation rate indicator in the school's performance score.

(b) For purposes of this section and 4 AAC 06.895(i),

(1) "five-year graduation rate" means a fraction, the denominator of which is an adjusted graduation cohort consisting of the sum of the number of students who first enrolled in the ninth grade five years earlier, adjusting for transfers in and out, émigrés, and deceased students, and the numerator of which is the number of students in the school who graduate

(A) on or before June 30 of the reporting year;

(B) with a regular high school diploma; and

(2) "four-year graduation rate" means a fraction, the denominator of which is an adjusted graduation cohort consisting of the sum of the number of students who first enrolled in the ninth grade four years earlier, adjusting for transfers in and out, émigrés, and deceased students, and the numerator of which is the number of students in the high school who graduate from the high school

(A) before June 30 of the reporting year;

(B) with a regular high school diploma; and

(3) "graduation rate" means the

(A) four-year graduation rate; or

(B) five-year graduation rate.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 7/9/2005, Register 175; am 11/10/2005, Register 176; am 8/1/2008, Register 187; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.826 Indicators of school quality or student success {#sec-4-aac-06.826 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.826}

(a) Chronic absenteeism will be included as an indicator of school quality or student success for all schools in which student attendance can be measured. Attendance cannot be measured in correspondence schools or facilities in which students are incarcerated. A school will earn between zero and 100 points for the percentage of students who are not chronically absent. A student is considered chronically absent if the student missed at least 10 percent of the days in which the student was enrolled in the school. To determine the points for chronic absenteeism;

(1) the denominator for chronic absenteeism is the number of students who were enrolled at the same school for at least half of the school term;

(2) the numerator is the number of students enrolled at the same school for at least half of the school term who were not chronically absent; in this section, "school term" has the meaning given in AS 14.03.030.

(b) Grade three English language arts proficiency is included as an indicator of school quality or student success for a school serving students in grade three. A school will earn between zero and 100 points for the percentage of students in the all-students group scoring at the proficient or advanced achievement levels on the statewide assessment in English language arts under 4 AAC 06.737 or 4 AAC 06.775(b). If the school meets or exceeds a 95 percent assessment participation rate under 4 AAC 06.820(a), the denominator will be all full-academic-year students in grade three with a valid score; if a school does not meet a 95 percent assessment participation rate, the denominator will be 95 percent of all full-academic-year students in grade three. The points earned for school's grade three English language arts proficiency indicator are calculated as follows:

(2) if the percentage of students scoring at the proficient or advanced achievement level is less than or equal to 20 percent, the points earned are zero; and

(3) if the percentage of students scoring at the proficient or advanced achievement level is greater than or equal to 80 percent, the points earned are 100.

History

Authority: AS 14.03.123; AS 14.07.020; AS 14.07.060
Eff. 10/20/2018, Register 228

4 AAC 06.830 Subgroups {#sec-4-aac-06.830 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.830}

(a) For purposes of school and district accountability under 4 AAC 06.800 - 4 AAC 06.899, including reporting requirements and the determination of a school's or district's long-term goals and measures of interim progress, as required in 4 AAC 06.815, the results of performance on all indicators in the Alaska school performance system will be reported for the all-student group and for the following subgroups of students:

(1) English learners;

(2) students with disabilities;

(3) economically disadvantaged students;

(4) African-Americans;

(5) Alaska Natives and American Indians;

(6) students of two or more races;

(7) Asians or Pacific Islanders;

(8) Hispanics;

(9) Whites.

(b) A district may not report assessment results for a subgroup with fewer than five students.

(c) For purposes of school and district accountability under 4 AAC 06.815 and the Alaska school performance system under 4 AAC 06.812, a district shall report assessment results for a student who has been identified as a student with a disability in the appropriate subgroup for two years after the student is no longer identified as a student with a disability. For purposes of school and district accountability under 4 AAC 06.815, and the Alaska school performance system under 4 AAC 06.812, a district shall report assessment results for a student who has been identified as an English learner in the appropriate subgroup for four years after the student is no longer identified as an English learner.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 9/11/2004, Register 171; am 1/19/2006, Register 177; am 10/22/2006, Register 180; am 8/1/2008, Register 187; am 10/3/2011, Register 200; am 10/16/2013, Register 208; am 10/20/2018, Register 228

4 AAC 06.835 Star ratings {#sec-4-aac-06.835 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.835}

Repealed.

History

Eff. 11/23/2003, Register 168; am 7/9/2005, Register 175; am 9/4/2005, Register 175; am 8/20/2010, Register 195; am 10/16/2013, Register 208; am 11/13/2014, Register 212; repealed 10/20/2018, Register 228

4 AAC 06.840 Designations of schools {#sec-4-aac-06.840 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.840}

(a) The department will annually designate schools for comprehensive support and improvement if:

(1) beginning in the fall of 2018, based on data from the 2017 - 2018 school year, a school receiving funding under 20 U.S.C. 6301 - 6339 (Part A of Title I of the Elementary and Secondary Education Act), when ranked according to the Alaska school performance system scores against other schools receiving funding under 20 U.S.C. 6301 - 6339 (Part A of Title I of the Elementary and Secondary Education Act), represents the lowest five percent of the scores;

(2) beginning in the fall of 2018, based on data from the 2017 - 2018 school year, a high school serving grade 12 that has a four-year graduation rate of less than or equal to 662/3 percent, with a minimum of at least ten students in the graduation rate adjusted cohort;

(3) beginning in fall of 2021, schools designated for targeted support and improvement for the same consistently underperforming subgroup for the previous three consecutive years.

(b) (1) In identifying schools for comprehensive support and improvement, the department will ensure that the number of designated schools that are receiving funding under 20 U.S.C. 6301 - 6339 (Part A of Title I of the Elementary and Secondary Education Act) is at least five percent of all schools in the state receiving funding under 20 U.S.C. 6301 - 6339.

(2) Schools designated for comprehensive support and improvement will maintain the designation until the school meets one of the criteria in this subsection.

(3) A school designated for comprehensive support and improvement based on the lowest five percent of the Alaska school performance system scores keeps that designation for three years.

(4) After three years, the school will be exited from the designation of comprehensive support and improvement if the school no longer meets the lowest five percent criteria for designation and if the school's Alaska school performance system score has improved since the comprehensive support and improvement designations.

(5) A school may also be exited from the designation of comprehensive support and improvement if the school meets the school's long-term goal or measures of interim progress for the all-students' group in academic achievement in English language arts and mathematics, in the four-year graduation rate, and in English learner progress, if applicable. A school designated for comprehensive support and improvement based on a four-year graduation rate of less than or equal to 662/3 percent will be exited from the designation of comprehensive support and improvement when the school's graduation rate exceeds 662/3 percent. A school designated for comprehensive support and improvement based on the same consistently underperforming subgroup will be exited from the designation of comprehensive support and improvement when the Alaska school performance system scores for all subgroups in the school indicate that the subgroup for which the school was identified is no longer consistently underperforming and the subgroup's Alaska school performance system score has improved since the designation for comprehensive support and improvement.

(c) The department will designate a school annually for targeted support and improvement if the school has not been designated for comprehensive support and improvement but has one or more consistently underperforming subgroups. The department will determine a subgroup consistently underperforming if the Alaska school performance system score for that subgroup in a school is equal to or less than the highest Alaska school performance system score of the schools designated for comprehensive support and improvement under (a) of this section based on the lowest performing five percent. Schools will be first designated for targeted support and improvement in the fall of 2018, and will be designated annually thereafter. A school designated for targeted support and improvement will be exited from the designation of targeted support and improvement when the Alaska school performance system scores for all subgroups in the school indicate that the school has no consistently underperforming subgroups and the Alaska school performance system scores for the subgroups that led to the initial designation have improved.

(d) The department will designate schools for universal support annually if the school receives an Alaska school performance score and the school is not designated for comprehensive support and improvement or targeted support and improvement.

(e) For a school that enrolls students only in grades kindergarten, one or two, the department will report the Alaska school performance system score and designation of the school that enrolls students in grade three that receives the students from the school.

(f) For schools that do not receive a performance score under 4 AAC 06.812, the department will conduct a small school performance review. The department will designate a school that does not receive a performance system score under 4 AAC 06.812(d) and (e) with a small schools designation. A small schools designation will include one of the following:

(1) small school comprehensive support and improvement;

(2) small school targeted support and improvement; or

(3) small school universal support.

(g) In order to protect personally-identifiable student information under (f) of this section, the department will conduct a small school performance review for schools that do not receive a performance system score under 4 AAC 06.812. The performance review will consider:

(1) the achievement of the school's students on the state standards-based assessments described in 4 AAC 06.737, including the distribution of the students' scores among the achievement levels and whether or not the school is meeting the long-term goals or measurements of interim progress under 4 AAC 06.815 and the participation rate under 4 AAC 06.820 in the assessments.

(2) the growth of the school's students under 4 AAC 06.822;

(3) the school's graduation rate under 4 AAC 06.825;

(4) the progress of the school's English learners under 4 AAC 06.823;

(5) the performance of the school's students on the applicable school quality and student success indicators under 4 AAC 06.826;

(6) whether the school serves a unique population of students; and

(7) other information and data received during a desk audit, including the consultation with the superintendent of the district regarding the extent to which the school and district have already implemented effective evidence-based instructional strategies at the school.

(h) A school that receives a designation for small school comprehensive support and improvement or targeted support and improvement will complete a comprehensive support and improvement plan under 4 AAC 06.864 or 4 AAC 06.868 that addresses the indicators applicable to the school. The department will conduct a small school performance review annually. A school designated for small school comprehensive support and improvement or for small school targeted support and improvement will exit the designation immediately after the small school performance review indicates that the school no longer requires the designation.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 9/1/2006, Register 179; am 7/25/2007, Register 183; am 10/16/2012, Register 204; am 10/16/2013, Register 208; am 10/20/2018, Register 228

4 AAC 06.845 School improvement plan {#sec-4-aac-06.845 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.845}

(a) Not later than 150 days after receiving notice of designation for comprehensive support and improvement under 4 AAC 06.840(a) or targeted support and improvement under 4 AAC 06.840(b), a district or school shall prepare a school improvement plan as required under 4 AAC 06.864 or 4 AAC 06.868 as applicable. The district or school shall review, revise, and update the applicable school improvement plan at least annually, and submit it to the department or district as applicable.

(b) Unless the department approves an alternative improvement planning process under (c) of this section, a school or district shall prepare the school improvement plan required under (a) of this section for a school designated for comprehensive support and improvement or targeted support and improvement through the use of a computerized self-assessment and improvement program selected by the department that addresses each of the following domains of successful schools:

(1) curriculum;

(2) assessment policy and practice;

(3) instruction;

(4) school learning environment;

(5) professional development policy and practices;

(6) leadership.

(1) the school demonstrates that it is implementing an effective school improvement plan through the accreditation process under 4 AAC 04.300; or

(2) the district in which the school is located can establish by a preponderance of the evidence that the school has an alternative school improvement planning process that will address as or more effectively than the program selected by the department

(A) each of the domains listed in (b) of this section; and

(B) each specific deficiency at the school identified by an audit or other process.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 11/1/2007, Register 184; am 10/16/2013, Register 208; am 11/13/2014, Register 212; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.850 District improvement plan {#sec-4-aac-06.850 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.850}

(a) A district shall prepare and submit to the department a district improvement plan, or the department may prepare a district improvement plan for the district, if a district has been designated as tier II or tier III under 4 AAC 06.872(a). The district improvement plan must be submitted to the department not later than 150 days from receiving notice of school designations each school year. The improvement plan must be submitted in a format or computerized platform as required by the department, unless the department approves an alternative format or platform.

(b) The district improvement plan must address how the district will ensure improvement in schools in the district designated for comprehensive support and improvement under 4 AAC 06.840(a) or targeted support and improvement under 4 AAC 06.840(b). The plan must address:

(1) technical assistance to be provided to each school, based on the unique needs of the school;

(2) how the district will review and approve evidence-based interventions for implementation at a designated school;

(3) how the district will identify and rectify any resource inequities in state, local, or federal funding at a designated school;

(4) how the district will support collaboration with stakeholders (including principals and other school leaders, teachers, secondary students, parents and community members and tribal representatives) at a designated school;

(5) how the district will support a designated school in addressing each of the domains of successful schools:

(A) curriculum;

(B) assessment policy and practice;

(D) school learning environment;

(E) professional development policy and practices;

(F) leadership; and

(6) how the district will work with the department to identify and obtain needed technical assistance and support.

(c) Upon approval by the department, the district will implement the plan. Each district improvement plan will be monitored and periodically reviewed by the department. If the schools in the district designated for comprehensive support and improvement under 4 AAC 06.840(a) or targeted support and improvement under 4 AAC 06.840(b) are not showing improvement, the department may require revisions to the district improvement plan under 4 AAC 06.872.

History

Authority: AS 14.03.123; AS 14.07.030; AS 14.50.080 AS 14.07.020; AS 14.07.060
Eff. 11/23/2003, Register 168; am 9/12/2008, Register 187; readopt 10/25/2008, Register 188; am 8/20/2012, Register 203; am 10/16/2013, Register 208; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.852 Technical assistance {#sec-4-aac-06.852 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.852}

Repealed.

History

Eff. 11/23/2003, Register 168; am 10/16/2013, Register 208; repealed 10/20/2018, Register 228

4 AAC 06.855 School choice {#sec-4-aac-06.855 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.855}

Repealed.

History

Eff. 11/23/2003, Register 168; am 8/19/2009, Register 191; repealed 10/16/2013, Register 208

4 AAC 06.860 Supplemental education services {#sec-4-aac-06.860 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.860}

Repealed.

History

Eff. 11/23/2003, Register 168; repealed 10/16/2013, Register 208

4 AAC 06.864 Schools designated for comprehensive support and improvement {#sec-4-aac-06.864 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.864}

(a) The department must notify each district in the state that serves one or more schools designated for comprehensive support and improvement under 4 AAC 06.840(a) of a designation under 4 AAC 06.868.

(b) Upon receiving notice from the department, the district shall, for each school designated for comprehensive support and improvement, and in partnership with stakeholders (including principals and other school leaders, secondary students, teachers, parents and community members, tribal representatives, and at least one member selected by the department), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that

(1) is informed by all indicators described in 4 AAC 06.812 - 4 AAC 06.826, including student performance against long-term goals;

(2) includes evidence-based interventions;

(3) is based on a school-level needs assessment;

(4) identifies resource inequities, which may include a review of district- and school-level budgeting, to be addressed through implementation of the comprehensive support and improvement plan;

(5) is approved by the school, district, and the department; and

(6) upon approval and implementation, is monitored and periodically reviewed by the department.

(1) curriculum;

(2) assessment policy and practice;

(3) instruction;

(4) school learning environment;

(5) professional development policy and practices;

(6) leadership.

(d) If a school designated for comprehensive support and improvement was previously designated as a priority school, or if the school does not show improvement at the end of the first year of designation, the department may require the school to implement interventions including

(1) adoption and implementation of reading and mathematics programs that are aligned to the state content standards adopted under 4 AAC 04.140 and specified blocks of time for instruction;

(2) processes in place to facilitate collaborative discussions by teaching staff regarding individual student progress at least weekly;

(3) regular use of assessments approved by the department that provide feedback for adjustment of ongoing teaching and learning in order to improve achievement of intended instructional outcomes;

(4) establishing a school environment that improves school safety and discipline, and addresses students' social, emotional, and health needs, including implementation of a school-wide behavior plan; and

(5) school-level instructional management that provides professional development and technical assistance to staff, addresses instruction in the state content standards, and ensures that teachers are effective.

(e) With respect to any high school designated for comprehensive support for a low graduation rate under 4 AAC 06.840(a)(2) that predominantly serves students returning to education after having exited secondary school without a regular high school diploma; or who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements, the district may develop and implement a comprehensive support and improvement plan for the school that is informed by the graduation rate indicator and includes differentiated improvement activities that use evidence-based interventions related to the needs of the students served by the school.

(f) With respect to a high school designated for comprehensive support for a low graduation rate under 4 AAC 06.840(a)(2) that has a total enrollment of less than 100 students, the department may permit the district to forgo implementation of improvement activities required under this section.

(g) A district may, but is not required to, provide all students enrolled in a school identified for comprehensive support and improvement under 4 AAC 06.840 with the option to transfer to another public school served by the district. In providing students the option to transfer to another public school, the district shall give priority to the lowest-achieving children from low-income families, as determined by the district for the purposes of allocating funds to schools under Title I, Part A. A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school. A district shall permit a student who transfers to another public school under this paragraph to remain in that school until the student has completed the highest grade in that school. A district may spend an amount equal to not more than 5 percent of its allocation under Title I, Part A, to pay for transportation for students who transfer under this paragraph to the public schools if the school to which the student transfers is within 50 miles of the student's home and is connected by a road.

(h) The department and district will assess the progress of each school designated for comprehensive support and improvement during each year of designation. Upon failure to exit comprehensive support and improvement status after three years, the department will initiate differentiated interventions based on need leading to increased levels of department oversight as described in 4 AAC 06.872.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 10/16/2013, Register 208; am 10/20/2018, Register 228; am 9/5/2025, Register 255

4 AAC 06.865 Corrective action {#sec-4-aac-06.865 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.865}

Repealed.

History

Eff. 11/23/2003, Register 168; repealed 10/16/2013, Register 208

4 AAC 06.868 Schools designated for targeted support and improvement {#sec-4-aac-06.868 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.868}

(a) The department will notify each district in the state that serves one or more schools designated for targeted support and improvement under 4 AAC 06.840 and 4 AAC 06.880. On receiving notice from the department, the district shall notify each school that is designated for targeted support and improvement with respect to the subgroup or subgroups of students in the school that are consistently underperforming as described in 4 AAC 06.840(b).

(b) The district in which each school designated for targeted support and improvement is located shall ensure that each school, in partnership with stakeholders, including principals and other school leaders, teachers, secondary students, parents and community members, and tribal representatives, locally develop and implement a targeted support and improvement plan for the school to improve student outcomes for each subgroup of students that is subject of the designation, that

(1) is informed by all indicators described in 4 AAC 06.812 - 4 AAC 06.826, including student performance against long-term goals;

(2) includes evidence-based interventions;

(3) is based on a school-level needs assessment;

(4) identifies resource inequities, which may include a review of district- and school-level budgeting, to be addressed through implementation of the targeted support and improvement plan;

(5) is approved by the district prior to implementation of the plan; and

(6) upon approval and implementation, is monitored and periodically reviewed by the district.

(c) Each school year, not later than 60 days after designations are received by the district and after consultation with and approval of the department, a district shall increase the level of intervention in a school designated for targeted support and improvement if the annual review of the performance of the students in the subgroup on the indicators described in 4 AAC 06.812 - 4 AAC 06.826, including student performance against long-term goals, shows that the subgroups for which the designation of targeted support and improvement were based have not made significant progress.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 10/16/2013, Register 208; am 11/13/2014, Register 212; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.870 Restructuring {#sec-4-aac-06.870 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.870}

Repealed.

History

Eff. 11/23/2003, Register 168; am 8/19/2009, Register 191; repealed 10/16/2013, Register 208

4 AAC 06.872 State system of support and intervention {#sec-4-aac-06.872 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.872}

(a) For purposes of determining the level of state support and oversight to be provided to a district, not later than 60 days after the release of school designations each year, the department will designate each district in the state as a tier I, tier II, or tier III district. A tier III district receives the most state support and oversight; a tier I district the least.

(b) A district will be designated

(1) as tier III if it has at least one school designated for comprehensive support and improvement under 4 AAC 06.840(a)(1);

(2) as tier II if

(A) at least 25 percent of the schools in the district are designated for comprehensive support and improvement or targeted support and improvement under 4 AAC 06.840(a) or (b);

(B) at least 25 percent of the students in the district attend a school designated for targeted support and improvement under 4 AAC 06.840(b);

(C) an instructional or desk audit at the district or schools in the district demonstrates significant deficiencies in the domains identified in 4 AAC 06.845(b); or

(D) an instructional or desk audit at the district shows that one or more subgroups in the district is not making progress toward the subgroup's long-term goals or measures of interim progress under 4 AAC 06.815.

(c) The department will determine the level of support and state oversight of a district or a school within a district designated as tier II or tier III. In making this determination, the department will consult with the superintendent of the district in which the school is located and will consider:

(1) the performance of schools and subgroups in the district on the indicators within the Alaska school performance system, including whether the performance of schools or subgroups has improved or decreased over a period of years;

(2) a school's failure to exit comprehensive support and improvement status after three years;

(3) the number and percentage of schools in the district designated for comprehensive support and improvement or targeted support and improvement;

(4) the number and percentage of students in the district that attend schools designated for comprehensive support and improvement;

(5) the results of a review of resource allocations from state, local, and federal funds used to support school improvement in schools identified for comprehensive or targeted support and improvement in the district;

(6) the results of any desk audit or instructional audit at the district or a school in the district, including any information provided by the superintendent of the district during the consultation with the superintendent during the audit; and

(7) other evidence that relates to the district's need for support and oversight.

(d) A district may request that the department conduct a desk audit or an instructional audit at one or more schools in the district, or of the district as a whole. As part of either the desk audit or instructional audit process, the department may require a school or district to provide additional information, including a self-assessment. To the extent permitted under federal law, the department may use federal programmatic funds allocated to the district to pay the cost of an instructional audit. If a district requests a desk or instructional audit, the department may require that the district pay some or all of the cost of the audit.

(e) After the department has determined under (c) of this section that a district, or a school within a district, would benefit from an increased level of support and state oversight, the department will send notice of this determination to the district in which the school is located. In the notice, the department will inform the district of the reasons for the designation and the timetable for implementation of the district improvement plan developed under 4 AAC 06.850. Not later than 30 days after receiving the notice, the district shall take action under the timetable as required by the department, and shall verify in writing to the department that it has taken that action.

(f) The state level of support and oversight provided by the department to a tier II or tier III district will be tailored to the needs of the district or a school. The department will assist a tier III district regarding the implementation of the district improvement plan at a school in the district, unless the commissioner determines that assistance is not required. The department may assist a tier II district. Assistance may be provided by department personnel or by a contractor, and may include a site visit. The department may redirect money from the district's funding under AS 14.17 to pay for services by a contractor that the commissioner determines are necessary under this section.

(g) The department may intervene in a school or district under AS 14.07.030(14) and (15), including redirecting funding or replacement of personnel with supervisory authority over the instructional practices at the school or district if

(1) a school's Alaska school performance system score that the department identified as a reason for implementing a program for improvement does not improve;

(2) a school or district is not meeting or making progress towards its long-term goals and measures of interim progress for either the all-students group or any individual subgroup;

(3) an instructional audit at the district reveals deficiencies in the district in the domains under 4 AAC 06.845(b); or

(4) a district or school does not fully and timely implement with commitment a program that is required under

(A) this section;

(B) a school improvement plan under 4 AAC 06.845;

(h) In intervening in a school within a district, the department may require the district to implement or amend evidence-based interventions in the school. The department may

(1) determine the evidence-based interventions to be implemented at the school, or

(2) choose to convene a strategic planning and support team with the authority to recommend and direct evidence-based interventions based upon the need and readiness of the school, as appropriate and as resources allow; the strategic planning and support team may include the Commission of Education and Early Development or designee, department program staff, district staff, school staff, parents, tribal representatives, community members, and regional school boards; and required interventions may involve one or more of the following:

(A) external or internal independent review of student achievement data, curriculum effectiveness, instructional practices, school improvement priorities, behavioral supports, and community engagement efforts;

(B) audit of resource allocation at the district or school level;

(C) on-site evaluation of school improvement practices or mandatory off-site school improvement work sessions/interviews;

(D) periodic distance or onsite stakeholder and department calls to assess and support school improvement efforts;

(E) new comprehensive support and improvement plans written with department input and oversight;

(F) assignment of a school improvement coach to a district or school;

(G) more focused training or technical assistance;

(H) district and department level direction of school improvement funds, other applicable federal funds, or other state or local funds toward required interventions such as cohesive professional development and leadership development;

(I) replacement of teachers and principals; or

(J) any other intervention allowable by law that is likely to improve student achievement and success.

(i) If a district fails to take the action required under this section, the department may, after notice to the district and an opportunity for the district to respond, cause the district's funding under AS 14.17 to be directed to pay for the action or to a holding account for the district until the action is completed. Before requiring action under this subsection, the department will consider the

(1) comments from the superintendent and local school board of the district;

(2) action taken by the district to improve the school;

(3) number of years the school has been identified under this section; and

(4) factors listed in (b) and (c) of this section.

(j) The department will undertake an action under (g) of this section only after

(1) giving the district notice and opportunity to be heard;

(2) consideration of alternatives; and

(3) the department determines in writing that the action will likely increase student achievement at the school or district.

(k) The department will cease an intervention under AS 14.07.030(14) or (15) at a district if each school designated for comprehensive support and improvement in the district meets the criteria under 4 AAC 06.840 to be exited from the designation of comprehensive support and improvement. A district may petition the department at any time to cease or continue an intervention taken by the department or a designation of a district as a tier III district under this section. In considering whether to grant a petition under this subsection, the department will consider the

(1) factors described in (a) and (b) of this section; and

(2) the public interest.

(l) A district may petition the department at any time to cease or continue an intervention taken by the department under this section. In considering whether to grant a petition under this subsection, the department will consider the factors described in (a) and (b) of this section, and the public interest.

(m) Notwithstanding any other provision of this section, the department will not take action under this section unless it has reached a conclusion, after consideration of the evidence, that its action will likely improve student achievement.

(n) Compliance with this section does not necessarily constitute compliance with a district's other responsibilities for school or district improvement under 4 AAC 06.800 - 4 AAC 06.899.

History

Authority: AS 14.03.123; AS 14.07.030; AS 14.50.080 AS 14.07.020; AS 14.07.060
Eff. 9/12/2008, Register 187; readopt 10/25/2008, Register 188; am 10/16/2013, Register 208; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.875 Opportunity to review data {#sec-4-aac-06.875 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.875}

(a) The department shall provide a notice to each district of the preliminary designations for each school under 4 AAC 06.840 before the final scores and designations are made available to the public. In the notice, the department shall include an opportunity for the district to review the school-level data, including state assessment data, on which the preliminary designation is based.

(b) If the district believes that the preliminary designation is in error for statistical or other substantive reasons, the district may, within 10 working days after the district receives the preliminary designation for the school, provide supporting evidence to the department. The department shall consider the evidence before making a recommendation to the commissioner regarding a final score and designation. The commissioner or the commissioner's designee will consider the recommendation and the evidence before deciding upon a final score and designation.

(c) Not later than 20 working days after the district receives notice of the preliminary score and designation, the commissioner or the commissioner's designee will issue a final determination on the score and designation of a school for which the district provided supporting evidence in accordance with (b) of this section.

(d) Repealed 10/16/2013.

(e) Repealed 10/16/2013.

(f) Repealed 10/16/2013.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 10/16/2013, Register 208; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.880 Notice {#sec-4-aac-06.880 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.880}

(a) The department shall notify each district in the state that serves one or more schools designated for comprehensive support and improvement under 4 AAC 06.840(a) or targeted support and improvement of such designation under 4 AAC 06.840(b) not later than September 1 of each year per AS 14.03.123(a).

(b) If the department designates a school for comprehensive support and improvement or targeted support and improvement under 4 AAC 06.840, the district shall promptly notify the parents of each student enrolled in the school of the designation. The notice must include

(1) an explanation of what the designation means, and how the school compares in terms of academic achievement to other elementary and secondary schools served by the district and the state;

(2) the reasons for the designation; and

(3) an explanation of how parents can become involved in developing the school improvement plan to address issues that led to the designation.

(c) The district or school shall ensure that, regardless of the method or media used, it provides the information required by this section to parents

(1) in an understandable and uniform format, including alternative formats upon request; and

(2) to the extent practicable, in a language that parents can understand.

(d) The district or school shall provide information to parents through

(1) regular mail, electronic mail, or another direct means; and

(2) indirect means of dissemination, including the Internet, publications, broadcasting, and notices from public agencies serving students and their families.

(e) Communications must respect the privacy of students and their families.

(f) A district shall publish and disseminate to the parents of each student enrolled in the school, and to the public, information regarding any action taken by a school and the district to address the problems that led to designation of the school for comprehensive support and improvement or targeted support and improvement under 4 AAC 06.840, including

(1) an explanation of what the school is doing to address the problem of low performance or graduation rate;

(2) an explanation of what the district or department is doing to help the school address the problem of low performance or graduation rate; and

(3) if applicable, a description of specific interventions being undertaken by the district in a school under 4 AAC 06.864 or 4 AAC 06.868.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 8/19/2009, Register 191; am 10/16/2013, Register 208; am 10/20/2018, Register 228

4 AAC 06.882 Ranking of schools {#sec-4-aac-06.882 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.882}

Repealed.

History

Eff. 8/20/2010, Register 195; repealed 10/16/2013, Register 208

4 AAC 06.883 Jury service exemption {#sec-4-aac-06.883 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.883}

A teacher employed by a school that is currently identified for comprehensive support and improvement under 4 AAC 06.840 is eligible for the jury service exemption described under AS 09.20.030(b).

History

Authority: AS 09.20.030; AS 14.07.020; AS 14.07.060
Eff. 3/6/2015, Register 213; am 10/20/2018, Register 228

4 AAC 06.885 School recognition {#sec-4-aac-06.885 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.885}

(a) The department will recognize a school as a highest performing school if

(1) the school is in the highest 10 percent of all schools in the state on the Alaska school performance system score under 4 AAC 06.812 for two consecutive school years; and

(2) the school has met the school's measures of interim progress toward all applicable long-term goals under 4 AAC 06.815 for the most recent school year for all students and all subgroups under 4 AAC 06.830.

(b) The department will recognize a school as a high progress school if

(1) the school received an Alaska school performance system score under 4 AAC 06.812; and

(2) the school has met the school's measures of interim progress toward all applicable long-term goals under 4 AAC 06.815 for one or more subgroups for two consecutive school years.

(c) The department will publish the names of all schools recognized under this section and will provide those schools with rewards and opportunities. The district in which a school recognized under this section is located shall publish the name of the school within the district, and shall provide rewards to the school.

(d) For purposes of this section, the first year of school recognition will be for the 2019 - 2020 school year based on the Alaska school performance system scores for 2018 - 2019 and 2019 - 2020.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 7/9/2005, Register 175; am 8/1/2008, Register 187; am 10/16/2013, Register 208; am 3/19/2014, Register 209; am 10/20/2018, Register 228

4 AAC 06.888 Informal review of complaints {#sec-4-aac-06.888 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.888}

(a) A person may file a complaint with the department alleging that the school district or the department has failed to comply with the requirements of the federal programs under 20 U.S.C. 6301 - 7981 (Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act), 42 U.S.C. 11431 - 11434A McKinney-Vento Homeless Assistance Act, regulations implementing the federal requirements, or requirements of state programs under AS 14.03.123, 4 AAC 06.800 - 4 AAC 06.899, or other school law of the state under AS 14.07.070, or regulations implementing the state requirements, and seeking informal review under this section of those allegations. For a complaint to be reviewed, it must include

(1) a statement describing the provision of law that the school district or department has allegedly violated;

(2) a statement of the facts that the complainant alleges establish the violation;

(3) the name and address of the complainant; and

(4) documentation that shows that the complainant first presented the complaint to the school district, if the complaint alleges that the school district committed the violation.

(b) Unless a complaint is rejected under (d) of this section, within 10 days after receiving a complaint, the department will assign an investigator to conduct an informal review of the complaint. The investigator must be an employee of the department, may not have taken part in the action that is the subject matter of the complaint, and may not have a personal or financial interest in the subject matter of the complaint. In reviewing the complaint, the investigator may interview the complainant or employees of the respondent, and may request information and documents from the complainant or respondent that the investigator considers necessary for a complete review.

(c) Within 60 days after the date that the department assigned the investigator, the investigator shall submit, to the commissioner, complainant, and respondent, a written statement that

(1) the complainant did not provide complete information for the investigator to review, that the commissioner need not respond to the complaint, and that the investigator's recommendation does not bar the

(A) commissioner from taking additional action based on the information already received; or

(B) complainant from either submitting a new complaint with the additional necessary information or pursuing remedies available under state or federal law;

(2) the complainant's allegations, even if true, do not establish a violation of a law identified in the complaint, that the commissioner need not respond to the complaint, and that the investigator's recommendation does not bar the

(A) commissioner from rejecting the investigator's recommendation and taking additional action; or

(B) complainant from pursuing remedies available under state or federal law; or

(3) the complainant's allegations and the information made available to the investigator establish that a violation of a law identified in the complaint is likely to have occurred, that if the respondent does not correct or stop the violation, the investigator recommends that the department take additional action, including the initiation of procedures to withhold funding under 20 U.S.C. 6301 - 7981 or AS 14.07.070 if the respondent is a school district, and that the investigator's recommendation does not bar the

(A) commissioner from rejecting or declining to act upon the investigator's recommendation; or

(B) complainant from pursuing remedies available under state or federal law.

(d) The department will reject a complaint filed under (a) of this section if the alleged violation occurred more than six months before the date that the complaint is filed or if, based on the alleged violation, a specific process for complaint is set out elsewhere in statute or regulation. If a complaint is rejected, the department will notify the complainant not more than 10 business days after receiving the complaint and may refer the complainant to another department, agency, or organization.

(e) If the respondent is a school district and the investigator's written statement under (c)(3) of this section concludes that a violation is likely to have occurred,

(1) not later than 30 days after the written statement, the respondent shall submit documentation of compliance or a plan of compliance to the department; and

(2) not later than 60 days after the written statement, the commissioner will consider the written statement and the compliance documentation submitted by the respondent and make a determination whether to take further action.

(f) If under (e) of this section the commissioner determines to withhold funding from a school district under AS 14.07 .070, the commissioner will issue a notice of intent to withhold funding to the respondent. A notice of intent under this subsection is an action of the department that may be appealed under 4 AAC 40.010 - 4 AAC 40.050.

History

Authority: AS 14.03.123; AS 14.07.030; AS 14.07.070 AS 14.07.020; AS 14.07.060; AS 14.50.080
Eff. 9/1/2006, Register 179; am 10/20/2018, Register 228; am 9/5/2025, Register 255

4 AAC 06.895 Report card to the public {#sec-4-aac-06.895 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.895}

(a) Each public school and district in the state shall comply with the reporting requirements of AS 14.03.120 and the requirements of this section. Each school shall prepare a school report, to be entitled School Report Card to the Public, following requirements provided by the department. Each district shall prepare a district report, to be entitled School District Report Card to the Public, following requirements provided by the department.

(b) A school shall disseminate its School Report Card to the Public as required under AS 14.03.120(d). A district shall disseminate its School District Report Card to the Public and the School Report Card to the Public for each school in the district by providing required data to the department, posting the report cards on the Internet if the district maintains a website, and any other means of distribution the district chooses, not later than 30 days after the department has made all necessary data available to districts. Each district shall ensure that parents of the students in each school in the district are notified of the location and availability of the School Report Card to the Public and the District Report Card to the Public. The report required under this section shall be written in a uniform and understandable manner, and, to the extent practicable, be in a language that the parent can understand.

(c) The School Report Card to the Public must contain the number of students enrolled in the school, the Title I status of the school, and must provide the following information on accreditation:

(1) whether the school is accredited;

(2) if the school is accredited, the

(A) date of accreditation;

(B) name of the accrediting organization; and

(d) The School Report Card to the Public must include the following information for all students enrolled in the school, and the School District Report Card to the Public must include the following information for all students enrolled in the district:

(1) For purposes of accountability under 4 AAC 06.812, 4 AAC 06.815, 4 AAC 06.821, and 4 AAC 06.826, for all students and disaggregated by each subgroup of students described in 4 AAC 06.830,

(A) the number and percentage of full-academic-year students tested who achieved the proficient or advanced achievement level described in 4 AAC 06.739 or in 4 AAC 06.775(b) on the English language arts and mathematics assessments;

(B) if the participation rate as described in 4 AAC 06.820 is less than 95 percent, the number and percentage of 95 percent of the students enrolled on the first day of testing that achieved the proficient or advanced achievement level described in 4 AAC 06.739 or in 4 AAC 06.775(b) on the English language arts and mathematics assessments; and

(C) the number and percentage of students tested and not tested based on the number of full-academic-year students enrolled in tested grades on the first day of testing.

(2) For purposes of reporting for all students and disaggregated by each subgroup of students described in 4 AAC 06.830, gender, migrant status, homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces on active duty,

(A) the number and percentage of students tested who achieved each achievement level described in 4 AAC 06.739 on English language arts, mathematics, and science;

(B) if the participation rate as described in 4 AAC 06.820 is less than 95 percent, the number and percentage of 95 percent of the students enrolled on the first day of testing that achieved each achievement level described in 4 AAC 06.739 on English language arts, mathematics, and science;

(C) the number and percentage of students tested and not tested based on the number of students enrolled in tested grades on the first day of testing; and

(D) for a

(i) district report card, a comparison between the number and percentage of students at each achievement level for the district with the number and percentage of students at each achievement level for the state as a whole; and

(ii) school report card, a comparison between the number and percentage of students at each achievement level for the school with the number and percentage of students at each achievement level for the district and the state as a whole;

(3) for purposes of accountability under 4 AAC 06.812 and 4 AAC 06.822, for all students and disaggregated by each of the subgroups of students as defined in 4 AAC 06.830, the number and percentage of students who made adequate growth in English language arts and mathematics as described in 4 AAC 06.822; and for purposes of reporting, for subgroups of homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces on active duty, the number and percentage of students who made adequate growth in English language arts and mathematics as described in 4 AAC 06.822;

(4) for purposes of accountability under 4 AAC 06.812, 4 AAC 06.815, and 4 AAC 06.825, for all students and disaggregated by each of the subgroups of students defined in 4 AAC 06.830, the four-year and five-year graduation rate as defined in 4 AAC 06.825; and for purposes of reporting for subgroups of homeless status and status as a child in foster care, the four-year and five-year graduation rate as defined in 4 AAC 06.825;

(5) for purposes of accountability under 4 AAC 06.812, 4 AAC 06.815, and 4 AAC 06.823 the number and percentage of English learners in grades 1 - 12 who met the target for making progress in learning English; and for purposes of reporting, the number of English learners in grades K-12 achieving English language proficiency and meeting the exit criteria as defined in 4 AAC 34.055(d);

(6) for purposes of accountability, for all students and disaggregated by each of the subgroups of students, as defined in 4 AAC 06.830, the number and percentage of students identified as not chronically absent as described in 4 AAC 06.826(a) who were enrolled for at least half the school term, and for purposes or reporting, the number and percentage of students identified as chronically absent as described in 4 AAC 06.826(a) who were enrolled at least ten days in the school term;

(7) for purposes of accountability, for all students and disaggregated by each of the subgroups of students as defined in 4 AAC 06.830, the number and percentage of full-academic-year students tested in grade three who achieved the proficient or advanced achievement level described in 4 AAC 06.739 on the English language assessment; if the participation rate as described in 4 AAC 06.820 is less than 95 percent, the number and percentage of 95 percent of the full-academic-year-grade-three students enrolled on the first day of testing who achieved the proficient or advanced achievement level described in 4 AAC 06.739 on the English language arts assessment; and the number and percentage of grade-three students tested and not tested based on the number of full-academic-year students enrolled in tested grades on the first day of testing;

(8) for purposes of accountability under 4 AAC 06.815, 4 AAC 06.821, 4 AAC 06.823, 4 AAC 06.825 and for purposes of reporting, for all students and disaggregated by each of the subgroups of students as defined in 4 AAC 06.830, a comparison between the performance under sections (d)(1)(A) and (d)(1)(B) for the school or district and the school's or district's and state's long-term goals and measures of interim progress for that year as determined under 4 AAC 06.815, including a determination of whether the school or district met the target as defined in 4 AAC 06.815(a)(3) for the all students group and each subgroup;

(9) the number and percentages of students with the most significant cognitive disabilities who take an alternate assessment under 4 AAC 06.775(b), by grade and subject;

(10) for the School District Report Card to the Public, the most recent available academic achievement results in grades four and eight on the state's national assessments of educational progress reading and mathematics assessments under 4 AAC 06.710(3) compared to the national results, including

(A) the percentage of students at each achievement level reported in the aggregate; and

(B) the participation rates for students with disabilities and for students who are English Learners.

(11) information submitted by the department and each district in the state, in accordance with the Office for Civil Rights data collection conducted pursuant to 20 U.S.C. 3413(c)(1) (section 203(c)(1) of Department of Education Organization Act), on

(A) rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, incidences of violence, including bullying and harassment; and

(B) the number and percentage of students enrolled in

(i) preschool programs; and

(ii) accelerated coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs.

(12) the professional qualifications of teachers in the district and each school, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools) on the number and percentage of

(A) inexperienced teachers, principals, and other school leaders;

(B) teachers teaching with emergency or provisional credentials;

(D) ineffective teachers.

(13) the per-pupil expenditures of federal, state, and local funds, including actual personnel expenditures and actual non-personnel expenditures of federal, state, and local funds, disaggregated by source of funds, for each district and each school in the district for the preceding fiscal year.

(14) where available, for each high school in the district, and beginning with the report card prepared under this paragraph for the 2017 - 2018 school year, the cohort rate in the aggregate, and disaggregated for each subgroup of students defined in 4 AAC 06.830, at which students who graduate from the high school enroll for the first academic year that begins after the students' graduation:

(A) in programs of public postsecondary education in the state; and

(B) if data are available and to the extent practicable, in programs of private postsecondary education in the state or programs of postsecondary education outside the state.

(e) Each School Report Card to the Public and School District Report Card to the Public must contain

(1) a clear and concise description of the state's accountability system as described in 4 AAC 06.812 - 4 AAC 06.826; and

(2) the methods and timeline for designating schools for comprehensive support and improvement or targeted support and improvement and for exiting the schools from those designations under 4 AAC 06.840. Each district report card must contain the number, percentage, and names of all public schools in the district designated for comprehensive support and improvement or targeted support and improvement under 4 AAC 06.840. The School Report Card to the Public must include information for the school, and the School District Report Card to the Public must include information for all schools in the district, regarding school designations and other indicators, as follows:

(A) the Alaska school performance system score, if applicable, under 4 AAC 06.812 and the designation of each school in the district under 4 AAC 06.840 and for districts, the number and percentage of schools that have been designated for comprehensive support and improvement or targeted support and improvement;

(B) whether a school in the district has been designated persistently dangerous under 4 AAC 06.200;

(D) the retention rate for students in grades K-8;

(E) the dropout rate for students in grades seven through twelve; and

(F) the rate of enrollment change due to transfers.

(f) A report under this section may not include the information otherwise required by law if the number of students in a category is so small that the results would reveal personally identifiable information about an individual student. Results of the state assessments may not be reported if fewer than five students are tested.

(g) In providing the description of student, parent, community, and business involvement in student learning, as required by AS 14.03.120(d)(4), each school shall state

(1) the number and percentage of students responding to the teacher evaluation survey;

(2) the number and percentage of parents responding to the teacher evaluation survey;

(3) the number of school-business or interagency partnerships the school has entered into under a written agreement;

(4) the average number of volunteer-hours a week spent in the school by parents and other members of the community;

(5) a narrative description of the results of parental, community, or business involvement, as identified by the school; and

(6) any other information the school wishes to provide on this subject.

(h) Each school shall compute the information required by AS 14.03.120(d)(5) and this section as follows:

(1) the attendance rate is a fraction, expressed as a percent, the numerator of which is the aggregate daily attendance during the regular school year, and the denominator of which is the aggregate daily membership for the school year; the aggregate daily attendance is the sum of the days present for all students when school is in session during the school year; the aggregate daily membership is the sum of the days present and absent for all students when school is in session during the school year; in-service days are not included in the computation; for the purposes of this paragraph, a student is considered present if physically present at the school or engaged in a school activity even if the activity is away from the school;

(2) for kindergarten through grade eight, the retention rate is computed by dividing the number of students being retained on the last day of school by the membership on the last day of the school year;

(3) for grades 7 - 12, the dropout rate is a fraction, the numerator of which is the number of students who have dropped out in the current school year, and the denominator of which is the number of students enrolled in grades 7 - 12 on October 1 of the current school year;

(i) In providing the information required by AS 14.03.120(d)(6), each school shall provide the information on student transfers into and out of the school itself. Each school shall compute the information required by AS 14.03.120(d)(6) as follows:

(1) the annual percent of enrollment change is computed by taking the difference between the October 1 enrollment from the current school year and the October 1 enrollment from the previous school year and dividing by the October 1 enrollment from the previous school year, the result being expressed as a percentage;

(2) the annual percent of enrollment change due to student transfers is computed by subtracting from one the quotient derived by dividing the number of students enrolled at least 170 days or the number of student days in the approved school calendar, whichever is less, in the school by the total number of students enrolled at least one day in the school.

(j) In preparing the comment summaries required by AS 14.03.120(e) to be reported to the department, each school shall state the number of persons commenting, indicate whether comments are from students, parents, or other members of the community, and succinctly set out the gist of the comments, both negative and positive ones.

(k) In this section,

(1) "current school year" means the school year for which the report card is made;

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

(3) "dropout" means an individual who was enrolled in the district at some time during the school year whose enrollment terminated; "dropout" does not include an individual who

(A) graduated from high school or completed a state- or district-approved education program, as evidenced by receipt of a secondary school diploma from school authorities;

(B) transferred to another public school district, private school, or state- or district-approved education program that terminates in a regular diploma;

(D) is temporarily absent due to an illness or a medical condition; or

(E) died.

(4) "performance score" means the score calculated under 4 AAC 06.812;

(5) "previous school year" means the school year immediately before the school year for which the report is made;

(6) "school year" means the 12-month period beginning July 1 of each year and ending June 30 of the following year;

(7) "students from families on active military duty" means students 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.

(l) For the purposes of AS 14.03.120(d) and (e), AS 14.03.123, and this section,

(1) "program" means an identifiable set of educational services that a district delivers to students who are not enrolled at a school facility to receive those educational services;

(2) "school" means an educational institution operated by a district and administered as an independent unit within the district, regardless of whether the school is housed in a facility separate from other units that does not include an educational program within a district, as designated by the district; and includes a correspondence school, whether designated a program or a school.

History

Authority: AS 14.03.120; AS 14.07.020; AS 14.50.080 AS 14.03.123; AS 14.07.060
Eff. 11/23/2003, Register 168; am 8/19/2009, Register 191; am 2/4/2011, Register 197; am 6/30/2013, Register 206; am 10/16/2013, Register 208; am 11/13/2014, Register 212; am 12/26/2014, Register 212; am 3/6/2015, Register 213; am 10/9/2015, Register 216; am 2/5/2017, Register 221; am 10/20/2018, Register 228; am 12/25/2020, Register 236

4 AAC 06.899 Definitions {#sec-4-aac-06.899 omnilex-key=us-ak-regs-official--title-4--4 AAC 06.899}

In 4 AAC 06.800 - 4 AAC 06.899, unless the context requires otherwise,

(1) "African-American" means a person having origins in any of the Black racial groups of Africa;

(2) "Alaska Native" means a person having origins in any of the Alaska Native Tribes in Alaska;

(3) "American Indian" means a person having origins in any of the aboriginal peoples of North and South America, including Central America, and who maintains cultural identification through tribal affiliation or community recognition; "American Indian" does not include an Alaska Native;

(4) "Asian or Pacific Islander" means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;

(5) "economically disadvantaged students" means a student who is eligible for free or reduced-price school meals under the department's Alaska Income Eligibility Guidelines for Free and Reduced Meals;

(6) repealed 2/5/2017;

(7) "Hispanic" means a person who traces the person's origin or descent to Mexico, Puerto Rico, Cuba, Central and South America, and other Spanish cultures, regardless of race;

(8) "migrant status" means a migratory child as defined in 20 U.S.C. 6399(3).

(9) "parent" means a biological, adoptive, or foster parent, or an adult who acts as a guardian of a child and makes decisions related to the child's safety, education, and welfare;

(10) repealed 10/16/2013;

(11) "statewide student assessment system" or "state assessments" means the assessments described in 4 AAC 06.710;

(12) "student with a disability" has the meaning given "child with a disability" in AS 14.30.350; "student with a disability" includes all students who are under or eligible for an individualized education program under AS 14.30.278;

(13) "English learner" has the meaning given in 4 AAC 34.090; "English learner" includes students who are currently served or eligible to be served under 4 AAC 34.055;

(14) "White" means a person having origins in any of the original peoples of Europe, North Africa, or the Middle East;

(15) repealed 10/3/2011;

(16) "emigre" means a student formerly enrolled in the school for whom the school has written documentation that the student is no longer enrolled because the student emigrated to another country;

(17) "students of two or more races" means students who primarily identify their heritage with more than one of the subgroups "African-Americans," "Alaska Natives," "American Indians," "Asians or Pacific Islanders," or "Whites";

(18) "Alaska school performance system" means the system described in 4 AAC 06.812;

(19) "desk audit" means a review of student learning data at the school or district, including consultation with the superintendent of the district in which the school is located;

(20) "instructional audit" means a review of the instructional policies, practices, and methodologies of the district or one or more schools within the district; an instructional audit may include a review of the district's or school's

(A) curriculum, including whether the curriculum is aligned with the state's standards and grade level expectations adopted in 4 AAC 04.140;

(B) assessment policy and practice;

(D) school learning environment;

(E) professional development policy and practices; and

(F) leadership;

(21) "school"

(A) has the meaning given "public school" in AS 14.60.010, except as provided in (C) of this paragraph;

(B) includes

(i) an alternative school within the meaning given in 4 AAC 09.990;

(ii) a charter school established under AS 14.03.250 - 14.03.290;

(iii) a district correspondence program financed under AS 14.17.430;

(iv) the state boarding school established under AS 14.16;

(v) a school for the blind, school for the deaf, or other special mission school; and

(vi) a school located in a youth correctional facility;

(22) repealed 10/20/2018;

(23) "student learning data" has the meaning given in 4 AAC 19.099;

(24) "alternative school" means a school that is specifically designed to exclusively serve secondary-school students who are at high risk of failing to graduate because of credit deficiencies, non-proficient academic performance, a history of low attendance, a history or high risk of dropping out, or other barriers to graduation; in this paragraph, "non-proficient academic performance" means obtaining an achievement level on a standards-based assessment under 4 AAC 06.739 that does not meet standards;

(25) "full academic year" means continuous enrollment between October 1 and the first date of the administration of the standards-based test under 4 AAC 06.737;

(26) "evidence-based" means an activity, strategy, or intervention that:

(A) demonstrates a statistically significant effect on improving student outcomes based on

(i) strong evidence from at least one well-designed and well-implemented experimental study;

(ii) moderate evidence from at least one well-designed and well implemented quasi-experimental study or

(iii) promising evidence from at least one well-designed and well-implemented correlational study with statistical controls for bias: or

(B) (i) demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcome; and

(ii) include ongoing efforts to examine the effects of such activity, strategy, or intervention.

(27) "valid score" means a scale score and an achievement level under 4 AAC 06.739 or 4 AAC 06.775(b);

(28) "natural grade progression" means the student has progressed to the next consecutive grade level in the current school year from the previous school year.

History

Authority: AS 14.03.123; AS 14.07.060 AS 14.07.020; AS 14.50.080
Eff. 11/23/2003, Register 168; am 6/13/2004, Register 170; am 1/19/2006, Register 177; am 7/25/2007, Register 183; am 2/4/2011, Register 197; am 10/3/2011, Register 200; am 10/16/2013, Register 208; am 11/13/2014, Register 212; am 4/6/2016, Register 218; am 2/5/2017, Register 221; am 10/20/2018, Register 228; am 12/25/2020, Register 236; am 5/24/2023, Register 246

Chapter 07 Student Rights and Responsibilities

4 AAC 07.010 Establishment of district guidelines and procedures; prohibited discipline {#sec-4-aac-07.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 07.010}

(a) Each school district shall develop and adopt policies regarding student rights and responsibilities. These policies must address both substantive and procedural matters relating to standards of student behavior, treatment, and discipline. A uniform discipline policy must be in effect throughout the district for the purpose of establishing standards and procedures in matters relating to student discipline. The procedures, at a minimum, must address the following:

(1) routine discipline case procedure; and

(2) chronic or serious discipline case procedure.

(b) All district policies must be consistent with the federal and state constitutions, state statutes and regulations as written or construed by courts of competent jurisdiction.

History

Authority: AS 14.07.020(a)AS 14.07.060
Eff. 8/30/75, Register 55; am 3/1/78, Register 65; am 8/25/89, Register 111

4 AAC 07.020 Departmental review and recommendations {#sec-4-aac-07.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 07.020}

Repealed.

History

Eff. 8/30/75, Register 55; repealed 1/13/95, Register 133

4 AAC 07.030 Distribution of district policies {#sec-4-aac-07.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 07.030}

Each district shall make available to students, parents, and all staff persons who deal with students, up-to-date copies of the adopted district student rights and responsibilities policies at the start of each school year. Additionally, throughout the school year, copies of these policies must be posted in accessible locations within school facilities (e.g., bulletin board, teachers' lounges, office, etc.).

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 8/30/75, Register 55

4 AAC 07.040 Mandatory instruction {#sec-4-aac-07.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 07.040}

Each school district shall provide instruction in student rights and responsibilities to students in grades 1 through 12.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 8/30/75, Register 55; am 6/10/83, Register 86

4 AAC 07.050 Review of policies {#sec-4-aac-07.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 07.050}

Since student rights and responsibilities in the public schools are recognized as an ever changing and constantly developing area, each district shall review its policies and make such revisions as statutes, regulations or court decisions make necessary. District reviews shall be accomplished at least once every three years.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 8/30/75, Register 55

4 AAC 07.060 Student records {#sec-4-aac-07.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 07.060}

(a) Each district shall maintain for each student a cumulative record consisting, at a minimum, of the following:

(1) subjects student has taken;

(2) grades earned and an explanation of the grading system used;

(3) units of credit earned;

(4) attendance records;

(5) scores student has recorded on standard tests taken;

(6) records of required immunizations and physical examinations and other health-related matters required by state law or district policy or bylaws; and

(7) beginning August 31, 2002, a unique 10-digit individual student identification number issued by the department; the student identification number must appear in each electronic record containing student-level information that is reported to the department; the student identification number must appear on each student examination booklet administered under 4 AAC 06.712, 4 AAC 06.737, and 4 AAC 06.755.

(b) All district policies and practices with respect to student records must conform to current and appropriate state and federal laws and regulations.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 3/1/78, Register 65; am 4/13/2002, Register 162; am 6/30/2013, Register 206

4 AAC 07.900 Definition {#sec-4-aac-07.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 07.900}

As used in this chapter, "corporal punishment" means the application of physical force to the body of a student for disciplinary purposes. It does not include the use of reasonable and necessary physical restraint of a student to protect the student, or others, from physical injury, to obtain possession of a weapon or other dangerous object from a student, to maintain reasonable order in the classroom, or on school grounds, or to protect property from serious damage or destruction.

History

Authority: AS 14.07.020(a)AS 14.07.060
Eff. 8/25/89, Register 111

Chapter 09 State Support of Schools

Article 1 State Aid

4 AAC 09.005 Funding communities and attendance centers {#sec-4-aac-09.005 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.005}

Repealed.

History

Eff. 11/1/87, Register 104; am 12/13/87, Register 104; repealed 7/13/2000, Register 155

4 AAC 09.006 ADM adjustment for schools {#sec-4-aac-09.006 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.006}

(a) Annually, by September 1, the commissioner will publish a list of each school eligible for ADM adjustment under AS 14.17.450 within each district. The list will be based on the actual ADM of each school within each district for the prior school year.

(b) A district may request an amendment to the list of schools published under (a) of this section. The commissioner will add or remove a school from the list if satisfied that the request is justified under the criteria set out in AS 14.17.905.

(c) A district's request for an amendment under (b) of this section must be made in writing and must be received by the commissioner before the beginning of the student count period under AS 14.17.600 for the fiscal year for which the amendment is to become effective.

History

Authority: AS 14.07.060; AS 14.17.920Sec. 40, ch. 83, AS 14.17.905 SLA 1998
Eff. 7/22/99, Register 151

4 AAC 09.010 Public school foundation program {#sec-4-aac-09.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.010}

(a) - (c) Repealed 6/10/83.

(d) Repealed 1/22/81.

(e) Repealed 7/22/99.

(f) Effective August 5, 1990, distribution of state aid under the public school foundation program shall be governed by the department as follows:

(1) A school district that questions a state aid payment shall immediately notify the department and request a review of data and computations leading to the payment amount.

(2) If the department finds no error in the data or in the computation of the payment, it will provide written notice and explanation of its findings to the district.

(3) If the district further disputes the determination of payment, it may proceed with an appeal under the provisions of 4 AAC 40.

(4) Upon discovery, by department staff or by auditors conducting the annual department audit, of an overpayment to a district, a written notice will be sent to the district. The district shall immediately remit the amount of overpayment to the department as required by AS 14.17.170.

History

Authority: AS 14.07.020; AS 14.17.610 AS 14.07.060; AS 14.17.920

4 AAC 09.011 Calculation of supplement public school funding floor {#sec-4-aac-09.011 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.011}

(a) The supplementary public school funding floor for a district under AS 14.17.490 is calculated as follows:

(1) "public school funding" is the funding amount for a district for fiscal year 1999 as calculated under AS 14.17.410(b)(1);

(2) "state aid" is equal to

(A) the amount of state foundation aid for a district for fiscal year 1999 as calculated under former AS 14.17.021, 14.17.022, 14.17.024, and 14.17.026, as those provisions read on January 1, 1998, applied to the district's reported student count for the 1998 - 1999 school year as calculated under former AS 14.17.160 and 4 AAC 09.015 as those provisions read on January 1, 1998; plus

(B) additional district support appropriated by the legislature for fiscal year 1998.

(b) If the amount calculated for a district under (a)(2) of this section is greater than the amount calculated for that district under (a)(1) of this section, that difference is the supplementary public school funding floor under AS 14.17.490 for that district.

History

Authority: AS 14.07.060; AS 14.17.490; AS 14.17.920
Eff. 7/22/99, Register 151

4 AAC 09.012 Transition: Limitation on increase to district public school funding {#sec-4-aac-09.012 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.012}

(a) The transition limitation under sec. 46, ch. 83, SLA 1998 for a district's fiscal year 1999 state funding under AS 14.17 is calculated as follows:

(1) "public school funding" is the funding amount for a district for fiscal year 1999 as calculated under AS 14.17.410(b)(1);

(2) "state aid" is equal to

(B) additional district support appropriated by the legislature for fiscal year 1998.

(b) If the amount calculated for a district under (a)(1) of this section is greater than the amount calculated for that district under (a)(2) of this section, the increase in state funding to the district for fiscal year 1999 is limited to 60 percent of the difference between those amounts.

History

Authority: AS 14.07.060Sec. 46, ch. 83, AS 14.17.920SLA 1998
Eff. 7/22/99, Register 151

4 AAC 09.013 Reductions in supplementary public school funding floor {#sec-4-aac-09.013 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.013}

(a) A district's supplementary public school funding floor, as initially calculated under AS 14.17.490(a) and 4 AAC 09.011, is required to be reduced under AS 14.17.490(d) and (e), if there is an increase in the district's public school funding or a decrease in the district's ADM for a school year. Each reduction in a district's supplementary public school funding floor is a permanent reduction, and any additional reductions required under AS 14.17.490(d) and (e) will be applied to the supplementary public school funding floor as modified by prior reductions.

(b) In years following the initial reduction of a district's supplementary public school funding floor under AS 14.17.490(e), the department will compare the district's ADM for a school year to its ADM for the preceding school year. If the district's ADM decreased from that for the preceding school year, the department will reduce the district's supplementary public school funding floor by a percentage equal to the percentage of that decrease.

History

Authority: AS 14.07.060; AS 14.17.490; AS 14.17.920
Eff. 9/30/99, Register 151

4 AAC 09.015 Student count; intensive services funding {#sec-4-aac-09.015 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.015}

(a) Each district shall, in accordance with AS 14.17.600, separately report its ADM

(1) by school, for

(A) pre-kindergarten for children eligible to be included in ADM under (f) of this section;

(B) kindergarten through grade six;

(D) students requiring intensive services; and

(2) by district, for correspondence study programs.

(b) For a district to be eligible for intensive services funding for a student under AS 14.17.420(a)(2), the student must be enrolled and receiving intensive services, as described in 4 AAC 52.700, on the last day of the student count period under AS 14.17.600.

(c) A district shall submit reports under this section in both an electronic format and in a paper format using forms and formats prescribed by the department. A district's ADM report must be submitted to the department within two weeks after the end of the student count period under AS 14.17.600. If the district's ADM report is not received on or before November 16, the department will immediately withhold all payments of state aid to the district until the report is received. Projected and initial student counts for public school funding calculations will be based on the student data submitted in the paper format. Final public school funding calculations will be based on student count data submitted in electronic format as adjusted under (e) of this section.

(d) No adjustments will be made to increase a district's student count based on data that the district failed to include in the reports submitted under (c) of this section.

(e) The department will prepare and mail to each district a report based on the student data submitted in electronic format. The report will indicate supplemental information or data that the district must correct, including duplicate students between districts, missing birth dates, out of state students, or other required data, to allow the department to determine public school funding eligibility. Within 30 days after the date of the department's report, districts shall submit the required information and corrections to the department. The district student count data will be adjusted based on the corrected data submitted. If the district fails to respond timely with the required information and corrections on the listed students, the department will determine those students to be ineligible, and the student counts for the district will be adjusted.

(f) A school district may include in its ADM an eligible child with a disability, as defined under AS 14.30.350, if the child is

(1) enrolled in the district;

(2) at least three years of age;

(3) younger than 22 years of age on July 1 of the school year; and

(4) receiving special education services from the district under an individualized education program.

(g) A student enrolled in multiple approved district correspondence study programs or regular district schools will be counted under 4 AAC 09.040. A student will be counted first in the district where the student resides.

(h) Under this section, a student may not be claimed for more than one full-time equivalent ADM.

(i) A district enrolling students under AS 14.03.080(c) must meet the following criteria:

(1) the governing body of the district must

(A) develop, adopt, and utilize minimum standards to evaluate students on an individual basis that demonstrates that the student has the mental, physical, and emotional capacity to perform satisfactorily at the grade level the student is being allowed to enter early;

(B) approve early entry of a student on an individual basis; and

(2) documentation on each early entry student's capacity to meet the standards for early entry must be maintained and available to the department upon request.

(j) A kindergarten student who attends school for less than four hours a day, exclusive of intermissions, will be counted under 4 AAC 09.040.

(k) A correspondence program student living outside of this state is not eligible for school funding under AS 14.17.

History

Authority: AS 14.07.020; AS 14.17.410; AS 14.17.600 AS 14.07.060; AS 14.17.430; AS 14.17.920 AS 14.07.070; AS 14.17.500
Eff. 1/15/87, Register 101; am 12/13/87, Register 104; am 8/5/90, Register 115; am 6/2/95, Register 134; am 12/30/98, Register 148; am 7/22/99, Register 151; am 8/9/2002, Register 163; am 10/24/2004, Register 172; am 9/1/2006, Register 179

4 AAC 09.016 Equalized percentage {#sec-4-aac-09.016 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.016}

Repealed 12/13/87.

4 AAC 09.019 Public school funding calculations {#sec-4-aac-09.019 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.019}

All school funding calculations under AS 14.17 and this chapter that are based on ADM are to be rounded to the second decimal place. For purposes of rounding under this section, if the digit in the third decimal place of a calculated number is

(1) five or greater, the calculated number is to be rounded upward;

(2) lower than five, the calculated number is to be rounded downward.

History

Authority: AS 14.07.060; AS 14.17.910; AS 14.17.920
Eff. 7/22/99, Register 151

4 AAC 09.020 Teachers entitled to pay {#sec-4-aac-09.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.020}

(a) Repealed 6/10/83.

(b) When any regularly certificated teacher in any of the public schools of Alaska is obliged to be absent from duty, under an order of any court of competent jurisdiction, either as a witness or juror, or similar circumstances, the regular salary of the teacher must be paid in the usual manner during the necessary period of absence. When it is necessary to employ a substitute for this teacher, the salary of the substitute shall be paid in the usual manner. Any amount of compensation received by the teacher for service as a witness or juror shall be deducted from the teacher's first pay period following the service. This section does not apply if a teacher is a party to a civil or criminal case.

(c) Labor Day, Memorial Day, and July 4 may not be counted as legal holidays in a public school unless the school is normally in regular session the day after those holidays.

History

Authority: AS 14.03.050; AS 14.07.020(1)

4 AAC 09.021 Eligible impact aid {#sec-4-aac-09.021 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.021}

For the purpose of determining the date on which federal impact aid was received by a district, the department will use the date printed on the federal impact aid payment voucher.

History

Authority: AS 14.07.060; AS 14.17.920; AS 14.17.990
Eff. 7/22/99, Register 151

4 AAC 09.030 Tuition costs {#sec-4-aac-09.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.030}

The tuition rate that may be charged by district schools to other school districts or to individuals is determined and governed by the following conditions:

(1) the tuition rate for each individual school district shall be certified by the commissioner on the basis of a report from each individual school district on a form to be prescribed by the commissioner. The rate shall be based on a formula wherein the tuition rate established shall be the actual local contribution rate of the school district for the prior year;

(2) the tuition rate will be an annual rate per pupil in average daily membership; the tuition rate shall be based upon the amount expended annually from local funds for current operation and capital outlay for the prior year divided by the ADM; data for rate determination shall be obtained from official reports submitted by districts; the rate shall be computed by the department;

(3) the certified rate is the amount which a district may bill the sending agency for nonresident children attendant in the district, and not being provided with public school educational facilities in their place of residence in the state;

(4) repealed 2/11/2004;

(5) repealed 2/11/2004;

(6) in the case of attendance in a district of a pupil whose parents are bona fide residents of another school district in this state where public school facilities of the necessary grade levels are not provided, tuition shall be billed to the school district from which the pupil has come and that district shall accept the billing; in the case of a pupil resident in one school district but optionally attending another school district and where the necessary grade level is provided in the home district, a tuition charge may not be made to the home district unless the district of residence waives attendance requirements for the particular pupil and agrees to accept billing; if the home district will not accept the billing, the school district may bill the parent or guardian for tuition;

(7) tuition may not be billed for pupils for whom contractual or other similar arrangements have been made in lieu of tuition;

(8) repealed 9/3/76.

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030; AS 14.14.110

4 AAC 09.040 Counting of correspondence students and part-time public school students {#sec-4-aac-09.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.040}

(a) Repealed 6/2/95.

(b) Repealed 12/13/87.

(c) A secondary student enrolled in an approved district correspondence study program, or as a part-time student under 4 AAC 05.035, shall be counted on a full-time equivalent basis as follows:

(1) a secondary student enrolled in one course in a semester equals 0.25 full-time equivalent;

(2) a secondary student enrolled in two courses in a semester equals 0.5 full-time equivalent;

(3) a secondary student enrolled in three courses in a semester equals 0.75 full-time equivalent;

(4) a secondary student enrolled in four or more courses in a semester equals 1.00 full-time equivalent.

(d) An elementary student enrolled in an approved district correspondence study program or as a part-time student under 4 AAC 05.035, shall be counted on a full-time equivalent basis as follows:

(1) an elementary student enrolled in one hour or less per day equals 0.25 full-time equivalent;

(2) an elementary student enrolled in two hours per day equals 0.5 full-time equivalent;

(3) an elementary student enrolled in three hours per day equals 0.75 full-time equivalent;

(4) an elementary student enrolled in four hours per day equals 1.0 full-time equivalent.

(e) A district enrolling a part-time student shall determine if the student is enrolled with another district. If a part-time student is enrolled in two districts, a written agreement must be entered by the enrolling districts to ensure that the student is not counted as a total of more than one full-time equivalent for purposes of the public school funding program under AS 14.17. The enrolling districts shall notify the department of the terms of the agreement.

(f) For the purposes of the public school funding program under AS 14.17, a student who generates one full-time equivalent in one district will not be counted as a part-time student with another district.

History

Authority: AS 14.07.020; AS 14.17.450; AS 14.17.920 AS 14.07.060; AS 14.17.500 AS 14.17.410; AS 14.17.600
Eff. 1/15/87, Register 101; am 12/13/87, Register 104; am 6/2/95, Register 134; am 12/30/98, Register 148; am 8/21/2005, Register 175

4 AAC 09.050 Secondary boarding programs {#sec-4-aac-09.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.050}

(a) The governing body of a district shall make available, at no cost to the student or the student's parent, a basic boarding program to all secondary school age children in the district who do not have daily access to a school of the appropriate grade level by being transported a reasonable distance. The following rules apply:

(1) A basic boarding program must provide for each student

(A) suitable living accommodations, including room and board and supervision while the student is not in school, which satisfy the applicable requirements of state law and regulations;

(B) round-trip transportation to and from the student's usual home; and

(2) Students in a basic boarding program must be placed in accordance with their best interests, taking into account special educational needs.

(3) To qualify for funding by the Department of Education and Early Development, a district's basic boarding program must satisfy the requirements of (1) and (2) of this subsection. Applications for funding must contain the following:

(A) the name, village and grade level of each student;

(B) the location of each student's boarding placement; and

(4) Direct costs that may be claimed for reimbursement under this section are:

(A) those associated with one annual round trip between the community of residence and the school location;

(B) a room and board stipend during the school year; and

(C) up to 30 percent of the stipend amount for out-of-school supervision of students at locations outside the school district of residence.

(5) Administrative and out-of-school supervision costs for pupils attending schools within their school district of residence are the responsibility of the school district.

(6) Indirect costs may be claimed against approved expenditures based upon the Department of Education and Early Development annual approved indirect cost rate.

(7) The commissioner will review and adjust stipend rates annually, based upon information prepared by the Alaska Department of Labor and Workforce Development, the University of Alaska Cooperative Extension Service, and the U.S. Department of Labor Consumer Price Index for the Anchorage area. The commissioner will notify school districts of final rates, and the information upon which adjustments were based, by August 15 of the school year to which they apply.

(8) If claims for reimbursement under this section exceed the amount appropriated for that purpose, the commissioner will deny reimbursement of administrative costs, reduce or deny costs associated with student supervision, and prorate student stipends based upon days served, in that order.

(b) No student may be suspended or expelled from a boarding program without due process of law.

History

Authority: AS 14.07.020; AS 14.07.030; AS 14.07.060
Eff. 9/3/76, Register 59; am 3/12/86, Register 97; am 1/15/87, Register 101; am 9/8/2006, Register 179

4 AAC 09.055 P.l. 81-874 revenue {#sec-4-aac-09.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.055}

Repealed 12/13/87.

4 AAC 09.060 Supplemental financial assistance {#sec-4-aac-09.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.060}

Repealed 7/1/86.

4 AAC 09.070 Secondary formula account {#sec-4-aac-09.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.070}

Repealed 12/13/87.

4 AAC 09.071 Small single funding community municipal school districts and REAA school districts {#sec-4-aac-09.071 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.071}

Repealed 6/30/88.

4 AAC 09.105 Definitions {#sec-4-aac-09.105 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.105}

Repealed.

History

Eff. 12/13/87, Register 104; repealed 7/22/99, Register 151

Article 2 School Operating Fund

4 AAC 09.110 School district budget {#sec-4-aac-09.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.110}

(a) A district must submit its budget for each fiscal year to the department not later than July 15 of the fiscal year.

(b) Repealed 1/15/87.

History

Authority: AS 14.07.060; AS 14.17.190 AS 14.07.170; AS 14.17.200
Eff. 5/24/81, Register 78; am 1/15/87, Register 101; am 12/13/87, Register 104

4 AAC 09.115 Minimum expenditure for instruction {#sec-4-aac-09.115 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.115}

Repealed.

History

Eff. 7/22/99, Register 151; am 7/1/2000, Register 154; repealed 3/1/2017, Register 221

4 AAC 09.120 Budget review {#sec-4-aac-09.120 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.120}

(a) Repealed 3/1/2017.

(b) After reviewing a budget submitted under 4 AAC 09.110, the department will either approve the budget or reject a budget that

(1) is not in the form required by the department;

(2) is not balanced;

(3) does not meet the local effort provisions of AS 14.17; or

(4) does not otherwise meet the requirements of AS 14.17.910.

(c) The department will notify each district of its determination made under (b) of this section by September 1. Notification will include either an approval or a rejection of the budget submission. Notification that a budget is rejected under this section will include the department's specific reasons for the rejection. A budget rejected under this section must be resubmitted within 20 days of the date of the department's mailing of the notice of rejection.

(d) A district that has had its budget rejected under this section is not eligible for state aid under AS 14.09 or AS 14.17 until the district has submitted a revised budget that has been approved by the department.

(e) A budget of a district that contains a prior year fund balance as revenue will be reviewed again by the department upon receipt of the district's prior year audit under 4 AAC 09.130. If an audited fund balance less than the amount budgeted is found, the budget will be deemed to be out of balance and the procedures in (c) and (d) of this section will apply.

History

Authority: AS 14.07.020; AS 14.07.170; AS 14.17.910 AS 14.07.060; AS 14.17.505; AS 14.17.920 AS 14.07.070; AS 14.17.900
Eff. 5/24/81, Register 78; am 1/15/87, Register 101; am 12/13/87, Register 104; am 8/5/90, Register 115; am 12/5/99, Register 152; am 3/1/2017, Register 221

4 AAC 09.130 School district audit {#sec-4-aac-09.130 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.130}

A district must submit the annual audit of the district's operating fund for the fiscal year to the commissioner no later than October 1 of the succeeding fiscal year.

History

Authority: AS 14.14.050; AS 14.17.190 AS 14.17.081; AS 14.17.200
Eff. 5/24/81, Register 78; am 1/15/87, Register 101

4 AAC 09.140 Audit review {#sec-4-aac-09.140 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.140}

Repealed 1/15/87.

4 AAC 09.150 Request for waiver {#sec-4-aac-09.150 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.150}

Repealed 1/15/87.

4 AAC 09.160 Fund balance {#sec-4-aac-09.160 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.160}

(a) All money in the year-end fund balance of a district's school operating fund are subject to the 10 percent limit described in AS 14.17.505(a), except for money in the following six categories:

(1) encumbrances;

(2) inventory;

(3) prepaid expenses, which may include fuel;

(4) self-insurance;

(5) federal impact aid received

(A) in response to the application for impact aid submitted in the fiscal year that immediately preceded the current fiscal year; and

(B) on or after March 1 of the current fiscal year that was awarded as a result of applications that were submitted before the application for impact aid for the current fiscal year;

(6) unexpended annual student allotment money as provided under AS 14.03.310(c).

(b) A district shall include in the report required under 4 AAC 06.121(5)(A) a schedule that identifies the amount of money in the categories listed in (a) of this section.

(c) For purposes of AS 14.17.505(a), "unreserved portion of the year-end fund balance of a school operating fund" means the portion of the fund balance remaining after the deduction of the items listed in (a) of this section.

History

Authority: AS 14.03.320; AS 14.17.505; AS 14.17.920
Eff. 12/13/87, Register 104; am 8/5/90, Register 115; am 6/19/2011, Register 198; am 3/6/2015, Register 213

Article 3 General Provisions

4 AAC 09.990 Definitions {#sec-4-aac-09.990 omnilex-key=us-ak-regs-official--title-4--4 AAC 09.990}

(a) In AS 14.17 and this chapter, unless the context requires otherwise,

(1) "alternative school" means an educational program that is not a correspondence study program and that is

(A) designed to target a specific student population to receive a specialized instructional program or curriculum; or

(B) a charter school;

(2) "community" means

(A) an incorporated city;

(B) a unified municipality; or

(C) a place that is not incorporated as a city or a unified municipality and that has a school enrollment of at least 10 full-time equivalent students;

(3) "correspondence study program" means any educational program, including a charter school program or a state supported home-schooling program, that provides

(A) for each secondary course, less than three hours per week of scheduled face-to-face interaction, in the same location, between a teacher certificated under AS 14.20.020 and each class;

(B) for elementary students, less than 15 hours per week of scheduled face-to-face interaction, in the same location, between a teacher certificated under AS 14.20.020 and each full-time equivalent elementary student.

(b) In the definition of "local contribution" in AS 14.17.990,

(1) "appropriations" means money appropriated to a district's school operating fund by the city or borough;

(2) "value of in-kind services" means the documented fair market value of insurance, utilities, energy, audits, and maintenance of facilities provided at no charge to a district by the city or borough as reported in the district's school operating fund.

History

Authority: AS 14.03.040; AS 14.17.920Sec. 40, ch. 83, AS 14.07.060; AS 14.20.010SLA 1998 AS 14.17.430
Eff. 7/22/99, Register 151; am 10/8/99, Register 152; am 12/2/2000, Register 156; am 12/2/2012, Register 204

Chapter 12 Certification of Professional Teachers

4 AAC 12.010 Certification of teachers {#sec-4-aac-12.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.010}

Repealed.

4 AAC 12.012 Designation and qualifying scores of teacher competency examination {#sec-4-aac-12.012 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.012}

Repealed.

History

Eff. 10/19/2002, Register 164; repealed 9/29/2005, Register 175

4 AAC 12.015 Certification requirements for administrators performing specific duties {#sec-4-aac-12.015 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.015}

Repealed.

History

Eff. 12/5/99, Register 152; repealed 9/29/2005, Register 175

4 AAC 12.020 Regular certificate (Type A); provisional certificate (provisional Type A) {#sec-4-aac-12.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.020}

Repealed.

4 AAC 12.021 Advanced certification (Advanced Type A and C) {#sec-4-aac-12.021 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.021}

Repealed.

History

Eff. 7/11/99, Register 151; am 8/30/2002, Register 163; repealed 9/29/2005, Register 175

4 AAC 12.022 Preliminary teacher certificate (Type Q) {#sec-4-aac-12.022 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.022}

Repealed.

History

Eff. 3/31/2002, Register 161; repealed 9/29/2005, Register 175

4 AAC 12.023 Reemployment certificate (Type V) {#sec-4-aac-12.023 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.023}

Repealed.

History

Eff. 3/31/2002, Register 161; repealed 9/29/2005, Register 175

4 AAC 12.024 Subject-matter expert limited teacher certificate (Type S) {#sec-4-aac-12.024 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.024}

Repealed.

History

Eff. 3/31/2002, Register 161; repealed 9/29/2005, Register 175

4 AAC 12.025 Endorsement requirements for teachers providing special education {#sec-4-aac-12.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.025}

Repealed.

History

Eff. 7/16/89, Register 111; am 6/9/95, Register 134; am 6/28/98, Register 146; am 11/4/99, Register 152; am 6/28/2001, Register 158; am 3/31/2002, Register 161; repealed 9/29/2005, Register 175

4 AAC 12.026 Requirements for teachers of gifted children {#sec-4-aac-12.026 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.026}

Repealed.

History

Eff. 7/16/89, Register 111; am 6/9/95, Register 134; repealed 9/29/2005, Register 175

4 AAC 12.027 Special education endorsement waiver {#sec-4-aac-12.027 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.027}

Repealed.

History

Eff. 6/28/2001, Register 158; am 11/16/2001, Register 160; repealed 9/29/2005, Register 175

4 AAC 12.030 Administrative certificate (Type B); provisional certificate (provisional Type B) {#sec-4-aac-12.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.030}

Repealed.

4 AAC 12.035 Certification for administrators of special education {#sec-4-aac-12.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.035}

Repealed.

History

Eff. 7/16/89, Register 111; repealed 9/29/2005, Register 175

4 AAC 12.040 Special services certificate (Type C); provisional certificate (provisional Type C) {#sec-4-aac-12.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.040}

Repealed.

History

Eff. 5/30/71, Register 38; am 10/4/73, Register 47; am 8/30/75, Register 55; am 3/28/82, Register 81; am 9/30/83, Register 87; am 4/9/87, Register 102; am 7/2/93, Register 126; am 6/9/95, Register 134; repealed 9/29/2005, Register 175

Repealed.

History

Eff. 7/16/89, Register 111; am 6/9/95, Register 134; repealed 9/29/2005, Register 175

4 AAC 12.042 Temporary certificate {#sec-4-aac-12.042 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.042}

Repealed.

History

Eff. 9/30/83, Register 87; am 4/9/87, Register 102; am 7/1/90, Register 114; repealed 9/29/2005, Register 175

4 AAC 12.043 Limited certificate (Type M) {#sec-4-aac-12.043 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.043}

Repealed.

History

Eff. 7/2/93, Register 126; am 6/9/95, Register 134; am 6/25/2005, Register 174; repealed 9/29/2005, Register 175

4 AAC 12.044 Limited certificate for instructional aide continuing teacher education program (Type I) {#sec-4-aac-12.044 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.044}

Repealed.

History

Eff. 7/22/2000, Register 155; am 3/3/2005, Register 173; repealed 9/29/2005, Register 175

4 AAC 12.045 Professional certificate {#sec-4-aac-12.045 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.045}

Repealed 8/30/86.

4 AAC 12.050 Vocational trades certificate (type D) {#sec-4-aac-12.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.050}

Repealed 7/2/93.

4 AAC 12.053 Vocational education personnel qualifications {#sec-4-aac-12.053 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.053}

Repealed.

History

Eff. 7/1/86, Register 96; am 12/23/88, Register 108; am 7/2/93, Register 126; repealed 9/29/2005, Register 175

4 AAC 12.055 Early childhood education certificate (Type E) {#sec-4-aac-12.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.055}

Repealed.

History

Eff. 3/30/84, Register 89; repealed 9/29/2005, Register 175

4 AAC 12.057 University certificate (type U) {#sec-4-aac-12.057 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.057}

Repealed 11/28/92.

4 AAC 12.059 Retired teacher certificate (Type R) {#sec-4-aac-12.059 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.059}

Repealed.

History

Eff. 5/14/92, Register 122; am 7/16/92, Register 123; am 1/21/98, Register 145; am 5/4/2000, Register 154; repealed 9/29/2005, Register 175

4 AAC 12.060 Endorsements {#sec-4-aac-12.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.060}

Repealed.

History

Eff. 5/30/71, Register 38; am 8/30/75, Register 55; am 3/28/82, Register 81; am 8/30/84, Register 91; am 6/28/87, Register 102; am 12/16/88, Register 108; am 7/1/90, Register 114; am 8/8/91, Register 119; am 6/9/95, Register 134; am 7/11/99, Register 151; am 2/13/2000, Register 153; am 10/12/2000, Register 156; am 4/1/2001, Register 158; am 6/7/2001, Register 158; am 6/28/2001, Register 158; repealed 9/29/2005, Register 175

4 AAC 12.062 Special education endorsement waiver {#sec-4-aac-12.062 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.062}

Repealed.

History

Eff. 8/8/91, Register 119; am 6/9/95, Register 134; repealed 7/1/96

4 AAC 12.065 Emergency certificate {#sec-4-aac-12.065 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.065}

Repealed.

History

Eff. 7/1/90, Register 114; am 6/9/95, Register 134; repealed 9/29/2005, Register 175

4 AAC 12.070 Letter of authorization {#sec-4-aac-12.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.070}

Repealed.

History

Eff. 5/30/71, Register 38; am 10/4/73, Register 47; am 8/30/75, Register 55; am 7/2/93, Register 126; repealed 6/9/95, Register 134

4 AAC 12.072 Alternative teacher certification program {#sec-4-aac-12.072 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.072}

Repealed.

History

Eff. 8/22/92, Register 123; am 6/26/93, Register 126; am 6/9/95, Register 134; repealed 2/13/2000, Register 153

4 AAC 12.073 Content specialist card program {#sec-4-aac-12.073 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.073}

Repealed.

History

Eff. 8/22/92, Register 123; am 6/26/93, Register 126; am 6/9/95, Register 134; repealed 2/13/2000, Register 153

4 AAC 12.074 Review board; teacher assessment center {#sec-4-aac-12.074 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.074}

Repealed.

History

Eff. 8/22/92, Register 123; repealed 2/13/2000, Register 153

4 AAC 12.075 Renewal of certificates {#sec-4-aac-12.075 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.075}

Repealed.

History

Eff. 4/9/87, Register 102; am 7/1/90, Register 114; am 7/2/93, Register 126; am 7/11/99, Register 151; repealed 9/29/2005, Register 175

4 AAC 12.077 Professional development plan {#sec-4-aac-12.077 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.077}

Repealed 11/28/92.

4 AAC 12.080 General provisions {#sec-4-aac-12.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.080}

Repealed.

History

Eff. 1/28/66, Register 20; am 9/8/66, Register 24; am 5/30/71, Register 38; am 8/30/75, Register 55; am 11/14/80, Register 76; am 1/28/82, Register 81; am 8/30/84, Register 91; am 6/13/87, Register 101; am 2/24/88, Register 105; am 8/8/91, Register 119; am 12/5/99, Register 152; repealed 9/29/2005, Register 175

4 AAC 12.090 Prior commitments {#sec-4-aac-12.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.090}

Repealed.

History

Eff. 5/30/71, Register 38; am 7/1/90, Register 114; repealed 9/29/2005, Register 175

4 AAC 12.095 Post revocation or suspension procedure {#sec-4-aac-12.095 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.095}

Repealed.

History

Eff. 3/30/84, Register 89; am 8/30/86, Register 99; repealed 9/29/2005, Register 175

4 AAC 12.115 Applicability of the administrative procedure act {#sec-4-aac-12.115 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.115}

Repealed.

History

Eff. 8/30/86, Register 99; repealed 9/29/2005, Register 175

4 AAC 12.120 Current address {#sec-4-aac-12.120 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.120}

Repealed.

History

Eff. 8/30/86, Register 99; repealed 9/29/2005, Register 175

4 AAC 12.200 Sexual conduct prohibited {#sec-4-aac-12.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.200}

(a) A person required by AS 14.20.010 - AS 14.20.040 and this chapter to hold a certificate who is employed by a school district may not engage in sexual conduct with a student.

(b) The provisions of (a) of this section do not apply to a person if the person is married to the student.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 8/11/91, Register 119

4 AAC 12.210 Reporting instances of prohibited sexual conduct {#sec-4-aac-12.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.210}

(a) A person required by AS 14.20.010 - AS 14.20.040 and this chapter to hold a certificate who is employed by a school district shall report to the commissioner the person's knowledge of an act of sexual conduct that is prohibited by 4 AAC 12.200. The report must be filed within five days of the person's having acquired knowledge of the prohibited act of sexual conduct.

(b) When the commissioner receives a report under (a) of this section, the commissioner shall

(1) investigate the report as a preliminary step to determine whether the certificate of a person should be suspended or revoked under AS 14.20.030; or

(2) refer the report to the Professional Teaching Practices Commission for investigation and disposition under applicable law.

(c) A report to the Professional Teaching Practices Commission under the provisions of 20 AAC 10.020(b)(8) shall satisfy the reporting requirement of (a) of this section if the report is filed within the time limit specified in (a) of this section.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 8/11/91, Register 119

4 AAC 12.220 Failure to report instances of prohibited sexual conduct {#sec-4-aac-12.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.220}

If the commissioner reasonably believes that a person required by 4 AAC 12.210(a) to report to the commissioner the person's knowledge of an act of sexual conduct has failed to file a report within the time provided by that section, the commissioner may

(1) investigate the matter as a preliminary step to determine whether the certificate of the person who allegedly failed to file the report should be suspended or revoked under AS 14.20.030; or

(2) refer the matter to the Professional Teaching Practices Commission for investigation and disposition under applicable law.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 8/11/91, Register 119

4 AAC 12.230 Reopening of investigation by commissioner {#sec-4-aac-12.230 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.230}

Notwithstanding the commissioner's referral to the Professional Teaching Practices Commission of a report under 4 AAC 12.210(b)(2) or a matter under 4 AAC 12.220(2), the commissioner may make the report or matter the subject of an investigation under AS 14.20.030 at any time.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 8/11/91, Register 119

4 AAC 12.300 Certification of teachers {#sec-4-aac-12.300 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.300}

(a) A teacher in a public school must be at least 18 years of age, and must hold a valid teacher certificate issued under this chapter unless the teacher is participating in an approved exchange program under 4 AAC 30.010.

(b) A teacher applying for a teacher certificate must submit

(1) a complete application signed by the applicant;

(2) official transcripts of all college work necessary for the required degree or approved program;

(3) the certificate fee;

(4) one completed fingerprint card, with fingerprinting performed by a law enforcement agency or a person who has been trained in recording fingerprints, for separate submittal to the Department of Public Safety and the Federal Bureau of Investigation; the department will accept a name-based criminal history background check on a person from the agency performing the background check if the requirements of AS 14.20.020(j) are met; and

(5) a copy of a valid picture identification issued by a state or federal agency.

(c) Transcripts and other required documents become a part of the teacher's permanent records and remain on file with the department.

(d) The department will date certificates as of the date the completed application, transcripts, experience record, and fee are received. A certificate remains effective until the expiration date indicated on the certificate.

(e) Except as provided in AS 14.20.010, the state will not, and a school district may not, pay a salary to any teacher who does not hold a valid teacher certificate for this state.

(f) Nonpublic schools which employ noncertificated teachers will not be approved by the state, or if approved, will be dropped from the register of approved schools.

(g) Unless otherwise provided in this section, fees must be paid at the time of application and are nonrefundable. The fee for

(1) initial issuance of a teacher certificate, including all endorsements, is $200, plus the cost of a criminal history background check required under (b)(4) of this section;

(2) renewal of a teacher certificate, including all endorsements, is $200, plus the cost of a criminal history background check required under 4 AAC 12.405(b);

(3) addition or deletion of endorsements, other than at the time of initial issuance of the certificate is $100;

(4) a certified copy of a teacher certificate is $25;

(5) each nonacademic credit is $50 payable at the time supporting documentation required by 4 AAC 12.410(a) is submitted to the department; and

(6) a holder of a current teacher certificate to apply for an endorsement issued under 4 AAC 12.392 or 4 AAC 12.393, notwithstanding (3) of this subsection, is $50 from July 1, 2023 through December 30, 2028.

(h) An applicant for a certificate shall, on the application, disclose a suspension or revocation of a certificate by this or another state. A teacher who has been issued a certificate by this state shall immediately notify the department of suspension or revocation of a certificate issued by another state. Failure to inform the department of a suspension or revocation as required by this subsection may result in denial or revocation of a certificate.

(i) Any misrepresentations or willful omission of information on a certification application may result in denial or revocation of the certificate.

(j) The department may deny an application for issuance or renewal of a teacher certificate for any reason that is cause for revocation or suspension under AS 14.20.030.

(k) The cost to an applicant for a criminal history background check is the amount charged to the department by the Department of Public Safety as set out in 13 AAC 68.900.

(l) In place of the information required of an applicant by (b)(4) of this section, the department will accept the results of a successful criminal history background check of the applicant conducted under 4 AAC 30.020(b) if the applicant submits an application to the department under (b) of this section not later than

(1) 12 months after the applicant's last day of student teaching; or

(2) 24 months after the date of the department's notification that the applicant passed the criminal history background check conducted under 4 AAC 30.020(b).

History

Authority: AS 14.07.060; AS 14.20.020 AS 14.20.010; AS 14.20.030
Eff. 9/29/2005, Register 175; am 9/30/2005, Register 175; am 12/20/2005, Register 176; am 9/20/2006, Register 179; am 6/7/2015, Register 214; am 4/24/2016, Register 218; am 10/20/2018, Register 228; am 10/26/2022, Register 244; am 7/1/2023, Register 247

4 AAC 12.305 Teacher certificate (initial, professional, master) {#sec-4-aac-12.305 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.305}

(a) Except as provided in AS 14.20, the department will issue an initial teacher certificate, valid for up to five years from the issue date or for a period described under (d) of this section, to an applicant who

(1) has satisfied a baccalaureate degree requirement under AS 14.20;

(2) for purposes of competency examination requirements under AS 14.20.020 or 14.20.022, meets or exceeds the qualifying scores for this state on one of the competency examinations designated in 4 AAC 12.310;

(3) has met or will meet within two years the requirements of AS 14.20.020(h);

(4) meets the certification requirements of AS 14.20.017, 14.20.020, or 14.20.022;

(5) if the applicant seeks to qualify for certification under AS 14.20.020 or 14.20.022, provides

(A) a recommendation or proof of program enrollment from an approved preparation program accepted under 4 AAC 12.307(a); and

(B) for each endorsement area listed on the recommendation or proof of program enrollment provided under (A) of this paragraph, a score that meets or exceeds the required score on a content area examination for any endorsement area designated in 4 AAC 12.407 or each equivalent content area examination required by a certifying state agency for an endorsement on a comparable certificate held by the applicant;

(6) if the applicant has completed an approved program accepted under 4 AAC 12.307(a)(2), provides evidence of a comparable certificate issued by the certifying state agency with jurisdiction over the program or an assurance by the certifying state agency or preparing institution that all requirements, including testing required by the jurisdiction, have been satisfied by the applicant and that the applicant is eligible to gain the comparable certification in the state where the preparing institution is located;

(7) has met the requirements of 4 AAC 12.397(a);

(8) satisfies the requirements for an initial teacher certificate under AS 14.20.020; and

(9) if the applicant seeks to qualify for certification under AS 14.20.020 to teach students in grades K - 3, has met the requirements of 4 AAC 12.393(a).

(b) Except as provided in 4 AAC 12.306, the department will issue a professional teacher certificate, valid for five years, to an applicant who has

(1) met the requirements of (a) of this section for an initial teacher certificate;

(2) passed

(A) the competency examination by achieving qualifying scores as described in (a)(2) of this section, if under AS 14.20.017 or 14.20.022 the applicant had not yet met competency examination requirements as of the date of the initial teacher certificate; and

(B) a content area examination for any requested endorsement area designated in 4 AAC 12.407 by meeting or exceeding the required score, or each equivalent content area examination required by a certifying state agency for a comparable endorsement held by the applicant;

(3) completed three semester hours in Alaska studies and three semester hours in multicultural education or cross cultural communications;

(4) completed a teacher education program, or an alternate teacher preparation program accepted by the commissioner under 4 AAC 12.307 or (e) of this section, and from which the applicant has obtained a recommendation for certification;

(5) completed any academic or other training that the department designated, at the time of application, as necessary for professional development, based on student achievement data;

(6) within the five years immediately preceding application, earned at least

(A) six semester hours of college credit;

(B) 90 hours of continuing education units; or

(i) aligned with one of the statewide goals adopted by the board under AS 14.07.165;

(ii) approved by the department; and

(iii) based on a completed application form submitted to the department by a district or an educational organization;

(7) had at least two years of employment as a teacher while holding a valid teacher certificate issued by a state with an evaluation under the state's evaluation system indicating the applicant's performance is proficient or exemplary on the state's standards for teachers; and

(8) met the requirements of 4 AAC 12.397(a).

(1) the requirements of (a) and (b) of this section for a professional teacher certificate;

(2) one of the following requirements:

(A) national board certification from the National Board for Professional Teaching Standards; or

(B) master certification from a recognized national certification program as approved by the department; and

(3) the requirements of 4 AAC 12.397(a).

(d) An initial teacher certificate is valid for five years, or for the period set in AS 14.20.017, 14.20.020(h), or 14.20.022 if the initial teacher certificate is issued under one of those provisions.

(e) In addition to programs accepted under (b)(4) of this section, the commissioner will approve an alternate teacher preparation program if the program meets standards that are substantially equivalent to the standards met by programs accepted under (b)(4) of this section.

(f) Repealed 9/17/2011.

(g) A teacher who has not met the qualifications for a professional teacher certificate under (b) of this section when the teacher's initial teacher certificate issued under AS 14.20.020 expires under (d) of this section may apply for renewal of the initial teacher certificate.

(h) Repealed 4/24/2016.

(i) To maintain an initial teacher certificate issued under (a) of this section, a teacher who is enrolled in but has not completed a teacher preparation program, must, at the beginning of each school year, provide evidence to the department from the teacher preparation program that the teacher continues to be enrolled in and is making satisfactory progress in the teacher preparation program. If the teacher terminates enrollment in the teacher preparation program, the teacher must notify the department immediately. A teacher who terminates enrollment in a teacher preparation program is no longer certified to teach in the state and must surrender the teacher's certificate.

(j) Repealed 4/24/2016.

History

Authority: AS 14.07.060; AS 14.20.017; AS 14.20.022 AS 14.20.015; AS 14.20.020
Eff. 9/29/2005, Register 175; am 9/30/2005, Register 175; am 8/15/2008, Register 187; am 10/31/2008, Register 188; am 9/17/2011, Register 199; am 9/7/2012, Register 203; am 6/27/2014, Register 210; am 4/24/2016, Register 218; am 2/5/2017, Register 221; am 10/26/2022, Register 244; am 6/18/2023, Register 246; am 7/1/2023, Register 247

4 AAC 12.306 Recognition of certificates of out-of-state teachers; professional teacher certificates {#sec-4-aac-12.306 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.306}

(a) The department will issue a professional teacher certificate to an applicant who

(1) meets the requirements of AS 14.20.015;

(2) has at least two years of employment as a teacher while holding a valid, regular teacher certificate issued by another state or jurisdiction;

(3) has met, or will meet within two years after the teacher certificate was issued, the requirements of AS 14.20.020(h);

(4) has met, or will meet within 90 days after the teacher certificate was issued, the requirements of AS 14.20.020(k) and 4 AAC 12.397(a); and

(5) if the applicant seeks certification to teach students in grades K - 3, has met the requirements of 4 AAC 12.393(a).

(b) A professional teacher certificate issued under this section is valid for

(1) 90 days if the training requirements of 4 AAC 12.397(a) have not been satisfied;

(2) two years if the education requirements of AS 14.20.020(h) have not been satisfied; and

(3) five years if both the training requirements of 4 AAC 12.397(a) and the education requirements of AS 14.20.020(h) are satisfied.

(c) A professional teacher certificate issued under this section that remains valid for five years is renewable under 4 AAC 12.405.

(d) The department will prioritize the processing of a complete application from an applicant who applies for a professional certificate under AS 14.20.015 and is the spouse of an active member of the armed forces of the United States. A complete application must include evidence that the applicant is married to a member of the armed forces of the United States who is on active duty and assigned to a duty station in this state under official active duty military orders.

History

Authority: AS 14.07.060; AS 14.20.015; AS 14.20.020
Eff. 6/18/2023, Register 246; am 7/1/2023, Register 247

4 AAC 12.307 Acceptance of educator preparation programs {#sec-4-aac-12.307 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.307}

(a) For purposes of issuing a certificate under this chapter, the commissioner will accept the educator preparation program completed by an applicant for a professional teacher certificate under 4 AAC 12.305(b), special education endorsement certificate under 4 AAC 12.330, school administrator or special education administrator certificate under 4 AAC 12.345, and a special education administrator certificate under 4 AAC 12.347, if the preparation program

(1) is approved by the board under 4 AAC 12.308; or

(2) for a program offered in another state, is

(A) offered by a regionally accredited institution of higher education or was an alternate program approved by the board of education or chief school officer in the state in which the program is offered as meeting the state's standards for comparable certificates; and

(B) approved by the board of education or chief school officer of the state in which the program is offered as substantially meeting the unit standards set out in Professional Standards for the Accreditation of Teacher Preparation Institutions, adopted by reference in 4 AAC 12.308.

(b) For purposes of this section, the commissioner may consider a program that substantially meets the unit standards set out in Professional Standards for the Accreditation of Teacher Preparation Institutions, adopted by reference in 4 AAC 12.308, to have been approved by the state in which the program was offered if that state awards comparable certificates based on the preparation program in question.

(c) An applicant for certification who has completed an approved program accepted under (a)(2) of this section must provide evidence of a comparable certificate issued by the certifying state agency with jurisdiction over the program or an assurance by the certifying state agency or preparing institution that all requirements, including testing required by the jurisdiction, have been satisfied by the applicant and that the applicant is eligible to gain the comparable certification in the state where the preparing institution is located.

History

Authority: AS 14.07.060; AS 14.20.020 AS 14.20.010; AS 14.20.022
Eff. 9/7/2012, Register 203; am 4/24/2016, Register 218

4 AAC 12.308 Approval of in-state educator preparation programs {#sec-4-aac-12.308 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.308}

(a) A regionally accredited institution of higher education or a nationally accredited institution of higher education if approved by the commissioner under AS 14.20.020(b) in this state may apply to the board for approval of the following educator preparation programs:

(1) a teacher preparation program;

(2) a special education teacher preparation program;

(3) an education administrator preparation program; the program may include a specialization for principal or superintendent;

(4) a special education administrator preparation program;

(5) a special services preparation program in school psychology, school counseling, school social work, or school library science.

(b) For educator preparation programs for which the National Council for Accreditation of Teacher Education or the Council for the Accreditation of Educator Preparation (CAEP) sets standards, the board will approve an application under (a) of this section if the program offered by the applicant substantially meets the Professional Standards for the Accreditation of Teacher Preparation Institutions, published by the National Council for Accreditation of Teacher Education, revised as of February 2008, and adopted by reference or the CAEP Accreditation Standards, published by the Council for the Accreditation of Educator Preparation, revised as of February 13, 2015, and adopted by reference. For a special services preparation program, the board will approve an application under (a) of this section if the program offered by the applicant substantially meets the following:

(1) in school psychology, the

(A) Standards for Training and Field Placement Programs in School Psychology, published by the National Association of School Psychologists, dated July 15, 2000, and adopted by reference; or

(B) Guidelines and Principles for Accreditation of Programs in Professional Psychology, published by the American Psychological Association, revised as of January 2009, and adopted by reference;

(2) in school counseling, the Council for the Accreditation of Counseling and Related Educational Programs (CACREP) 2009 Standards, published by the Council for the Accreditation of Counseling and Related Educational Programs, 2009, and adopted by reference;

(3) in school social work, the Educational Policy and Accreditation Standards, published by the Council on Social Work Education, revised as of March 27, 2010, and adopted by reference;

(4) in school library science, the Standards for Accreditation of Master's Programs in Library and Information Studies, published by the American Library Association, dated January 15, 2008, and adopted by reference.

(c) An institution may apply for approval under (a) of this section only if the institution's headquarters are located in this state and the institution is not eligible to have its educator training program reviewed for approval by a state board of education located in a different state.

(d) An approval of an educator preparation program under (a) of this section expires seven years after granted. An institution may reapply for approval of a program at any time during the seven years, and must reapply if the institution makes changes to the program that would trigger a new accreditation evaluation. The board may withdraw approval of a program at any time if the board receives substantial evidence that the program no longer meets the standards in (b) of this section.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.20.620 AS 14.20.010; AS 14.20.022; AS 14.20.630
Eff. 9/7/2012, Register 203; am 12/27/2012, Register 204; am 4/24/2016, Register 218; am 10/26/2022, Register 244

4 AAC 12.310 Designation and qualifying scores of teacher competency examination {#sec-4-aac-12.310 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.310}

(a) The following Praxis I: Academic Skills Assessments are designated as competency examinations for teachers under AS 14.20.020(i) with the following qualifying scores for this state:

(1) for the Computer Based Test (adaptive),

(A) reading: 322;

(B) writing: 321; and

(2) for the Computerized Pre-Professional Skill Test, an average score of 174 with no score less than 172 on each of the reading, writing, and mathematics tests; and

(3) for the Academic Skills for Educators Test,

(A) reading (5712): 156;

(B) writing (5722): 162; and

(b) The California Basic Educational Skills Test, administered in California or Oregon, is designated as a teacher competency examination under AS 14.20.020(i) with a qualifying score of at least a total score of 123, except that no score on any subsection of the test may fall below a scaled score of 37.

(c) The Washington Educator Skills Test - Basic is designated as a teacher competency examination under AS 14.20.020(i) with qualifying scores of

(1) reading: 240;

(2) writing: 240; and

(3) mathematics: 240.

(d) Any of the following examinations is designated as a teacher competency examination under AS 14.20.020(i):

(1) the Alabama Work Keys with qualifying scores of

(A) reading for information: 4;

(B) writing: 3; and

(2) the Florida Teacher Certification Exams with qualifying scores of a passing score on each of the reading, English language skills, and mathematics tests;

(3) the Georgia Assessments for the Certification of Educators with qualifying scores of a passing score on each of the reading, writing, and mathematics tests;

(4) the Illinois Certification Testing System with a scaled total test score of 240 as a qualifying score, and additionally with qualifying scores of

(A) reading: 50 percent of questions correct;

(B) writing: 5 out of 12;

(D) language arts: 50 percent of questions correct;

(5) the Michigan Test for Teacher Certification with a scaled score of 220 in each of the reading, writing, and mathematics tests as qualifying scores;

(6) the New Mexico Assessment of Teacher Basic Skills with qualifying scores of

(A) reading: 240;

(B) writing: 240; and

(7) the New York State Teacher Certification Liberal Arts and Sciences Test with a qualifying score of 220;

(8) the Oklahoma General Education Test with a total test score of 240 or more as a qualifying score, and additionally with qualifying scores of a passing score on each of the general studies and liberal arts and sciences tests;

(9) the National Evaluation Series (NES) Essential Academic Skills with a qualifying score of 220 on each of the reading, writing, and mathematics subtests;

(10) the SAT with qualifying scores of

(A) reading: 500;

(B) mathematics: 515;

(11) the ACT with qualifying scores of

(A) reading: 22;

(B) mathematics: 22;

(12) the GRE taken before August 1, 2011 with qualifying scores of

(A) reading (verbal): 450;

(B) mathematics (quantitative): 500;

(13) the GRE taken on or after August 1, 2011 with qualifying scores of

(A) verbal reasoning: 153;

(B) quantitative reasoning: 145;

(14) the Pennsylvania Pre-service Academic Performance Assessment with qualifying scores of

(A) reading: 220;

(B) mathematics: 193;

(15) the Missouri Educator Gateway Assessments with qualifying scores of

(A) reading: 183;

(B) mathematics: 180;

(16) the Illinois Test of Academic Proficiency with qualifying score of 240 on each subtest for reading comprehension, language arts, mathematics, and writing.

(e) In this section,

(1) "ACT" means the ACT high school achievement and college admissions examination administered by ACT, Inc.;

(2) "SAT" means the SAT high school achievement and college admissions test administered by College Board, Inc.;

(3) "GRE" means the graduate record examination general test administrated by the Educational Testing Service;

(4) "qualifying score" means a passing score representing the minimum acceptable level of performance for a teacher competency examination.

(f) An applicant who has qualified for certification with the certifying agency of another jurisdiction may satisfy the requirement of AS 14.20.020(i) by providing to the department the applicant's qualifying scores on each competency examination required by the certifying agency of the other jurisdiction.

(g) The department will reevaluate a qualifying score for a competency examination identified in this section at least once every five years under 4 AAC 12.409.

(h) The department will review a competency examination identified in this section at least once every three years under 4 AAC 12.409.

History

Authority: AS 14.07.060; AS 14.20.020 AS 14.20.010; AS 14.20.030
Eff. 9/29/2005, Register 175; am 9/30/2005, Register 175; am 12/21/2007, Register 184; am 6/27/2014, Register 210; am 4/24/2016, Register 218; am 6/1/2018, Register 226; am 11/28/2019, Register 232; am 7/1/2023, Register 247

4 AAC 12.315 Teachers holding regular or advanced Type A certificates on September 29, 2005 {#sec-4-aac-12.315 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.315}

Repealed.

History

Eff. 9/29/2005, Register 175; repealed 4/24/2016, Register 218

4 AAC 12.320 Alaska teacher performance review standards; reconsideration {#sec-4-aac-12.320 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.320}

Repealed.

History

Eff. 9/29/2005, Register 175; am 9/20/2006, Register 179; am 9/21/2006, Register 179; am 6/22/2008, Register 186; am 10/31/2008, Register 188; repealed 4/24/2016, Register 218

4 AAC 12.325 Certification requirements for administrators performing specific duties {#sec-4-aac-12.325 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.325}

(a) An individual must possess an administrative certificate issued under this chapter if a district has vested that individual with the primary authority and responsibility of any of the following administrative functions:

(1) selection, appointment, oversight, review, and control of employees of the district required to hold certificates issued under this chapter;

(2) oversight of planning and development of one or more educational programs of the district.

(b) Each district must submit to the department a written designation of the individual responsible for each of the administrative functions set out under (a) of this section, along with proof that the individual possesses the administrative certificate required under this section.

(c) If a district enters a professional services contract with a corporation or other organization to obtain the services of one or more administrators who are vested with primary authority and responsibility for any of the administrative functions set out under (a) of this section, the contract must specifically designate one or more individuals who will be responsible for each of the administrative functions set out under (a) of this section. The district must provide to the department a copy of each current contract along with proof that each designated individual possesses the administrative certificate required under this section.

History

Authority: AS 14.07.060; AS 14.20.010; AS 14.20.020
Eff. 9/29/2005, Register 175

4 AAC 12.330 Endorsement requirements for teachers providing special education {#sec-4-aac-12.330 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.330}

(a) A person employed by or on behalf of a school district to teach special education to a child with a disability must possess a teacher certificate issued under 4 AAC 12.305 or a special education alternate program certificate issued under 4 AAC 12.340 and must obtain a special education endorsement under this section, based upon completion of a teacher training program in special education accepted by the commissioner under 4 AAC 12.307, completion of an alternate program accepted by the commissioner under 4 AAC 12.307, or by meeting the requirements for a special education alternate program certificate under 4 AAC 12.340.

(b) A person who has the primary responsibility for the evaluation of, the planning of educational programs for, or the teaching of or training of staff to teach children who are visually impaired or deaf must have an endorsement in the education of children with the relevant impairment.

(d) Repealed 4/24/2016.

(e) Repealed 4/24/2016.

History

Authority: AS 14.07.060; AS 14.20.017; AS 14.20.025 AS 14.20.015; AS 14.20.020
Eff. 9/29/2005, Register 175; am 9/7/2012, Register 203; am 4/24/2016, Register 218; am 10/26/2022, Register 244

4 AAC 12.335 Requirements for teachers of gifted children {#sec-4-aac-12.335 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.335}

Repealed.

History

Eff. 9/29/2005, Register 175; repealed 10/26/2022, Register 244

4 AAC 12.340 Special education or special services alternate program certificate {#sec-4-aac-12.340 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.340}

(a) If a school district superintendent is unable to recruit and hire a teacher who holds a valid teacher certificate under 4 AAC 12.305 with a special education endorsement or a special services certificate (Type C) under 4 AAC 12.355, the superintendent may request that the commissioner issue a special education or special services alternate program certificate for the hiring of a person who does not have the required endorsement or certificate.

(b) The commissioner may grant an alternate program certificate under this section only if the chief school administrator of the district requests it through formal action of the school board.

(c) An application for an alternate program certificate under this section must be submitted on a form provided by the department and include

(1) proof that the person for whom the alternate program certificate is requested holds at least a bachelor's degree

(2) a letter from the school district superintendent that details the actions taken by the district to recruit a person who holds a teacher certificate under 4 AAC 12.305 with a special education endorsement or a special services certificate under 4 AAC 12.355, including, at a minimum, either

(A) recruiting through the University of Alaska Fairbanks Alaska Teacher Placement program; or

(B) advertising in one or more newspapers of general circulation;

(3) official transcripts evidencing that the person for whom the alternate program certificate is requested has completed a minimum of nine semester or 12 quarter hours of coursework required to complete the approved program under 4 AAC 12.307;

(4) a letter from a program approved under 4 AAC 12.307 evidencing that the person for whom the alternative program certificate is requested is enrolled in an educational program that will qualify the person to receive a teaching certificate under 4 AAC 12.305 with a special education endorsement or a special services certificate under 4 AAC 12.355 not later than three years after the date of the application;

(5) for an applicant applying for an alternate program certificate with a special education endorsement, qualifying scores on one of the competency examinations designated in 4 AAC 12.310; and

(6) evidence that the applicant has met the requirements of 4 AAC 12.397(a).

(d) An alternate program certificate under this section is valid for up to three school years, contingent on the annual submission by the district of evidence from the educational program that the teacher or special services provider for whom the alternate program certificate was granted continues to be enrolled in and is making satisfactory yearly progress on the individualized educational program set out in the application and can complete the program not later than three years after the date of the application for an alternate program certificate under this section.

(e) An alternate program certificate issued under this section is valid only in the district to which it is granted. The duration of an alternate program certificate may not be extended beyond three school years.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.30.250
Eff. 9/29/2005, Register 175; am 3/24/2007, Register 181; am 10/26/2022, Register 244

4 AAC 12.345 Administrative certificate (Type B); provisional certificate (provisional Type B) {#sec-4-aac-12.345 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.345}

(a) The department will issue an administrative certificate (Type B) with a superintendent or other administrative endorsement, valid for five years, to an applicant who has a master's or higher degree, is recommended by the preparing institution, and

(1) has met the minimum experience requirements, as follows:

(A) for a superintendent endorsement, at least five years of satisfactory employment as a teacher or administrator, with a minimum of

(i) three years of employment as a teacher in an elementary or secondary program with a teacher certificate under 4 AAC 12.305, a regular teacher certificate (Type A) issued before September 29, 2005 or a comparable certificate issued by another state; and

(ii) one year of employment as an administrator with an administrative certificate or comparable certificate from another state;

(B) for other administrative endorsements, three years of satisfactory employment as a teacher or special services provider in an elementary or secondary program with a teacher certificate under 4 AAC 12.305, a special services certificate (Type C) issued under 4 AAC 12.355, or a comparable certificate issued by another state;

(C) for a special education administrator endorsement, three years of satisfactory employment as a teacher in an elementary or secondary program with a teacher certificate under 4 AAC 12.305 or a comparable certificate issued in another state;

(2) has completed a school administration program accepted by the commissioner under 4 AAC 12.307, or for the special education administrator endorsement a special education administration program accepted by the commissioner under 4 AAC 12.307; and

(3) has met the requirements of 4 AAC 12.397(a).

(b) Repealed 10/26/2022.

(c) To meet the requirements of (a) of this section, the applicant must have satisfactorily completed three semester hours in Alaska studies and three semester hours in multicultural education or cross-cultural communications.

(d) The commissioner may issue a nonrenewable provisional certificate (provisional Type B), valid for no longer than two years, to an applicant who has completed the requirements of this section, except for the requirements in (c) of this section.

(e) For purposes of certification of superintendents and administrators of special education, a provisional certificate (provisional Type B) may be considered the equivalent of an administrative certificate (Type B).

(f) The commissioner may convert a provisional certificate (provisional Type B) to an administrative certificate (Type B) upon satisfactory completion of the courses required under (c) of this section and payment of the fee for an administrative certificate.

(g) If a special education administrator holds a current valid administrative certificate (Type B) and meets the requirements for renewal of that certificate, but does not meet the teaching and teaching certificate requirements of (a) of this section, the department will issue the individual a special education administrator certificate (Type F) under 4 AAC 12.346, rather than an administrative certificate (Type B) under this section.

(h) The department will endorse an administrative certificate (Type B) in one or more development levels, content areas, or specialty areas applicable to the type of certificate, if the recommendation from the preparing institution required under (a) of this section verifies the applicant's completion of an approved educational program in the level or area for which endorsement is sought. The program must meet the program requirements set out in 4 AAC 12.307(a).

(i) An applicant for endorsement under this section who has completed an approved program accepted under 4 AAC 12.307(a)(2) must provide evidence of a comparable certificate or endorsement issued by the certifying state agency with jurisdiction over the program or an assurance by the certifying state agency or preparing institution that all requirements, including testing required by the jurisdiction, have been satisfied by the applicant and that the applicant is eligible to gain the comparable certification or endorsement in the state where the preparing institution is located.

(j) In addition to the requirements of (a) of this section, a school administrator who supervises teachers of kindergarten through grade 3 shall obtain a K - 3 educator endorsement under 4 AAC 12.393(a) within the time period required under 4 AAC 12.393(c).

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.30.255
Eff. 9/29/2005, Register 175; am 8/31/2008, Register 187; am 9/17/2011, Register 199; am 9/7/2012, Register 203; am 4/24/2016, Register 218; am 10/26/2022, Register 244; am 7/1/2023, Register 247

4 AAC 12.346 Administrative certificate (Type B limited) {#sec-4-aac-12.346 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.346}

(a) The department will issue a limited administrative certificate (Type B limited) with a superintendent endorsement, valid for one year if

(1) the applicant has demonstrated administrative expertise and has the educational background, as described in (b) of this section;

(2) the school board for the district in which the applicant will be employed, through its school board president, has requested issuance of a limited administrative certificate for the applicant under this section;

(3) the school board for the district in which the applicant will be employed has provided an experienced mentor for at least the first two years of the applicant's employment with the school district as the superintendent; the mentor must hold or have held the position of superintendent in a school district in this state under a valid certificate;

(4) the applicant has successfully passed the criminal history background check in the same manner as a teacher certified under AS 14.20.020 and 4 AAC 12.300;

(5) the applicant submits to the department

(A) one completed fingerprint card, with fingerprinting performed by a law enforcement agency or a person who has been trained in recording fingerprints, for separate submittal to the Department of Public Safety and the Federal Bureau of Investigation; the department will accept a name-based criminal history background check on an applicant from the agency performing the background check if the requirements of AS 14.20.020(j) are met;

(B) the fee for the criminal history background check in the amount charged by the Department of Public Safety as set out in 13 AAC 68.900; and

(6) the applicant has met the requirements of 4 AAC 12.397(a).

(b) To demonstrate the competency required under (a) of this section, the applicant must

(1) submit two letters of recommendation verifying the applicant's length of experience and expertise in

(A) organizational leadership;

(B) creation of effective work environments;

(D) communication with diverse stakeholder groups;

(E) compliance with established laws, policies, procedures, and good business practices; and

(F) the selection, appointment, oversight, review, and evaluation of employees;

(2) possess a master's degree or higher; and

(3) have completed five or more years of full-time work experience in an administrative position.

(c) The department may extend the initial one-year limited administrative certificate issued under (a) of this section for an additional year, if the applicant demonstrates that the applicant has

(1) enrolled in or completed an education administrator preparation program with a specialization for superintendent approved or accepted under 4 AAC 12.307 - 4 AAC 12.308; and

(2) completed three semester hours of educator evaluation coursework approved by the department.

(d) The department may approve an additional one-year extension of the extended certificate issued under (c) of this section, if the applicant has completed three semester hours of Alaska studies and three semester hours in multicultural education or cross-cultural communications as described in AS 14.20.020(h) and shows substantial progress toward completion of the education administrator preparation program described in (c) of this section.

(e) The department may approve an additional two-year extension of the extended certificate issued under (d) of this section if, not later than three years after the initial application under (a) of this section, the applicant has completed the education administrator preparation program descried in (c) of this section.

(f) A limited administrative certificate issued under (e) of this section may be renewed any number of times for five years upon submission to the department of

(1) evidence of satisfactory completion of credit requirements as described in 4 AAC 12.405; and

(2) evidence of satisfactory administrative performance under the limited certificate; and

(3) request for renewal from the school board of the district in which the certificate holder is employed.

(g) A limited administrative certificate is valid only in the school district or regional educational attendance area whose school board requested the certificate.

(h) Before conducting certificated employee evaluations under AS 14.20.149, the individual holding a limited administrative certificate authorized under this section must satisfactorily complete the educator evaluation coursework requirement described in (c)(2) of this section and the school district's certificated employee evaluation system training.

(i) Except for a certificate issued under (f) of this section, the department will not issue to an applicant more than once a certificate or extension of a certificate available under this section.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.020
Eff. 7/1/2015, Register 215; am 4/24/2016, Register 218

4 AAC 12.347 Special education administrator certificate (Type F); provisional certificate (provisional Type F) {#sec-4-aac-12.347 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.347}

(a) The department will issue a special education administrator certificate (Type F), valid for five years, to an applicant who has a master's or higher degree, is recommended by the preparing institution, and

(1) has completed three years of satisfactory employment as a school counselor, speech pathologist, or school psychologist in an elementary or secondary program with a special services (Type C) certificate under 4 AAC 12.355 or a comparable certificate issued in another state; and

(2) has completed a special education administration program accepted by the commissioner under 4 AAC 12.307.

(b) Repealed 10/26/2022.

(d) The commissioner may issue a nonrenewable provisional certificate (provisional Type F), valid for no longer than two years, to an applicant who has completed the requirements of this section, except for the requirements in (c) of this section.

(e) For purposes of certification of special education administrators, a provisional certificate (provisional Type F) may be considered the equivalent of a special education administrator certificate (Type F).

(f) The commissioner may convert a provisional certificate (provisional Type F) to a special education administrator certificate (Type F) upon satisfactory completion of the courses required under (c) of this section and payment of the fee for a special education administrator certificate.

(g) The department will endorse a special education administrative certificate (Type F) in one or more development levels, content areas, or specialty areas applicable to the type of certificate, if the recommendation from the preparing institution required in (a) of this section verifies the applicant's completion of an approved educational program in the level or area for which endorsement is sought. The program must meet the requirements set out in 4 AAC 12.307(a).

(h) An applicant for endorsement under this section who has completed an approved program accepted under 4 AAC 12.307(a)(2) must provide evidence of a comparable certificate or endorsement issued by the certifying state agency with jurisdiction over the program or an assurance by the certifying state agency or preparing institution that all requirements, including testing required by the jurisdiction, have been satisfied by the applicant and that the applicant is eligible to gain the comparable certification or endorsement in the state where the preparing institution is located.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.30.255
Eff. 8/31/2008, Register 187; am 9/17/2011, Register 199; am 9/7/2012, Register 203; am 4/24/2016, Register 218; am 10/26/2022, Register 244

4 AAC 12.350 Certification for administrators of special education {#sec-4-aac-12.350 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.350}

Each person employed solely to administer a special education program must possess

(1) both a Type B certificate issued under 4 AAC 12.345 and a teacher certificate issued under 4 AAC 12.305 endorsed for special education or for a related services specialty;

(2) a Type B certificate issued under 4 AAC 12.345 endorsed for special education or a related services specialty; or

(3) a Type F certificate issued under 4 AAC 12.347.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.30.255
Eff. 9/29/2005, Register 175; am 8/31/2008, Register 187

4 AAC 12.355 Special services certificate (Type C); provisional certificate (provisional Type C) {#sec-4-aac-12.355 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.355}

(a) The department will issue a special services certificate (Type C), valid for five years, to an applicant who has completed a program in a special service area, has a bachelor's or higher degree, is recommended by the preparing institution, and has met the requirements of 4 AAC 12.397(a).

(b) Repealed 10/26/2022.

(d) Repealed 4/24/2016.

(e) To meet the requirements of (a) of this section, the applicant must have satisfactorily completed three semester hours in Alaska studies and three semester hours in multicultural education or cross-cultural communications.

(f) The commissioner may issue a nonrenewable provisional certificate (provisional Type C), valid for no longer than two years, to an applicant who has completed the requirements of this section, except for the requirements in (e) of this section.

(g) For the purposes of certification for related services providers under this chapter, a provisional certificate (provisional Type C) may be considered as the equivalent of a special services certificate (Type C).

(h) The commissioner may convert a provisional certificate (provisional Type C) to a special services certificate (Type C) upon satisfactory completion of the courses required under (e) of this section and payment of the fee for a special services certificate.

(i) The department will endorse a special services certificate (Type C) in one or more development levels or specialty areas if the recommendation from the preparing institution required in (a) of this section verifies the applicant's completion of an approved educational or special service program in the level or area for which endorsement is sought. The program must meet the requirements set out in 4 AAC 12.307(a).

(j) An applicant for endorsement under this section who has completed an approved program accepted under 4 AAC 12.307(a)(2) must provide evidence of a comparable certificate or endorsement issued by the certifying state agency with jurisdiction over the program or an assurance by the certifying state agency or preparing institution that all requirements, including testing required by the jurisdiction, have been satisfied by the applicant and that the applicant is eligible to gain the comparable certification or endorsement in the state where the preparing institution is located.

(k) For the "school psychology" endorsement, the applicant must

(1) hold a master's or higher degree in school psychology and

(A) be recommended for endorsement by an institution whose psychology program has been approved by the National Council for Accreditation of Teacher Education, the National Association of State Directors of Teacher Education and Certification, the National Association of School Psychologists, or the American Psychological Association; or

(B) have completed a 1,200-hour internship in school psychology, 600 hours of which must be completed on site in preschool or kindergarten - grade 12 programs; or

(2) hold a master's or higher degree in a related field and be a nationally certified school psychologist under the National School Psychologist Certification System established by the National Association of School Psychologists.

(l) For the "speech," "language," or "hearing" endorsement, the applicant must

(1) either

(A) hold a master's or higher degree with major emphasis in

(i) speech-language pathology;

(ii) audiology; or

(iii) speech-language and hearing science; or

(B) possess certification of clinical competence from the American Speech-Language-Hearing Association; and

(2) be recommended for the endorsement by an institution whose program has been accredited by the National Council for Accreditation of Teacher Education or the National Association of State Directors of Teacher Education and Certification or approved by the American Speech-Language-Hearing Association.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 9/29/2005, Register 175; am 9/17/2011, Register 199; am 4/24/2016, Register 218; am 10/26/2022, Register 244

4 AAC 12.360 Advanced special services certification (Advanced Type C certification) {#sec-4-aac-12.360 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.360}

(a) The department will issue an advanced special services certificate (Advanced Type C) to an applicant who qualifies for a special services certificate (Type C) under 4 AAC 12.355, as applicable, and who

(1) earns national certification;

(2) submits to the department

(A) a completed application form provided by the department for an advanced special services certificate;

(B) a copy of the national certification for each area for which advanced special services certification is sought;

(C) unless the applicant has successfully passed a criminal background check to obtain, reinstate, or renew a certificate in this state,

(i) one completed fingerprint card, with fingerprinting performed by a law enforcement agency or a person who has been trained in recording fingerprints, for separate submittal to the Department of Public Safety and the Federal Bureau of Investigation; the department will accept a name-based criminal history background check on an applicant from the agency performing the background check if the requirements of AS 14.20.020(j) are met; and

(ii) the fee for the criminal history background check in the amount charged by the Department of Public Safety as set out in 13 AAC 68.900;

(3) if required by (2)(C) of this subsection, successfully passes the criminal background check in the same manner as a teacher certified under AS 14.20.020 and 4 AAC 12.300; and

(4) has met the requirements of 4 AAC 12.397(a).

(b) An advanced special services certificate is valid only for

(1) each area of national certification that the applicant holds; and

(2) the term of the applicable national certification.

(c) An advanced special services certificate may be renewed without paying a renewal fee by submitting to the department a copy of a new or renewed national certification for the area for which advanced special services certification is sought.

(d) An advanced special services certificate is not required to teach in this state.

(e) An advanced special services certificate may be held in lieu of a regular special services certificate.

(f) The holder of an advanced special services certificate whose regular special services certificate expires before the corresponding advanced special services certificate may reinstate the expired special services certificate upon submission of

(1) a completed application for renewal under 4 AAC 12.405;

(2) a transcript showing six semester hours of credit that meets the requirements of 4 AAC 12.405(a);

(3) the fee required under 4 AAC 12.300(g)(1) for initial issuance of a regular certificate; and

(4) proof of current employment that requires a teacher certificate in a public school of this state or, in lieu of that submission,

(A) submission of

(i) one completed fingerprint card, with fingerprinting performed by a law enforcement agency or a person who has been trained in recording fingerprints, for separate submittal to the Department of Public Safety and the Federal Bureau of Investigation; the department will accept a name-based criminal history background check on a person from the agency performing the background check if the requirements of AS 14.20.020(j) are met; and

(ii) the fee for the criminal background check in the amount charged by the Department of Public Safety as set out in 13 AAC 68.900; and

(B) successful passage of a criminal background check in the same manner as a teacher certified under AS 14.20.020 and 4 AAC 12.300.

(g) In this section, "national certification" means certification in one or more areas that is earned by meeting the standards set out by a nationally recognized education governing body approved by the commissioner.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 9/29/2005, Register 175; am 4/24/2016, Register 218

A person employed to provide related services, as defined in 4 AAC 52.790, including speech or language pathology, school psychology, counseling, orientation and mobility, adaptive physical education, recreation therapy, social work, and psychometry must possess a

(1) teacher certificate issued under 4 AAC 12.305 endorsed in the field of employment; or

(2) special services certificate (Type C) issued under 4 AAC 12.355 in the field of employment.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 9/29/2005, Register 175

4 AAC 12.370 Limited certificate (Type M) {#sec-4-aac-12.370 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.370}

(a) The commissioner may issue a limited certificate (Type M), valid for five years, in the specialty area of Alaska Native language or culture, or of military science, if the commissioner determines that

(1) baccalaureate degree teacher training in the specialty area of Alaska Native language or culture, or of military science is not sufficiently available;

(2) the applicant has demonstrated both subject matter expertise and teaching competency, as verified by the local school district;

(3) the school board, through its chief school administrator, has requested issuance of a limited certificate for the applicant;

(4) the applicant has successfully passed the criminal history background check in the same manner as a teacher certified under AS 14.20.020 and 4 AAC 12.300; unless the applicant has successfully passed a criminal history background check to obtain, reinstate, or renew a current teacher certificate in this state, the applicant must submit to the commissioner

(B) the fee for the criminal history background check in the amount charged by the Department of Public Safety as set out in 13 AAC 68.900; and

(5) the applicant has met the requirements of 4 AAC 12.397(a).

(b) To demonstrate subject matter and teaching competency required under (a) of this section, the applicant must submit two letters of recommendation verifying the applicant's length of experience and competency in the specialty field and,

(1) in the Alaska Native language or culture specialty,

(A) submit a resume demonstrating competency in an Alaska Native language or at least four years experience involving an Alaska Native culture, as verified by the school district;

(B) submit additional information requested by the department relevant to the determination of expertise and teaching competency in this specialty;

(2) in a military science specialty,

(A) meet the criteria of the United States Department of Defense to be a Junior Reserve Office Training Corps Instructor (JROTC), as verified by the school district;

(B) submit a resume to the department demonstrating competency in a military sciences specialty; and

(C) submit additional information requested by the department relevant to the determination of expertise and teaching competency in this specialty;

(3) repealed 3/28/2012.

(1) satisfactory completion of

(A) three semester hours of credit; or

(B) additional training or work experience acceptable to the commissioner;

(2) satisfactory work performance under the limited certificate; and

(3) renewal of request for a limited certificate by the school board through its chief school administrator.

(d) The department will not require the applicant to possess a baccalaureate degree for issuance of a limited certificate.

(e) A limited certificate is valid only in the school district or regional educational attendance area whose school board requested the certificate.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.20.025
Eff. 9/29/2005, Register 175; am 3/28/2012, Register 201; am 4/24/2016, Register 218

4 AAC 12.372 Limited career or technical education certificate (Type M) {#sec-4-aac-12.372 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.372}

(a) The commissioner may issue a limited career or technical education certificate (Type M), valid for five years, in a specialty area of a career or technical education course if the commissioner determines that

(1) baccalaureate degree teacher training in the specialty is not sufficiently available;

(2) the applicant has demonstrated subject matter expertise in the specialty, as verified by the local school district;

(3) the school board for the district in which the applicant will be employed, through its chief school administrator, has requested issuance of a limited career or technical education certificate for the applicant;

(B) the fee for the criminal history background check in the amount charged by the Department of Public Safety as set out in 13 AAC 68.900; and

(5) the applicant has met the requirements of 4 AAC 12.397(a).

(b) To demonstrate the subject matter competency in the career or technical specialty required under (a) of this section, the applicant must

(1) submit two letters of recommendation verifying the applicant's length of experience and competency in the specialty; and

(2) possess an industry certification in the career or technical specialty, or have completed four or more years of full-time work experience in the specialty, for which not more than two years of formal training at a trade school, technical institute, or similar institution may be substituted; in this paragraph, "industry certification" means a credential, license, or certification that permits a person to work in the career or technical specialty.

(d) A limited career or technical education certificate issued under (a) of this section may be renewed any number of times for five years upon submission to the department of

(1) evidence of satisfactory completion of

(A) three semester hours of credit related to the applicant's employment or a career and technical education specialty approved by the school district; and

(B) 135 hours of work experience in the specialty outside of work with students;

(2) evidence of satisfactory teaching performance under the limited certificate; and

(3) a request for renewal from the school board of the district in which the certificate holder is employed.

(e) The department will not require the applicant to possess a baccalaureate degree for issuance of a limited career or technical education certificate.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.20.025
Eff. 3/28/2012, Register 201; am 4/24/2016, Register 218; am 11/28/2019, Register 232

4 AAC 12.375 Limited certificate for instructional assistant continuing teacher education program (Type I) {#sec-4-aac-12.375 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.375}

(a) The department will issue an instructional assistant limited certificate (Type I) to an applicant who

(1) is nominated by a school district, through a formal action of the local school board;

(2) provides documentation of at least two years of successful employment as a paraprofessional in the nominating school district;

(3) is currently employed by the nominating school district;

(4) demonstrates basic competency by satisfying the requirements of 4 AAC 04.220(b)(1) and (2) and at least one of the requirements of 4 AAC 04.220(c)(1), (2), or (3);

(5) is currently enrolled in an approved baccalaureate degree teacher education program at an institution of higher education accredited

(A) by a recognized regional accrediting association; or

(B) by a nationally recognized accrediting association if approved by the commissioner under AS 14.20.020(b) and 4 AAC 12.305(b)(4);

(6) submits to the department a plan that has been agreed to by the chief school administrator of the nominating district, the approved baccalaureate degree teacher education program, the certificated teacher mentor, the cooperating teacher, and the applicant and that meets the terms and conditions set out in (b) of this section; and

(7) has met the requirements of 4 AAC 12.397(a).

(b) The plan described in (a)(6) of this section must, at a minimum, provide

(1) a program for support of the applicant by the teacher education program of the institution described in (a)(5) of this section during the term of the plan, including

(A) a schedule of courses to be made available by the institution that will allow the applicant to complete the approved baccalaureate degree teacher education program and prepare the applicant to pass the examinations required under 4 AAC 12.300(b)(5) and 4 AAC 12.395(a)(2);

(B) annual milestones that the applicant must meet to establish satisfactory progress under the plan; and

(2) a program for

(A) the nominating district's support of the applicant's baccalaureate studies;

(B) supervision of all of the applicant's field experience, including student teaching, during the term of the plan; and

(C) the provision of a certificated teacher mentor to supervise and assist the applicant with the professional application of teaching theory and methodology in the classroom; and

(3) the applicant's commitment to meet the annual milestones of the plan and to complete the baccalaureate degree program within the time specified in the plan.

(c) A Type I limited certificate is valid for one school year and may be renewed each year for four additional years if the plan is executed in conformance with (a) and (b) of this section. The department will base its renewal determination on the department's review of documentation establishing conformance with the plan, including accomplishment of all annual milestones by the applicant.

(d) Possession of an instructional assistant limited certificate (Type I) qualifies the holder to instruct or teach students if authorized by the preparing institution, the certificated teacher mentor, and the cooperating teacher. Instruction and teaching must be supervised by the cooperating teacher. The cooperating teacher shall

(1) hold a valid teaching certificate issued under 4 AAC 12.305;

(2) have at least one year of teaching experience in the nominating school district;

(3) have at least three years of total teaching experience; and

(4) meet or exceed the teacher performance standards of 4 AAC 04.200(b) as verified by the nominating district's evaluation system.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 9/29/2005, Register 175; am 10/31/2008, Register 188; am 4/24/2016, Register 218; am 10/26/2022, Register 244

4 AAC 12.380 Retired teacher certificate (Type R) {#sec-4-aac-12.380 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.380}

(a) The department will issue a retired teacher certificate to an applicant who

(1) possesses a valid professional, master, Type A, Type B, or Type C teacher certificate from this state upon retiring from employment from a position that is eligible for benefits under AS 14.25 (Teachers' Retirement System); and

(2) meets the requirements in (d) of this section.

(b) A retired teacher certificate qualifies the holder to be assigned as a long-term substitute for any position in a public school in this state.

(c) To apply for a retired teacher certificate, an applicant must meet the applicable requirements of 4 AAC 12.300, except that the applicant is not required to submit

(1) college transcripts; or

(2) a competency examination designated in 4 AAC 12.310.

(d) To qualify for a retired teacher certificate, an applicant must

(1) be eligible for benefits under AS 14.25 (Teachers' Retirement System); and

(2) have at least three years of work experience in one or more of the endorsement areas on the applicant's valid professional, master, Type A, Type B, or Type C teaching certificate.

(e) A retired teacher certificate qualifies the holder to substitute teach for a teacher who district authorities know will be absent up to 165 consecutive days while the school is in session.

(f) The endorsements on a retired teacher certificate may only be in the areas for which the applicant holds an endorsement on a valid professional, master, Type A, Type B, or Type C teacher certificate and has at least three years of work experience in the endorsement area.

(g) To obtain reinstatement of a professional, master, Type B, or Type C teacher certificate, the holder of a retired teacher certificate must be eligible for renewal under 4 AAC 12.405.

(h) The fee for a retired teacher certificate is $240.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.20.030
Eff. 9/29/2005, Register 175; am 6/7/2015, Register 214; am 4/24/2016, Register 218; am 2/5/2017, Register 221; am 8/31/2025, Register 255

4 AAC 12.385 Career and technical education personnel qualifications {#sec-4-aac-12.385 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.385}

(a) Each person employed as a career and technical education instructor must possess

(1) a teacher certificate issued under 4 AAC 12.305 or a Type B certificate issued under 4 AAC 12.345 with a career and technical education subject matter endorsement issued under 4 AAC 12.395; or

(2) a limited certificate issued under 4 AAC 12.372.

(b) The department may grant a waiver of the endorsement requirement in (a) of this section to a person who held a Type A or B certificate on December 23, 1988.

(c) A person employed at a school site that has a grade 9 - 12 secondary school average daily membership of less than 100 is exempt from the endorsement requirement in (a) of this section.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 9/29/2005, Register 175; am 9/17/2011, Register 199; am 3/28/2012, Register 201

4 AAC 12.388 Limited world language immersion teacher certificate {#sec-4-aac-12.388 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.388}

(a) The department will issue a one-year limited world language immersion teacher certificate (Type W) with an endorsement in an applicant's world language of expertise and in the content areas requested by the school board of the district in which the applicant will be teaching if

(1) the applicant has demonstrated the world language expertise, content area knowledge, and instructional skill described in (b), (c), and (d) of this section;

(2) the school board for the district in which the applicant will be employed

(A) has requested, through its chief school administrator, issuance of a limited world language immersion teacher certificate for the applicant under AS 14.20.023(c); and

(B) will provide an experienced mentor for at least the first two years of the applicant's employment with the school district; the mentor must hold or have held the position of a world language immersion teacher in a school district in this state under a valid certificate;

(3) the applicant has successfully passed the criminal history background check in the same manner as a teacher certified under AS 14.20.020 and 4 AAC 12.300;

(4) the applicant has met the requirements of 4 AAC 12.397(a); and

(5) the applicant submits to the department

(B) the fee for the criminal history background check in the amount charged by the Department of Public Safety as set out in 13 AAC 68.900; and

(b) To demonstrate world language expertise as required under (a)(1) of this section, the applicant must

(1) have met or exceeded the required scores on a world language content examination, as described in 4 AAC 12.407; the examination must have been given in the instructional language for which the certificate is valid;

(2) hold at least a baccalaureate degree from an institution of higher education accredited by regional or national accrediting association or approved by the commissioner and

(A) have majored or minored in the world language; or

(B) at least half of the classes were taught in the world language; or

(3) have demonstrated proficiency in the areas of listening, speaking, writing, and reading through an assessment process recognized by a tribal government or school district at a level comparable to advanced low-level proficiency or higher based on the alternative foreign language proficiency assessment standards adopted by reference in 4 AAC 04.225; the assessment must have been given in the instructional language for which the certificate is valid.

(c) To demonstrate competency in the content areas requested by the school board as required under (a)(1) of this section, the applicant must

(1) hold at least a baccalaureate degree in the requested content area from an institution of higher education accredited by a regional or national accrediting association or approved by the commissioner;

(2) have met or exceeded the required scores on the content area examination, as described in 4 AAC 12.407, or an equivalent examination approved by the commissioner;

(3) demonstrate content area mastery through an assessment process established by the school district in which the applicant will be teaching; if the school district assessment requires a minimum score, the assessment must be given in the instructional language for which the certificate is valid; or

(4) demonstrate content area mastery, as determined by the school district in which the applicant will be teaching, through completion of coursework in the content area.

(d) To demonstrate instructional skill as required under (a)(1) of this section, the applicant must

(1) complete a teacher preparation program approved under 4 AAC 12.307 or 4 AAC 12.308;

(2) enroll in a teacher preparation program approved under 4 AAC 12.307 or 4 AAC 12.308; or

(3) provide two letters of reference documenting at least two years of experience providing instruction to students in a public school or other educational setting.

(e) At the request of the school board, through its chief school administrator, the department will extend a one-year limited world language immersion teacher certificate issued under (a) of this section for four additional years if the applicant meets the requirements of 4 AAC 12.405(a). The school board's request must include certification that an annual performance evaluation demonstrates that the applicant meets or exceeds the teacher content and performance standards set out in 4 AAC 04.200(b)(2) - (8).

(f) A public school district may only employ a world language immersion teacher to teach in a world language immersion program in the content areas in which the individual has earned endorsements. A limited world language immersion teacher may only provide instruction to students enrolled in a world language immersion program in a world language in which the teacher is endorsed.

(g) In this section,

(1) "district" or "school district" means a school district or regional educational attendance area;

(2) "world language" means a non-English language; "world language" includes Alaska Native languages, American Indian languages, and American Sign Language;

(3) "world language immersion program" includes full, partial, and double or dual language immersion models;

(4) "world language immersion teacher" means an individual who holds a valid limited world language immersion teacher certificate and teaches in a world language immersion program.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.20.023
Eff. 6/29/2018, Register 226; am 10/26/2022, Register 244; am 8/21/2024, Register 251

4 AAC 12.390 Early childhood education certificate (Type E) {#sec-4-aac-12.390 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.390}

(a) The department will issue an Early Childhood Associate I certificate, valid for five years, to an applicant who has met the requirements of 4 AAC 12.397(a) and

(1) completed a 30-credit university or college early-childhood education program that requires at least 400 hours of supervised practicum experience; or

(2) obtained a valid Child Development Associate (CDA) award from the Bank Street College of Education.

(b) The department will issue an Early Childhood Associate II certificate, valid for five years, to an applicant who

(1) has completed an approved associate degree program in early childhood education;

(2) has obtained an Early Childhood Associate I certificate; and

(3) has met the requirements of 4 AAC 12.397(a).

(c) Possession of an Early Childhood Education certificate does not qualify the holder to be assigned as a regular classroom teacher.

(d) Early Childhood Associate I and Early Childhood Associate II certificates may be renewed upon submission of evidence of completion of six semester hours of credit in early childhood education, or a related field, and, for the Early Childhood Associate I certificate, the renewal of a Child Development Associate award, if applicable.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 9/29/2005, Register 175; am 4/24/2016, Register 218

4 AAC 12.392 Early education lead teacher endorsement requirements {#sec-4-aac-12.392 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.392}

(a) A person employed by a school district as a teacher in charge of an early education program provided by a school district for children who are four and five years of age under AS 14.07.165(a)(5) shall obtain an early education lead teacher endorsement under this section.

(b) To qualify for an early education lead teacher endorsement, an applicant shall

(1) hold a valid teacher certificate issued under 4 AAC 12.305 or 4 AAC 12.306; and

(2) submit documentation to the department that the applicant has

(A) completed, or will complete not later than two years after the applicant's date of hire by the school district, a minimum of six credit hours in early childhood education that includes three credit hours, or the equivalent, of an evidence-based reading training course that

(i) is approved by the department; and

(ii) includes a summative assessment; or

(B) two or more years of experience teaching kindergarten or an early education program and has completed three credit hours, or the equivalent, of an evidence-based reading training course that

(i) is approved by the department; and

(ii) includes a summative assessment.

(c) In this section, "evidence-based reading training course" means a course with instruction in the areas of an "evidence-based reading intervention" within the meaning given in AS 14.30.780.

History

Authority: AS 14.07.020; AS 14.07.165; AS 14.20.020 AS 14.07.060; AS 14.20.015; AS 14.30.780
Eff. 7/1/2023, Register 247

4 AAC 12.393 Endorsement requirements for K - 3 teachers and district reading teachers {#sec-4-aac-12.393 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.393}

(a) A person employed by a school district to teach kindergarten through grade three shall obtain a K - 3 educator endorsement under this subsection. To qualify for a K - 3 educator endorsement, an applicant shall

(1) hold a teacher certificate issued under 4 AAC 12.305 or 4 AAC 12.306; and

(2) submit documentation to the department that the applicant has

(A) completed three semester hours or the equivalent of an evidence-based reading training that includes a summative assessment and is approved by the department; or

(B) achieved or exceeded the required score under 4 AAC 12.407(a) for

(i) the ETS Praxis II Teaching Reading: Elementary examination, test code 5205;

(ii) the ETS Praxis II Teaching Reading: Elementary examination, test code 5206; or

(iii) the Pearson Foundations of Reading examination or the Pearson Foundations of Reading FLEX, as provided in 4 AAC 12.407.

(b) A person employed by a district as a reading teacher shall obtain a district reading teacher endorsement not later than two years after the person's date of hire as a reading teacher. To qualify for a district reading teacher endorsement, an applicant shall

(1) hold a teacher certificate issued under 4 AAC 12.305 or 4 AAC 12.306;

(2) submit a completed reading instruction effectiveness evaluation form certified by a school principal or district representative with knowledge of the teacher's performance to the department; and

(3) submit documentation to the department that the applicant has

(A) completed an evidence-based reading training course approved by the department that includes a summative assessment; or

(B) achieved or exceeded the required score under 4 AAC 12.407(a) for

(i) the ETS Praxis II Teaching Reading: Elementary examination, test code 5205;

(ii) the ETS Praxis III Teaching Reading: Elementary examination, test code 5206; or

(iii) the Pearson Foundations of Reading examination or the Pearson Foundations of Reading FLEX, as set out under 4 AAC 12.407.

(c) The requirements of (a) of this section apply on or after July 1, 2024 to teachers who began teaching students in in grades kindergarten through three before July 1, 2023.

(d) In this section, "evidence-based reading training course" means a course with instruction in the areas of an "evidence-based reading intervention" within the meaning given in AS 14.30.780.

History

Authority: AS 14.07.020; AS 14.20.020; AS 14.30.780 AS 14.07.060; AS 14.30.765 AS 14.20.015; AS 14.30.770
Eff. 7/1/2023, Register 247; am 9/5/2025, Register 255

4 AAC 12.395 Teaching endorsements {#sec-4-aac-12.395 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.395}

(a) The department will endorse a teacher certificate under 4 AAC 12.305 if the applicant provides

(1) a recommendation from an approved preparation program accepted under 4 AAC 12.307(a) with an attestation verifying the applicant's completion of an approved educational program at the institution in the level or area for which endorsement is sought; and

(2) for each endorsement area listed on the recommendation provided under (1) of this subsection, a score that meets or exceeds the required score on a content area examination for any endorsement area designated in 4 AAC 12.407 or each equivalent content area examination required by a certifying state agency for an endorsement on a comparable certificate held by the applicant.

(b) In addition to the endorsements qualified for under (a) of this section, the endorsements on a master teacher certificate issued under 4 AAC 12.305(c) include the same endorsements as those on the applicant's national board certificate.

(c) The endorsements on a professional or master teacher certificate issued under 4 AAC 12.305(b) or (c) must include the endorsements awarded under AS 14.20.015(c).

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 9/29/2005, Register 175; am 6/27/2014, Register 210; am 4/24/2016, Register 218; am 10/26/2022, Register 244

4 AAC 12.396 Addition and removal of endorsements {#sec-4-aac-12.396 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.396}

(a) A current certificate holder or an applicant eligible for certification as described in 4 AAC 12.305 may add an additional endorsement appropriate to the holder's or applicant's certificate by demonstrating

(1) completion of an endorsement program accepted under 4 AAC 12.307(a) and a passing score on an endorsement-related content examination designated in 4 AAC 12.407 or each equivalent content area examination required by a certifying agency of another jurisdiction for a comparable endorsement currently or previously held by the applicant;

(2) two years of teaching in the content area and a passing score on the endorsement-related content area examination designated for the middle school, high school, or world language in 4 AAC 12.407(b) - (f), or each equivalent content area examination required by a certifying agency of another jurisdiction for a comparable endorsement currently or previously held by the applicant;

(3) two years of teaching in a career and technical education (CTE) area, six semester hours of coursework focused on classroom management, student assessment, and teaching strategies specific to career and technical education, and successful completion of an industrial competency examination that is specific to career-and technical-education content, as approved by the department;

(4) completion of at least one of the following in the content or specialty area for which the endorsement is sought:

(A) a doctorate degree;

(B) a master's degree;

(C) a baccalaureate degree, with a major or posted minor of at least 18 semester hours in an approved program in the content or specialty area for which an endorsement is sought; or

(D) a microcredential as approved by the department, based on a completed application form submitted to the department by a district or an educational organization; or

(5) three years of teaching in an elementary classroom and passing scores on

(A) the Praxis II content area examinations in elementary education required under 4 AAC 12.407(a)(1)(B) and examinations 5205 or 5206 in teaching reading under 4 AAC 12.407(a)(1)(A); or

(B) equivalent content area examinations required by a certifying agency of another jurisdiction for a comparable endorsement currently or previously held by the applicant.

(b) A certificate holder seeking to add an endorsement under this section who has completed an approved program accepted under 4 AAC 12.307(a)(2) must provide evidence of a comparable certificate or endorsement issued by the certifying state agency with jurisdiction over the program or an assurance by the certifying state agency or preparing institution that all requirements, including testing required by the jurisdiction, have been satisfied by the applicant and that the applicant is eligible to gain the comparable certification or endorsement in the state where the preparing institution is located.

(c) Except as provided in (d) and (e) of this section, upon written request of the certificate holder and payment of the required fee, and upon written representation by the holder that the holder is not currently under contract in a position in which the endorsement is required, the department may remove an endorsement from a certificate. Once removed, an endorsement may be added again only if the applicant pays the required fee and meets the current requirements for issuance of the endorsement.

(d) The holder of a teacher certificate with a special education endorsement may have the endorsement removed from the certificate by filing a form developed by the department and paying a fee of $200 to the department, except that a special education endorsement may not be removed during

(1) the term of a certificate holder's first initial or professional teacher certificate issued under 4 AAC 12.305(a) or (b); or

(2) a school term in which the certificate holder is assigned to a position requiring a special education endorsement.

(e) At the request of a certificate holder whose special education endorsement was removed under (d) of this section, the endorsement will be reinstated, without payment of a fee, if the certificate holder meets the endorsement requirements in effect at the time of the request for reinstatement.

(f) A current certificate holder or an applicant eligible for certification under 4 AAC 12.345 or 4 AAC 12.355 may add an additional endorsement appropriate to the holder's or applicant's certificate by satisfying the requirements for the endorsement as described in 4 AAC 12.345 or 4 AAC 12.355, as applicable.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 4/24/2016, Register 218; am 10/26/2022, Register 244; am 9/5/2025, Register 255

4 AAC 12.397 Mandatory training requirements {#sec-4-aac-12.397 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.397}

(a) On or after June 30, 2017, to qualify for a certificate issued under 14.20.020 or to renew or reinstate a certificate, an applicant must provide evidence of training regarding

(1) alcohol- and drug-related disabilities and satisfying the requirements of AS 14.20.680;

(2) sexual abuse and sexual assault awareness and prevention and satisfying the requirements of AS 14.30.355, as that section is to appear on June 30, 2017;

(3) dating violence awareness and prevention and satisfying the requirements of AS 14.30.356, as that section is to appear on June 30, 2017; and

(4) youth suicide awareness and prevention and satisfying the requirements of AS 14.30.362, as that section is to appear on July 1, 2016.

(b) An applicant shall provide evidence of the training required under (a) of this section by submitting

(1) a certificate of completion of a training program;

(2) an official transcript showing the completion of a training course;

(3) a record of training signed by a dean of an accredited school of education; or

(4) a record of training signed by the superintendent or appointed designee of a school district in this state.

(c) Transcripts and other documents become part of the applicant's permanent records and remain on file with the department. For each certificated employee, a district shall maintain a record of each training required by (a) of this section, including the date of completion. Training records for each certificated employee must be maintained by the district for at least five years.

(d) For a training course to satisfy the requirements of (a) of this section, the course must have been completed no more than five years prior to the date of an applicant's application for certification or renewal.

(e) The requirements of this section are applicable to initial applications and applications for renewal of a certificate issued under AS 14.20.020, 4 AAC 12.305(a), (b), and (c), 4 AAC 12.345, 4 AAC 12.355, 4 AAC 12.360, 4 AAC 12.370, 4 AAC 12.372, 4 AAC 12.375, 4 AAC 12.380, 4 AAC 12.388, 4 AAC 12.390, 4 AAC 12.401, and 4 AAC 12.405. The requirements of this section do not apply to applicants qualifying for certification under AS 14.20.015, AS 14.20.017, and AS 14.20.022.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.20.680 AS 14.20.010; AS 14.20.023
Eff. 4/24/2016, Register 218; am 12/25/2020, Register 236; am 8/21/2024, Register 251

4 AAC 12.400 Emergency special services certificate (emergency Type C) {#sec-4-aac-12.400 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.400}

Repealed.

History

Eff. 9/29/2005, Register 175; am 4/24/2016, Register 218; repealed 12/25/2020, Register 236

4 AAC 12.401 Emergency certificate {#sec-4-aac-12.401 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.401}

(a) The commissioner may issue a temporary emergency certificate to a person if, in the judgment of the commissioner, a situation requires the issuance of a temporary emergency certificate to a person who is not otherwise qualified, including a situation meeting the requirements of (b) of this section. The commissioner may determine that a situation other than one identified in (b) of this section requires the issuance of a temporary emergency certificate to a person who is not otherwise qualified.

(b) The commissioner may issue a temporary emergency certificate to a person based on a school district's inability to locate a qualified applicant for a position if

(1) the school board applies to the commissioner for the issuance of a temporary emergency certificate under AS 14.20.020(b) for a person the district seeks to hire in a position for which an initial teaching certificate or an administrative certificate (Type B) is required;

(2) the school board presents facts in its application showing

(A) the district's inability despite due diligence to fill a position with a qualified person holding the required certificate;

(B) the harm to the education program in which the position is located caused by the inability of the district to fill the position;

(D) all efforts made by the district to locate a qualified applicant for the position, including the dates and venues of all advertising for the position;

(E) any additional facts that support the district's application regarding its difficulty in filling the position that requires an initial teaching certificate or administrative certificate (Type B) and the consequences to the district of failing to locate a qualified applicant;

(F) the district's commitment to provide a mentor for a person employed under an emergency certificate; the application must include the name and qualifications of the mentor and a description of the mentoring services to be provided; for a person to be employed under a temporary emergency initial teach certificate, the mentor shall be an experienced teacher; for a person to be employed under a temporary emergency administrative certificate, the mentor shall be an experienced administrator.

(c) A temporary emergency certificate issued under (b) of this section is valid only to the end of the school year in which it is issued.

(d) A person employed in a public school of the state as a special education teacher or related service provider is not eligible under 20 U.S.C. 1412(a)(14) (Individuals with Disabilities Education Act) for a temporary emergency certificate.

(e) The commissioner may not issue a temporary emergency certificate under (b) of this section to a person who has

(1) not received at least an associate degree from an institution of higher education accredited by a recognized regional or national accrediting association or approved by the commissioner;

(2) been convicted of a crime involving a minor under AS 14.20.020(f);

(3) not submitted fingerprints to the department under AS 14.20.020(j); or

(4) not completed the training required by AS 14.20.020(k).

(f) A temporary emergency certificate may not be renewed.

History

Authority: AS 14.07.060; AS 14.20.010; AS 14.20.020
Eff. 12/25/2020, Register 236; am 10/26/2022, Register 244

4 AAC 12.405 Renewal of certificates {#sec-4-aac-12.405 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.405}

(a) A certificate issued under AS 14.20.020 or 14.20.023 may be renewed any number of times by completing six semester hours of credit or the equivalent of semester hours in trimester or quarter hours or other equivalent, including microcredentials approved by the department, and earned during the life of the certificate. The six credits required for renewal under this subsection may not include the coursework required under AS 14.20.020(h) and must be

(1) related to the certificated person's employment at the time of renewal, if that employment requires a certificate;

(2) related to the certificated person's endorsement area under this chapter; or

(3) a required element of a program that will lead to an endorsement under this chapter that the certificated person seeks to acquire.

(b) In addition to the requirements of (a) of this section, a certificate may not be renewed unless the applicant

(1) supplies

(B) the fee for the criminal background check in the amount charged by the Department of Public Safety as set out in 13 AAC 68.900;

(2) successfully passes the criminal background check in accordance with AS 14.20.020 and 4 AAC 12.300; and

(3) has met the requirements of 4 AAC 12.397(a).

(c) A professional teacher certificate issued under 4 AAC 12.305(b) or 4 AAC 12.306 may be renewed by compliance with (a) and (b) of this section. The six credits required for renewal under (a) of this section must comply with 4 AAC 12.305(b)(6).

(d) A master teacher certificate issued under 4 AAC 12.305(c) may be renewed by compliance with (a), (b), and (c) of this section, and by maintenance of certification requirements under 4 AAC 12.305(c).

(e) In place of the requirements contained in (b) of this section, the applicant may provide proof of current employment that requires a teacher certificate in a public school of this state.

(f) An initial teacher certificate issued under AS 14.20.020 may be renewed.

(g) A special services certificate (Type C) endorsed in "school psychology" may be renewed any number of times if an applicant provides evidence of completion of a minimum of 90 contact hours in the areas of assessment, evaluation, intervention, program planning, program development, or staff or program administration in

(1) accredited college or university course work;

(2) workshops, seminars, or institutes;

(3) school district or university sponsored in-service training programs;

(4) college training; or

(5) workshop or seminar teaching.

(h) The department will not collect processing fees for the non-academic credits earned though workshops, seminars, or institutes under (g)(2) of this section.

History

Authority: AS 14.07.060; AS 14.20.020; AS 14.20.023
Eff. 9/29/2005, Register 175; am 9/2/2011, Register 199; am 4/24/2016, Register 218; am 10/26/2022, Register 244; am 6/18/2023, Register 246; am 8/21/2024, Register 251

4 AAC 12.407 Content area examinations {#sec-4-aac-12.407 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.407}

(a) A teacher may satisfy the content area testing requirements of 4 AAC 12.305(a), (b), and (c), 4 AAC 12.393, and 4 AAC 12.395 by one of the following options:

(1) achieving the required score or higher on one of the following:

(a) a Praxis II examination described in the following table:

Praxis II Examination Required

Score

Early Childhood Education - 5025156 Elementary Education: Curriculum, Instruction,

and Assessment - 5017153 Elementary Education: Content Knowledge - 5018163 English to Speakers of Other Languages - 5362155 Special Education: Early Childhood/Early

Intervention - 5692159 Teaching Reading: Elementary - 5205159 Teaching Reading: K - 12 - 5206156 Elementary Education: Math Specialist - 5037153 English Language Arts: Content Knowledge - 5038167 Elementary Education: Content Knowledge for

Teaching - 7811See subtests

under (E) of

this

paragraph

(B) the Praxis II examination in Elementary Education: Multiple Subjects - 5001 with the required scores or higher on each of the subtests described in the following table:

Elementary Education: Multiple Subjects

Subtests

Required

Scores

Elementary Education: Reading and Language Arts

Subtest - 5002157 Elementary Education: Mathematics Subtest - 5003157 Elementary Education: Social Studies

Subtest - 5004155 Elementary Education: Science Subtest - 5005

159

(C) the Praxis II examination in Elementary Education Assessment - 5006 with the required scores or higher on each of the subtests described in the following table:

Elementary Education Assessment - 5006

Subtests

Required

Scores

Elementary Education: Reading and Language Arts

and Social Studies 160 Subtest 5007160 Elementary Education: Mathematics and Science

Subtest 5008

158

(D) the Praxis II examination in Early Childhood Assessment - 5026 with the required scores or higher on each of the subtests described in the following table:

Early Childhood Assessment - 5026 Subtests

Required

Scores

Early Childhood: Reading and Language Arts &

Social Studies - 5027161 Early Childhood: Mathematics and Science - 5028

160

(E) the Praxis II examination in Elementary Education: Content Knowledge for Teaching - 7811 with the required scores or higher on each of the subtests described in the following table:

Elementary Education: Content

Knowledge for Teaching CKT - 7811

Required

Scores

Elementary Education: Reading and Language Arts

CKT - 7812161 Elementary Education: Mathematics CKT - 7813150 Elementary Education: Science CKT - 7814154 Elementary Education: Social Studies CKT - 7815

159

(2) completing one of the following methods for verifying content area proficiency offered through Pearson:

(A) achieving the required score or higher on one or more of the Pearson examinations described in the following table; or

(B) submitting evidence through the Pearson ePortfolio system that, at Pearson's determination. sufficiently demonstrates proficiency in one or more subject areas and achieving the FLEX qualification score on the corresponding Pearson examination described in the following table:

Pearson

Examination

Test Code

Required

Score

FLEX

Examination

FLEX Test

Code

FLEX

Qualifying

Score

Elementary

Education:

Subtest I110220Series FLEX

Elementary

Education

Subtest I902205 - 219 Elementary

Education:

Subtest II111220Series FLEX Elementary

Education

Subtest II903205 - 219 English

Language Arts319220Series FLEX

English

Language Arts302210 - 219 English

Learners I511220Series FLEX

English Learners I511208 - 219 Foundations of

Reading890240Series FLEX Foundations

of Reading900

(objective 10)

901

(objective 11)231 - 239 Mathematics326220Series FLEX

Mathematics304212 Middle Grades

English

Language Arts206220Series FLEX

Middle Grades

English

Language Arts206210 Middle Grades

General

Science205220Series FLEX

Middle Grades

General

Science205220 Social Science325220Series FLEX

Social Science325220 Spanish401220Series FLEX

Spanish

220205 - 219

(b) A teacher may satisfy the content area testing requirements of 4 AAC 04.210(c)(1), 4 AAC 12.305(a), (b), and (c), 4 AAC 12.395, and 4 AAC 12.396 by achieving a score of 140 or higher on the Praxis II examination for Middle School Content Knowledge.

(c) A teacher may satisfy the content area testing requirements of 4 AAC 04.210(d)(6), 4 AAC 12.305(a), (b), and (c), 4 AAC 12.395, and 4 AAC 12.396 by achieving the required score or higher on a Praxis II examination for one or more of the subject or endorsement areas described in the following table:

Praxis II Examination Required Score

Middle School: Content Knowledge - 5146140 Middle School English Language Arts - 5047164 Middle School Mathematics - 5164157 Middle School Science - 5442152 Middle School Social Studies - 5089 or 0089

149

(d) A teacher may satisfy the content area testing requirements of 4 AAC 04.210(d)(6) and (7), 4 AAC 12.305(a), (b), and (c), 4 AAC 12.395, and 4 AAC 12.396 by achieving the required score or higher on a Praxis II examination for one or more of the subject or endorsement areas described in the following table:

Praxis II Examination Required Score Agriculture - 5701147 Algebra - 5162157 Art Content Knowledge - 5134 or 0134158 Biology - 5236154 Chemistry - 5246146 Computer Science - 5652149 Earth and Space Sciences - 5572154 Economics - 5911 or 0911150 English: Content Knowledge - 5038167 English Language Arts: Content and

Analysis - 5039168 French World Language - 5174162 General Science141 Geography - 5921 or 0921149 Geometry - 5163148 German World Language - 5183163 Government/Political Science - 5931 or 0931149 Japanese World Language - 5661156 Journalism - 5224153 Mathematics - 5165159 Music: Content and Instruction - 5114162 Music: Content Knowledge - 5113 or 0113154 Physical Education: Content and Design - 5095169 Physical Science - 5485157 Physics - 5266145 Psychology - 5391154 Russian World Language - 5671130 Social Studies: Content and Interpretation - 5086153 Social Studies Content Knowledge - 5081 or 0081152 Sociology - 5952154 Spanish World Language - 5195168 Speech Communication - 5221 or 0221146 Theatre - 5641 or 0641127 World and U.S. History - 5941 or 0941

141

(e) A teacher may satisfy the content area testing requirements of 4 AAC 04.210(d)(8), 4 AAC 12.305(a), (b), and (c), 4 AAC 12.395, and 4 AAC 12.396 for world languages by achieving a score of advanced low-level or higher on the American Council on the Teaching of Foreign Languages Written Proficiency Test examination and a score of advanced low-level or higher on the American Council on the Teaching of Foreign Languages Oral Proficiency Review examination, for the language on which the teacher was examined. If an American Council on the Teaching of Foreign Languages examination is offered only in Written Proficiency Test form or only in Oral Proficiency Review form, and if an alternate examination is not available for the same language under (d) of this section, the teacher meets the testing requirements if the teacher achieves the score set out in this subsection for the test that is available.

(f) A teacher may satisfy the content area testing requirements of 4 AAC 12.305(a), (b), and (c), 4 AAC 12.395, and 4 AAC 12.396 by achieving the required score or higher on a Praxis II examination described in the following table:

Praxis II Examination Required Score Business education - 5101 or 0101154 Family and consumer science - 5122153 Fundamental subjects: content knowledge - 5511150 Health education - 5551 or 0551155 Health and physical education: content knowledge -

5857160 Physical education - 5091 or 0091146 Technology education - 0051 or 5051

159

(g) The department will review a content area examination identified in this section at least once every three years under 4 AAC 12.409(a).

(h) The department will reevaluate a required score for a content area examination identified in this section at least once every five years under 4 AAC 12.409(b).

(i) In this section, "required score" means a passing score representing the minimum acceptable level of performance on an examination.

History

Authority: AS 14.07.020; AS 14.20.010; AS 14.20.022 AS 14.07.060; AS 14.20.020; AS 14.50.080
Eff. 4/24/2016, Register 218; am 6/1/2018, Register 226; am 7/1/2023, Register 247; am 9/5/2025, Register 255

4 AAC 12.409 Department review of competency and content area examinations; reevaluation of minimum passing scores; report {#sec-4-aac-12.409 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.409}

(a) The department will conduct an annual review of at least one-third of the teacher competency examinations designated in 4 AAC 12.310 and at least one-third of the content area examinations designated in 4 AAC 12.407. The department's annual review will vary the examinations under consideration so that all designated teacher competency and content area examinations are reviewed at least once every three years.

(b) The department will conduct an annual reevaluation under AS 14.20.020(i) of at least one-fifth of the minimum passing scores for teacher competency examinations designated in 4 AAC 12.310 and content area examinations designated in 4 AAC 12.407. The department's annual reevaluation of minimum passing scores will vary the scores under consideration so that all minimum passing scores for competency and content area examinations are reevaluated at least once every five years.

(c) The department may combine the annual review of teacher competency and content area examinations required under (a) of this section with the annual reevaluation of passing scores under (b) of this section.

(d) The department will provide the results of each annual review of examinations and annual reevaluation of passing scores in a report to the board at a regularly scheduled December board meeting. The report must contain

(1) a list of all teacher competency examinations, content area examinations, and minimum passing scores considered by the report;

(2) any recommended changes to designated teacher competency examinations;

(3) any recommended changes to designated content area examinations;

(4) for a minimum passing score under evaluation,

(A) an assessment of the historical effect of the established passing score and the potential effect of changing the passing score; and

(B) the passing score currently used for the examination by other jurisdictions; and

(5) any information relied upon by department staff in development of the report.

(e) A recommended change to a designated teacher competency examination, content area examination, or minimum passing score that is approved by the board does not take effect without adoption of or amendment to a regulation under the Administrative Procedure Act (AS 44.62).

History

Authority: AS 14.07.060; AS 14.20.010; AS 14.20.020
Eff. 7/1/2023, Register 247

4 AAC 12.410 General provisions {#sec-4-aac-12.410 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.410}

(a) Institutes and workshops may be accepted for renewal of certificates under the following conditions:

(1) before attending the workshop or institute, the applicant may apply to the commissioner requesting approval for certificate renewal purposes;

(2) upon receipt of the application the commissioner will notify the applicant of the number of hours of nonacademic credit to be granted for the proposed workshop or institute;

(3) if approved, evidence of satisfactory completion must be submitted by the instructor or workshop leader to the department.

(b) For the certification purposes, satisfactory teaching experience must have been completed in a state approved or accredited school.

(d) An expired certificate may be reinstated within one calendar year of the expiration date by completion of the renewal credits required for renewal by 4 AAC 12.405. After one calendar year, the applicant must meet the requirements for issuance of an initial teacher certificate under 4 AAC 12.305(a).

(e) Semester credits required for renewal of a certificate under 4 AAC 12.385 and 4 AAC 12.405 must be earned from a regionally or nationally accredited institution of higher education.

(f) The commissioner may, for good cause shown, waive a requirement imposed by this chapter for renewal of a certificate.

(g) Certificates issued under 4 AAC 12.346, 4 AAC 12.370, 4 AAC 12.372, 4 AAC 12.375, and 4 AAC 12.388 may be transferred from the sponsoring district to another district at the request of the certificate holder and the receiving district board through the chief school administrator. The receiving district must agree to the responsibilities and the limitations of the certificate.

History

Authority: AS 14.07.060; AS 14.20.010; AS 14.20.020
Eff. 9/29/2005, Register 175; am 10/21/2007, Register 184; am 10/26/2022, Register 244

4 AAC 12.412 National board certification {#sec-4-aac-12.412 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.412}

(a) If funding has been appropriated for teacher incentive payments and reimbursement of costs relating to national board certification under AS 14.20.225, the department shall notify each school district not later than August 31.

(b) Upon notification under (a) of this section, a district shall provide to the department any requested information to establish incentive and reimbursable teacher costs under AS 14.20.225.

(c) Subject to appropriation, a district or the department, as applicable, shall reimburse each teacher who is employed by the district or the department, and who is pursuing an initial national board certification or renewal of a national board certification, for the costs allowable under AS 14.20.225 that the teacher incurs on or after July 1, 2024.

(d) In this section, "national board certification" has the meaning given in AS 14.20.225.

History

Authority: AS 14.07.060; AS 14.20.030 AS 14.20.020; AS 14.20.225
Eff. 8/31/2025, Register 255

4 AAC 12.415 Current address {#sec-4-aac-12.415 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.415}

The holder of a certificate issued under this chapter shall maintain a current, valid mailing address and electronic mail address on file with the department at all times. The latest mailing address on file for the holder of a current, lapsed, suspended, or revoked certificate is the address for official communications, notifications, or service of legal process.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 9/29/2005, Register 175; am 10/26/2022, Register 244

4 AAC 12.420 Prior commitments {#sec-4-aac-12.420 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.420}

Nothing in this chapter abrogates certification commitments that were in existence on May 30, 1971.

History

Authority: AS 14.20.010; AS 14.20.020
Eff. 9/29/2005, Register 175

4 AAC 12.425 Procedure after revocation or suspension {#sec-4-aac-12.425 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.425}

(a) A person whose certificate, issued under this chapter, has been revoked or suspended shall deliver the certificate to the department within 30 days after notification of revocation or suspension.

(b) The department will provide to all other state departments of education notice of revocation or suspension of a certification and of conviction of a certificate holder for a crime involving moral turpitude.

History

Authority: AS 14.07.060; AS 14.20.030
Eff. 9/29/2005, Register 175

4 AAC 12.430 Applicability of the administrative procedure act {#sec-4-aac-12.430 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.430}

A certificate denial, as well as a revocation or suspension, is final and reviewable in the manner provided by AS 44.62.560 - 44.62.570.

History

Authority: AS 14.07.060; AS 14.20.020
Eff. 9/29/2005, Register 175

4 AAC 12.900 Definitions {#sec-4-aac-12.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 12.900}

(a) In this chapter, unless the context requires otherwise,

(1) "Alaska studies" means study of the environment, indigenous and immigrant residents, and institutions of this state, with specific study of the social, economic, and political history of this state and the educational institutions and laws that affect the people of this state;

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

(3) "certifying state agency" means the agency or entity in another jurisdiction that has responsibility to certify teachers, administrators, and special services personnel as qualified to assume duties in that jurisdiction's public schools;

(4) "commissioner" means the commissioner of education and early development;

(5) "credit" means credit granted by a regionally or nationally accredited institution of higher education;

(6) "crosscultural communications" means an interdisciplinary examination of communication and language in a crosscultural educational situation, with specific study of the language, literacy, and interethnic communication of children, and cultures, in this state;

(7) "department" means the Department of Education and Early Development;

(8) "limited certificate" means a certificate issued under AS 14.20.025, 4 AAC 12.346, 4 AAC 12.370 - 4 AAC 12.375, and 4 AAC 12.390;

(9) "multicultural education" means the study of the meaning of culture, and the relationship and influences between culture and education, with specific study of the teaching, administration, and effectiveness of schooling as they relate to multicultural student populations in this state;

(10) "nonacademic credit" means credit granted by the commissioner for travel, institutes, and workshops, which may be applied toward renewal of certificates;

(11) "non-instructional position" means a position for which a teaching certificate is required, but that does not include instruction in a preschool - 12th grade setting;

(12) "preparing institution" means that institution of higher learning or a state agency from which the applicant graduated or at which the applicant completed the program or earned the credits required for a certificate or endorsement;

(13) "sexual conduct" means "sexual penetration" and "sexual contact" as those terms are defined in AS 11.81.900;

(14) "special services area" means school nurse, social worker, speech therapist, psychologist, librarian, and other areas as approved as special service areas by the state board.

(15) "early career teacher" means an educator in the first or second year of employment as a teacher;

(16) "microcredential" means a competency-based recognition issued by a school district or an educational organization that

(A) is aligned with a statewide priority area adopted under AS 14.07.165;

(B) allows an educator to demonstrate mastery in a skill or set of skills; and

(C) is approved by the department based on a completed application form submitted to the department by a district or an educational organization;

(17) "statewide priority area" means a goal of the board adopted under AS 14.07.165;

(18) "reading teacher" has the meaning provided in AS 14.30.765(n).

(b) Repealed 7/1/2023.

(1) "teacher" means

(A) a person who, for compensation instructs or teaches students in any grade from preschool - 12th grade, and who is not supervised by another person in the same room, classroom, or other location;

(B) includes

(i) an administrator who supervises a teacher or an educational program provided by a teacher;

(ii) a provider of special education and related services who is not regularly supervised by another person in the same room, classroom, or other location; and

(iii) a school counselor, nurse, or psychologist; and

(i) a student teacher authorized under 4 AAC 30.020;

(ii) a volunteer not working for compensation; or

(iii) an administrator, such as a business manager, who does not supervise students or teachers;

(2) "regular teacher certificate"

(A) means a renewable teaching license issued by the state or by another state or jurisdiction that requires at least a bachelor's degree and the completion of a state-approved teacher preparation program including a student teaching or clinical experience;

(B) does not include a restricted, limited, probationary, provisional, emergency, substitute, student teaching, or temporary license.

History

Authority: AS 14.07.060; AS 14.20.010; AS 14.20.020
Eff. 5/30/71, Register 38; am 10/4/73, Register 47; am 8/12/82, Register 83; am 6/9/85, Register 94; am 4/9/87, Register 102; am 7/1/90, Register 114; am 8/8/91, Register 119; am 7/2/93, Register 126; am 6/9/95, Register 134; am 4/4/96, Register 138; am 6/28/98, Register 146; am 3/31/2002, Register 161; am 9/29/2005, Register 175; am 10/21/2007, Register 184; am 4/24/2016, Register 218; am 10/26/2022, Register 244; am 6/18/2023, Register 246; am 7/1/2023, Register 247

Chapter 15 Allowances for Professional Personnel

4 AAC 15.010 Salaries: general {#sec-4-aac-15.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 15.010}

Repealed 1/22/81.

4 AAC 15.020 Creditable teaching experience {#sec-4-aac-15.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 15.020}

(a) Certificated teachers serving a school term of 140 instructional days or more shall be credited with a year of teaching service.

(b) Fractional years of teaching, either through teaching full days under a contract for less than a full term, or through teaching part of a day under a full-term contract, or part of an instructional day under a contract of less than a full term may be converted to full school terms to determine creditable service. No part-time teaching may be credited for placement on the district salary schedule unless the terms for the part-time teaching are specifically stated in the contract.

(c) Teaching days less than a full instructional day shall be given a fractional value. This value times the number of days actually taught shall give the number of equivalent instructional days.

(d) Repealed 1/22/81.

(e) No creditable year may be counted until July 1, following the completion of the creditable year.

(f) The provisions of (b) - (d) of this section are not retroactive and become effective July 1, 1971.

(g) For salary purposes, credit shall be given for military service in cases where the teacher's actual service in Alaska has been interrupted and the teacher immediately returns to teaching in an Alaska public school upon completion of such service. One year of creditable service shall be granted for each year of military service up to a maximum of five years.

History

Authority: AS 14.03.030; AS 14.07.060; AS 14.20

4 AAC 15.030 Chief school administrators {#sec-4-aac-15.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 15.030}

Repealed 5/10/78.

4 AAC 15.040 Sick leave {#sec-4-aac-15.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 15.040}

(a) Districts shall credit, without limit, sick leave with pay to all regularly contracted, certificated personnel in a manner consistent with the following provisions:

(1) sick leave is accrued at the rate of one and one-third days for each calendar month or each major portion of each calendar month of actual service;

(2) cumulative sick leave earned by a teacher in a school district is transferable to any other school district if the teacher's service is continuous; however, a teacher who is on an approved leave of absence may retain cumulative sick leave for the duration of the approved leave;

(3) a teacher may use accrued sick leave for leave due to personal injury or illness without limitation concerning the duration of usage;

(4) subject to limitations concerning the duration of usage established by the district, a teacher may use accrued sick leave for the death, illness, or welfare of a person in the teacher's immediate family; and

(5) a teacher is not entitled to reimbursement for accumulated sick leave except as service credit toward retirement.

(b) A false statement by a teacher regarding sick leave is sufficient grounds for cancellation of the contract and revocation of the certificate.

(1) husband and wife;

(2) father and son, or daughter;

(3) mother and son, or daughter;

(4) brother and sister.

History

Authority: AS 14.07.060; AS 14.14.107

4 AAC 15.900 Definitions {#sec-4-aac-15.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 15.900}

As used in this chapter, unless the context requires otherwise

(1) "teacher" means a regularly certificated person employed on a teacher's or administrator's contract as defined in 4 AAC 18;

(2) "continuous service" means service up to the last day of a school term and beginning within 30 days of the start of the next school term.

History

Authority: AS 14.07.060; AS 14.14.107
Eff. 1/11/79, Register 69

Chapter 18 Employment of Professional Personnel

4 AAC 18.005 Application for employment in certificated position {#sec-4-aac-18.005 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.005}

A district shall include on the district's application for employment for all positions requiring a certificate under 4 AAC 12

(1) an inquiry into whether the applicant has ever been employed in the public schools of this state in a position requiring a teacher or an administrator certificate issued by the department;

(2) if the applicant has been employed in a certificated position in the state, a requirement that the applicant provide the dates, places, and job titles for the employment; and

(3) a statement that failure to provide truthful and complete information on this application would be a violation of the code of ethics adopted by the Professional Teaching Practices Commission under 20 AAC 10.020.

History

Authority: AS 14.07.060
Eff. 9/2/2011, Register 199

4 AAC 18.010 Teachers' and administrators' contracts {#sec-4-aac-18.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.010}

(a) All teachers' and administrators' contracts for Alaska public schools must contain at least the following provisions:

Minimum Standard Contract Conditions

(1) date, name of school, and name of teacher employed;

(2) date salary is to start and the length of service in school days, including legal holidays;

(3) annual salary and the number of payments;

(4) repealed 1/1/76;

(5) oath of allegiance as prescribed by AS 39.05.045 or, if the teacher is not a U.S. citizen, the following:

History

Authority: AS 14.07.060; AS 14.20.130; AS 14.25.110(c)

4 AAC 18.020 Employment of substitute teachers {#sec-4-aac-18.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.020}

Repealed 1/22/81.

4 AAC 18.021 Employment of substitute teachers {#sec-4-aac-18.021 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.021}

(a) A person employed to replace a teacher who district authorities know will be absent for more than 20 days in which the school is in session must possess a valid teacher's certificate from this state.

(b) If district authorities know that a teacher will be absent for more than 20 in-session days, the district must employ a long-term substitute teacher

(1) who holds a certificate issued under 4 AAC 12.305, 4 AAC 12.345, 4 AAC 12.355, or 4 AAC 12.360; and

(2) under the requirements imposed by this chapter.

(c) If district authorities know that a teacher will be absent for more than 20 in-session days and are unable to employ a qualified applicant who holds a certificate issued under 4 AAC 12.305, 4 AAC 12.345, 4 AAC 12.355, or 4 AAC 12.360, the district may employ an individual who holds a retired teacher certificate (Type R) issued under 4 AAC 12.380 as a long-term substitute teacher for up to 120 days.

(d) If a substitute teacher who does not possess a valid teacher's certificate from this state is hired to fill a vacancy at the start of the school year for 20 in-session days or less, a district must notify the department not later than August 31.

History

Authority: AS 14.07.060
Eff. 1/22/81, Register 77; am 2/5/2017, Register 221

4 AAC 18.025 Principal {#sec-4-aac-18.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.025}

Repealed.

History

Eff. 11/15/81, Register 80; repealed 4/20/97, Register 142

4 AAC 18.027 Acquisition of tenure rights: less than full-time teachers {#sec-4-aac-18.027 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.027}

For a teacher who achieves tenure under the provisions of 4 AAC 18.900(b)(2), tenure rights become effective on the first day the teacher performs teaching services in the district during the school term immediately following the school term during which the three-year requirement was met.

History

Authority: AS 14.07.060; AS 14.20.150
Eff. 8/30/84, Register 91; am 3/31/2005, Register 173

4 AAC 18.030 Definitions {#sec-4-aac-18.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.030}

Relocated 10/86.

4 AAC 18.031 Employment of members of immediate families of school board members {#sec-4-aac-18.031 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.031}

(a) The commissioner's approval of a school district's new employment of a member of the immediate family of a school board member, required by AS 14.14.140, must be given upon the written certification by the chief school administrator that the person for whom the approval is requested

(1) is the most qualified applicant for the position; and

(2) has been approved by the school board for employment in the position.

(b) The school board approval required by (a)(2) of this section must be in the form of a motion passed by a majority of a quorum of the board. The motion must be limited to the matter of the employment of the person for whom approval under this section is requested, and must state that the approval of the commissioner is required because the person is a member of the immediate family of a school board member.

History

Authority: AS 14.07.060; AS 14.14.140
Eff. 8/30/86, Register 99

4 AAC 18.900 Definitions {#sec-4-aac-18.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 18.900}

(a) "Immediate family" as used in AS 14.14.140 means

(1) husband and wife;

(2) father and son, or daughter;

(3) mother and son, or daughter;

(4) brother and sister.

(b) In AS 14.20.150 (pertaining to acquisition of tenure right), "three full school years" means

(1) three consecutive school years of service, regardless of the number of hours per day, or days per week or per month actually taught, for a person employed for full school terms, as set by AS 14.03.030, under a contract required by this chapter; or

(2) a combination of sequential fractions of consecutive school years which equal three full school terms, regardless of the number of hours per day, or days per week or per month actually taught, for a person employed for less than full school terms, as set by AS 14.03.030, under a contract required by this chapter.

History

Authority: AS 14.07.060; AS 14.20.150
Eff. 5/30/71, Register 30; am 8/30/75, Register 55; am 5/10/78, Register 66; am 1/22/81, Register 77; am 8/30/84, Register 91; am 3/31/2005, Register 173

Chapter 19 Evaluation of Professional Employees

4 AAC 19.010 Purpose and scope of evaluations {#sec-4-aac-19.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.010}

(a) A district's evaluation of a teacher, administrator, or special service provider shall provide information and analysis that

(1) help the teacher, administrator, or special service provider grow professionally;

(2) are intended to improve the effectiveness of instruction at the school; and

(3) relate to the future employment of the teacher, administrator, or special service provider.

(b) For each of the content standards set out in 4 AAC 04.200(b)(2) - (8), a district shall evaluate whether a teacher is exemplary, proficient, basic, or unsatisfactory on the standard. In evaluating the teacher, the district shall consider the cultural standards set out in 4 AAC 04.200(f). A district may evaluate a teacher on additional standards that have been adopted by the district.

(c) For each of the content standards set out in 4 AAC 04.200(c), a district shall evaluate whether an administrator is exemplary, proficient, basic, or unsatisfactory on the standard. In evaluating the administrator, the district shall consider the cultural standards set out in 4 AAC 04.200(f). A district may evaluate an administrator on additional standards that have been adopted by the district.

(d) A district shall evaluate whether the performance of a special service provider is exemplary, proficient, basic, or unsatisfactory on the performance standards for the special service applied by the district under 4 AAC 04.205(d). In evaluating the special service provider, the district shall consider the cultural standards set out in 4 AAC 04.200(f).

(e) Repealed 10/9/2016.

(f) Repealed 10/9/2016.

(g) A teacher, administrator, or special service provider who receives a performance evaluation rating of unsatisfactory on one or more of the content standards has not met the district performance standards for purposes of AS 14.20.149(b)(6), (e), or (f).

(h) Unless the district is non-retaining the teacher, administrator, or special service provider, if a district gives a special service provider, administrator, or teacher a performance evaluation rating of basic on two or more of the content standards or in the case of teachers and administrators, the district's standard for student learning data, the district

(1) shall provide support and assistance, as determined by the district, for improvement on those standards or criteria;

(2) may place the teacher, administrator, or special service provider on a plan of professional growth.

(i) If, at the conclusion of a plan of professional growth, a teacher's, administrator's, or special service provider's performance on the standards or criteria in question is not proficient or exemplary, the district may place the teacher, administrator, or special service provider on a plan of improvement under AS 14.20.149(b)(6).

(j) For purposes of this section, a plan of professional growth is a plan developed by the evaluating administrator, in consultation with the teacher, administrator, or special service provider to whom the plan applies, to provide the structure, assistance, and guidance for the teacher, administrator, or special service provider to improve in all criteria in which the teacher, administrator, or special service provider is performing at a basic level. The plan must include

(1) clear and specific performance expectations;

(2) a description of ways that the teacher's, administrator's, or special service provider's performance can be improved; and

(3) a duration determined by the district.

(k) Repealed 9/29/2016.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.149
Eff. 8/30/75, Register 55; am 2/16/2013, Register 205; am 10/9/2015, Register 216; am 9/29/2016, Register 219; am 10/9/2016, Register 220

4 AAC 19.015 Evaluation materials to be available {#sec-4-aac-19.015 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.015}

(a) A district shall make available to the public by posting on the district's website the following items that the district uses in the evaluation of certificated employees:

(1) forms used to gather information from students, parents, and community members as described in AS 14.20.149(b)(7);

(2) standards developed under 4 AAC 04.205;

(3) policy and procedures developed under AS 14.20.149 and this chapter.

(b) The information included on the website must make clear how the district has considered information from students, parents, community members, classroom teachers, affected collective bargaining units, and administrators in the design of the district's certificated employee evaluation system, as required under AS 14.20.149.

(c) If a district does not maintain a website, the district must make available at each school site the information described in (a) and (b) of this section.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.149
Eff. 9/2/2011, Register 199; am 10/9/2016, Register 220

4 AAC 19.020 Scope of evaluation {#sec-4-aac-19.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.020}

Repealed.

History

Eff. 8/30/75, Register 55; repealed 2/13/2013, Register 205

4 AAC 19.030 Evaluation procedures {#sec-4-aac-19.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.030}

(a) In evaluating a teacher, administrator, or special service provider, a district

(1) shall base the evaluation of a teacher, administrator, or special service provider on observation of the teacher, administrator, or special service provider in the workplace by the evaluator;

(2) shall consider information on the performance of the teacher, administrator, or special service provider provided by students, parents, community members, teachers, and administrators under AS 14.20.149(b)(7);

(3) shall indicate what information the district used to evaluate the teacher, administrator, or special service provider and the source of the information;

(4) shall notify students, parents, community members, teachers, and administrators that students, parents, community members, teachers, and administrators have the opportunity to provide information on the performance of the teacher, administrator, or special service provider being evaluated; the district shall provide a form or electronic means for providing the information;

(5) shall provide the teacher, administrator, or special service provider being evaluated with a copy of or access to the draft evaluation at least 24 hours before the evaluation becomes final;

(6) shall inform the teacher, administrator, or special service provider being evaluated that

(A) the teacher, administrator, or special service provider has the right to review a draft evaluation and comment in writing before the evaluation becomes final; and

(B) a failure to submit comments before the deadline waives the right to comment on the evaluation;

(7) may not retaliate against a teacher, administrator, or special service provider for commenting on the evaluation; and

(8) shall ensure that the evaluator and the teacher, administrator, or special service provider being evaluated signs the evaluation.

(b) In evaluating a teacher, administrator, or special service provider, a district may

(1) consider information, including student learning data, in addition to the information described in (a) of this section, if the additional information is relevant to the performance of the teacher, administrator, or special service provider on the performance standard established by the district under 4 AAC 04.205(b);

(2) survey students, parents, community members, teachers, or administrators regarding the performance of a teacher, administrator, or special service provider;

(3) use a nationally recognized teacher, administrator, or special service provider evaluation framework approved by the department that aligns with the standards set out in 4 AAC 04.200;

(4) require a more experienced teacher to perform at a higher level than a teacher with less experience.

(c) An evaluation of a teacher, administrator, or special service provider under this section must be approved by a person who possesses an administrative certificate issued under 4 AAC 12.345.

(d) A school district may adopt evaluation procedures that incorporate student learning data into the evaluation process. If a district adopts a process to incorporate student learning data, the district shall confer with educators who teach a subject matter and grade level, or with groups of educators whose subject matters and grade levels are related, to identify appropriate student learning data for evaluating teachers in the subject matter and grade level.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.149
Eff. 8/30/75, Register 55; am 1/12/83, Register 85; am 9/29/2005, Register 175; am 2/16/2013, Register 205; am 10/9/2015, Register 216; am 10/9/2016, Register 220

4 AAC 19.040 Confidentiality of the evaluation {#sec-4-aac-19.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.040}

A school district shall adopt procedures that

(1) protect the confidentiality of the evaluation documents; and

(2) allow supervisory personnel appropriate access to the evaluation documents.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.149
Eff. 8/30/75, Register 55; am 2/16/2013, Register 205

4 AAC 19.050 Development of local evaluation procedures {#sec-4-aac-19.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.050}

Repealed.

History

Eff. 8/30/75, Register 55; repealed 2/16/2013, Register 205

4 AAC 19.055 Reporting of evaluation results {#sec-4-aac-19.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.055}

A district shall report to the department not later than September 15 of each calendar year on a form prescribed by the department the number of tenured and non-tenured teachers, administrators, and special service providers in each school in the district during the preceding school year who

(1) exceeded the district's performance standards under AS 14.20.149(b)(4);

(2) were on a plan of improvement under AS 14.20.149(b)(6);

(3) were receiving district support on a plan of professional growth under 4 AAC 19.010(h);

(4) were non-retained under AS 14.20.175;

(5) were dismissed under AS 14.20.170;

(6) were notified that their continued employment in the district was contingent on the implementation of a plan of improvement under AS 14.20.149(b)(6) but resigned before the plan of improvement could begin;

(7) met the district's performance standards;

(8) were not reported in (1) through (7) above; and

(9) were employed by the district at any time during the school year.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.149
Eff. 2/16/2013, Register 205; am 10/9/2015, Register 216; am 10/9/2016, Register 220; am 10/20/2018, Register 228

4 AAC 19.060 Evaluation training {#sec-4-aac-19.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.060}

A district's evaluation training must include training that provides for an assurance of inter-rater reliability.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.149
Eff. 8/30/75, Register 55; am 2/6/2013, Register 205

4 AAC 19.099 Definitions {#sec-4-aac-19.099 omnilex-key=us-ak-regs-official--title-4--4 AAC 19.099}

In this chapter, unless the context requires otherwise,

(1) "administrator" has the meaning given in 4 AAC 12.900(c)(2)(A);

(2) "measurement"

(A) means an assessment of student knowledge, understanding, or skill;

(B) includes an assessment that is not a standardized test; and

(3) Repealed 10/9/2016;

(4) Repealed 10/9/2016;

(5) "special service provider" means a certificated person employed by a school district in a special services area; in this paragraph, "special services area" has the meaning given in 4 AAC l2.900(a);

(6) Repealed 10/9/2016;

(7) "student learning data" means measurements of a student's growth in knowledge, understanding, or skill in a subject that occurred during the time the student was taught that subject by a teacher;

(8) "teacher"

(A) has the meaning given in 4 AAC 12.900(c)(1);

(B) includes a provider of special education who holds a certificate issued under 4 AAC 12.305.

(9) Repealed 10/9/2016.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.20.149
Eff. 2/16/2013, Register 205; am 10/9/2015, Register 216; am 10/9/2016, Register 220

Chapter 27 Transportation of Pupils

4 AAC 27.005 Approval of transportation routes {#sec-4-aac-27.005 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.005}

Repealed.

History

Eff. 9/14/77, Register 63; repealed 6/4/2004, Register 170

4 AAC 27.006 Program requirements {#sec-4-aac-27.006 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.006}

(a) The purpose of the pupil transportation program is to provide basic to- and from-school transportation services.

(b) Districts shall use the most cost efficient methods when developing and establishing both regular and special education routes, procuring contractor services or equipment, and other services related to basic to- and from-school transportation services.

(c) Eligible expenditures that may be charged to the pupil transportation program include only those direct costs for operating and transporting pupils under the provisions of AS 14.09 and this chapter, and must be reported in accordance with 4 AAC 06.121(4).

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.010 Establishment of regular routes {#sec-4-aac-27.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.010}

Repealed.

4 AAC 27.011 Establishment of regular routes {#sec-4-aac-27.011 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.011}

(a) A district may establish a regular pupil transportation route if:

(1) eight or more pupils reside more than one and one-half miles from the attendance center to be served by the route, measured from the closest point of the school property to the closest point of the residence property; and

(2) the entire route is over regularly maintained roads, having at least a gravel surface, that are under the supervision and all-weather maintenance of the Department of Transportation and Public Facilities, a public utility district, a municipality, a borough service area, or any other agency supported by public funds; adequate turnaround space for transportation vehicles must be available on the route.

(b) A transportation route must be free from duplicate mileage unless

(1) the pickup point requiring the duplicate mileage serves at least three pupils and is at least one mile in one direction from the main route; or

(2) the pickup point requiring the duplicate mileage serves 15 or more pupils.

(c) Kindergarten pupils maybe included in any regular pupil transportation route. However, special runs for transporting only kindergarten pupils to and from school are not an eligible expenditure.

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.020 Establishment of special education routes {#sec-4-aac-27.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.020}

Repealed.

History

Eff. 11/66, Register 24; am 10/14/68, Register 27; am 5/30/71, Register 38; am 9/14/77, Register 63; am 7/8/99, Register 151; repealed 6/4/2004, Register 170

4 AAC 27.021 Establishment of special education routes {#sec-4-aac-27.021 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.021}

(a) Special education pupils must be transported in accordance with the provisions of AS 14.30.347.

(b) Special education routes are not subject to the one and one-half mile restriction established under 4 AAC 27.011(a)(1).

(c) Fees paid for services of or an aide to the driver on a special education route constitute an eligible expenditure, if those services are required as part of a pupil's IEP.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.347 AS 14.07.030; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.025 Establishment of other conveyance routes {#sec-4-aac-27.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.025}

Repealed.

History

Eff. 9/14/77, Register 63; am 9/11/94, Register 131; repealed 6/4/2004, Register 170

4 AAC 27.030 Route requirements {#sec-4-aac-27.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.030}

Repealed 9/14/77.

4 AAC 27.031 In-lieu-of agreements {#sec-4-aac-27.031 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.031}

Repealed.

History

Eff. 9/14/77, Register 63; repealed 6/4/2004, Register 170

4 AAC 27.032 In-lieu-of agreements {#sec-4-aac-27.032 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.032}

(a) A district may establish agreements with parents to provide reimbursement for transporting their children to the nearest attendance center or bus pickup in place of extending an existing route or establishing a new route.

(b) The following limitations apply to in-lieu-of agreements entered under (a) of this section:

(1) unless the child is a special education pupil, the pupil's residence must be more than one and one-half miles from both the nearest regular bus route and the pupil's attendance center;

(2) the per-mile rate may not exceed the maximum rate paid by the district for the travel of its administrative employees when using their private vehicles for school business; and

(3) reimbursements must be based on the actual miles traveled and not the number of pupils transported.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.035 Hazardous routes {#sec-4-aac-27.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.035}

Repealed.

History

Eff. 9/14/77, Register 63; am 7/8/99, Register 151; am 7/23/99, Register 151; repealed 6/4/2004, Register 170

4 AAC 27.036 Hazardous routes {#sec-4-aac-27.036 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.036}

(a) Those routes that are within one and one-half miles of an attendance center and that cannot be safely traveled by children because of traffic, weather, or other hazards may be designated by the governing body of the district as hazardous routes.

(b) A resolution by the governing body designating a hazardous route must state the nature and anticipated duration of the hazard. A hazardous-route designation applies only during the period the hazard exists and for a maximum of one school year.

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.040 Modification and termination of approved routes {#sec-4-aac-27.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.040}

Repealed.

4 AAC 27.045 General provisions for regular and other conveyance routes, route extensions and in-lieu-of agreements {#sec-4-aac-27.045 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.045}

Repealed.

History

Eff. 9/14/77, Register 63; am 7/8/99, Register 151; repealed 6/4/2004, Register 170

4 AAC 27.050 Additional discretionary powers {#sec-4-aac-27.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.050}

Repealed 9/14/77.

4 AAC 27.055 Required transportation reports and documents {#sec-4-aac-27.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.055}

Repealed.

History

Eff. 9/14/77, Register 63; am 7/8/99, Register 151; am 5/25/2000, Register 154; am 11/23/2001, Register 160; repealed 6/4/2004, Register 170

4 AAC 27.056 Required transportation reports and documents {#sec-4-aac-27.056 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.056}

Each district that receives pupil transportation funds from the department shall submit the following pupil transportation reports to the department on forms prescribed by the department:

(1) the pupil transportation program annual report shall be submitted to the department not later than October 1 each year;

(2) the pupil transportation program quarterly report shall be submitted to the department not later than 15 days after the end of each quarter of the fiscal year of the report; the final quarterly report is due to the department not later than July 15 of each year, except that if the district is offering summer school transportation services, the final quarterly report is due to the department not later than August 15 of each year;

(3) the school bus accident report shall be submitted to the department immediately following a reportable accident and must be completed by the owner or leaseholder of a school bus when a school bus

(A) on off-terminal premises

(i) makes contact with another vehicle, object, or person; or

(ii) leaves a roadway or parking area; and

(B) on on-terminal premises makes contact that results in injury to a pupil passenger, whether the pupil is inside or outside the bus;

(4) the accident summary report shall be submitted not later than 10 days after the end of each month in which a reportable school bus accident occurs; if a reportable accident does not occur during a month, the form shall be completed and submitted not later than 10 days after the end of each quarter.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.09.030 AS 14.07.030; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.057 Charter school transportation policy {#sec-4-aac-27.057 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.057}

(a) A local school board shall adopt a charter school transportation policy that describes the transportation services that the district will provide to students attending a charter school operated by the district if the district

(1) provides transportation services under AS 14.09.010; and

(2) operates a charter school or an application for the establishment of a charter school in the district is pending with the district under AS 14.03.250.

(b) A district shall submit to the department an application for approval of its charter school transportation policy on a form provided by the department. The district shall submit the application

(1) not later than April 15, 2015, if a charter school is in operation in the district on July 1, 2014; or

(2) not later than 30 days after approval of a charter school by a local school board, if a charter school is approved by a local school board after July 1, 2014, and a charter school transportation policy approved by the department is not in effect in the district.

(1) evidence that the charter school transportation policy was developed in compliance with AS 14.09.010(e)(1);

(2) the charter school transportation policy adopted by the local school board that provides transportation services for charter school students in compliance with AS 14.09.010(e)(2); and

(3) other documents or information the department needs to evaluate a charter school transportation policy adopted by a local school board.

(d) Not later than 60 days after the department receives an application for approval of a charter school transportation policy, the department will grant approval for a charter school transportation policy if the charter school transportation policy meets the requirements of AS 14.09.010 and this section.

(e) If a district seeks to amend an approved charter school transportation policy, it shall submit an application for approval of an amendment of the charter school transportation policy on a form provided by the department. The district shall submit the application not later than April 15 of the fiscal year before the fiscal year when the proposed amendment will take effect. An application for approval of an amendment of a charter school transportation policy must meet the requirements of (c) of this section.

(f) Not later than 60 days after the department receives an application for approval of an amendment of a charter school transportation policy, the department will grant approval for the amendment of a charter school transportation policy if the amendment meets the requirements of AS 14.09.010 and this section.

(g) In this section, "local school board" has the meaning given in AS 14.03.290.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.09.010
Eff. 4/8/2015, Register 214

4 AAC 27.060 Reimbursement to districts {#sec-4-aac-27.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.060}

Repealed.

4 AAC 27.070 Reimbursement for capital expenditure {#sec-4-aac-27.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.070}

Repealed 9/14/77.

4 AAC 27.075 Reimbursement for district-owned transportation vehicles {#sec-4-aac-27.075 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.075}

Repealed.

History

Eff. 9/14/77, Register 63; am 7/8/99, Register 151; repealed 6/4/2004, Register 170

4 AAC 27.080 Invitation to propose {#sec-4-aac-27.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.080}

Repealed 9/14/77.

4 AAC 27.085 Competitive pupil transportation proposals {#sec-4-aac-27.085 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.085}

Repealed.

History

Eff. 9/14/77, Register 63; am 1/16/82, Register 81; am 7/8/99, Register 151; repealed 6/4/2004, Register 170

4 AAC 27.086 Competitive pupil transportation proposals {#sec-4-aac-27.086 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.086}

(a) All contracts for pupil transportation awarded by a district school board must be based on the competitive proposal process. A request for proposals must, at a minimum, contain the following:

(1) a general description of the

(A) required service areas;

(B) number of routes and runs;

(D) approximate mileage to be run; and

(E) approximate number of pupils to be transported;

(2) contract terms of not less than three years, if feasible, and not more than five years;

(3) a statement that the contract is governed by AS 14.09 and this chapter;

(4) a statement that if a cancellation or termination of a contract occurs due to deficiencies in performance by the contractor,

(A) the district, upon cancellation or termination of the contract, may exercise the district's option to but should be buy or lease from the contractor; and

(B) the contractor agrees to sell or lease to the district any or all school buses and spare buses that, as of the date of delivery or the date when the district gives 30 days' notice of cancellation from the district to the contractor, are being used by the contractor for to- and from-school transportation services;

(5) any reporting and document submittal requirements, including the tracking of ridership and mileage;

(6) a liquidated damage clause due to lack of performance; and

(7) fuel adjustments.

(b) The request for proposal for the basic to- and from-school transportation services may include activity bus services and optional equipment if the activity bus services and optional equipment costs are not included in the base costs of the basic to- and from-school transportation services and the request for proposals clearly itemizes contract costs as follows:

(1) costs of the basic to- and from-school transportation services required to meet the minimum standards for Alaska school buses adopted by reference under 4 AAC 27.110;

(2) costs of activity bus services; those costs must be provided on a cost-per-bus, per-day, per-hour, and per-half-hour basis; and

(3) costs of optional equipment; those costs must be provided on a cost-per-bus basis.

(c) The district shall ensure that all requests for proposals commence six months before the expiration date of the current contract. Pre-bid conferences shall be held 30 days after the release of the request for proposals. All requests for proposals must be due to the district 14 days after the pre-bid conference and opened on that same day in public at the hour and place stated in the request for proposals.

(d) After the district's school board action to offer a transportation contract, and following any board actions on petitions for reconsideration by proposers, the district school board shall forward a copy of the written proposed contract and successful proposal to the department not later than April 15 of the fiscal year preceding the first year of the contract. In addition, a copy of the final signed written contract shall be forwarded to the department not later than the first day of the contract.

(e) Notwithstanding (c) of this section, each district with an average daily membership of 4,500 or more shall work with the department to align, bid, and remain on the same five-year term cycle.

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.090 Proposals by contractors {#sec-4-aac-27.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.090}

Repealed 9/14/77.

4 AAC 27.100 Contractor's duties {#sec-4-aac-27.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.100}

Repealed.

4 AAC 27.110 Supplementary publications pertaining to pupil transportation {#sec-4-aac-27.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.110}

The following handbooks are adopted by reference as the minimum standards for school buses in the state:

(1) for school buses manufactured on or after September 11, 1994, but before January 1, 2002,

(A) National Standards for School Buses, found on pages 1 - 31 of the 1990 National Standards for School Buses and Operations, published by the National Safety Council, 444 North Michigan Avenue, Chicago, Illinois 60611; and

(B) Minimum Standards for Alaska School Buses, 1994 Revised Edition, published by the department;

(2) for school buses manufactured on or after January 1, 2002, but before January 1, 2007,

(A) National Specifications for School Buses, found on pages 1 - 71 of the National School Transportation Specifications & Procedures, 2000 Revised Edition, published by Missouri Safety Center, Central Missouri State University, Humphreys Suite 201, Warrensburg, Missouri 64093; and

(B) Minimum Standards for Alaska School Buses, 2001 Revised Edition, published by the department;

(3) for school buses manufactured on or after January 1, 2007, but before January 1, 2012,

(A) National Specifications for School Buses, found on pages 1 - 81 of the National School Transportation Specifications & Procedures, May 2005 Revised Edition, published by Missouri Safety Center, Central Missouri State University, Humphreys Suite 201, Warrensburg, Missouri 64093; and

(B) Minimum Standards for Alaska School Buses, 2006 Revised Edition, published by the department;

(4) for school buses manufactured on or after January 1, 2012, but before January 1, 2018,

(A) National Specifications for School Buses, found on pages 1 - 70 of the National School Transportation Specifications & Procedures, May 2010 Revised Edition, published by Missouri Safety Center, Central Missouri State University, Humphreys Suite 201, Warrensburg, Missouri 64093; and

(B) Minimum Standards for Alaska School Buses, 2011 Revised Edition, published by the department;

(5) for school buses manufactured on or after January 1, 2018,

(A) National Specifications for School Buses found on pages 13 - 81 of the National School Transportation Specifications and Procedures, May 2015 Revised Edition, published by the National Association of State Directors of Pupil Transportation Services (NASDPTS), 5307 Indigo Way, Middleton, WI 53562; and

(B) Minimum Standards for Alaska School Buses, 2017 Revised Edition, published by the department.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.09.010 AS 14.07.030; AS 14.07.070

4 AAC 27.200 Approved school bus driver training courses {#sec-4-aac-27.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.200}

(a) Repealed 5/25/2000.

(b) Repealed 5/25/2000.

(c) Application for department approval of a school bus driver training course must be made on forms prescribed by the department. The department will approve a school bus driver training course that

(1) is conducted by a school bus driver training instructor certified under 4 AAC 27.210; and

(2) includes at least 10 hours of training that meets the minimum standard training requirements of 4 AAC 27.220.

(d) Repealed 5/25/2000.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 3/15/89, Register 109; am 5/25/2000, Register 154

4 AAC 27.210 Certification of instructors {#sec-4-aac-27.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.210}

(a) The department will certify a person holding a school bus driver permit as a school bus driver training instructor if the person:

(1) has at least two years' school bus driving experience; and

(2) satisfactorily completes a school bus driver training instructor certification program conducted by the department.

(b) A school bus driver training instructor certificate issued under (a) of this section expires three years after the date of issuance, or when the holder fails to continue to hold a school bus driver permit, whichever comes first.

(c) An instructor certificate issued under (a) of this section may be renewed every three years if the holder submits an application on a form prescribed by the department and

(1) has conducted at least one school bus driver training course approved under 4 AAC 27.200 during the term of the certificate that covered each of the minimum standard training requirements of 4 AAC 27.220; and

(2) satisfactorily completes a school bus driver training instructor refresher program conducted by the department.

(d) The requirement of subsection (c)(1) may be waived by the commissioner if the commissioner determines that the opportunity to conduct the required training did not exist.

History

Authority: AS 14.07.020(a)AS 14.07.060; AS 28.15.046(b)
Eff. 3/15/89, Register 109

4 AAC 27.220 Minimum standards for school bus driver training courses {#sec-4-aac-27.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.220}

To successfully complete a school bus driver training course approved under 4 AAC 27.200(c), a person must do the following to the satisfaction of the instructor:

(1) identify the major mechanical component systems of a school bus;

(2) complete a pre-trip inspection of a school bus;

(3) adjust the driver's seat of a school bus so that all controls can be reached easily;

(4) adjust the mirrors of a school bus for optimum visibility;

(5) demonstrate starting and stopping the bus smoothly using proper coordination of accelerator, clutch where applicable and brakes;

(6) stop a school bus a specified distance from another object or point using over the hood, rear and curb reference points;

(7) where applicable shift gears on a moving school bus in a manner that provides a safe ride to passengers and avoids damage and unnecessary wear to the bus components;

(8) where applicable, demonstrate the use of shifting in slowing and stopping the bus;

(9) turn a corner in a school bus while keeping the bus in the correct lane of traffic;

(10) back up a school bus in a straight line, and turn the bus around by backing into a side street under conditions of both ample and limited space;

(11) explain and demonstrate defensive driving skills which may help prevent accidents in school buses in spite of incorrect actions of others;

(12) demonstrate procedures for properly loading and unloading students;

(13) explain techniques for managing the behavior of students on a school bus in a positive way;

(14) explain proper actions to take during driving emergencies;

(15) locate and explain how to use emergency equipment found on school buses;

(16) explain and demonstrate procedures for safely positioning a school bus on a road after a mechanical breakdown or emergency situation;

(17) demonstrate procedures for safely evacuating passengers of a school bus; and

(18) demonstrate procedures for properly crossing railroad tracks in a school bus.

History

Authority: AS 14.07.020(a)AS 14.07.060; AS 28.15.046(b)
Eff. 3/15/89, Register 109

4 AAC 27.225 Issuance of school bus driver certificates under 4 AAC 27.200(a) and (b). Deleted {#sec-4-aac-27.225 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.225}

History

Eff. 3/15/89, Register 109

4 AAC 27.230 Issuance of school bus driver certificates under 4 AAC 27.200(c). (a) The instructor shall issue a certificate certifying that a person has successfully completed a state approved school bus driver training course as required by AS 28.15.046(b)(5) when the person successfully completes a course approved under 4 AAC 27.200(c). (b) The provider of a training course approved under 4 AAC 27.200(c) must keep records available for inspection by the department for a period of three years for each person to whom its certified instructor has given instruction in school bus driving indicating (1) the standards on which training was given, the amount of training given on each, and when the training was given; and (2) evaluation sheets, dated and signed by the instructor and driver, documenting that the driver has met each of the standards listed in 4 AAC 27.220. (c) The training provider must furnish a duplicate of each certificate issued under (a) of this section to the department within 5 days of its issuance {#sec-4-aac-27.230 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.230}

History

Authority: AS 14.07.020(a)AS 14.07.060; AS 28.15.046(b)
Eff. 3/15/89, Register 109

4 AAC 27.235 Revocation of school bus driver training course approval. (a) The department will, in its discretion and in accordance with the Administrative Procedure Act (AS 44.62.330 - AS 44.62.640), revoke a course approval issued under 4 AAC 27.200(c) for any of the following reasons: (1) fraudulent certification of training; (2) failure to follow department regulations concerning school bus driver training; (3) negligence in driving or instructional techniques; (4) failure to properly document training as required by 4 AAC 27.230; (5) willful failure to submit duplicate certificate to the department as required by 4 AAC 27.230; (6) failure to have instructor certified under 4 AAC 27.210 conduct the training; or (7) failure to teach each minimum standard training requirement listed in 4 AAC 27.220. (b) Deleted {#sec-4-aac-27.235 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.235}

History

Authority: AS 14.07.020(a)AS 14.07.060; AS 28.15.046(b)
Eff. 3/15/89, Register 109

4 AAC 27.240 Revocation of instructor certificate. The department will, in its discretion and in accordance with the Administrative Procedure Act (AS 44.62.330 - AS 44.62.640), revoke an instructor certificate issued under 4 AAC 27.210 for any of the following reasons: (a) fraudulent certification of training; (b) failure to follow department regulations concerning school bus driver training; or (c) negligence in driving or instructional techniques {#sec-4-aac-27.240 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.240}

History

Authority: AS 14.07.020(a)AS 14.07.060; AS 28.15.046(b)
Eff. 3/15/89, Register 109

4 AAC 27.950 Measurement of distance to attendance center. Repealed {#sec-4-aac-27.950 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.950}

History

Eff. 7/8/99, Register 151; repealed 6/4/2004, Register 170

4 AAC 27.951 Measurement of distance to attendance center. For purposes of this chapter, in determining whether a pupil resides at least a specified distance from the pupil's attendance center or nearest transportation route pickup point, the distance to be measured is the shortest route, measured from the closest point of the residence property, by which a pupil could actually walk to the location while not crossing private property without the permission of the property owner {#sec-4-aac-27.951 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.951}

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030; AS 14.09.010
Eff. 7/25/2014, Register 211

4 AAC 27.990 Definitions. In AS 14.09 and this chapter, unless the context requires otherwise, (1) "activity bus" means a bus owned, leased, or contracted by a district and regularly used to transport pupils on field trips, athletic trips, and extracurricular and other non-instructional activities; (2) "attendance center" means the neighborhood school within a district to which a pupil is to be transported for educational purposes; (3) "bus route" or "route" (A) means the shortest distance necessary to transport a given group of pupils from a pickup point nearest their homes to their attendance center and back; (B) does not include the distance from where a transportation vehicle is garaged to the start of its route; (4) "commissioner" means the commissioner of education and early development or the commissioner's designee; (5) "duplicate mileage" means any portion of a route that travels both directions on the same street or roadway; (6) "eligible expenditure" (A) means only a cost associated with operating the basic to- and from-school transportation services; (B) includes direct administrative and staff salaries and benefits, contracted services, supplies, and equipment; (7) "IEP" means an individualized education program as set out in AS 14.30.278 and 4 AAC 52.140; (8) "optional equipment" means any equipment not required in the most current edition of the minimum standards for Alaska school buses adopted by reference under 4 AAC 27.110; (9) "pupil" means a person eligible under the laws of this state for free public education and who is attending school; (10) "school bus" means a type of bus specially designed and manufactured for the transporting of pupils to and from school and school events; (11) "school district" or "district" includes borough and city school districts and regional educational attendance areas; (12) "spare buses" means those buses used by a district for to- and from-school transportation services in the event of a mechanical failure in the primary bus fleet; (13) "to- and from-school transportation services" means transporting a pupil from the pupil's pick up point to and from school on regular scheduled school days {#sec-4-aac-27.990 omnilex-key=us-ak-regs-official--title-4--4 AAC 27.990}

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030; AS 14.09.010
Eff. 5/30/71, Register 38; am 9/14/77, Register 63; am 7/8/99, Register 151; am 7/23/99, Register 151; am 6/4/2004, Register 170; am 7/25/2014, Register 211

Chapter 30 Exchange Teachers and Student Teachers

4 AAC 30.010 Exchange teachers {#sec-4-aac-30.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 30.010}

(a) The exchange of teachers is for a period of one year only. The school board of the school district making the exchange is authorized to grant the exchange in accordance with this section and may give teachers leaves of absence for not more than one year.

(b) Teachers in district schools desiring exchange positions with teachers of school systems in the states or territories shall first secure the written consent of their respective school boards. The consent shall state that a leave of absence is granted for one year, specify the year, and state that the teacher may return to her position the following year. These letters shall be forwarded to the commissioner for recordation.

(c) All teachers must have taught successfully for a period of five years in the state, the last three years of which must be in the position they are holding at the time of their application for exchange.

(d) The district school boards have authority to accept in exchange teachers qualified in the other states or territories for the period of one year, and the exchange teachers are not required to secure a state certificate for the year of exchange. If the teachers coming into the state stay longer than one year, they are required to secure certificates in accordance with the regulations of the department.

(e) In selecting teachers for exchange, special attention shall be paid to the "general fitness" of teachers under consideration. No applicant for the privilege of securing an exchange position shall be recommended unless it is felt that the teacher will make a satisfactory contribution and will represent with credit the public schools of Alaska.

(f) This section also applies to exchange teaching positions for foreign countries. Exchange teachers from foreign countries are not required to meet the citizenship requirement for teaching in the state and will not have to take the oath of office, provided they have been cleared for entrance into this country. They shall, however, be required to file a medical certificate.

(g) Exchange teaching in another state or in a territory or in a foreign country will be acceptable as Alaska experience for not to exceed a one year's experience credit, provided that the experience is in a public school and provided that the teacher has gone directly from an Alaska position to the exchange position.

History

Authority: AS 14.07.060; AS 14.20.020(c)
Eff. 7/9/72, Register 42

4 AAC 30.020 Student teachers {#sec-4-aac-30.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 30.020}

(a) An institution of higher learning operating an approved program must require a student enrolled in the program to serve as a student teacher or participate in a supervised clinical practice in a public school for a minimum of 500 hours over a period of 15 weeks.

(b) A student who wants to serve as a student teacher in a public school in this state must apply for authorization on a form prescribed by the department and must submit information requested by the department. The department will conduct a criminal history background check of the student under AS 14.20.020 and 4 AAC 12.300 as if the student were an applicant for a teacher certificate. The department will not authorize the student to serve as a student teacher if the student fails the check.

(c) The department will not authorize an applicant to serve as a student teacher unless the applicant has passed the basic competency examination required under AS 14.20.020(i) and 4 AAC 12.310.

(d) A student teacher authorized under this section must be under the general supervision of a teacher who holds a valid teaching certificate issued under 4 AAC 12, has at least one year of teaching experience in the district where the student teacher is serving, has at least three years of total teaching experience, and meets or exceeds the standards described in 4 AAC 04.200 as verified by the district where the student teacher is serving.

(e) If authorized by the student teacher's preparing institution and supervising teacher, a student teacher may be assigned, from time to time, to instruct, teach, counsel, test, or evaluate students without obtaining a teacher's certificate and without the supervising teacher's presence in the same room, classroom, or other location.

(f) A student teacher shall abide by the code of ethics and professional teaching standards in 20 AAC 10.020.

(g) In this section,

(1) "approved program" means a program accepted under 4 AAC 12.307 or approved under 4 AAC 12.308;

(2) "teacher";

(A) has the meaning given in 4 AAC 12.900(c);

(B) includes pre-school teachers.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 7/1/90, Register 114; am 6/24/95, Register 134; am 6/28/98, Register 146; am 9/29/2005, Register 175; am 8/1/2015, Register 215

Chapter 31 School Facility Planning and Construction

Article 1 Planning and Construction

4 AAC 31.010 Educational specifications {#sec-4-aac-31.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.010}

The chief school administrator, under the direction of the school board, is responsible for preparation of educational specifications for all new public elementary and secondary schools, and additions to and rehabilitations of existing facilities. These educational specifications must include, as a minimum, the following:

(1) the current year and five-year post-occupancy projected attendance area enrollments in the grades affected by the facility;

(2) a statement of educational philosophy and goals for the facility;

(3) the curriculum to be housed by the facility;

(4) the activities that will be conducted in the facility;

(5) the anticipated community uses of the facility;

(6) the specific and general architectural characteristics desired;

(7) the educational spaces needed, their approximate sizes in square feet, their recommended equipment requirements, and their space relationships to other facility elements;

(8) the size, use, and condition of existing school spaces in the facility;

(9) the recommended site and utility requirements;

(10) the proposed budget and method of financing; and

(11) the technology goals of the curriculum and their facility requirements.

History

Authority: AS 14.07.020; AS 14.11.020 AS 14.07.060; AS 14.11.100
Eff. 3/1/78, Register 65; am 12/2/83, Register 88; am 4/17/98, Register 146; am 7/13/2000, Register 155

4 AAC 31.011 Planning of educational facilities {#sec-4-aac-31.011 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.011}

(a) The chief school administrator, under the direction of the school board, is responsible for preparing a six-year capital improvement plan, including annual updates, for all new public elementary schools, secondary schools, and education-related facilities, as well as for all additions to and rehabilitations of existing facilities, for which state aid is sought under AS 14.11.011 or for which an allocation of state aid as debt service reimbursement is sought under AS 14.11.100.

(b) The capital improvement plan must include:

(1) a description of the district's fixed asset inventory and its condition;

(2) a description of the district's preventive maintenance program for facilities in the district; and

(3) for each capital project in the six-year plan: a project title, a project scope, and an estimated project cost.

(c) A district requesting approval of a project for state aid under AS 14.11.011 or AS 14.11.100 shall submit an updated six-year capital improvement plan to the department no later than September 1 of each year. The district's six-year capital improvement plan must list each project for which approval of a project for state aid is sought.

History

Authority: AS 14.07.020(a)(11)AS 14.11.011; AS 14.11.020 AS 14.07.060; AS 14.11.013; AS 14.11.132
Eff. 12/2/83, Register 88; am 8/31/90, Register 115; am 4/17/98, Register 146

4 AAC 31.013 Preventive maintenance and facility management {#sec-4-aac-31.013 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.013}

(a) For a district to be eligible for state aid under AS 14.11.011 or AS 14.11.100, the district must have a facility management program that addresses the following five elements of facility and maintenance management:

(1) a formal maintenance management program that records maintenance activities on a work order basis, and tracks the timing and cost, including labor and materials, of maintenance activities in sufficient detail to produce reports of planned and completed work;

(2) an energy management plan that includes

(A) the recording of energy consumption for all utilities on a monthly basis for each building; for facilities constructed before December 15, 2004, a district may record energy consumption for utilities on a monthly basis when multiple buildings are served by one utility plant; and

(B) regular evaluation of the effectiveness of and need for commissioning existing buildings;

(3) a custodial program that includes a schedule of custodial activities for each building based on type of work and scope of effort;

(4) a maintenance training program that specifies training for custodial and maintenance staff and records training received by each person; and

(5) a renewal and replacement schedule that, for each school facility of permanent construction over 1,000 gross square feet, identifies the construction cost of major building systems, including electrical, mechanical, structural and other components; evaluates and establishes the life-expectancy of those systems; compares life-expectancy to the age and condition of the systems; and uses the data to forecast a renewal and replacement year and cost for each system.

(b) Repealed 12/15/2004.

(c) At the request of a chief school administrator, the department will assist a district in implementing a qualifying preventive maintenance program through consultation, on-site reviews, and training.

(d) Repealed 12/15/2004.

(e) The department will make a determination of a district's compliance with each element required in (a) of this section, based on evidence of a program acquired by the department, including information gathered by the department during an on-site visit conducted under (f) of this section. The department may change a determination at any time during the year based on new evidence. For purposes of eligibility for an application submitted under AS 14.11.011, on or before June 1, the department will provide preliminary notice of its determination. Districts that are not in full compliance must provide evidence of compliance to the department by August 1. On or before August 15, the department will notify districts of its final determination regarding compliance. The department will deny a grant application submitted under AS 14.11.011 by a district that has received a final determination from the department that the district is out of compliance with this section.

(f) The department will conduct an on-site inspection of a school district preventive maintenance and facility management program at least once every five years; however, if the department issues a finding of noncompliance under (e) of this section and the district does not provide adequate evidence of compliance, the department may postpone an on-site visit beyond the five-year period. The department may make additional inspections as it determines necessary. The department may change its determination of compliance based on information obtained during an on-site inspection.

(g) In this section

(1) "district" has the meaning given in AS 14.11.135;

(2) "maintenance activities" means all work performed by district staff or contractors on building systems, components, utilities, and site improvements.

(h) Notwithstanding (e) and (f) of this section, the department may make a determination of provisional compliance for a district that provides evidence of a plan that meets all required elements identified in (a) of this section but does not provide documentation of adherence to that plan. A determination of provisional compliance will allow a district to be eligible for state aid until a final determination of compliance or noncompliance is provided.

History

Authority: AS 14.07.020; AS 14.11.011; AS 14.11.132 AS 14.07.060; AS 14.11.100
Eff. 5/24/2001, Register 158; am 12/19/2002, Register 164; am 12/15/2004, Register 172; am 6/17/2010, Register 194; am 11/28/2019, Register 232; add'l am 11/28/2019, Register 232

4 AAC 31.014 Codes and regulations for school facilities {#sec-4-aac-31.014 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.014}

(a) The chief school administrator shall assure that a new school facility, addition, or major renovation complies with applicable facility codes and regulations of the state and with those of the municipality in which the facility is located. The chief school administrator may meet the obligation by providing documentation from the appropriate state or municipal official that the facility, addition, or renovation complies with an applicable code or regulation. For purposes of this subsection, the applicable codes and regulations of the state with which facilities, additions, or renovations must comply are the

(1) building code, adopted by 13 AAC 50.020;

(2) electrical code, adopted by 8 AAC 70.025;

(3) plumbing code, adopted by AS 18.60.705(a);

(4) mechanical code, adopted by 13 AAC 50.023;

(5) ASME Boiler and Pressure Vessel Code, adopted by 8 AAC 80.010;

(6) fire code, adopted by 13 AAC 50.025; and

(7) energy efficiency code, consisting of the American Association of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings, (2016 Edition), and adopted by reference.

(b) If the construction of a new school facility or addition or the making of a major renovation to a school facility affects navigable airspace, the chief school administrator shall assure that the new school facility, addition, or major renovation complies with regulations of the Federal Aviation Administration relating to Objects Affecting Navigable Airspace, as adopted by the Department of Transportation and Public Facilities in regulations applicable to all state airport land leases and permits. The commissioner will, in the commissioner's discretion, require the chief school administrator to provide documentation from the appropriate official that the facility, addition, or renovation complies with this subsection.

History

Authority: AS 14.07.020
Eff. 4/17/98, Register 146; am 6/17/2010, Register 194; am 6/14/2013, Register 206; am 12/20/2020, Register 236

4 AAC 31.016 Determination of attendance areas for space eligibility {#sec-4-aac-31.016 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.016}

(a) For purposes of calculating the number of unhoused students and the amount of square footage eligible for state school facility funding, each school district is divided into attendance areas. Annually, by February 1, the commissioner will issue a list of the department-established attendance areas within each school district. The list will be based on the criteria set out in (b) and (c) of this section.

(b) Each group of public schools in a school district that meet the following criteria will be established as a single attendance area:

(1) all schools serving students in any of the grades 9-12, and located within a single home rule, first class, or second class city; an attendance area under this paragraph includes all feeder schools, if any, for those schools;

(2) each school serving students in any of the grades 9-12, and located outside of a unified municipality or of a home rule, first class, or second class city; an attendance area under this paragraph includes all feeder schools, if any, for that school;

(3) all schools located within a unified municipality; however, a high school and all of its feeder schools within a unified municipality will be established as a separate attendance area, if the high school

(A) is located more than 13 road miles from the next nearest high school within the unified municipality; and

(B) together with all of its feeder schools has an ADM in excess of 1,000 in grades kindergarten through 12;

(4) all schools located on a military installation, if access to those schools can be limited by security measures of the installation.

(c) The commissioner will establish an attendance area in addition to those described in (b) of this section if the commissioner is satisfied that the schools in that attendance area are geographically separated from the nearest school in the attendance area established under (b) of this section in which the schools of the additional attendance area would otherwise be included.

(d) A school district may request an amendment to the attendance areas established in the annual list specified in (a) of this section. The commissioner will adjust the attendance areas if satisfied that the request is justified under the criteria set out in (b) or (c) of this section. A district request for amendment must be made in writing and received by the commissioner by March 1 following publication of the list to which an amendment is sought. The commissioner will provide notice of approval or denial of a district request under this subsection by certified mail posted on or before April 1.

(e) Except for an exceptional child transferred under AS 14.30.285, a student who resides in one school district or attendance area but enrolls in and attends school in another school district or attendance area must be counted in the attendance area in which the student is enrolled.

(f) The enrollment calculated for correspondence study students will be excluded from use in calculating eligibility for additional square footage for facilities.

(g) Space in state-operated schools or schools operated on behalf of the state will be excluded from the attendance area in which the space is located.

(h) Once attendance areas are finalized under (d) of this section, a change in grade levels offered by a high school or feeder school must be approved by the commissioner. A request for a change in grade level must be made in writing to the commissioner before the statutory deadline for submission of capital improvement project applications for state aid under AS 14.11.011 or AS 14.11.100 in order for the change to be considered in the determination of space allocations for that year.

(i) The enrollment calculated for students in leased space will be excluded from use in calculating eligibility for additional square footage for facilities unless

(1) that enrollment is in an attendance area comprised of a single school; or

(2) the lease is due to terminate within two years and the district submits an application for a capital improvement project under AS 14.11 for new school construction to house the student population of the terminating lease space.

History

Authority: AS 14.07.060; AS 14.11.015; AS 14.11.132 AS 14.11.011; AS 14.11.017 AS 14.11.013; AS 14.11.100
Eff. 7/13/2000, Register 155; am 12/19/2002, Register 164; am 11/28/2019, Register 232

4 AAC 31.020 Guides for planning educational facilities {#sec-4-aac-31.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.020}

(a) The following are the basic guides for educational facility planning adopted by reference:

(1) for a school capital project application submitted to the department, Creating Connections: The CEFPI Guide for Educational Facility Planning, 2004 edition, as published by the Council of Educational Facilities Planners International;

(2) repealed 4/17/98;

(3) repealed 4/17/98;

(4) Guidelines for School Equipment Purchases, as published by the Alaska Department of Education and Early Development, 2021 edition;

(5) deleted 8/31/90;

(6) repealed 4/17/98;

(7) Swimming Pool Guidelines for Educational Facilities, as published by the Alaska Department of Education and Early Development, 2019 edition; and

(8) Site Selection Criteria and Evaluation Handbook, as published by the Alaska Department of Education and Early Development, 2021 edition.

(b) In the event of a conflict between publications incorporated by reference in (a) of this section, the publication prepared by the Department of Education and Early Development controls.

(c) Notwithstanding (a)(1) of this section, for the purpose of determining funding for a school capital project under AS 14.11, the square feet allowable must be determined under this subsection based on the grade levels offered in the school. The base square feet allowable per average daily membership (ADM) and supplemental square feet allowable per ADM are calculated, and additional square footage is approvable, as follows:

(1) the base square feet allowable per ADM for an elementary school is 114 square feet;

(2) the supplemental square feet allowable per ADM for an elementary school is 130 X 10(-ADM/250);

(3) the base square feet allowable per ADM for a secondary school is 165 square feet;

(4) the supplemental square feet allowable per ADM for a secondary school is 300 X 10(-ADM/300);

(5) the base square feet allowable per ADM for a combined elementary and secondary school is 114 square feet per elementary ADM and 165 square feet per secondary ADM;

(6) the supplemental square feet allowable per ADM for a combined elementary and secondary school is 213 X 10(-combined ADM/483);

(7) a district may request the commissioner to approve a variance for additional space for a school; the request for each variance must be in writing; all requested variances, taken together may not exceed 20 percent of the gross square feet allowable for the school; the commissioner will approve the request, subject to (g) of this section, and will apply the variance to both planned and completed schools, if the commissioner finds

(A) that a unique educational program not envisioned by the educational facility planning guides set out in (a) of this section is required to meet the needs of the population to be served by the school; and

(B) at least one of the following:

(i) that the district has demonstrated that additional space is required to adequately house the unique educational program and that the effect of accommodating the additional space without a variance prohibits the remainder of the population served by the school from having sufficient space for standard educational programs;

(ii) that the added space is necessary to meet the needs of the educational program and is in the best interests of the state;

(8) the commissioner, at the request of the district, may approve a variance for additional space of not more than 15 square feet per projected ADM for new projects that propose the rehabilitation of or addition to an existing facility and not more than 20 square feet per current capacity for existing schools that have, at some previous point, experienced a rehabilitation of or addition to an existing facility; the commissioner will approve a request under this paragraph only if the district's request is supported by an explanation of the reasons for the request that demonstrates

(A) the specific cause of each impact;

(B) the square feet affected by the cause of impact; and

(9) the base square feet allowable per ADM for a mixed grade school is 114 square feet per elementary ADM and 165 square feet per secondary ADM, except that for a mixed grade school that includes grade six in conjunction with two or more secondary grades located in a separate school facility, the base square feet allowable per ADM is 165 square feet per grade six ADM;

(10) the supplemental square feet allowable per ADM for a mixed grade school is 250 X 10(-combined ADM/250).

(d) The department will reduce a project budget in proportion to the amount that the project's design exceeds the square feet allowable as determined under (c) of this section, until an agreement, as described in 4 AAC 31.023(c), is fully executed. The department may proportionally reduce the project budget under this subsection if a project has not secured the approval of the commissioner under 4 AAC 31.040.

(e) For the purposes of this section, the space of a building is the sum of the areas of the floors of a building in gross square feet. The floors of a building include a basement, a mezzanine, an intermediate floored tier, and a penthouse of headroom height. Space is measured from the exterior face of an exterior wall or from the centerline of a wall that separates a building. For the purposes of calculating a building's gross square footage, the

(1) building's gross square footage does not include

(A) a utility distribution area with

(i) a ceiling height below seven feet; and

(ii) a floor assembly not sized to support an occupant load according to applicable state and municipal building codes;

(B) a pipe chase;

(D) a chimney; or

(E) a roof overhang; and

(2) following allowances above the gross square footage calculated in (c) of this section are permitted:

(A) covered exterior areas not conditioned with heating or cooling

(i) equal to the greater of 15 percent of a building's gross square footage or 3,000 gross square feet; and

(ii) to a maximum of 9,000 gross square feet;

(B) space to support water storage, water treatment, or sewer treatment to a maximum of five percent of a building's gross square footage.

(f) Repealed 6/17/2010.

(g) A request to approve a variance for additional space made and approved under (c)(7) of this section expires on the first day of October following the one-year anniversary of the commissioner's approval of it unless the district certifies to the department, no later than that date, the continued existence of the unique educational program described in (c)(7)(A) of this section for which the additional space was approved.

(h) Notwithstanding (c) of this section, the commissioner will deny or disallow a determination of allowable space under (c)(1) - (6), (9), and (10) of this section and will deny a request to approve a variance for additional space under (c)(7) and (8) of this section if the commissioner finds that the space determination or approval of the request is the result of a choice in educational delivery by the school district that could be eliminated by a redistribution of school age populations between attendance centers in the attendance area.

(i) Notwithstanding (a) - (h) of this section, the commissioner shall approve a variance from the limitations on allowable space in a school set out in this section for space that is jointly used by the school and another entity, if the request meets the requirements of this subsection and the department determines that the sharing entity is able to participate as specified in the agreement. The request must be made by a district, in writing, and meet the following:

(1) the space that is jointly used is subject to a formal binding agreement between the district and the entity sharing use; the agreement must cover allocation and method of sharing between the district and the entity of the following:

(A) the operating costs for the jointly used space for the life of the facility;

(B) future capital costs for the life of the facility;

(2) the variance requested is limited to the amount of square footage that the entity sharing space accepts responsibility for in the agreement described in (1) of this subsection;

(3) a copy of the agreement described in (1) of this subsection is submitted with the request for variance.

(j) A variance approved under (i) of this section is no longer valid if the agreement upon which the variance was based is amended or terminated. If the agreement is amended or terminated, the district shall immediately notify the department and submit any new request for a variance in accordance with (i) of this section.

(k) Notwithstanding (a) - (h) of this section, the commissioner will approve a variance from the limitations on allowable space in a school set out in this section for space that is provided in oversized core areas, if the request meets the requirements of this subsection. The request must be made by a district, in writing, and meet the following:

(1) the district requesting the variance has an established standard for educational delivery that

(A) defines a specific school program;

(B) establishes a standard student population to be served by the program; and

(2) the oversized core areas for a future project are sized proportionate to that size required in the project's educational specifications to accommodate a student population projected in accordance with 4 AAC 31.021(c)(3), and projected for an additional five years at the growth rate accepted for the initial projection, not to exceed 130 percent of the initial projection;

(3) the individual core areas of an existing facility, when combined, exceed the square footage of that core area stated in the educational specification to a maximum of 10 percent of the gross square footage of the facility.

History

Authority: AS 14.07.020; AS 14.11.011; AS 14.11.100 AS 14.07.060; AS 14.11.020; AS 14.11.132
Eff. 3/1/78, Register 65; am 6/9/83, Register 86; am 12/2/83, Register 88; am 8/31/90, Register 115; am 10/7/95, Register 136; am 4/17/98, Register 146; am 2/18/99, Register 149; am 7/13/2000, Register 155; am 8/23/2001, Register 159; am 12/20/2002, Register 164; am 6/17/2010, Register 194; am 11/28/2019, Register 232; am 9/25/2022, Register 243

4 AAC 31.021 Applications for grants for capital improvement projects {#sec-4-aac-31.021 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.021}

(a) A school district, as the term "district" is defined in AS 14.11.135, may apply for no more than 10 capital improvement grants under AS 14.11.011 no later than September 1 of the fiscal year preceding the fiscal year for which the request is made. The application shall be made on forms prescribed by the commissioner and be accompanied by the school district's current six-year capital improvement plan prepared under 4 AAC 31.011, and the chief school administrator must certify that the application is submitted in accordance with law.

(b) Repealed 3/10/96.

(c) A grant application that includes new construction, addition of space, or replacement of space must include verification that

(1) the enrollment of the attendance area will reach the design capacity of existing school facilities within two years;

(2) the situation cannot be relieved by adjusting the boundaries of service areas and transporting the children to nearby schools;

(3) as demonstrated by commonly accepted demographic techniques resulting in population projections accepted as reasonable by the department, the proposed facility will reach and sustain design capacity within five years after the anticipated occupancy date; and

(4) repealed 4/17/98;

(5) repealed 4/17/98;

(6) repealed 6/17/2010.

(d) If a school district wants to request a waiver of local contribution for a grant allowable under AS 14.11.008, that district shall make a request in its grant application and include the basis for that request in that application.

(e) Using the criteria set out in 4 AAC 31.022(b), the department will score each application and use the score to assign a priority ranking to the projects approved for eligibility. The department may annually approve a school district's request to reuse an original application and its score for up to five additional years after the year the original application is submitted, if, for a school capital project listed in the district's six-year capital improvement plan,

(1) the school district identifies, in a letter accompanying the six-year plan, the specific application for which the district requests consideration beyond the initial application period;

(2) the chief school administrator certifies in writing that the district's eligibility for any additional square footage associated with the project has not decreased; and

(3) for requests to reuse the application and score

(A) for the first additional year,

(i) the physical condition of a facility included in the project has not deteriorated so as to increase the project's cost to exceed the amount determined by application of the inflation factor under (f) of this section; and

(ii) health and life safety conditions and code conditions have not changed so as to affect the project's score under 4 AAC 31.022(b); or

(B) in years two through five after the year of the original application, the project construction is substantially complete at the time of the original application; an inflation factor under (f) of this section will not be added to the project cost when an application is reused under this subparagraph.

(f) If, under (e) of this section, the department approves a district's reuse of its previous year's application and score for one additional year after the year the original application is filed, the department will add an inflation factor based on an industry-accepted method to costs anticipated to occur after the award of the grant.

(g) If, under (e) of this section, a district reuses its original application and score for one or more additional years after the original application is filed, the district may not appeal its priority ranking in any of the additional years.

(h) A grant application must include certification that insurance or a program of self-insurance exists under 4 AAC 31.200 - 4 AAC 31.225 and will be revised, if necessary, to include the proposed facility.

History

Authority: AS 14.07.060; AS 14.11.011; AS 14.11.132 AS 14.11.008; AS 14.11.013
Eff. 8/31/90, Register 115; am 8/12/93, Register 127; am 3/10/96, Register 137; am 4/17/98, Register 146; am 7/13/2000, Register 155; am 12/19/2002, Register 164; am 6/17/2010, Register 194; am 11/28/2019, Register 232

4 AAC 31.022 Annual grant application review and capital improvement grant schedule revision {#sec-4-aac-31.022 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.022}

(a) Each year, department staff shall

(1) review the revised six-year capital improvement plans submitted by each school district under 4 AAC 31.011; and

(2) recommend to the state Board of Education

(A) a revised six-year capital improvement plan; and

(B) a current-year capital improvement grant schedule, including individual grant amounts; if approved by the state Board of Education, the grant schedule takes effect with the start of the following fiscal year subject to legislative appropriation.

(b) When reviewing the six-year capital improvement plans and the grant applications submitted by school districts, department staff shall separately rank projects in the following classifications in the first year of the plan, in descending order of priority, as serves the state's best interests, where

(1) school construction projects are those projects the primary purpose of which is to accomplish work under the categories established in AS 14.11.013(a)(1)(A), (B), (F), and (G); and

(2) major maintenance projects are those projects the primary purpose of which is to accomplish work under the categories established in AS 14.11.013(a)(1)(C) - (E), except that a major maintenance project may not include additional or replacement square footage.

(c) When the department staff ranks projects under (b) of this section, the staff shall balance, as applicable to each project, the following considerations:

(1) the priority assigned to a project by a school district in relation to other projects of that district for which grant applications are submitted;

(2) the percentage by which the number of unhoused students exceeds the design capacity of existing facilities in the attendance area;

(3) the relationship of the cost of the project to the annual savings in operational costs and the present worth as an annuity of the projected costs savings over the remaining economic life of the building;

(4) whether the project

(A) is necessary to provide for elementary and secondary instructional program requirements, mandated by state law or regulation, that are not met by existing facilities;

(B) provides for elementary and secondary instructional programs that, although available, are inadequately served by existing facilities; or

(C) will provide for new elementary and secondary instructional programs that, although not presently provided by the school district, will allow new or enhanced opportunities in the local instructional program;

(5) existing regional, community, and school facilities and their condition;

(6) alternative educational program options for accomplishing the project's objectives;

(7) whether the project has been phased for funding under (f) of this section or under 4 AAC 31.023(b);

(8) whether the project has a mixed scope that combines features of projects described in (b)(1) and (b)(2) of this section; if the project has a mixed scope, the department staff shall

(A) separately consider each category in the mixed scope project when evaluating the whole project as proposed by the district;

(B) assign weight to evaluation criteria to consider each distinct mixed-scope element, and apply the evaluation criteria to selected portions of the mixed scope element, where appropriate; and

(9) the inclusion of new square footage to support unhoused students; the department staff shall place projects that add or replace square footage on the school construction list.

(d) The department will, in its discretion, reject a project

(1) that lacks adequate documentation under the provisions of 4 AAC 31.011(b)(3) and 4 AAC 31.021;

(2) whose objectives can adequately be served by existing facilities;

(3) whose objectives can be met by an alternative project that is in the state's best interest; or

(4) that is not in the state's best interests.

(e) The department will, in its discretion, approve a grant amount as proposed by the school district, reduce the proposed project's budget in the six-year grant schedule prepared under this section, or grant a waiver of all or a part of the required local contribution if requested under 4 AAC 31.021(a). A proposed project's budget will be reduced

(1) if the costs, as determined by the department, are excessive;

(2) if the space proposed exceeds the maximum allowed under 4 AAC 31.020, including any approved variances and any adjustments to student population projections that the department considers necessary to best reflect historic populations and reasonable future growth;

(3) repealed 6/17/2010;

(4) if base square feet allowable will not be used for education purposes for at least 75 percent of the scheduled school day, except that for a school with a small enrollment in a remote location, the department shall grant a variance for specialized classroom space that will be used during at least two years out of any four years;

(5) if the project costs include the cost of repairing or replacing items not essential to the operation of the physical plant or items that are normally scheduled for preventive maintenance, routine repair, or replacement;

(6) if the project costs include items of deferred maintenance work that are normally scheduled as a matter of preventive maintenance or routine maintenance and repair in the operation of the facility; or

(7) if items of cost are included that are not eligible for consideration under the provisions of AS 14.11.013(d) as allowable costs for school construction.

(f) For the purpose of funding, when the department prepares its grant schedule it will, in its discretion, divide a project into phases if the project's planned completion permits phasing, if phasing is in the state's best interest, and if phasing will not prejudice the school district in providing its instructional program.

History

Authority: AS 14.07.060; AS 14.11.013 AS 14.11.011; AS 14.11.132
Eff. 8/31/90, Register 115; am 8/12/93, Register 127; am 10/7/95, Register 136; am 4/17/98, Register 146; am 7/13/2000, Register 155; am 12/19/2002, Register 164; am 6/17/2010, Register 194; am 11/28/2019, Register 232

4 AAC 31.023 Grant or other financial assistance award, allocations, and conditions {#sec-4-aac-31.023 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.023}

(a) Except as provided in (b) of this section, the department will not award a grant under AS 14.11.011 - AS 14.11.020 or allocate other financial assistance under AS 14.11.100 unless the application was approved by the State Board of Education and money adequate to complete the project, in the amount approved, is available after making grant awards or allocating other financial assistance to projects that have a higher priority ranking.

(b) If, after providing money for grant or other financial assistance applications that have a higher priority, there is not enough money to pay for the next-priority project in total, a grant or other financial assistance will, in the department's discretion, be awarded or allocated in a lesser amount if (1) the district consents to a reduction in the scope of the project and the reduction in the scope of the project still results in accomplishing the project's objectives, or (2) the project is capable of being accomplished in phases. If the district does not consent to a reduction, and the project cannot be accomplished in phases, then the project that is next in order of priority will be considered for award of a grant or allocation of other financial assistance under (a) of this section and this subsection.

(c) The department will, before the disbursement of grant or allocations of other financial assistance to a school district, require the execution of a grant or other financial assistance agreement, on a form prescribed by the commissioner, that contains the following conditions:

(1) the project will be constructed and equipped under the requirements of 4 AAC 31.020(a), within the project budget determined under 4 AAC 31.022(e);

(2) money will be disbursed as the parties agree to allow the accomplishment of stages in the project, such as site acquisition; design and construction; and to reimburse the district for money actually and necessarily spent, before the award of the grant or allocation of other financial assistance,

(A) for application costs, planning costs, design costs, and construction costs incurred not more than 36 months before the initial submission of the grant or other financial assistance application with a substantially identical scope; and

(B) site acquisition costs incurred not more than 120 months before the initial submission of the grant or other financial assistance application with a substantially identical scope for which the department has given its approval under 4 AAC 31.025;

(3) the district's performance under the grant or other financial assistance is subject to financial audit at any time; the cost of an audit required by the state is an allowable cost of school construction;

(4) the site for the school facility is approved under 4 AAC 31.025;

(5) designers, commissioning agents, and construction managers of the facility shall be selected under 4 AAC 31.065;

(6) construction shall be performed by contracts awarded under 4 AAC 31.080; and

(7) unless a district provides documented evidence of project-specific indirect administrative costs in excess of these limits, indirect administrative costs may not exceed

(A) three percent of construction costs, if construction costs are $500,000 or less;

(B) the greater of $15,000 or two percent of construction costs, if construction costs are over $500,000 but less than $5,000,000;

(d) If a school district elects to provide the local share of a capital improvement project through an in-kind contribution of labor, material, or equipment, it shall provide notice to the department within 30 days after signing of the grant or other financial assistance agreement between the department and the school district. A description of the labor, material, or equipment must be included with its notice. The department will, in its discretion, approve or require a larger contribution of labor, material, or equipment. Additionally, the local share for new construction may be land if the land was acquired under the provisions of 4 AAC 31.025 and the district provides notice as described in this subsection. A school district aggrieved by the department's action under this subsection may appeal the decision under 4 AAC 40.010 - 4 AAC 40.050.

(e) In (c) of this section,

(1) "indirect administrative costs" means an allocable portion of administrative and operating expenses; and

(2) "construction costs" means the cost of contracted work as well as force account for facility construction, site preparation, site improvements, and utilities.

History

Authority: AS 14.11.013; AS 14.11.017; AS 14.11.132 AS 14.11.015; AS 14.11.100
Eff. 8/31/90, Register 115; am 8/12/93, Register 127; am 4/17/98, Register 146; am 2/18/99, Register 149; am 11/28/2019, Register 232

4 AAC 31.025 Site acquisition and selection {#sec-4-aac-31.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.025}

(a) Acquisition of an educational facility site must be approved by the Department of Education and Early Development (1) to be eligible for reimbursement under AS 14.11.100; or (2) if construction responsibility has been assumed under AS 14.11.020.

(b) If school construction, for which reimbursement will be sought under AS 14.11.100 occurs on a site which has not been approved under this section, the costs of land acquisition are not eligible for reimbursement. If the construction responsibility for a particular facility has been assumed by a school district under AS 14.11.020, no money may be spent for site acquisition or construction without site approval under this section.

(c) The purchase of a parcel of land identified as a potential school site must be investigated by the appropriate local governing body or the school district to determine its suitability in terms of educational plans, cost of acquisition, impact on cost of construction, size, accessibility, and other appropriate local criteria.

(d) This section applies to projects submitted for approval after December 2, 1983.

(e) For the purposes of this section, the value of land is the current fair market value, by appraisal, not to exceed the amount for land in a project agreement executed under 4 AAC 31.023.

(f) Sufficient interest in an approved school site by either long-term lease or deed must be established before advertising for construction bids.

History

Authority: AS 14.07.020; AS 14.11.020 AS 14.07.060; AS 14.11.100
Eff. 12/2/83, Register 88; am 4/17/98, Register 146; am 12/19/2002, Register 164

4 AAC 31.026 Requests for reconsideration and appeals {#sec-4-aac-31.026 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.026}

(a) By November 5 of each year the department will provide to each school district submitting a grant application notice of its proposed revised grant schedule that commences in the next fiscal year and of its priority ranking under 4 AAC 31.022(b) of all proposed projects for the first year of the six-year capital improvement plan. No later than December 1, with notice provided no later than November 15, the department will conduct a public hearing under AS 14.11.013(e) to receive oral and written comments on its priority ranking of proposed projects. A school district aggrieved by the priority ranking assigned to a project, its scope as approved by the department, the denial of a waiver of all or a portion of the required local contribution to the cost of the project or the project's budget shall file, no later than the public hearing, a written request for reconsideration that states

(1) its specific objections;

(2) a summary of the evidence that the department erred in its priority ranking of the project, the scope of the project allowed, the denial of a waiver of all or a portion of the required local contribution to the cost of the project, or the amount of the project budget approved; and

(3) the relief it requests, which may include a higher priority, a broader scope of project, a waiver of all or a portion of the required local contribution to the cost of the project, or a larger project budget.

(b) A request for reconsideration filed by an aggrieved school district under (a) of this section will be considered by the department, and a written decision will be issued not later than 15 working days after the last day of the public hearing conducted under (a) of this section. In reaching its decision, the department will consider

(1) the school district's updated capital improvement plan submitted under 4 AAC 31.011;

(2) the grant application, and supporting documentation submitted by the school district under 4 AAC 31.021(c);

(3) oral and written comments received at the public hearing conducted under (a) of this section; and

(4) the protest filed by the aggrieved school district.

(c) A school district dissatisfied by the department's reconsideration decision under (b) of this section regarding a project's priority ranking, scope of the project, a denial of a waiver of all or a portion of the required local contribution to the cost of the project, or its budget, may file an appeal with the commissioner within 15 calendar days after the receipt of that decision. The notice of appeal must state the factual and legal basis of the appeal and the specific relief sought. Any issue not raised by the notice of appeal is considered waived in the subsequent proceedings.

(d) Within 10 working days after the filing of an appeal under (c) of this section, the chief administrative law judge of the office of administrative hearings (AS 44.64.010) shall appoint a hearing officer to hear the case. The hearing officer shall consider the issues raised in the appeal on the basis of

(1) the school district's updated capital improvement plan submitted under 4 AAC 31.011;

(2) the grant application, and supporting documentation submitted by the school district under 4 AAC 31.020(c);

(3) the comments received at the public hearing conducted under (a) of this section;

(4) the decision rendered by the department on the request for reconsideration under (b) of this section; and

(5) the appeal filed by the school district under (c) of this section.

(e) Within five working days after appointment, the hearing officer shall determine whether the appeal raises issues of law or fact. If the hearing officer determines that the appeal does not raise an issue of law or fact, the hearing officer shall render a written decision that denies the appeal. This decision is a final decision under AS 14.11.015(b) and Alaska Rules of Appellate Procedure 601 - 611.

(f) If the hearing officer determines, under (e) of this section, that the appeal presents questions of law or fact, the hearing officer shall establish the date, time, and place of the hearing, which shall occur not more than 15 working days after appointment of the hearing officer, to supplement the record.

(g) The hearing shall be recorded and shall be conducted according to the following rules of evidence:

(1) oral evidence may be taken only on oath or affirmation;

(2) each party or party's counsel, but not both, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues even though those matters were not covered in the direct examination, impeach a witness regardless of which party first called the witness to testify, and rebut the evidence against the party;

(3) the hearing need not be conducted according to technical rules relating to evidence and witnesses; however, relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a court rule that makes improper the admission of the evidence over objection in a civil action; hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action; the rules of privilege are effective to the same extent that they are recognized in a civil action; irrelevant and unduly repetitious evidence may be excluded;

(4) the burden of proof is on the district; the burden of persuasion is by a preponderance of the evidence.

(h) The hearing officer shall determine whether the department had a reasonable basis for deciding as it did. Using "reasonable basis" as a standard of review, the hearing officer shall decide the issues in the appeal on the basis of the record specified in (d) of this section and the evidence taken at the hearing. The hearing officer shall prepare proposed findings of fact and conclusions of law. Within 60 calendar days after the filing of the school district's appeal under (c) of this section, the hearing officer shall deliver the proposed findings of fact, conclusions of law, and proposed decision to the state Board of Education, with copies to the aggrieved school district and the department. Either party may file a response to the proposed decision not later than five working days after receipt of the copy of the proposed decision.

(i) At its next regularly scheduled meeting after receipt of the proposed findings of fact and conclusions of law, the state Board of Education will, in its discretion, adopt all, part, or none of the recommended decision, or remand the issue back to the hearing officer for further hearing. The board's decision will be in writing. The decision is the final decision on the issues presented in the appeal under the provisions of AS 14.11.015 and Alaska Rules of Appellate Procedure 601 - 611.

(j) A school district may not

(1) challenge the award of points to another district's projects except to show application of an arbitrary standard of evaluation; and

(2) raise in any appeal filed under (c) of this section an issue not raised by the written request for reconsideration; and issue not raised is considered waived in the subsequent proceedings.

History

Authority: AS 14.11.013; AS 14.11.016 AS 14.11.015; AS 14.11.132
Eff. 8/31/90, Register 115; am 8/12/93, Register 127; am 4/17/98, Register 146; am 11/28/2019, Register 232

4 AAC 31.030 Review of school construction plans {#sec-4-aac-31.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.030}

(a) A school district shall submit a plan for a school capital project, including new construction, additions, demolitions, and rehabilitations, to be undertaken by the school district that is to be funded under AS 14.11.011 or for which reimbursement is to be sought under AS 14.11.100. The elements of the plan must be submitted to the commissioner for the commissioner's review and approval as the elements are developed and before any construction contract solicitation or construction activity is initiated.

(b) For purposes of this section, "plan" includes the following:

(1) educational specifications;

(2) site investigation report;

(3) schematic design documents;

(4) design development documents;

(5) final construction contract documents;

(6) estimated cost and proposed means of financing the project;

(7) proposed method of construction; and

(8) estimated completion date of the project.

(1) waive submission of those elements of a plan that are not applicable to the school district's proposed school project; and

(2) grant a variance to square footage allocations as permitted in 4 AAC 31.020 when fully supported by the plan.

History

Authority: AS 14.07.020; AS 14.11.011; AS 14.11.020 AS 14.07.060; AS 14.11.013; AS 14.11.100
Eff. 3/1/78, Register 65; am 12/2/83, Register 88; am 10/7/95, Register 136; am 4/17/98, Register 146; am 11/28/2019, Register 232

4 AAC 31.040 Approval of school construction plans {#sec-4-aac-31.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.040}

(a) Before commencing construction contract solicitation or construction activity under AS 14.11.011 or construction contract solicitation or construction activity for which reimbursement will be sought under AS 14.11.100, a school district or a regional school board shall secure the approval of the commissioner of the documents for the project as follows:

(1) the school district or regional school board shall submit to the commissioner 95 percent construction documents at least 20 work days before a bid invitation is made;

(2) if construction contract bids are to be invited for the project, the school district or regional school board shall submit the construction bid documents, excluding the construction plans and specifications if the 95 percent construction documents submitted under (1) of this subsection were stamped and signed by the professionals in responsible charge, to the commissioner at least five work days before the bid invitation is made;

(3) if the project will not be advertised for bids, the school district or regional school board shall submit the final stamped and signed construction documents to the commissioner no later than 15 work days before commencing each construction phase; and

(4) a municipality or a school district may request, in writing, a waiver to the construction document approval process set out in (1) - (3) of this subsection for a project based on the ability of the municipality or school district to provide a thorough and complete independent review.

(b) The commissioner's approval under this section is void after two years unless construction of the project has been initiated within that time.

History

Authority: AS 14.07.020; AS 14.11.011; AS 14.11.100 AS 14.07.060; AS 14.11.020
Eff. 3/1/78, Register 65; am 12/2/83, Register 88; am 4/17/98, Register 146; am 11/28/2019, Register 232

4 AAC 31.050 Portable and temporary facilities {#sec-4-aac-31.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.050}

(a) If a regional school board or a municipality that is a school district proposes to purchase or construct one or more portable facilities for which state aid under AS 14.11.011 or 14.11.100 will be sought, the regional school board or municipality must secure the approval of the commissioner before acquisition or construction of the portable facility.

(b) The commissioner may not approve portable facilities for state aid under AS 14.11.011 or 14.11.100 unless the department determines that

(1) the portable facilities are designed to meet construction standards as set out in this chapter;

(2) the design and construction of the portable facilities will allow for their cost-effective relocation; to determine cost-effective relocation, the department will consider the costs of disconnection and connection of facility systems and site infrastructure requirements as part of its review of costs; and

(3) the regional school board or municipality has complied with (a) of this section.

(c) Portable buildings that are of temporary construction and temporary buildings may not be counted in calculating the square footage allowable under 4 AAC 31.020.

History

Authority: AS 14.07.020; AS 14.11.011; AS 14.11.020 AS 14.07.060; AS 14.11.013; AS 14.11.100
Eff. 3/1/78, Register 65; am 12/2/83, Register 88; am 4/17/98, Register 146; am 2/18/99, Register 149

4 AAC 31.060 State financial assistance {#sec-4-aac-31.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.060}

(a) A municipality that is a school district, or a regional school board, submitting a capital improvement project request for construction to the department under AS 14.11.011 or 14.11.100 shall make the request on a form prescribed by the commissioner.

(b) In accepting state aid from the department, the municipality or school district receiving the grant or debt reimbursement shall comply with all pertinent state statutes, codes, standards, and regulations related to construction of a public facility. Further, the recipient shall comply with conditions, requirements, and stipulations in the forms prescribed by the commissioner for the capital improvement project agreement.

(c) A school facility for which state aid is sought under AS 14.11.011 or 14.11.100 may be built jointly with municipal and state offices, health clinics, community libraries, and other spaces if approved by the commissioner as to compatibility and separation of funds. The commissioner has final authority to determine the proration of space and cost in a jointly built project.

(d) For a school construction project approved for debt retirement under AS 14.11.100, a school district shall

(1) provide for each incomplete project, by October 15 of each year during its life until completion, completed annual project summary, on a form prescribed by the department, that details all activity on the project from its inception to the preceding June 30; and

(2) for a project completed after June 30, 1989, that costs more than $300,000, submit as part of its annual report under 4 AAC 06.120, a statement from its auditors that the annual project summaries are consistent with the annual report.

(e) A municipality or school district shall submit a request for an allocation for debt retirement under AS 14.11.100 on a form prescribed by the commissioner. The request for allocation must be received by the department not later than October 15 of the fiscal year preceding the fiscal year in which reimbursement will be sought. A request for allocation must contain at least the following:

(1) bond sale date or proposed bond sale date;

(2) bond redemption schedule;

(3) education facility portion of the bond;

(4) department's project approval number;

(5) debt payment schedule or estimated debt service schedule;

(6) certification as to accuracy of request for allocation by a bonded official of the municipality; and

(7) a completed annual project summary form prepared under the provisions of this section.

(f) State aid under AS 14.11.100 to eligible municipalities will be calculated on the basis of applications received by the deadline imposed by this section and, upon receipt of a notice of payment by the municipality from the bond holder or paying agent, state aid will be issued except for the amount attributable to projects for which

(1) the department has withdrawn its approval under 4 AAC 31.075;

(2) repealed 6/17/2010;

(3) the bond election occurs after June 30, 1988 and the ballot proposition does not include the estimated total cost of the project, including total interest; estimated annual operating and maintenance costs; the estimated amounts that will be paid by the state and the municipality on the bonds that finance the project; and the estimated amount due in annual taxes on $100,000 in assessed value to retire the debt.

(g) Only cash disbursements from locally generated revenues are eligible for reimbursement under AS 14.11.100.

(h) Unless a claim is supported by financial schedules or prior year audit reports identifying the original source of revenue, only disbursements from revenues generated in the year for which the claim is made are eligible for reimbursement.

(i) Reimbursement for rehabilitation costs under AS 14.11.100 is limited to projects exceeding $200,000.

(j) The department will approve the cost of planning, design, and construction of a facility for debt retirement under AS 14.11.100 if

(1) the department verifies that the enrollment of a district or attendance area within a district will reach the design capacity of existing school facilities within two years;

(2) the situation cannot be reasonably relieved by adjusting the boundaries of the service area and transporting the children to nearby schools; and

(3) it can be demonstrated by commonly accepted demographic techniques, logically applied, that the new facility will reach and sustain design capacity within five years after the anticipated occupancy date.

(k) A request for debt retirement under AS 14.11.100

(1) must contain

(A) documented evidence, acceptable to the department, supporting enrollment, projections that are based upon the average survival method or an equivalent methodology offering equal validity; and

(B) other demographic information prepared by the district, the municipality, the Department of Commerce, Community, and Economic Development, the Department of Transportation and Public Facilities, the Department of Labor and Workforce Development, the Department of Revenue, or other state or federal agencies that have prepared demographic information on the attendance area; and

(2) may include any additional information supporting the enrollment projection, including economic and social conditions affecting local growth patterns, school and preschool census, and business or industrial forecasts indicating increased population growth.

(l) Notwithstanding the provisions of (j) and (k) of this section, the cost of planning, design, and construction for a new facility, or the repair, rehabilitation, or remodeling of an existing facility will be approved for debt retirement under AS 14.11.100 if at least one of the following conditions exists, the means selected by the district to cure the condition is the most cost-effective method, and the department determines that the conditions, if unabated, might require that the facility cease being used to provide the educational program or in support of the educational program:

(1) a condition that is in violation of one or more of the nationally recognized building codes, fire codes, health or safety codes, or state or federal statutes or regulations, and the condition is verified by a means acceptable to the department; or

(2) a condition that, if unabated, presents an unreasonable risk to the structural integrity of the facility, or to an essential portion, significant purpose, or structural element of the facility.

(m) Nothing in AS 14.11.100(j)(4) exempts a school facility that proposes to construct new space, add space, or replace existing space from having to meet the eligibility requirements of 4 AAC 31.020(c).

(n) A district requesting financial assistance for a new school must demonstrate a minimum of 25 unhoused students in the attendance area during the five-year post-occupancy projection prepared under 4 AAC 31.010, unless the commissioner approves a smaller number in accordance with AS 14.11 and this chapter.

History

Authority: AS 14.07.020; AS 14.11.020; AS 14.11.132 AS 14.07.060; AS 14.11.100 AS 14.11.011; AS 14.11.102
Eff. 3/1/78, Register 65; am 2/24/83, Register 85; am 12/2/83, Register 88; am 9/12/85, Register 96; am 2/8/86, Register 97; am 5/30/90, Register 114; am 4/17/98, Register 146; am 7/13/2000, Register 155; am 6/17/2010, Register 194; am 11/28/2019, Register 232

4 AAC 31.061 Criteria for amounts allowed for debt retirement {#sec-4-aac-31.061 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.061}

(a) A facility will be approved for debt retirement under AS 14.11.100 if the project meets the requirements established in 4 AAC 31.060(j) - (l) and the requirements of this section.

(b) A facility to house and support the education program must meet the following criteria:

(1) the facility was planned in accordance with 4 AAC 31.020 and 4 AAC 31.030(c); and

(2) repealed 11/28/2019;

(3) base square foot allowable must be used for educational purposes for at least 75 percent of the scheduled school day.

(c) The department will, in its discretion, deny a request for debt retirement under AS 14.11.100 or limit its approval to the costs for that portion of a facility which complies with the provisions of this section.

(d) The costs of planning, design, or construction of an otherwise approved facility are not eligible for debt retirement if they are incurred for or arise out of

(1) costs of change orders, contract amendments, contractor's claims, or other modifications that enlarge the scope of a project, or that increase the total cost of the project budget above an amount that is the lesser of the amount approved by the voters at the bond election required under AS 14.11.100(j), the amount approved by the department, or the initial contract amount, except for unavoidable or unforeseeable circumstances that are not the result of imprudent management;

(2) the cost of repairing or replacing items that the department determines are not essential to operation of the physical plant or not normally scheduled for routine maintenance or replacement unless the repair or replacement extends the useful life of the building and the cost exceeds $100,000; or

(3) the payment of accrued interest to bond holders.

History

Authority: AS 14.07.020; AS 14.11.020; AS 14.11.102 AS 14.07.060; AS 14.11.100; AS 14.11.132
Eff. 9/12/85, Register 96; am 2/8/86, Register 97; am 5/30/90, Register 114; am 9/29/90, Register 115; am 10/7/95, Register 136; am 4/17/98, Register 146; am 11/28/2019, Register 232

4 AAC 31.062 Approvals, allocations, disallowance of costs, audits, and appeals {#sec-4-aac-31.062 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.062}

(a) A project approved for debt retirement under AS 14.11.100 is subject to review and approval for site selection and acquisition under 4 AAC 31.025, and the construction plans are subject to review and approval under the provisions of 4 AAC 31.030 and 4 AAC 31.040.

(b) A school district may, until October 15 of each year, submit to the department a request for an allocation of money for bond payments eligible for debt retirement under AS 14.11.100 for the following fiscal year, as provided in 4 AAC 31.060(e). Failure to submit a request for an allocation by October 15 will result in the denial of an allocation of money for an otherwise eligible facility regardless of whether allocations had been made for previous years. Reimbursement under AS 14.11.100 for cash payments will be based on an audited report submitted under 4 AAC 31.060(d) during the preceding fiscal year.

(c) The department will, in its discretion, deny or limit reimbursement for costs associated with a facility's construction if

(1) it fails to meet the requirements of 4 AAC 31.020 or 4 AAC 31.061; or

(2) the department has withdrawn its approval of the project under 4 AAC 31.075.

(d) The department will, in its discretion, at any time, require an audit of a project approved for the debt retirement under AS 14.11.100. The cost of any audit the department requires is an allowable cost of school construction.

(e) If the department denies or limits reimbursement of costs, the district may appeal the decision in accordance with the provisions of 4 AAC 40.020 - 4 AAC 40.050.

(f) If approval of a project is withdrawn under 4 AAC 31.075, the municipality shall provide an audit of the project to determine, by generally accepted accounting practices agreed upon by the department and the municipality, any entitlements of the municipality for costs of school construction, or the amount of reimbursements under AS 14.11.100 that exceed the costs of school construction and the which the state is entitled. An audit of a project under this subsection shall detail all costs incurred for school construction, the proceeds from debt incurred to finance the project, and interest earned on the proceeds of debt incurred to finance the project. This audit is separate from an audit that might be required under (d) of this section and its cost is an allowable cost of school construction.

History

Authority: AS 14.07.060; AS 14.11.100; AS 14.11.132
Eff. 9/25/85, Register 96; am 2/8/86, Register 97; am 5/30/90, Register 114

4 AAC 31.063 Use of interest earned on grant proceeds {#sec-4-aac-31.063 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.063}

Interest on proceeds of grant money appropriated for approved projects shall be held by the district to pay for project cost overruns, change orders, contract amendments, contractor's claims, or other modifications necessary because of unavoidable or unforeseeable circumstances that are not the result of imprudent management, as determined by the commissioner. If at the completion of the project, any money earned as interest remains, the district shall transfer that amount to a district capital account for school capital projects.

History

Authority: AS 14.07.060; AS 14.11.100; AS 14.11.132
Eff. 2/8/86, Register 97; am 7/11/86, Register 99; am 12/19/2002, Register 164; am 6/17/2010, Register 194

4 AAC 31.064 Redirection of bond proceeds {#sec-4-aac-31.064 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.064}

If a municipality has bond proceeds remaining after termination of all design, construction, and equipment contracts for a project approved by the department for debt retirement under 4 AAC 31.060 and by local voters under AS 14.11.100(j), and the municipality seeks to construct a project different from the one approved by the department, the municipality may only receive reimbursement for the project if the new project is approved by the department and

(1) the bond proposition originally approved by the local voters authorized the use of any excess money for school capital projects such as the new project; or

(2) the municipality meets the requirements of AS 14.11.100(j), including the requirement for a municipal election to approve the new use of the money.

History

Authority: AS 14.07.060; AS 14.11.100; AS 14.11.132
Eff. 5/30/90, Register 114; am 11/28/2019, Register 232

4 AAC 31.065 Selection of designers and construction managers {#sec-4-aac-31.065 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.065}

(a) If a school district determines that it is necessary to engage the services of a private consultant to provide design, commissioning, or construction management services for an educational facility with money provided under AS 14.11.011 - AS 14.11.020, or for a project approved for reimbursement of costs under AS 14.11.100, and the estimated cost of the contract is more than $50,000, the contract shall be awarded to the most qualified proposer after evaluating proposals submitted in response to an approved solicitation. The selection of the consultant shall be accomplished by soliciting written proposals by advertising at least 21 days before the proposals are due by providing notice through publication in a newspaper of general circulation. The department may approve an alternate means of notice through publication on the Internet if the website has the express purpose of advertising similar solicitations, has unrestricted public access, and is equally likely to reach prospective proposers.

(b) Nothing in this section precludes a school district from retaining the services of a consultant on an as-needed basis under a multi-year contract, if the term of the contract is not more than five years.

(c) The school district shall provide a procedure for administrative review of complaints by aggrieved offerors which allows them to appeal, within 10 days after the notice of intent to award, requesting a hearing with notice to interested parties, for a redetermination and final award in accordance with law.

(d) The department may deny or limit its participation in the costs of design, commissioning, or construction management for a project eligible for grant funding under AS 14.11.011 or for reimbursement under AS 14.11.100 if the school district does not comply with the requirements of this section.

History

Authority: AS 14.11.017; AS 14.11.020; AS 14.11.132
Eff. 12/2/83, Register 88; am 8/31/90, Register 115; am 11/28/2019, Register 232; add'l am 11/28/2019 Register 232

4 AAC 31.070 Reimbursement of restructured or refinanced indebtedness {#sec-4-aac-31.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.070}

(a) Except as provided in (b) of this section, reimbursement under AS 14.11.100 for payment of restructured or refinanced school construction indebtedness may not exceed the amount that would have been payable on the indebtedness in the year for which reimbursement is claimed had the indebtedness not been restructured or refinanced.

(b) Refunding bonds issued after June 30, 1987 and before January 1, 1989, may have an annual debt service exceeding the annual debt service of the refunded bonds, if the refunded bonds had more than five years remaining on their term and the term of the refunding bonds is not more than 20 years.

History

Authority: AS 14.07.020; AS 14.11.100; AS 14.11.132
Eff. 12/30/82, Register 85; am 5/30/90, Register 114

4 AAC 31.075 Withdrawal of project approval {#sec-4-aac-31.075 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.075}

(a) The approval granted under 4 AAC 31.060 that authorizes a project for debt retirement under AS 14.11.100 expires five years after the approval is given unless a local bond election that meets the requirements of AS 14.11.100(j) occurs during that period and authorizes the sale of bonds to finance the project.

(b) If, after the department approves the project for debt retirement and local voters approve the project in a bond election required by AS 14.11.100(j), no activity, as evidenced by annual project summaries that meet the requirements of 4 AAC 31.060(d), occurs during a fiscal year, the department will withdraw its approval of the project.

(c) If, during the life of the project, the voters of a municipality by referendum choose to cancel a project that had previously been approved by the department, and by the local electorate in an election meeting the requirements of AS 14.11.100(j), the department will withdraw its approval of the project, effective on the date of the referendum.

(d) The withdrawal of approval of a project under (a) or (b) of this section is effective only if the department first gives notice and allows the municipality not less than 30 days to give adequate assurances that the appropriate action will be taken to move the project toward completion. The department will determine whether the assurances are adequate and will, in its discretion, extend its approval in writing for a period of not less than 180 days to enable the school district to make progress on the project under the conditions the department considers appropriate. If the department determines that adequate assurances have not been given, it will withdraw its approval of the project. Nothing in this section requires or prescribes the withdrawal of project approval for a school facility constructed by phased stages. A school district dissatisfied with a determination made under this subsection may appeal the decision under 4 AAC 40.010 - 4 AAC 40.050.

(e) If the approval of a project is withdrawn under (b) or (c) of this section, and bonds eligible for debt retirement have been sold and debt retirement payments have been made, the department will direct the school district to prepare a project audit that meets the requirements of 4 AAC 31.062(f). The department will determine the amount of any additional money to which the school district is entitled or the amount of money that the state is entitled to recover from the municipality. A school district dissatisfied with the determination may appeal the determination under 4 AAC 40.010 - 4 AAC 40.050.

(f) When all eligible debt-retirement funds authorized under AS 14.11.100 have been allocated, all previous project approvals are automatically withdrawn. If additional funds become available, a school district shall reapply and its projects will be re-evaluated.

History

Authority: AS 14.07.020; AS 14.11.100 AS 14.07.060; AS 14.11.132
Eff. 5/30/90, Register 114; am 4/17/98, Register 146

4 AAC 31.080 Construction and acquisition of public school facilities {#sec-4-aac-31.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.080}

(a) A school district shall construct a public educational facility with money provided through a grant under AS 14.11.011 - AS 14.11.020 or shall construct a public educational facility that is eligible for reimbursement under AS 14.11.100 under a written contract awarded on the basis of competitive sealed bids. If the estimated construction cost is less than $100,000 or if it is in the best interests of the state, the school district may, with the approval of the commissioner, construct the educational facility itself using its own employees.

(b) The school district shall publish the first notice of its solicitation at least 21 days before the opening of the offers. The department may approve a solicitation period shorter than 21 days when written justification submitted by the school district demonstrates that a shorter solicitation period is advantageous for a particular project and will result in an adequate number of responses. A school district may provide additional notice by mailing its solicitation to contractors on any list it maintains, and any other means reasonably calculated to provide notice to prospective offerors. The district shall provide notice of its solicitation by publication at least three times in a newspaper of general circulation in the state. The department may approve an alternate means of notice through publication on the Internet if the website has the express purpose of advertising similar solicitations, has unrestricted public access, and is equally likely to reach prospective offerors.

(c) The school district shall provide for the administrative review of a complaint filed by an aggrieved offeror that allows the offeror to file a bid protest, within 10 days after notice is provided of intent to award the contract, requesting a hearing for a determination and award of the contract in accordance with the law. The school district shall provide notice to all interested parties of the filing of the bid protest.

(d) The award of a contract for the construction of an educational facility under this section must be made without regard to municipal ordinances or school board resolutions granting a preference to local offerors.

(e) The department may deny or limit its participation in the costs of construction for a project eligible for grant funding under AS 14.11.011 or for reimbursement under AS 14.11.100 if the school district does not comply with the requirements of this section.

(f) Nothing in this section precludes a school district from using an alternative construction delivery method as defined and described in the Project Delivery Method Handbook, 2nd Edition, September 2017, adopted by reference, if the department approves the method in advance of any solicitation, the proposed method is in the state's best interest, and the school district concurs in any directives the department makes concerning the type of selection and award of the contract. The department may deny or suspend use of an alternative construction delivery method by a school district if the department concludes, based on substantial evidence, that use or repeated use of a delivery method by the school district has resulted or will result in limited competition or higher costs.

(g) A school district may, with prior approval by the department, enter into a lease or purchase agreement for, or accept a donation of, an existing facility or land for use as an education-related facility if

(1) for the purchase, lease, or accepted donation of an existing facility, a cost saving over new construction is achieved;

(2) the purchase or lease price is arrived at through impartial negotiation and is supported by a real estate appraisal that meets accepted standards; and

(3) the purchase, lease, or donation is in the best interests of the state and the school district.

(h) Notwithstanding (a) of this section, a school district may use any competitive procurement methodology for its solicitation for a public educational facility that is practicable under the circumstances to procure construction services that are estimated not to exceed $100,000, inclusive of labor and materials. A school district may not artificially divide or fragment a procurement so as to constitute a purchase under this subsection or to circumvent the selection procedures otherwise required by this section.

(i) The department may deny or limit its participation in the costs of a school capital project if the real property for the project is acquired by a school district through purchase, lease, or donation without the approval of the department under (g) of this section.

(j) A school district shall perform commissioning of the systems included in a school capital project if the school capital project is an addition of over 5,000 square feet or new construction of an education-related facility that is over 5,000 square feet. If the school capital project is a rehabilitation of an education-related facility over 10,000 square feet, a school district shall perform commissioning of each system substantially upgraded in the school capital project. A school district may perform commissioning for a rehabilitation of an education-related facility for each system impacted by the project but not substantially upgraded in the rehabilitation. Commissioning required under this subsection must include the services of a commissioning agent. Commissioning permitted under this subsection for a system that is impacted by a rehabilitation project but not substantially upgraded in the rehabilitation may use the services of a commissioning agent or may use a qualified facility professional, including a school district employee. The cost of commissioning, including the cost of a commissioning agent, required or permitted under this subsection is an allowable cost of school construction.

History

Authority: AS 14.07.060; AS 14.11.020; AS 14.11.132
Eff. 12/2/83, Register 88; am 8/31/90, Register 115; am 4/17/98, Register 146; am 11/20/2005, Register 176; add'l am 11/28/2019, Register 232

4 AAC 31.081 Project approval for certain projects {#sec-4-aac-31.081 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.081}

(a) If a school construction project for which reimbursement of debt service costs under AS 14.11.100(a)(6) or (7) is requested meets the requirements of AS 14.11.100(a)(6) or (7) and of 4 AAC 31.060(j), (k), and ( l), the department will approve the project as eligible for reimbursement of principal and interest. Approval of eligibility is effective for one year. At the end of one year, the department will again review the project and will approve the project as eligible for reimbursement only if the project continues to meet the requirements of 4 AAC 31.060(j) - ( l).

(b) Under 4 AAC 31.082, the department will score each project and use the score to assign a priority ranking to the projects approved for eligibility under (a) of this section. A school district may request to use the original project's score for one additional year after initial approval if the project remains eligible under (a) of this section, but the use of the score under this subsection is limited to two years.

(c) If a school district elects to use the score as specified in (b) of this section, the district may not appeal the project's priority ranking in the second year.

History

Authority: AS 14.07.020; AS 14.11.100 AS 14.07.060; AS 14.11.132
Eff. 8/12/93, Register 127; am 4/17/98, Register 146

4 AAC 31.082 Project ranking and issuance of reimbursement authorization for certain projects {#sec-4-aac-31.082 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.082}

(a) The department will rank projects, approved under 4 AAC 31.081(a), within the applicable class in AS 14.11.100(n)(2).

(b) The department will use the following criteria to evaluate and rank projects approved under 4 AAC 31.081(a):

(1) the factors set out in AS 14.11.102(b)(1) - (6) and AS 14.11.014(a) and (b);

(2) whether existing facilities in the district are in violation of state or local laws;

(3) the percentage by which the number of unhoused students exceeds the design capacity of facilities in the attendance area;

(4) whether the project is necessary to provide for program requirements mandated by state or federal law.

(c) Within the limitations of AS 14.11.100(n), the department will issue a reimbursement authorization for each project ranked under (b) of this section. A reimbursement authorization issued under this subsection is conditioned on the provisions of (d) of this section.

(d) For a project for which the bond election was not held before 8/12/93, the reimbursement authorization issued under (c) of this section is void if

(1) the local bond election is not held within 180 days after, or at the first regularly scheduled municipal election after issuance of the reimbursement authorization, whichever is later; or

(2) the ballot proposal fails to pass at an election that is held within 180 days after issuance of the reimbursement authorization.

(e) If a reimbursement authorization for a project within a class in AS 14.11.100(n)(2) becomes void under (d) of this section, the department will review any projects ranked within that class under 4 AAC 31.082(a) for which a reimbursement authorization was not issued under (c) of this section. If one or more of those projects can be fully financed by the amount represented by the voided reimbursement authorization, the department will issue a reimbursement authorization for that project or projects. The provisions of (c) and (d) of this section apply to a reimbursement authorization issued under this subsection.

(f) In evaluating and ranking projects under (a) of this section, the department will not consider whether bonds for the project already have been sold or whether construction of the project already has begun or been completed.

History

Authority: AS 14.07.020; AS 14.11.100 AS 14.07.060; AS 14.11.132
Eff. 8/12/93, Register 127; am 4/17/98, Register 146; am 7/13/2000, Register 155

4 AAC 31.083 Determination of project amount eligible for reimbursement {#sec-4-aac-31.083 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.083}

The amount of the costs of school construction for a project eligible for reimbursement under AS 14.11.100(a)(6) or (7) is determined by including all costs, except for the interest on the bonds sold to finance the project, and deducting all money from grants made under AS 14.11 or AS 37.16.010 for the project and the amount of any local share determined under AS 14.11.008.

History

Authority: AS 14.07.020; AS 14.11.100 AS 14.07.060; AS 14.11.132
Eff. 8/12/93, Register 127

4 AAC 31.084 Appeals {#sec-4-aac-31.084 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.084}

A municipality aggrieved by a department decision under 4 AAC 31.081 - 4 AAC 31.083 may appeal the decision under 4 AAC 40.010 - 4 AAC 40.050.

History

Authority: AS 14.07.020; AS 14.11.100 AS 14.07.060; AS 14.11.132
Eff. 8/12/93, Register 127

4 AAC 31.085 Disposal of abandoned or obsolete property {#sec-4-aac-31.085 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.085}

(a) The department may dispose of state-owned school buildings and other facilities under this section if it determines that the buildings or facilities are no longer needed to provide the educational program in the community in which they are located. The determination will be made in writing after consultation with the regional educational attendance area (REAA) in which the property is located, and the reasons for the determination will be documented. The department will not make a determination under this section unless the regional school board that was given a use permit under 4 AAC 31.090 for the property provides, in support of the determination, a resolution requesting termination of the use permit and declaring that the property, both land and buildings, is no longer needed for the purpose of providing education services. In addition, the regional school board must give notice of its excess property on a form provided by the department, and must agree that the conditions and responsibilities contained under 4 AAC 31.090 in the use permit will remain valid for a one-year period after the date of the notice or the date of last occupancy, whichever is later, unless the department, in writing, relieves the regional school board of responsibility in whole or in part. Nothing in this section relieves a regional school board of its ongoing responsibilities or liabilities arising out of its interest in or use or operation of the property.

(b) If a facility is determined no longer needed for educational purposes under (a) of this section, the department will determine whether any other state agency needs the facility. If more than one state agency requests the facility, the department will determine, after consultation with the agencies involved and the governor's office, which agency has the greater need, and will assign the facility to that agency. If the department determines that use of the facility by another agency is consistent with the educational program conducted on the premises, the department will, in its discretion, allow that use under a revocable use permit. Otherwise, the department will convey the facility to the other agency, but will require its removal from land being used for educational purposes.

(c) If the department determines that another state agency does not have need for the facility, the department will advertise in a newspaper of general circulation that it intends to dispose of the facility under this section and will, in its discretion, solicit proposals for its use from municipalities and non-profit entities in the community, allowing at least 30 calendar days for proposals to be received.

(d) If a municipal government proposes a use for the facility, the department may convey the facility to the municipality without charge. Removal from state-owned land, of the facility conveyed under this subsection is required, unless the department determines that no state agency has use for the land upon which the facility is located and approves conveyance of the land to the municipality.

(e) If no municipal government requests conveyance of the facility, the department will determine whether sale under (f) of this section is likely to provide a qualified purchaser. If the department determines that a qualified purchaser is likely to exist, the department will attempt to sell the facility under (f). Otherwise, it may convey the facility without charge to a nonprofit entity under (g) of this section.

(f) If a qualified purchaser is likely to exist, the department will, in its discretion, dispose of the facility by sealed bids, advertised in a newspaper of general circulation not less than 30 days before bid opening, under such terms and conditions as are in the state's best interests. Removal, from state-owned land, of the facility conveyed under this subsection is required.

(g) If it is determined under (e) of this section that a sale under (f) of this section is unlikely to provide a qualified purchaser, or if sale is attempted under (f) of this section but no bids are received, the department may convey the facility to a non-profit entity that proposes a use for the facility, if the use serves a public purpose and the non-profit entity provides satisfactory assurances that the facility will be available to all members of the public without regard to race, religion, color, creed, or national origin. Removal, from state-owned land, of the facility conveyed under this subsection is required.

(h) If the department determines that disposal under other subsections of this section is not feasible, it may provide for the demolition or other removal of the facility from state land, and restoration of the site to a safe condition.

(i) If removal of a facility disposed under (g) of this subsection is not feasible, the commissioner may determine that it is in the best interest of the state to approve the granting of a long-term lease with the non-profit entity that has been approved for use of the facility.

History

Authority: AS 14.07.030; AS 14.07.060
Eff. 10/4/90, Register 115; am 4/17/98, Register 146; am 12/19/2002, Register 164; am 6/17/2010, Register 194; am 11/28/2019, Register 232

4 AAC 31.087 Terms and conditions of office for members of bond reimbursement and grant review committee {#sec-4-aac-31.087 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.087}

(a) A person seeking appointment under AS 14.11.014(a)(1) - (3) to the committee may submit a resume and letter of interest to the commissioner.

(b) A term of office under AS 14.11.014(a)(1) - (3) for a member of the committee begins on March 1 and expires on the last day of February.

(1) shall serve overlapping four-year terms commencing on March 1 following the date of the member's appointment; and

(2) may serve not more than two consecutive terms.

(d) The commissioner's designee and the six committee members selected by commissioner under AS 14.11.014(a)(1) - (3) serve at the pleasure of the commissioner notwithstanding a committee member's term of office under (c) of this section.

(e) A vacancy on the committee occurring during a term of office is filled in the same manner as the original appointment and is filled for the balance of the unexpired term.

(f) Five members of the committee constitute a quorum for the transaction of business. The vote of a majority of the members present at a meeting of the committee at which a quorum is present is necessary for any action taken by the committee.

(g) A committee member serving under AS 14.11.014(a)(1) - (3) on September 20, 2015 may be appointed to a term of office established under this section. A committee appointment under AS 14.11.014(a)(1) - (3) in effect on September 20, 2015 continues until the last day of the following February. A term of office established under this section takes effect on March 1 following September 20, 2015. Members of the committee initially appointed under this section and AS 14.11.014(a)(1) - (3) will be appointed for the following terms:

(1) the longer-serving member in each category under AS 14.11.014(a)(1), (2), and (3) will be appointed for a three-year initial term;

(2) the other three members will be appointed for a one-year initial term.

(h) In this section, "committee" means the bond reimbursement and grant review committee established under AS 14.11.014.

History

Authority: AS 14.07.020; AS 14.11.014 AS 14.07.060; AS 14.11.132
Eff. 9/20/2015, Register 215

4 AAC 31.090 Regional school board use permits {#sec-4-aac-31.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.090}

(a) The department will issue a use permit to a regional school board that uses, occupies, or requests permission to use or occupy state owned or leased property for a public school, subject to the provisions of this section.

(b) A use permit provides the regional school board with full use and control of the property, subject to

(1) applicable law and other legal standards; and

(2) any restrictions of the underlying state interest in the land.

(1) use the property primarily for public elementary and secondary education purposes; the regional school board may also use the property for other community uses that are not inconsistent with the law and other legal standards and the purpose of the use permit;

(2) upon request, provide to the department access to all records regarding the property and the regional school board's use of the property;

(3) use the property subject to federal and state law and other legal standards regarding ingress, egress, security, and non-school use;

(4) maintain the property in good repair and operating condition, including implementing maintenance and preventive maintenance programs; to the extent provided by law, financing for capital improvement projects remains the responsibility of the state;

(5) permit the department to enter upon and inspect, on the department's behalf, the property at all reasonable times; the duty to inspect and maintain the property remains with the regional school board;

(6) pay all expenses for utilities and other services furnished to the property;

(7) purchase and maintain the following insurance for the property:

(A) workers' compensation coverage as required under AS 23.30;

(B) property loss insurance required under 4 AAC 31.200 - 4 AAC 31.205; the insurance must include the state as an additional insured;

(C) comprehensive general liability insurance in an amount not less than $1,000,000 combined single limit to cover all claims for damages from the regional school board's use and occupation of the property, including any contemplated provision of excess utility under (e) of this section; the insurance must include the state as an additional insured;

(8) comply with 40 C.F.R. 112.3(a) (revised as of January 1, 1996), including preparing and implementing the plan required thereunder; if the property contains a facility that meets a criterion described in 40 C.F.R. 112.20(f)(1) (revised as of January 1, 1996), the regional school board shall comply with 40 C.F.R. 112.21 (revised as of January 1, 1996), including preparing and implementing the plan required thereunder;

(9) indemnify, hold harmless, and defend the state and its officers, employees, and agents from any claim, suit, judgment, or other cost, including attorney's fees and court costs, arising out of the use of occupation of the property including the ownership or use of a hazardous substance on or in connection with the property;

(10) promptly notify the department, in writing and by other means as appropriate, of any significant damage to the property, including damage caused by a hazardous substance; this notice is in addition to other notice requirements imposed by law;

(11) promptly notify the department in writing of any claim, suit, or judgment filed against the regional school board arising out of the regional school board's use or occupation of the property; this notice is in addition to other notice requirements imposed by law;

(12) comply with all applicable federal and state civil rights laws;

(13) refrain from performing any of the following actions without the prior written consent of the department:

(A) assign or transfer a part of the use permit;

(B) transfer possession of, remove, abandon, or dispose of any portion of the property, except as necessary to maintain the property;

(D) install or permit to be installed any structure or infrastructure development; and

(14) deliver possession of the property, including improvements, to the department upon termination of the use permit in the same condition that the property was delivered to the regional school board, except for reasonable wear and tear.

(d) The department shall take all reasonable steps to ensure compliance with this section, including withholding state funds from an REAA under AS 14.07.070 or deducting from an REAA's state aid an amount equal to the amount spent by the department to ensure that the REAA complies with this section. Before taking action under this subsection, the department shall provide the regional school board with 30 days prior written notice so that the regional school board may comply with this section.

(e) A regional school board may provide an excess utility produced by the property, such as electricity, to a third party so long as in so doing the regional school board does not become a public utility subject to regulation under AS 42.05. The regional school board shall collect from the third party an amount sufficient to meet the regional school board's increased expenses for providing the utility. An agreement to provide an excess utility under this subsection must include a provision that terminates the agreement if the use permit for the property is terminated.

(f) The department may modify or terminate a use permit upon

(1) mutual written agreement by the department and the regional school board;

(2) a change in law that prevents either the department or the regional school board from remaining party to the use permit;

(3) a change in the organizational status of the regional school board or the attendance area served by the property that affects the governance of the regional school board or the attendance area, such as would occur if part of the REAA became part of a first class city or borough; or

(4) a determination by the department that reasonable cause exists to modify or terminate the use permit; reasonable cause includes

(A) the regional school board not using the property in the best interests of the residents of the REAA;

(B) the regional school board not using the property primarily for public elementary and secondary purposes;

(D) a change in land ownership status that does not provide sufficient interest or title to support continuation of the use permit;

(E) an imminent and substantial endangerment to the public health, safety, or the environment; and

(F) a request by the regional school board to receive title to the property under AS 14.08.151(b).

(g) If the department intends to modify or terminate a use permit, the department will send a written notice of its intention to the regional school board. The notice must specify the reasonable cause for the proposed modification or termination.

(h) A decision by the department to modify or terminate a use permit does not relieve the regional school board of its responsibilities or liabilities arising out of its use or operation of the property during the period before the modification or termination of the use permit, including the responsibility to defend, indemnify, and hold harmless certain parties under (c)(9) of this section.

(i) Upon issuance of a use permit under this section, the commissioner shall take all steps necessary to terminate a use permit issued to a regional school board before the effective date of this section. The commissioner's actions must be consistent with the terms of the use permit and all applicable law.

(j) As used in this section

(1) "commissioner" means the commissioner of education and early development or the commissioner's designee;

(2) "department" means the Department of Education and Early Development;

(3) "hazardous substance" has the meaning given the term in AS 46.03.826;

(4) "property" means

(A) land and facilities named or described in the use permit;

(B) land and facilities owned or leased by the state and used or occupied by an REAA; and

(C) if not described with specificity, state owned or leased land and facilities surrounding or adjacent to an REAA school facility that would reasonably be expected to be identified as supporting the school facility, including playground space and storage space;

(5) "REAA" means a regional educational attendance area established under AS 14.08.031;

(6) "regional school board" means a regional school board described in AS 14.08.041;

(7) "use permit" means a use permit given to a regional school board under this section.

History

Authority: AS 14.07.020; AS 14.07.070 AS 14.07.060; AS 14.08.151
Eff. 5/21/97, Register 142; am 4/17/98, Register 146; am 12/19/2002, Register 164

Article 2 Loss Protection

4 AAC 31.200 Loss protection required {#sec-4-aac-31.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.200}

(a) By July 1, 1997, a district shall comply with AS 14.03.150 by maintaining all risk property insurance coverage for the replacement cost of all school facilities and equipment. A district shall carry flood coverage for school facilities and equipment in a flood plain or flood-prone area. The coverage shall include necessary code upgrade costs and additional extra expenses incurred by a district carrying on routine operations during a period of repair or replacement of the school facility and equipment.

(b) A district shall carry insurance that provides for the full replacement cost of all school facilities damaged or destroyed, and may be written on a loss limit basis, limited to the maximum probable loss per occurrence of any school facility clusters. Equipment shall be insured for its full replacement cost, but a school district may insure equipment for its depreciated value or actual cash value if the equipment is more than 10 years old. Any loss not within the mandatory insurance requirements of this section shall be borne by the district.

(c) In addition to the requirements of (a) and (b) of this section, an insurance policy purchased by a regional educational attendance area for any school facility or equipment owned by the state shall include

(1) the state as an additional insured;

(2) earthquake coverage; and

(3) flood coverage, regardless of whether the school facilities or equipment are in a flood plain or flood-prone area.

(d) In this section,

(1) "code upgrade" means upgrades required by applicable building and fire codes or other law for the occupancy of the school facility;

(2) "flood plain" or "flood-prone area" has the meaning given in 44 C.F.R. 59.1 (Oct. 1, 1996);

(3) "replacement cost" includes all costs associated with replacement of the facility including construction management, design, equipment, technology district overhead, and art costs under AS 35.27 necessary to insure that the facility is fully operational at no additional cost to the district.

(e) If a school facility operated by a regional educational attendance area and owned by the state is damaged or destroyed, the district shall include the department in all insurance negotiations.

History

Authority: AS 14.03.150; AS 14.07.060
Eff. 8/31/90, Register 115; am 6/11/97, Register 142; am 6/17/2010, Register 194

4 AAC 31.205 Self-insurance programs {#sec-4-aac-31.205 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.205}

An authorized self-insurance program is one that the department annually determines adequately protects the public's investment in a school district's facilities. In rendering its determination, the department will consider annually at least the following factors for each school district applying for approval of a self-insurance program:

(1) cash reserves and dedicated funding;

(2) loss history;

(3) individual loss retention;

(4) excess property coverage;

(5) age and condition of facilities;

(6) the current undepreciated replacement cost of the facilities; and

(7) risk management or loss prevention programs conducted by the municipality or school district.

History

Authority: AS 14.03.150; AS 14.07.060
Eff. 8/31/90, Register 115; am 4/17/98, Register 146

4 AAC 31.210 Deductible amounts {#sec-4-aac-31.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.210}

A school district will not be reimbursed under AS 14.11.011 - AS 14.11.020 or under AS 14.11.100 for any deductible amounts paid for damage to or destruction of a school facility.

History

Authority: AS 14.03.150; AS 14.11.005 AS 14.07.060; AS 14.11.132
Eff. 8/31/90, Register 115; am 4/17/98, Register 146

4 AAC 31.215 Proceeds {#sec-4-aac-31.215 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.215}

(a) In the event of damage to or destruction of a school facility owned by a municipality, or a regional educational attendance area that holds title to its facilities under AS 14.08.151, the insurance proceeds shall be used to repair or replace the facility. If the facility is not repaired or replaced, and a grant application is not pending under (c) of this section for a similar facility in the approximate attendance area, the school district may use the insurance proceeds, as it deems appropriate, to pay for other proposed district projects that have been ranked, by the department, in the categories in 4 AAC 31.022(b)(1) or (b)(2).

(b) In the event of damage to or destruction of a school facility operated by a regional educational attendance area and owned by the state, the insurance proceeds shall be used to repair or replace the facility, but only with the department's prior approval. If the facility is not repaired or replaced, the proceeds shall be paid to the state.

(c) If a grant under AS 14.11 is sought to repair or replace a facility, the project amount will be reduced by the amount of insurance proceeds received by the district, and, as provided in 4 AAC 31.210, by the amount of the deductible paid.

History

Authority: AS 14.03.150; AS 14.11.011 AS 14.07.060; AS 14.11.132
Eff. 8/31/90, Register 115; am 4/17/98, Register 146; am 7/13/2000, Register 155; am 6/17/2010, Register 194

4 AAC 31.220 Proof of insurance {#sec-4-aac-31.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.220}

Except for a district that has an authorized self-insurance program under 4 AAC 31.205, each school district shall provide to the department a certificate of insurance, by July 15 of each year, that provides notice of the per occurrence and aggregate limits of coverage, and shall provide for 45 days' notice to the department of cancellation, termination, or any material change in policy conditions.

History

Authority: AS 14.03.150; AS 14.07.060
Eff. 8/31/90, Register 115; am 11/28/2019, Register 232

4 AAC 31.225 Failure to procure insurance {#sec-4-aac-31.225 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.225}

(a) If, within 30 days after the department provides notice under AS 14.03.150(b), a school district fails to maintain adequate insurance or a program of self-insurance required by 4 AAC 31.200, the department will procure insurance through the division of risk management in the Department of Administration, and the state's property insurance broker, from an insurance company authorized to do business in Alaska. The insurance will meet the requirements of 4 AAC 31.200(b), with deductible amounts of not less than $10,000 nor more than $100,000.

(b) If the department purchases a policy of insurance for the benefit of a school district, it will deduct from the entitlement of the school district under AS 14.17.021 the amount of the premiums and any commissions or charges from the state's insurance broker.

History

Authority: AS 14.03.150; AS 14.07.060
Eff. 8/31/90, Register 115

Article 3 General Provisions

4 AAC 31.900 Definitions {#sec-4-aac-31.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 31.900}

As used in this chapter and in AS 14.07, AS 14.08, and AS 14.11, unless the context requires otherwise,

(1) "addition" means new space for expanded educational programs or new programs or space that replace substandard or destroyed space, by connection to an existing school facility; the term includes capital equipment;

(2) "capital equipment" means built-in and movable equipment used to furnish a newly constructed or rehabilitated space; it includes first-time purchase of library books, reference material, and media to furnish a new or renovated library; it does not include supply items such as textbooks and expendable commodities; the term is further defined in the Guidelines for School Equipment Purchases, 2021 edition, adopted by reference in 4 AAC 31.020;

(3) "commissioner" means the commissioner of the Department of Education and Early Development;

(4) "elementary and secondary schools" means buildings that have been built or converted predominantly for instruction of students in grades kindergarten through 12, and buildings for the support of that instruction; for purposes of this paragraph,

(A) elementary students are those in grades kindergarten - six;

(B) secondary students are those in grades 7 - 12;

(5) "locally generated revenues" means all revenue of the municipality excluding state and federal money provided to the municipality except money provided under AS 14.11.100 and AS 43.50.140;

(6) "new school construction" means space for educational programs which have not been previously offered, space that replaces a substandard or destroyed school building, or space for an expanded enrollment in the facility, by construction or reconstruction of a detached school facility of any size, with related capital equipment;

(7) "rehabilitation" means adapting an existing facility to improve the opportunity to provide a contemporary educational program; and includes major remodeling, repair, renovation, and modernization with related capital equipment;

(8) repealed 12/2/83;

(9) "education related facility" means any capital project designed to provide support services for students and for staff, but does not include employee or student housing;

(10) "facility" means, for the purpose of state aid under AS 14.11.011 or 14.11.100, the buildings and grounds needed to

(A) house and support the educational program; or

(B) provide a centralized support service which is required to effect an efficient and cost effective operation of the district's education program;

(11) "preventive maintenance program" means the annual activities to be conducted throughout a school district under AS 14.14.090(10);

(12) "maintenance" means an activity conducted on a routine basis to a facility, or a component of a facility, to ensure that the facility remains in operation, and includes the replacement of components with a short physical life and repairing normal wear and tear to the facility;

(13) "service area" means a geographic area within a school district which is locally established to determine which elementary or secondary school within the school district a student is to attend;

(14) "applicable legal standards" or "legal standards" means statutes, codes, or regulations enacted or adopted by competent legal authority;

(15) "accrued interest" means interest for the period between the date of issue of a bond and settlement;

(16) "average daily membership" or "ADM" has the meaning given in AS 14.17.250;

(17) "base square feet allowable" means space that is needed to provide for standard instructional programs and any support spaces ancillary to those programs, including building operations;

(18) "space" means the gross square feet of the floors of a building;

(19) "supplemental square feet allowable" means space that is provided to address the varying levels of efficiency, on a per student basis, of accommodating static space requirements, including those needed to meet applicable state and municipal building codes and applicable building operations standards;

(20) repealed 7/13/2000;

(21) "school capital project" means a school construction or major maintenance project for which state aid is requested or provided when the costs of the construction or major maintenance exceed $50,000;

(22) "temporary" as applied to facilities means facilities, typically providing classroom or administrative space, of temporary construction, intended for use for a limited period of time, and installed with minimal site support and without water or sewer services or a foundation of permanent construction;

(23) "combined elementary and secondary school" means a school that serves students in all elementary and secondary grades, including kindergarten, offered in a community;

(24) "mixed grade school" means a school, including a middle school, that serves some, but not all, elementary and secondary grades offered in a community;

(25) "attendance area" means an attendance area established under 4 AAC 31.016;

(26) "feeder school" means a school that does not serve students through grade 12 and that feeds students to another school serving grades higher than those served by the feeder school;

(27) "geographically separated" means

(A) lacking year-round, publicly-maintained road access to other district schools; or

(B) separated by more than 20 road miles from the closest other school in the district;

(28) "high school" means a school serving grades 9-12;

(29) "long-term lease" means a lease with a term

(A) of at least 50 years; or

(B) that can be extended to at least 50 years, by the lessee's exercise of a written right to renew the lease;

(30) "core areas" means

(A) those spaces identified in the planning guides described in 4 AAC 31.020(a) and listed as "activity or specialized subject areas"; and

(B) supplementary spaces identified in the application made under 4 AAC 31.020(a).

(31) "commissioning" means functional testing activities for a mechanical, electrical, fuel oil, controls, or building envelope system to ensure that a facility or a system operates as the owner and designers intended and that prepares an owner to efficiently operate its systems and equipment;

(32) "commissioning agent" means an individual who is certified with a recognized standards organization approved by the department to provide commissioning services, who may be an employee of the school district or an independent design consultant hired on behalf of the school district to

(A) create a commissioning plan, checklists, and functional performance tests for each commissioned system;

(B) coordinate the commissioning team for the mechanical, electrical, fuel oil, controls, and building envelope systems;

(C) coordinate the work of the construction contractor, school district, and design team as it pertains to the commissioning process;

(D) witness the functional performance testing;

(E) assist in resolution of issues found during commissioning; and

(F) verify the training of owner maintenance personnel on commissioned systems.

(33) "construction manager" means a private consultant contracted by the school district during any phase of a school capital project to manage the project's scope, quality, and budget.

History

Authority: AS 14.07.020; AS 14.11.020; AS 14.11.132 AS 14.07.060; AS 14.11.100 AS 14.11.011; AS 14.11.102
Eff. 3/1/78, Register 65; am 6/9/83, Register 86; am 12/2/83, Register 88; am 9/12/85, Register 96; am 8/31/90, Register 115; am 9/29/90, Register 115; am 10/7/95, Register 136; am 4/17/98, Register 146; am 2/18/99, Register 149; am 7/13/2000, Register 155; am 8/23/2001, Register 159; am 12/19/2002, Register 164; am 12/20/2002, Register 164; am 6/17/2010, Register 194; am 11/28/2019, Register 232; add'l am 11/28/2019, Register 232; am 9/25/2022, Register 243

Eff. 3/12/76, Register 57; am 4/19/81, Register 78; am 11/27/86, Register 100; repealed 6/2/2004, Register 170

Chapter 33 Special Programs

Article 1 Special Schools

4 AAC 33.010 Citizenship night schools {#sec-4-aac-33.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.010}

Repealed 6/10/83.

4 AAC 33.020 Education of exceptional children {#sec-4-aac-33.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.020}

(a) - (f)Repealed 12/4/76.

(g) Repealed 9/22/84.

4 AAC 33.025 Adult basic education grants {#sec-4-aac-33.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.025}

Relocated.

History

Eff. 10/1/92, Register 123

4 AAC 33.030 Enrollment in state centralized correspondence study programs {#sec-4-aac-33.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.030}

Repealed.

4 AAC 33.040 Federally funded programs {#sec-4-aac-33.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.040}

Repealed 5/10/78.

4 AAC 33.050 School lunch services {#sec-4-aac-33.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.050}

Repealed 5/10/78.

4 AAC 33.060 Providence Heights School {#sec-4-aac-33.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.060}

(a) The educational program at the Alaska Psychiatric Institute, Providence Heights School, may be funded by the department and may be operated by the Anchorage School District under an agreement with the department.

(b) Funding to carry out an agreement under (a) of this section must be based upon an annual plan of service submitted by the district and approved by the department.

History

Authority: AS 14.07.030(1)AS 14.07.060
Eff. 2/24/88, Register 105

4 AAC 33.070 Alaska school for the deaf {#sec-4-aac-33.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.070}

(a) The Department shall operate a centralized program for the deaf available to deaf students in the state. The program shall provide residential services as part of its educational program. The program may be operated by a school district under an agreement with the department, based on an annual plan of service approved by the department.

(b) If a school district operates the centralized program for the deaf under (a) of this section, that school district shall perform all duties of a local school district related to special education under state and federal law, except that the district is not required to offer transportation to students who do not reside in the district.

(c) If a school district determines that placement at the centralized program for the deaf under (a) of this section is appropriate for a child who resides in the district, the district that makes the placement retains the district's responsibilities for special education for that child under state and federal law.

(d) Funding for the students who attend the centralized program for the deaf operated by a school district under (a) of this section will be provided to the district that operates the program.

History

Authority: AS 14.07.030; AS 14.07.060
Eff. 2/24/88, Register 105; am 12/5/2009, Register 192

4 AAC 33.080 Admission to Mount Edgecumbe High School {#sec-4-aac-33.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.080}

(a) The superintendent of Mount Edgecumbe High School shall appoint an admissions committee of at least three persons to make recommendations for students to be admitted to the school.

(b) A student residing in any school district in the state may submit to the admissions committee an application for admission to Mount Edgecumbe High School, on forms prescribed by the department, at the following address: Mount Edgecumbe High School, Admissions Committee, Alaska Department of Education and Early Development, 1330 Seward Avenue, Sitka, Alaska 99835.

(c) An application under (b) of this section must include statements by the student and the student's parent or guardian explaining why admission is sought and why the student should be accepted, a copy of the student's school records, including attendance records, transcripts, and achievement test results, at least two recommendations from teachers or other adults who are not members of the student's family and who know the student well, and such other information as the admissions committee requests.

(d) The number of available openings at each grade level shall be established by the superintendent in advance of each semester, based upon the school's capacity, the number of returning students, and other relevant factors.

(e) The admissions committee shall recommend students for the available openings from among the applicants, and the superintendent shall make the final admissions decisions, based upon consideration of the following factors:

(1) the availability of a high school program in the student's home community adequate to meet the academic and social needs of the student;

(2) the degree to which the student is expected to benefit from the academic and social program at Mount Edgecumbe High School;

(3) the degree to which the student will bring background experiences, skills, and abilities that will enhance the diversity or academic potential of the student body;

(4) any particular school, family, or social situations that make the structured, residential setting of Mount Edgecumbe High School especially advisable for the student.

(f) Preference shall be given to students whose educational, emotional, or family requirements warrant attendance in a domiciliary environment.

(g) The admissions committee and superintendent may not discriminate in favor of or against any resident based on race, sex, creed, national origin, or location or type of residence in the state.

(h) Admissions at mid-semester may be made only upon consideration of the effects of transfer on the continuity of the student's education and on the Mount Edgecumbe High School program.

(i) Once admitted, a student may continue to attend Mount Edgecumbe High School from semester to semester until the student graduates, so long as the student remains in good standing under school rules governing academic and social performance.

History

Authority: AS 14.07.020; AS 14.07.060 AS 14.07.030(1)AS 14.16.030
Eff. 8/25/89, Register 111

4 AAC 33.090 District-operated statewide and district-wide residential schools {#sec-4-aac-33.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.090}

(a) A district must obtain approval from the department before operating a statewide or district-wide residential school. A district may apply to establish and operate a new school only during a period of open applications established by the department under (c) of this section. Applications must include

(1) designation of the facilities that will house the residential school, including any proposal to build or renovate a facility, and the revenue sources that will support the construction or renovation;

(2) a five-year budget for the operation of the residential component of the school; the budget must specify the revenue sources that will support the proposed budget, including a provision for charging student tuition;

(3) a tuition waiver policy for families that can demonstrate financial hardship, including a definition of "hardship";

(4) an enrollment and selection policy for students applying to attend the residential school;

(5) a list of course offerings;

(6) a plan to assist students in crisis; and

(7) a staffing plan for the school.

(b) The department may require that a district supplement its application with additional information. The department may require a district to change its policies or proposed practices before approving an application. A district must operate the residential school in conformance with its approved application. A district that wishes to change any of the requirements of an approved application must submit a revised application. In determining whether to grant or deny an application, the department will consider

(1) whether the community in which the school is located has sufficient infrastructure to support the residential school;

(2) demand, current capacity, and regional needs for residential schools;

(3) the cost to provide a residential school in the applying district;

(4) the district's ability to offer a high-quality academic program to students;

(5) the health and welfare of students housed in the residential school, including the ability of the district to offer a high-quality residential school;

(6) for a revised application, whether the school has complied with the policies and practices that the district identified in its current application; and

(7) the public interest.

(c) The department will open a period of application annually on May 1. The application period will close on June 30. The department may require that applications be targeted to provide a particular program to meet specific needs of students in the state. A period of open application and solicitation does not imply that the department will approve the establishment of any new schools.

(d) This section does not prevent a governing body from establishing an in-district residential school that is not eligible for state support for the operation of the residential aspects of the school.

(e) A district that operates an approved statewide or district-wide residential school shall submit an annual report to the department. The report must include the

(1) number of applications received by the school;

(2) number of students accepted into the school;

(3) students' communities and districts of residence at the time of application for enrollment;

(4) students' academic achievement results;

(5) date of, reason for, and number of withdrawals from the school during the school year;

(6) number of expulsions from the school during the school year;

(7) number of students receiving a tuition waiver; and

(8) other information requested by the department with respect to the school.

(f) On December 1 of each school year, a district that operates an approved statewide or district-wide residential school shall submit to the department an application, on a form provided by the department, for payment of a stipend under AS 14.16.200(b)(2). The district is eligible for payment of the lesser of actual cost to house the student or the amount allowed in AS 14.16.200(b)(2) for each residential student who is housed by the district on the last day of the student count period under AS 14.17.600, and whose parents or guardians do not reside in the community in which the school is located. If appropriations are insufficient for the residential component of approved statewide or district-wide residential schools, the department will reduce each district's entitlement by a pro rata amount as determined by the department.

(g) The department may withdraw its approval for a district to operate a statewide or district-wide residential school if the department determines that continued operation of the school is not in the public interest. In making this determination, the department will consider

(1) the health and safety of the students in the residential school;

(2) whether students at the school have demonstrated sufficient academic achievement; in making this determination, the department will consider all evidence of student academic achievement and improvement, including evidence of

(A) students' scores and improvement of students' scores on statewide student assessments under 4 AAC 06.710; and

(B) the program's record of demonstrating progress in accordance with 4 AAC 06.800 - 4 AAC 06.899 (school and district accountability) and the reasons for its success or failure to demonstrate progress;

(3) the demand for the school;

(4) the cost of operating the school;

(5) whether the school has complied with the policies and practices that the district identified in its application; and

(6) the existence of alternative methods of meeting the needs of students.

(h) A district may apply during a period of open application under (c) of this section for approval to operate a variable-term statewide or district-wide residential school that will house students for the entire school calendar. The minimum term for each student must be at least two weeks. A variable-term school is eligible for reimbursement for a monthly stipend for up to nine months of the school year under (f) of this section for the number of students that it housed on the last day of the student count period under AS 14.17.600 if the district will continue to house at least the same number of students throughout the entire school term. Upon the written request of a school district, the commissioner may permit a district to report the number of students it housed on a date other than the last day of the student count period if the date is within the count period set out in AS 14.17.600 and the date more accurately reflects the numbers of students the district will house throughout the school term. A variable-term school is eligible for a one-time air fare reimbursement under AS 14.16.200(b)(1) for the number of students housed by the school on the last day of the student count period, based on the average cost of round-trip air fare for all statewide or district-wide residential schools. A district may not include students housed by a variable-term school in the school's student count submitted to the department for foundation funding under AS 14.17; a student being housed by a variable-term school during the student count period may be included in the count of the student's district of residence. In this subsection, "variable-term statewide or district-wide residential school" means a statewide or district-wide residential school that rotates students in and out of the school during the school year for the entire school term as defined under AS 14.03.030.

History

Authority: AS 14.07.020; AS 14.07.165; AS 14.16.200 AS 14.07.060; AS 14.16.100
Eff. 10/22/2006, Register 180; am 6/8/2013, Register 206; am 10/16/2013, Register 208; am 2/21/2014, Register 209; am 3/6/2015, Register 213

4 AAC 33.100 Operation of special programs {#sec-4-aac-33.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.100}

(a) The State Board of Education and Early Development serves as the governing body of schools and other educational programs operated by the department. The state board may appoint advisory boards to give advice on the governance of those schools. At least 90 days before an expected vacancy on the program advisory board, the superintendent or director of each educational program operated by the department shall submit to the commissioner a nominee to fill the vacancy on a form provided by the department.

(b) The State Board of Education will adopt policies relating to school management and control, and student admission and discipline, during regular school board meetings in the manner required by AS 44.62.310.

History

Authority: AS 14.07.030; AS 14.07.060; AS 44.27.020
Eff. 8/30/86, Register 99; am 8/24/2002, Register 163

4 AAC 33.110 Charter school application and review procedure {#sec-4-aac-33.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.110}

(a) The application procedure required under AS 14.03.250(a) for the establishment of an initial or renewed charter for a charter school must be in writing and must be available upon request at the school district's central office. The local school board shall require an applicant to submit sufficient information so that the local school board may conduct a thorough review of the proposed charter school. An application must be in the format that the department requires. An application, upon final approval by the State Board of Education and Early Development, operates as the charter for the school. In addition to meeting the requirements of AS 14.03.250(a), an application must include,

(1) a list of the members of the academic policy committee and their qualifications;

(2) the length of the term of the contract required under AS 14.03.255(c);

(3) the charter school's bylaws;

(4) a description of the education program to be offered at the charter school and mechanisms for student assessment to be utilized in addition to those required under state law;

(5) a written instructional program that addresses state content standards under 4 AAC 04 and that aligns with the content on the statewide student assessment system under 4 AAC 06.710 - 4 AAC 06.790;

(6) written objectives for program achievement,

(7) a description of and schedule for staff development activities;

(8) a school schedule and calendar;

(9) plans for serving special education, vocational education, gifted, and bilingual students;

(10) written admissions policies and procedures;

(11) if the charter school is the only school in the community, an alternative option for students not wishing to attend the charter school;

(12) a written administrative policy manual;

(13) a written budget summary and financial plan, including

(A) a statement of the charter school's funding allocation from the local school board and costs assignable to the charter school program budget; and

(B) the method by which the charter school will account for receipts and expenditures;

(14) a written plan for the charter school's facility;

(15) a written plan that addresses the teacher-to-student ratio, including projected enrollment figures;

(16) a written student recruitment process, including a lottery or random drawing mechanism for enrollment if applicants exceed the school's capacity;

(17) a requested or existing exemption for the charter school from a written collective bargaining contract;

(18) a plan for student transportation and the district charter school transportation policy, if proposed or adopted;

(19) the written termination clause that must appear in the contract between the charter school and the local school board;

(20) proof of compliance with applicable law; and

(21) other documents or information the district needs to evaluate the proposed charter school.

(b) Not later than 30 days after a local school board's decision to approve an initial application or a renewal application for a charter school, the local school board shall forward the application to the State Board of Education and Early Development for review and approval under AS 14.03.250(c) by mailing to the department

(1) the complete application filed with the local school board, including all supporting documents required under (a) of this section;

(2) the written decision of the local school board;

(3) all other materials considered by the local school board in support of or in opposition to the application; and

(4) the minutes of the local school board meeting at which the charter school was approved.

(c) An initial application for a charter school approved by a local school board may not be submitted to the department under (b) of this section more than 12 months before the planned startup date for the new school. A renewal application for a charter school approved by a local school board may not be submitted to the department under (b) of this section more than 12 months before the expiration of the existing contract.

(d) An initial application and a renewal application approved by a local school board and submitted to the department under (b) of this section must be received by the department at least 90 days before the next regularly scheduled meeting of the State Board of Education and Early Development.

(e) The State Board of Education and Early Development will review an initial application or a renewal application approved by the local school board and submitted to the department under (b) of this section. The State Board of Education and Early Development will consider an initial application or a renewal application in the order in which it is received.

(f) Not later than 60 days after a local school board issues a decision to deny an initial application or a renewal application for a charter school, an applicant may file a notice of appeal to the commissioner under AS 14.03.250(d). In the notice of appeal, the applicant must specify the grounds for its appeal, stating which, if any, finding of fact or conclusion of law in the local school board's decision is alleged to be in error. If the applicant alleges that a finding of fact is in error, the applicant must specify in the notice of appeal the evidence in the record before the local school board that supports a contrary finding of fact. With the notice of appeal, the applicant must file with the commissioner

(1) the complete application submitted to the local school board, including all supporting documents required under (a) of this section;

(2) the written decision of the local school board;

(3) any other materials considered by the local school board in support of or in opposition to the application;

(4) the minutes of the local school board meeting at which the application was approved or denied, or if the minutes are not yet available, the date on which the minutes will be available for review by the department; and

(5) not later than 10 working days after receiving the commissioner's written request for a hearing transcript, a transcript of any recorded testimony presented to the local school board regarding the charter school application.

(g) The commissioner will review an appeal of a local school board decision denying an initial or renewal application for a charter school under AS 14.03.250(d).

(h) If the commissioner upholds the denial of an application, the applicant may file an appeal of the commissioner's decision to the State Board of Education and Early Development not later than 30 days after the issuance of the commissioner's decision. The commissioner will forward the appeal to the State Board of Education and Early Development immediately for consideration at its next meeting. The State Board of Education and Early Development will issue a decision not later than 90 days after the filing of an appeal of a commissioner's decision upholding a denial of an application.

(i) If the commissioner approves an initial or renewal application by overturning a denial by the local school board, the commissioner will forward the application and record to the State Board of Education and Early Development not later than 30 days after the commissioner issues a written decision of approval. The State Board of Education and Early Development will consider the application at its next meeting.

(j) The State Board of Education and Early Development will not approve an application that contains insufficient information to determine compliance with applicable law.

(k) A decision of the State Board of Education and Early Development granting or denying approval for a charter school application is a final agency action for purposes of an appeal to the superior court.

History

Authority: AS 14.03.250; AS 14.03.255; AS 14.07.020 AS 14.03.253; AS 14.03.280; AS 14.07.060
Eff. 4/27/96, Register 138; am 3/31/2002, Register 161; am 7/26/2002, Register 163; am 8/6/2004, Register 171; am 4/8/2015, Register 214

4 AAC 33.113 Amendment of charter {#sec-4-aac-33.113 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.113}

A charter school may apply to a local school board for an amendment to the school's charter during the term of its contract with the local school board. If a local school board approves an amendment to the charter, an amended contract must be executed to conform to the amended charter. The local school board must forward an amended charter and amended contract to the department. A charter school may make district-approved changes to its program that do not require an amendment to the school's charter without review by the State Board of Education and Early Development, except that a change of program that involves the addition of an elementary or secondary program must be approved by the local school board and the State Board of Education and Early Development.

History

Authority: AS 14.03.250; AS 14.07.020 AS 14.03.280; AS 14.07.060
Eff. 4/8/2015, Register 214

4 AAC 33.115 Operation of charter schools {#sec-4-aac-33.115 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.115}

The department may audit the charter school's program during the term of the contract under AS 14.03.255(c) and may take any action necessary to ensure compliance with federal and state law, including the withholding of money under AS 14.07.070. Notwithstanding any provision of a charter or contract, a charter school shall comply with state and federal law. A change in state or federal law taking effect during the term of an existing contract or charter overrides an inconsistent provision of a contract or charter.

History

Authority: AS 14.03.250; AS 14.03.280; AS 14.07.060 AS 14.03.255; AS 14.07.020
Eff. 4/8/2015, Register 214

4 AAC 33.117 Charter school grant program {#sec-4-aac-33.117 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.117}

(a) A charter school that is established on or after July 1, 2014, may apply to the department for one-time grant funding under AS 14.03.264. An applicant charter school must

(1) apply on a form prescribed by the department;

(2) provide evidence in its application that demonstrates that grant funds will be used to provide educational services as defined under AS 14.03 .264(a); and

(3) file its application with the department not later than September 15 to receive funding based on student enrollment on October 1 of the same fiscal year.

(b) A charter school that received reduced grant funding in a prior fiscal year as permitted under AS 14.03.264(c) may apply for the balance of the grant amount using the procedures described in (a) of this section.

(c) The department will notify a newly approved charter school of its eligibility for grant funding under AS 14.03.264 promptly after approval of the charter by the State Board of Education and Early Development.

History

Authority: AS 14.03.264; AS 14.07.020 AS 14.03.280; AS 14.07.060
Eff. 4/8/2015, Register 214

4 AAC 33.119 Definitions {#sec-4-aac-33.119 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.119}

In 4 AAC 33.110 - 4 AAC 33. 119,

(1) "charter school" has the meaning given in AS 14.03.290;

(2) "commissioner" means the commissioner of education and early development;

(3) "department" means the Department of Education and Early Development;

(4) "local school board" has the meaning given in AS 14.03.290;

(5) "working day" means a day other than Saturday, Sunday, or a state holiday.

History

Authority: AS 14.03.250; AS 14.07.020 AS 14.03.280; AS 14.07.060
Eff. 4/8/2015, Register 214

Article 2 Grants for the Improvement of School Performance

4 AAC 33.200 Purpose {#sec-4-aac-33.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.200}

The purpose of 4 AAC 33.200 - 4 AAC 33.290 is to establish the process of application for and awarding of grants under AS 14.03.125.

History

Authority: AS 14.03.125; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.205 Eligible applicants and recipients {#sec-4-aac-33.205 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.205}

(a) A governing body, district advisory board, or nonprofit organization located in the state, or a teacher or principal employed by a public school in the state may apply for a grant through a district located in the state to improve public school performance in that district. A grant awarded will be disbursed to the district through whom the application is made.

(b) An applicant or a district may submit more than one project proposal as part of a grant application to the commissioner. The total amount of all projects proposed by a district may exceed $50,000 for the year, but no one project proposal shall be for an amount less than $5,000 or greater than $50,000.

(c) The commissioner may aggregate proposed projects from a district's grant application into one grant award that does not exceed $50,000 for the year.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.210 Grant applications {#sec-4-aac-33.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.210}

(a) An application for a grant for the improvement of school performance must be made on a form prescribed by and available from the department. The application must be signed by the applicant and the superintendent of the district through whom the application is made. If the applicant is an organization, the application must be signed by a responsible individual or officer designated by the organization.

(b) An application form for a grant for the improvement of school performance will be available from the department no later than 10 working days after the date that funds for a grant are available to the department. An application must be completed and postmarked or received by the department no later than 60 days after the date on which the application form was available from the department in order to be considered a timely application by the department.

(d) In the grant application form, the applicant for a grant under 4 AAC 33.200 - 4 AAC 33.290 must explain, in writing,

(1) how the proposed project will contribute to the improvement of school performance;

(2) how for evaluation purposes the proposed project's effect on school performance will be demonstrated or measured; and

(3) how the project or parts of the project can be used by other districts, individuals, or organizations in the state to improve school performance.

(e) The subjects set out in 4 AAC 04.030 are school performance priority areas. The review committee shall give special consideration to proposed projects that are designed to improve school performance in the priority area.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165
Eff. 10/1/93, Register 127; am 1/13/95, Register 133

4 AAC 33.215 School improvement grant review committee {#sec-4-aac-33.215 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.215}

(a) The commissioner shall appoint a school improvement grant review committee to review the grant proposals and recommend to the commissioner which grants should be awarded. The commissioner shall appoint individuals with expertise in grant review or education, but the majority of appointees must be state employees. The commissioner shall make all final decisions on grant awards.

(b) The committee shall review all timely applications and make recommendations to the commissioner. The committee may recommend

(1) award of a grant for the project proposed in the amount requested;

(2) award of a grant for the project proposed in an amount different than requested;

(3) award of a grant to finance some of the projects proposed in a grant application; or

(4) that no grant be awarded.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.220 Notice of intent to award {#sec-4-aac-33.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.220}

(a) After considering the recommendations of the committee, the commissioner shall make a decision on each grant application.

(b) The department shall send to each district that submitted a grant application

(1) a copy of the commissioner's decisions; and

(2) a notice of intent to award, if the district's application was selected by the commissioner; the department shall send these notices to the district by certified mail, return receipt requested.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.225 Grant awards {#sec-4-aac-33.225 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.225}

(a) After the time for an administrative review under 4 AAC 33.230 has expired, the department shall notify all applicants and districts of the commissioner's grant award decisions.

(b) A notification under this section is a final decision of the department that may be appealed by an applicant or a district to superior court within 30 days under Part VI of the Rules of Appellate Procedure.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.230 Administrative review {#sec-4-aac-33.230 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.230}

(a) A district may appeal from the notice of intent to award by writing to the commissioner and requesting a review. The request must be received by the department within 14 days after the applicant's receipt of the notice of intent to award. The request must state the basis for the appeal, the relief sought, and facts that the district believes support a modification of the intent to award decision. The review officer will not consider information that merely supplements the original grant application.

(b) Within five working days after receiving a request for a review, the commissioner shall appoint a departmental staff member, who did not participate in the initial decision, to serve as a review officer.

(c) Within 20 working days after appointment, the review officer will provide the commissioner with a written recommendation concerning the relief sought. The recommendation must state the reasons for the recommendation, and must be based upon the information provided in the request for review and the records of the department.

(d) Within 10 working days after receipt of the review officer's recommendation, the commissioner will mail or otherwise distribute to the district a notification of the commissioner's decision. The notification must state the reasons relied upon for the decision. Notification under this subsection is a final decision of the department that may be appealed to superior court within 30 days under Part VI of the Rules of Appellate Procedure.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.235 Indirect costs {#sec-4-aac-33.235 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.235}

A district may claim no more than five percent of the amount of a grant awarded under this section as indirect costs for the purposes of administering the grant.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.240 Grant agreement {#sec-4-aac-33.240 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.240}

(a) Disbursement of grant money awarded under 4 AAC 33.200 - 4 AAC 33.290 will not be made unless the applicant and the district execute a grant agreement with the department.

(b) The grant agreement will

(1) set out a disbursement schedule that the department determines is reasonable for the grant project;

(2) require that the district pay the grant money to the applicant according to the disbursement schedule;

(3) provide that the applicant will use the grant award solely for the purposes set out in the grant proposal; and

(4) establish other conditions on the applicant or the district that the department determines will enhance the effectiveness of the project.

(c) The grantee shall maintain and provide at the department's request all reports, documents, and other information required under the grant agreement for the term of the grant agreement and, for audit purposes, three years after the grant terminates.

(d) The department may withhold payment to a district for failure to comply with the grant agreement. After consultation with the department, a district may withhold payment to a grantee for the grantee's failure to comply with the grant agreement. A district shall return to the department any grant money withheld from a grantee based on the grantee's failure to comply with the grant agreement.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.245 Progress report {#sec-4-aac-33.245 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.245}

Each district awarded a school improvement grant must provide an annual progress report to the department no later than 30 days after the close of the grant year. A district may require that the applicant prepare the report. If a district concurs with the applicant's report, the district may adopt it as its own and submit it to the department.

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165(2)
Eff. 10/1/93, Register 127

4 AAC 33.290 Definitions {#sec-4-aac-33.290 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.290}

In 4 AAC 33.200 - 4 AAC 33.290,

(1) "applicant" means a person or organization proposing a project for a grant;

(2) "commissioner" means the commissioner of education and early development;

(3) "committee" means the school performance grant review committee;

(4) "department" means the department of education and early education;

(5) "district" has the meaning given in AS 14.17.250;

(6) "grantee" includes a district that receives a grant and a applicant whose project proposal is approved for an award to a district;

(7) "improving school performance" means increasing student performance as demonstrated by a positive change in a measurement indicator, including the measurement indicators set out in AS 14.03.120(e).

History

Authority: AS 14.03.125; AS 14.07.060 AS 14.07.020; AS 14.07.165
Eff. 10/1/93, Register 127; am 5/1/99, Register 150

Article 3 Quality School Funding Grants

4 AAC 33.300 Purpose: Quality school funding grant program {#sec-4-aac-33.300 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.300}

4 AAC 33.300 - 4 AAC 33.330 are adopted for the purpose of establishing a grant process to implement the quality school funding grant program established by AS 14.17.480.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.17.480
Eff. 4/2/99, Register 149

4 AAC 33.310 Applications {#sec-4-aac-33.310 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.310}

(a) A district application for a quality school funding grant authorized under AS 14.17.480 must be made on forms prescribed by and available from the department. Applications must be received by the department no later than May 1 for a grant for the following school year. An application must set out the district's annual program plan and budget designed to improve student achievement through

(1) implementation of student standards and assessments;

(2) professional standards;

(3) family, school, business, and community networks; and

(4) school excellence standards.

(b) The department will review each application to ensure that the district's quality school plan includes a practical methodology providing for each of the plan elements required under (a)(1) - (4) of this section. The application must provide a written explanation of

(1) how the proposed project will contribute to the improvement of student achievement;

(2) measurable goals and objectives for the project; and

(3) how the proposed project's effects on student achievement will be demonstrated, measured, and evaluated.

(c) The commissioner will approve or deny an application based upon a determination of whether the district's plan meets the requirements of (a) and (b) of this section. The department will return an application that has been denied to the district by certified mail along with a written explanation of the reasons for the denial. The district may submit a revised application for reconsideration by the commissioner, to be received by the department no later than 30 days from the date that the district received the initial notice of denial. A district may appeal the denial of its application in accordance with 4 AAC 40.

(d) Notwithstanding (a) - (c) of this section, a district may apply for a quality school funding grant under AS 14.17.480 of $10,000 or less using the simplified procedures set out in this subsection. The application may be made by electronic communication or by using the form prescribed by and available from the department under (a) of this section. The application must be sent to the commissioner and set out the district's statement for the district's use of the quality school funding grant. The application must be received by the commissioner no later than May 1 for a grant for the following school year. The commissioner will approve the application under this subsection unless the commissioner finds that the application will not further quality in the public school. If an application is denied under this subsection, the district may submit a revised application or an appeal of the denial using the procedures set out in (c) of this section.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.17.480
Eff. 4/2/99, Register 149; am 7/19/2009, Register 191

4 AAC 33.320 Grant awards {#sec-4-aac-33.320 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.320}

(a) Following approval of application, the department will calculate the amount of the district's grant entitlement by multiplying by $16 the district's adjusted ADM, as approved by the department for the school year to which the grant applies. The department will make a single lump sum grant payment to each district by January 15 of the applicable school year.

(b) If a total annual appropriation for the quality school grant program is insufficient to meet the total entitlement of all districts as calculated under (a) of this section, the department will reduce pro rata each district's grant entitlement.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.17.480
Eff. 4/2/99, Register 149

4 AAC 33.330 Reporting requirements {#sec-4-aac-33.330 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.330}

A district that receives a quality school funding grant of more than $10,000 shall submit an annual program evaluation report in the format prescribed by the department. The report must be received by the department no later than thirty days after the close of the school year for which the grant was awarded. A district that fails to timely submit the report is not eligible to receive a quality school funding grant for the following school year.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.17.480
Eff. 4/2/99, Register 149; am 7/19/2009, Register 191

Article 4 Correspondence Study Programs

4 AAC 33.405 Applicability {#sec-4-aac-33.405 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.405}

4 AAC 33.405 - 4 AAC 33.490 apply to correspondence study programs offered by a school district, including statewide correspondence study programs.

History

Authority: AS 14.03.090; AS 14.07.060; AS 14.17.430 AS 14.07.020; AS 14.08.111; AS 14.30.010 AS 14.07.030; AS 14.14.090 AS 14.07.050; AS 14.14.110
Eff. 12/25/2002, Register 164; am 9/19/2008, Register 187

4 AAC 33.410 Purpose {#sec-4-aac-33.410 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.410}

The purpose of 4 AAC 33.405 - 4 AAC 33.490 is to

(1) ensure that standards for curriculum, instruction, and student assessment for correspondence study programs are consistent with state standards;

(2) ensure that the spending of public money by the programs is consistent with the public interest; and

(3) establish reporting requirements for districts enrolling out-of-district students and part-time students.

History

Authority: AS 14.03.095; AS 14.07.060; AS 14.17.430 AS 14.07.020; AS 14.14.110; AS 14.30.010
Eff. 5/1/99, Register 150; am 9/19/2008, Register 187

4 AAC 33.420 Department approval {#sec-4-aac-33.420 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.420}

Each school district offering a correspondence study program must provide the department with a statement of assurance that it will comply with 4 AAC 33.405 - 4 AAC 33.490. The statement must declare whether the district intends to operate a statewide correspondence study program. Except as provided in 4 AAC 33.460(c), the department will approve a school district to operate a correspondence program after the receipt of the statement required under this section. Once approved, a district is not required to submit a new statement each year, except that a district must submit a new statement before implementing a change in its program.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.010 AS 14.07.030; AS 14.14.110 AS 14.07.050; AS 14.17.430
Eff. 5/1/99, Register 150; am 6/15/2000, Register 154; am 12/25/2002, Register 164; am 2/20/2005, Register 173; am 9/19/2008, Register 187

4 AAC 33.421 Correspondence study program requirements {#sec-4-aac-33.421 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.421}

(a) An individual learning plan required under AS 14.03.300 must provide for

(1) monitoring of each student by the assigned certificated teacher; the monitoring must include at least monthly teacher-student or teacher-parent contact for a student who has obtained an achievement level that did not meet standards on the most recent administration of the statewide standards-based assessments under 4 AAC 06.710 - 4 AAC 06.790 and quarterly reviews of a student's work or progress in the individual learning plan; the district must maintain a record of the contact required under this paragraph;

(2) a grade, or other determination that the student has met the standards for a course, determined and assigned by the certificated teacher who is responsible for the course; the plan may provide for review and consideration of any recommendations submitted by the student or the student's parents;

(3) a transcript that includes the source of any course taken by the student that was not offered or approved by the governing body of the district, or, in the case of a program that is a charter school, by the charter school, and for which no public money was provided; the transcript must note whether the student's mastery of the content of the course was approved by the district as meeting a requirement for graduation; and

(4) a signed agreement between the assigned certificated teacher and at least one parent of each student that verifies that

(A) the student and parent have the same right to access the district appeal process as students and parents in the district's other programs; and

(B) the textbooks or other curriculum materials are appropriate for the student and the course of study is appropriate for the student as outlined in the individual learning plan.

(b) In addition to meeting the requirements set out in AS 14.03.300 and this section, an individual learning plan for a student who has obtained an achievement level that did not meet standards on the most recent administration of the statewide standards-based assessments under 4 AAC 06.710 - 4 AAC 06.790 must identify strategies to move the student toward meeting standards in the related subject.

(c) For each course offered for credit by the correspondence study program, the program shall assign a certificated teacher who has the primary responsibility for the course.

(d) In accordance with AS 14.07.050, AS 14.08.111(9), and AS 14.14.090(7), a correspondence study program that is not a charter school shall use curriculum materials, including textbooks and other instructional aids, that have been approved by the district, are of the same quality as those materials that the district offers in the district's other programs, and are in compliance with AS 14.03.090 and AS 14.18.060. A program that is a charter school shall review and approve all curriculum materials for compliance with AS 14.03.090 and AS 14.18.060.

(e) An employee of the district, including a certificated staff member, may not advocate religious, partisan, sectarian, or denominational doctrine as part of the employee's instructional or other duties. Nothing in this subsection prevents a parent from providing supplemental instruction to the parent's own child using materials of the parent's choice, if the materials were not purchased with money provided by the department or district.

(f) The district shall require students to participate in the statewide student assessment program as required under 4 AAC 06.710 - 4 AAC 06.790. The correspondence study program shall

(1) provide for an ongoing assessment plan that includes statewide assessments required for public schools; and

(2) follow the requirements of 4 AAC 06.765 for test security, by

(A) providing a secure testing facility to administer all testing requirements of the assessment program; or

(B) entering into agreements with districts and schools where the testing is administered that allow correspondence study program students to participate in testing at that location.

(g) A district that offers a correspondence study program shall have an open enrollment policy for the program for the entire school year. However, a program that is a charter school may limit its enrollment in accordance with AS 14.03.265.

(h) A correspondence study program may not pay for or provide money for services or materials that do not reasonably relate to the delivery of the students' instructional needs. Textbooks, curriculum materials, school supplies, tutoring services, athletic equipment, and technology expenses may be approved by the certificated teacher who has primary responsibility for the course. Funding for other materials or services may be approved only by the correspondence program director or the director's trained designee, and the valid instructional purpose served by the expenditure must be noted in the student's individual learning plan. Business managers or other administrative personnel who are not certificated under 4 AAC 12.305 or 4 AAC 12.345 may process receipts, reimbursement requests, or other paperwork related to expenditures or fund account activity, but may not fulfill the responsibilities of certificated teachers, program directors, or trained designees as set out in this subsection.

(i) A correspondence study program, or a parent through a fund account under 4 AAC 33.422, may contract with a private individual to provide tutoring to a student in a subject described in 4 AAC 04.140, fine arts, music, or physical education, if

(1) the instruction is part of the student's individual learning plan under AS 14.03.300 and (a) of this section; and

(2) the tutor is not vested with the primary responsibility to plan, instruct, or evaluate the learning of the student in the subject.

History

Authority: AS 14.03.090; AS 14.07.030; AS 14.14.090 AS 14.03.300; AS 14.07.050; AS 14.17.430 AS 14.03.320; AS 14.07.060; AS 14.30.010 AS 14.07.020; AS 14.08.111
Eff. 12/25/2002, Register 164; am 8/6/2004, Register 171; am 2/20/2005, Register 173; am 9/19/2008, Register 187; am 3/6/2015, Register 213; am 4/6/2016, Register 218

4 AAC 33.422 Fund accounts {#sec-4-aac-33.422 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.422}

(a) A correspondence study program may provide a fund account to the student's parents for the purpose of meeting instructional expenses for the student enrolled in the program. Expenditures from a fund account must be for the student's instructional needs as described in the individual learning plan under AS 14.03.300 and 4 AAC 33.421(a).

(b) Textbooks, equipment, and other curriculum materials purchased with state money, including money provided to the parent through a fund account, are property of the district. Materials that are not consumables must be returned to the district when the student leaves the program for any reason.

(d) The fund account may not be used by the district or the parent to supplant district funds or obligations for IEP services.

(e) If a correspondence study program provides for a fund account, the governing body of the district, or, in the case of a program that is a charter school, the charter school, shall establish written standards, consistent with 4 AAC 33.405 - 4 AAC 33.490, on what constitutes appropriate and allowable expenditures of a fund account.

(f) The district or charter school shall approve all expenditures from the fund account under the written standards established by the district under (e) of this section. The district's or charter school's approval process may include pre-authorization for items identified by the district in its written standards.

(g) The district or charter school may not permit the transfer of money between student fund accounts except in the case of families with multiple students enrolled.

History

Authority: AS 14.03.320; AS 14.07.060; AS 14.30.010 AS 14.07.020; AS 14.08.101 AS 14.07.030; AS 14.17.430
Eff. 8/6/2004, Register 171; am 9/19/2008, Register 187; am 3/6/2015, Register 213

4 AAC 33.425 Applications {#sec-4-aac-33.425 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.425}

Repealed.

History

Eff. 5/1/99, Register 150; repealed 12/25/2002, Register 164

4 AAC 33.426 Core course requirements {#sec-4-aac-33.426 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.426}

(a) A student enrolled in a correspondence study program, whether full-time or part-time, must take at least 50 percent of the student's coursework that the student takes through the correspondence study program in core courses. A student enrolled in more than two correspondence classes must take core courses in at least two different subject areas.

(b) A district may waive the requirement of (a) of this section if the district determines that the student is a senior and needs less than 50 percent of the student's curriculum in core courses to qualify for high school graduation from the correspondence study program in which the student is enrolled. A district shall waive the requirement of (a) of this section if the student obtained achievement levels that met standards in English language arts and mathematics as set out in 4 AAC 06.739(b) during the previous academic year.

(c) Core course work performed outside the student's correspondence study program may not count towards the requirements set out under (a) of this section.

(d) In this section, "core course" means

(1) a course of study in

(A) English;

(B) mathematics;

(D) science;

(E) technology;

(F) world languages; or

(2) a course required by a student's IEP if the student is receiving special education and related services under 4 AAC 52.

History

Authority: AS 14.03.300; AS 14.07.060; AS 14.30.010 AS 14.07.020; AS 14.08.101 AS 14.07.030; AS 14.17.430
Eff. 8/6/2004, Register 171; am 9/19/2008, Register 187; am 2/16/2013, Register 205; am 3/6/2015, Register 213; am 4/6/2016, Register 218

4 AAC 33.430 Enrollment of students {#sec-4-aac-33.430 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.430}

A student may not be counted as more than 1.0 full-time equivalent for state funding purposes under 4 AAC 09.040. If a student is enrolled in both the student's district of residence and in a statewide correspondence study program of another district, the district of residence shall count the student first under the provisions of 4 AAC 09.040(c), based solely upon the student's enrollment in classes of the district of residence. Any remaining student count may be allocated to a district that has enrolled the student in classes in the district's statewide correspondence study program, on a first-come, first-served basis. A student may not be counted as being enrolled in a course if the student is concurrently enrolled in a substantially similar course in a different educational institution, including a private school.

History

Authority: AS 14.07.020; AS 14.08.101; AS 14.30.010 AS 14.07.030; AS 14.14.110 AS 14.07.060; AS 14.17.430
Eff. 5/1/99, Register 150; am 6/15/2000, Register 154; am 12/25/2002, Register 164; am 8/6/2004, Register 171; am 9/19/2008, Register 187

4 AAC 33.432 Enrollment of special education students {#sec-4-aac-33.432 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.432}

(a) A district that offers a correspondence study program shall enroll a special education student on the same basis as any other student. The district must ensure that the student's program meets all requirements of AS 14.30 and 4 AAC 52.100 - 4 AAC 52.790, including child find, provision of special education and related services, procedural safeguards, and the development of the student's IEP. The district must meet all requirements of applicable state testing and assessment under 4 AAC 06.710 - 4 AAC 06.790 for the student. If a special education student is enrolled in more than one district, the district with the responsibility under this section is

(1) the district that receives the larger share of the student's full-time equivalent count for state funding purposes under 4 AAC 09.040(c) and 4 AAC 33.430;

(2) if the student's full-time equivalent count for each district in which the student is enrolled is equal, the student's district of residence; or

(3) if the student is enrolled in more than one statewide correspondence study program and the student's full-time equivalent count for each program is equal, the first statewide program that enrolled the student.

(b) A district may enter into individualized cooperative agreements with another school district to meet the requirements of this section.

History

Authority: AS 14.07.020; AS 14.08.101; AS 14.30.010 AS 14.07.030; AS 14.14.110; AS 14.30.186 AS 14.07.060; AS 14.17.430
Eff. 5/1/99, Register 150; am 6/15/2000, Register 154; am 12/25/2002, Register 164; am 8/6/2004, Register 171; am 9/12/2008, Register 187

4 AAC 33.440 Reporting requirements: statewide correspondence and part-time students {#sec-4-aac-33.440 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.440}

Each district that operates a statewide correspondence study program shall submit a report to the department, along with the student count period information required by AS 14.17.600. The report must be in an electronic or other format, as required by the department, and must contain the

(1) number of out-of-district students enrolled in the district's statewide correspondence study program, by district of residence;

(2) name, address, telephone number, and student identification number of each student enrolled part-time in the district's statewide correspondence study program, and the percentage of full-time equivalency assigned to that student.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.010 AS 14.07.030; AS 14.07.170
Eff. 5/1/99, Register 150; am 12/25/2002, Register 164; am 9/19/2008, Register 187

4 AAC 33.460 Program review {#sec-4-aac-33.460 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.460}

(a) The department may monitor correspondence study programs to ensure compliance with the requirements of 4 AAC 33.405 - 4 AAC 33.490.

(b) Upon request by the department, the district shall provide

(1) a list of all students enrolled in the statewide correspondence program, including each student's name, age, student identification issued by the department, entry date, exit date, whether the student has a disability category, and whether the student receives intensive services or related services;

(2) a list of all administrators, teachers, teacher aides, and related services personnel who provide special education and related services in the district, including, for certificated staff members, the teacher certificate numbers; and

(3) any other information required by the department to monitor programs as described in (a) of this section.

(c) The department may place a district on a plan of correction for any violation of 4 AAC 33.405 - 4 AAC 33.490. A district may request reconsideration of the plan by the commissioner. If a district is found to have knowingly violated a provision of 4 AAC 33.405 - 4 AAC 33.490, the department may withdraw approval for the district to operate a correspondence study program. If the department finds that public money was spent in violation of the requirements of 4 AAC 33.405 - 4 AAC 33.490, the department will require repayment of the misspent money, without regard to fault or intent. A district may appeal under 4 AAC 40 a decision by the department to withdraw approval to operate a correspondence program or require repayment of money.

(d) Repealed 9/19/2008.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.17.430 AS 14.07.030; AS 14.07.070
Eff. 12/25/2002, Register 164; am 2/20/2005, Register 173; am 9/19/2008, Register 187

4 AAC 33.490 Definitions {#sec-4-aac-33.490 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.490}

In 4 AAC 33.410 - 4 AAC 33.490,

(1) repealed 8/6/2004;

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

(3) "cooperative agreement" means a contract that is entered into by an enrolling district and a district of residence in conformance with 4 AAC 33.432;

(4) "department" means the Department of Education and Early Development;

(5) "district" means a city or borough school district or a regional educational attendance area;

(6) "district of residence" means the school district in which a student is a resident;

(7) repealed 9/19/2008;

(8) "IEP" means in individualized education program established under the provisions of 4 AAC 52.140 that meets the requirements of AS 14.30.186 and 14.30.278;

(9) "out-of-district student" means a student who seeks to enroll in a district in which the student does not reside;

(10) "special education student" means a student who is entitled to special education and related services under AS 14.30.180 - 14.30.350 and 4 AAC 52.010 - 4 AAC 52.990;

(11) "statewide correspondence study program" means any educational program, including a charter school program, that enrolls out-of-district students and provides

(A) for each secondary course, less than three hours per week of scheduled face-to-face interaction, in the same location, between a teacher certificated under AS 14.20.020 and the class;

(12) "curriculum" means a written plan that sets out the scope and arrangement of the educational program planned for a district; "curriculum" includes the scope and sequence of objectives and activities for a given course;

(13) "curriculum material" includes textbooks, software, multi-media materials, and other materials for which the primary purpose is for use in instructional activity; "curriculum material" does not include literary works;

(14) "home school" means an educational program provided in the child's home by a parent or legal guardian under AS 14.30.010(b)(12);

(15) "parent" means a biological, adoptive, or foster parent, or an adult who acts as guardian of a child and makes decisions related to the child's safety, education, and welfare;

(16) "teacher" means a person employed by a district in a teaching, counseling, or administrative position and has the appropriate certificate issued by the department;

(17) "correspondence study program" has the meaning given in 4 AAC 09.990(a).

(18) "world languages" means non-English languages including Alaska Native, American Indian, and American Sign Language.

History

Authority: AS 14.03.040; AS 14.07.060; AS 14.30.010 AS 14.03.290; AS 14.14.110; AS 14.30.186 AS 14.07.020; AS 14.17.430 AS 14.07.030; AS 14.20.010
Eff. 5/1/99, Register 150; am 6/15/2000, Register 154; am 12/2/2000, Register 156; am 12/25/2002, Register 164; am 8/6/2004, Register 171; am 9/19/2008, Register 187; am 10/26/2022, Register 244

Eff. 12/24/2006, Register 180; repealed 12/2/2012, Register 204

4 AAC 33.590 Definitions for 4 AAC 33.500 - 4 AAC 33.590. Repealed {#sec-4-aac-33.590 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.590}

History

Eff. 12/24/2006, Register 180; repealed 12/2/2012, Register 204

Article 6 Funding for the Improvement of Internet Speed at Public Schools

4 AAC 33.600 Purpose. The purpose of 4 AAC 33.600 - 4 AAC 33.690 is to establish a process of determining eligibility for and distribution of payments under AS 14.03.127 (funding for Internet services), subject to the availability of appropriations {#sec-4-aac-33.600 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.600}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212

4 AAC 33.605 Application. (a) A district in which one or more schools qualify for a discounted rate for Internet services under the federal universal services program may apply to the department for funding under AS 14.03.127 to increase the download speed of the Internet to up to 25 megabits per second (Mbps) for the Internet service available at a school operated by the district. All circuits or connections reported by a district in its federal universal services program application that provide Internet service to a school must be included in the application for funding under AS 14.03.127. (b) Each year, not later than the deadline for an applicant to the federal universal services program to file the Federal Communications Commission Form 471 (Description of Services Ordered and Certification Form) under 47 C.F.R. 54.504, a district seeking funding under AS 14.03.127 must file with the department on a form provided by the department a complete application for funding under AS 14.03.127 for the following fiscal year. (c) An application must be filed electronically with the department according to application instructions available on the department's website. (d) An application must be signed by the superintendent of the applicant. (e) An applicant must provide information in the application regarding Internet services available to a school in the district, including (1) a list of each circuit or connection that serves a school operated by the district and provides Internet access at an initial negotiated capacity of less than 25 Mbps; (2) the Internet speed measured in Mbps of download for each circuit or connection listed under (1) of this subsection, verified in writing by the Internet service provider for the district; (3) the current cost and the applicant's share of the current cost for each Internet circuit or connection listed under (1) of this subsection in monthly recurring charges to the district, with the current cost verified in writing by the Internet service provider for the district; and (4) the total cost and the applicant's share of the total cost in monthly recurring charges for increasing the Internet speed to up to 25 Mbps of download at the Internet circuits or connections listed under (1) of this subsection, with the total cost verified in writing by an Internet service provider qualified under the federal universal services program. (f) An applicant must provide information in the application regarding the district's filings with the federal universal services program and the district's eligibility for the federal universal services program for the fiscal year for which funding is sought, including (1) Federal Communications Commission Form 470 (Description of Services Requested and Certification Form) filed by the applicant with the Universal Service Administrative Company; (2) Federal Communications Commission Form 471 (Description of Services Ordered and Certification Form) filed by the applicant with the Universal Service Administrative Company; and (3) a fully executed contract for Internet services for the fiscal year for which funding is sought; the contract must comply with all requirements of the federal universal services program. (g) An applicant must provide other information in the application to the department as needed for the department to determine eligibility and calculate funding under AS 14.03.127. (h) An applicant must provide in the application an electronic mail address and the name of the contact person for the applicant to be used for notifications and other communication from the department to the district regarding funding under AS 14.03.127 {#sec-4-aac-33.605 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.605}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235; am 11/15/2020, Register 236

4 AAC 33.610 Application deadline for fiscal year 2015. Repealed {#sec-4-aac-33.610 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.610}

History

Eff. 11/13/2014, Register 212; repealed 6/23/2020, Register 235

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235

4 AAC 33.630 Eligible costs. A district must include only monthly recurring costs for eligible circuits or connections in its calculation of current Internet service cost and the projected cost of increasing the eligible circuit or connection speed to up to 25 Mbps under 4 AAC 33.605 {#sec-4-aac-33.630 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.630}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235

4 AAC 33.640 Notice of funding. The department will notify an applicant of its eligibility for funding and the amount of the available funding under AS 14.03.127 not later than July 1 of each year. If an applicant has provided an electronic mail address to be used for communications under AS 14.03.127, the department may notify the applicant of its eligibility and funding under this section by electronic mail. The notice is a final action for purposes of appeal under 4 AAC 40 {#sec-4-aac-33.640 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.640}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235

4 AAC 33.645 Notice of funding for fiscal year 2015. Repealed {#sec-4-aac-33.645 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.645}

History

Eff. 11/13/2014, Register 212; repealed 6/23/2020, Register 235

4 AAC 33.650 Distribution of funding. The department will distribute funding under AS 14.03.127 to districts not later than August 15 of each year. A district shall use funding distributed under AS 14.03.127 to pay for Internet service for circuits or connections that serve schools. If a district files an appeal under 4 AAC 40 and in the final resolution of that appeal is accorded an increased allocation for funding under AS 14.03.127, payment in accordance with the final decision will be provided from the following year's appropriation, if any, under AS 14.03.127 {#sec-4-aac-33.650 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.650}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235

4 AAC 33.655 Distribution of funding for fiscal year 2015. Repealed {#sec-4-aac-33.655 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.655}

History

Eff. 11/13/2014, Register 212; repealed 6/23/2020, Register 235

4 AAC 33.660 Report of current Internet speed. (a) A district must provide as the current Internet speed in its application under 4 AAC 33.605 the initial negotiated capacity for each eligible circuit or connection. (b) The department will calculate a district's need under 4 AAC 33.620 using the initial negotiated capacity, so an increase in Internet speed funded under AS 14.03.127 may be maintained in subsequent years {#sec-4-aac-33.660 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.660}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235

4 AAC 33.670 Return of unexpended funds. Not later than August 15 of each year, a district shall return to the department funding received under AS 14.03.127 and unexpended for eligible costs for Internet services during the prior fiscal year {#sec-4-aac-33.670 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.670}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212

4 AAC 33.680 Nonpayment, required refund, or future denial. If the department determines that a district is not in compliance with AS 14.03.127, 4 AAC 33.600 - 4 AAC 33.690, or the requirements for successful participation in the federal universal services program, the department may withhold payment under AS 14.03.127, require reimbursement of prior payments, or deny future funding under AS 14.03.127 {#sec-4-aac-33.680 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.680}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212

4 AAC 33.685 Filing or submission date. (a) An application, year-end report, or other filing or submission to the department under AS 14.03.127 will be considered filed or submitted as of the postmark date of the document. If the document is submitted by a method that does not provide a postmark date, the document will be considered filed or submitted as of the date stamped or otherwise marked on the document when it is received at the department's office. An electronic filing or submission, if allowed, will be considered filed or submitted at the time the filing or submission is received in electronic form by the department. (b) For the purposes of this section, "postmark date" means the date of mailing stamped or otherwise marked by the United States Postal Service or a private delivery service on a document with prepaid postage and correctly addressed to the department's office {#sec-4-aac-33.685 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.685}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212

4 AAC 33.690 Definitions. (a) In AS 14.03.127 and 4 AAC 33.600 - 4 AAC 33.690, unless the context requires otherwise, (1) "department" means the Department of Education and Early Development; (2) "district" means a borough or city school district, a regional educational attendance area, and a state boarding school; (3) "fiscal year" means the state fiscal year, beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (b) In 4 AAC 33.600 - 4 AAC 33.690, unless the context requires otherwise, (1) "applicant's share" has the meaning given in AS 14.03.127(c); (2) "circuit or connection" means a mode of access to the Internet, whether a direct connection or via a circuit through a wide-area network (WAN); in this paragraph, "wide area network" means a voice, data, or video network that provides connections from within a school to other locations beyond the school; (3) "federal universal services program" has the meaning given in AS 14.03.127(c); (4) "initial negotiated capacity" means the cost of Internet services for the eligible circuits or connections for a school that a district reports on Federal Communications Commission Form 471 (Description of Services Ordered and Certification Form) filed with the Universal Service Administrative Company under the federal universal services program and submits in support of the application for state funding under AS 14.03.127, as of (A) November 1, 2014, for a school that has continuously received funding under AS 14.03.127 for up to 10 Mbps of Internet service through state fiscal year 2020; (B) March 1, 2020, for a school that receives funding under AS 14.03.127 for up to 25 Mbps of Internet service starting in state fiscal year 2021; (C) March 1 of the year of the application for the first year the district applies on behalf of a new school under both the federal universal services program and AS 14.03.127; or (D) for a school that has reopened, March 1 of the most recent year in which the district applied on behalf of the reopened school under both the federal universal services program and AS 14.03.127; (5) "Mbps" means megabit per second of Internet download speed. (6) "school" means a facility at which a school district provides instruction to students in elementary or secondary grades and includes the geographically contiguous grounds where the instructional buildings of a single eligible school are located; a facility at which a school district provides instruction for both elementary and secondary grades is a single school {#sec-4-aac-33.690 omnilex-key=us-ak-regs-official--title-4--4 AAC 33.690}

History

Authority: AS 14.03.127; AS 14.07.020; AS 14.07.060
Eff. 11/13/2014, Register 212; am 6/23/2020, Register 235

Chapter 34 Bilingual-Bicultural Education

4 AAC 34.010 Purpose {#sec-4-aac-34.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.010}

The purpose of this chapter is to provide direction and guidance to school districts to ensure the districts' compliance with AS 14.17.420 and AS 14.30.400, and assist the districts in compliance with federal requirements under 42 U.S.C. 2000d (Title VI of the Civil Rights Act of 1964).

History

Authority: AS 14.07.060; AS 14.30.410
Eff. 12/29/76, Register 60; am 1/14/78, Register 65; am 5/4/2000, Register 154

4 AAC 34.020 Scope of state-assisted programs {#sec-4-aac-34.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.020}

Repealed 8/15/78.

4 AAC 34.030 Grant application {#sec-4-aac-34.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.030}

Repealed 8/15/78.

4 AAC 34.035 State aid {#sec-4-aac-34.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.035}

Repealed.

History

Eff. 8/15/78, Register 67; repealed 5/4/2000, Register 154

4 AAC 34.040 Grant entitlement {#sec-4-aac-34.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.040}

Repealed.

History

Eff. 12/29/76, Register 60; repealed 5/4/2000, Register 154

4 AAC 34.050 Identification and assessment of language dominance {#sec-4-aac-34.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.050}

Repealed.

History

Eff. 1/14/78, Register 65; repealed 5/4/2000, Register 154

4 AAC 34.055 Plan of service {#sec-4-aac-34.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.055}

(a) Each school district that enrolls English learners shall administer a state-approved assessment for identification of English language proficiency to all students who may be English learners but have not been identified as English learners. The district is responsible for taking appropriate steps to develop English learners' English-language skills and to provide them meaningful participation in the school district's academic program consistent with applicable state and federal standards. In addition, each school district with a school that is attended by at least eight students who are English learners shall

(1) prepare a plan of service for English learners; the school district may designate the effective dates of the plan of service, which may be for up to five school years;

(2) file a plan of service by June 30 of the fiscal year in which the district enrolls eight or more English learners in a school or the fiscal year in which the existing plan of service expires;

(3) implement the plan of service in the school year following the submission; and

(4) file changes to an existing plan of service with the department before implementation of the change.

(b) The plan required under (a) of this section must provide for the following:

(1) a statement of the district's educational goals and instructional methodology;

(2) the district's plan of identification of all students who are or who may be English learners, according to the standardized statewide entrance procedures, must include the use of a state-approved assessment for identification of English language proficiency; an enrolling district must assess a student who may be an English learner for such status not later than 30 days from the date of the student's enrollment in a school in the state;

(3) the district's procedure for assessing the educational progress of English learners;

(4) the district's program of services and instructional model for English learners;

(5) an identification of instructional staff and educational resources;

(6) the district's process for monitoring the academic progress of former English learners for four years after they are no longer identified as English learners;

(7) the district's program evaluation that addresses the effectiveness of the program in meeting students' English-language development needs, in achieving student academic progress goals, and reflecting any identified need for program modification;

(8) parent and community involvement.

(c) The commissioner will approve an English language proficiency assessment that tests an English learner's proficiency under the English language proficiency standards adopted by reference in 4 AAC 04.155. A district shall annually administer, between February 1 and March 31 of each school year, the state-approved assessment of English language proficiency to all students who have been identified as English learners.

(d) If, under (b) and (c) of this section, a district identifies a student as an English learner eligible for services under this chapter, the student remains identified as an English learner until the student obtains an overall composite score of 4.5 or higher on tier B or tier C of Assessing Comprehension and Communication in English State-to-State for English Language Learners (ACCESS for ELLs), if that is the approved assessment under (c) of this section. If an identified English learner has a disability that precludes assessment in one or more domains of ACCESS for ELLs, the identified English learner is eligible for alternate scoring under the department's Alternate Scoring Process Guide, 2021 edition, adopted by reference.

(e) A district shall monitor the academic progress of each student who had been identified as an English learner for four years after the student is no longer identified as an English learner. A former English learner is not required to participate in the annual English language proficiency assessment unless the district determines that a student's failure to make academic progress may be a result of a lack of English language proficiency and the student may need to be re-identified as an English learner.

(f) Repealed 10/16/2013.

History

Authority: AS 14.07.060; AS 14.17.420; AS 14.30.410
Eff. 1/14/78, Register 65; am 8/15/78, Register 67; am 6/28/87, Register 102; am 5/4/2000, Register 154; am 11/23/2003, Register 168; am 8/29/2004, Register 171; am 12/7/2004, Register 172; am 2/18/2007, Register 181; am 7/13/2012, Register 203; am 10/16/2013, Register 208; am 10/20/2018, Register 228; am 12/23/2021, Register 240

4 AAC 34.060 Parent and community involvement {#sec-4-aac-34.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.060}

Repealed.

History

Eff. 1/14/78, Register 65; repealed 5/4/2000, Register 154

4 AAC 34.065 Curriculum/instructional program {#sec-4-aac-34.065 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.065}

Repealed.

History

Eff. 1/14/78, Register 65; repealed 5/4/2000, Register 154

4 AAC 34.070 Materials {#sec-4-aac-34.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.070}

Repealed.

History

Eff. 1/14/78, Register 65; repealed 5/4/2000, Register 154

4 AAC 34.075 Instructional staff {#sec-4-aac-34.075 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.075}

(a) Districts shall insure that the skills of their instructional staff are commensurate with the type of programs selected.

(b) If regularly certificated (Type A) teachers who are appropriately bilingual cannot be obtained, bilingual instructors may be used to implement the program. However, if bilingual instructors are used

(1) the district shall implement an action plan to train or otherwise secure certificated (Type A) teachers who are bilingual in other than English languages for which the district offers its program; and

(2) the district shall assure that the salaries of its bilingual instructors are commensurate with the level of responsibilities and duties performed by them and with their training and experience.

(c) Nothing in (b) of this section limits a district's authority to require, as a condition of continued employment, that a bilingual instructor enter into a formal program of training which leads to a Type A certificate.

(d) Each district shall develop a staff training plan for all bilingual program instructional personnel, both permanent and temporary, which includes, but is not necessarily limited to, the following:

(1) objectives which are directly related to the needs of the students;

(2) methods by which those objectives can be reached;

(3) methods for selecting teachers, paraprofessionals, and potential teachers for training;

(4) the names of individuals who will conduct training;

(5) the location of the training;

(6) content of the training, including as one element linguistic/cultural familiarity with the students' background;

(7) a design for evaluating the training; and

(8) a proposed time frame for carrying out the training plan.

(e) As part of the plan of service required under sec. 55 of this chapter, each district shall set out specific recruitment and selection processes for its bilingual program staff and shall establish, through cooperative agreements with institutions of higher education, and make available a career ladder for its bilingual paraprofessionals which leads to regular (Type A) certification.

(f) The student-to-staff ratio for the district's bilingual program may not be higher than the overall student-to-staff ratio for the district.

History

Authority: AS 14.07.060; AS 14.30.410
Eff. 1/14/78, Register 65

4 AAC 34.080 Evaluation {#sec-4-aac-34.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.080}

Repealed.

History

Eff. 1/14/78, Register 65; am 8/15/78, Register 67; repealed 5/4/2000, Register 154

4 AAC 34.090 Definitions {#sec-4-aac-34.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 34.090}

(a) In this chapter, unless the context requires otherwise,

(1) "district" or "school district" means a city and borough school district or regional educational attendance area;

(2) "English learner" means an individual

(A) who is between 3 and 21 years old;

(B) who is enrolled or preparing to enroll in an elementary school or secondary school;

(i) an individual not born in the United States or whose native language is a language other than English;

(ii) a Native American, Alaska Native, or native resident of the outlying areas, who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

(iii) an individual who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant;

(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the

(i) ability to obtain an achievement level that meets standards, as described in 4 AAC 06.739, on the state assessments in English language arts, mathematics, and science under 4 AAC 06.737;

(ii) ability to successfully achieve in classrooms where the language of instruction is English; or

(iii) opportunity to participate fully in society;

(3) "school that is attended by at least eight English learners" means any school, elementary, middle, or any combination secondary school with eight or more English learners in regular daily attendance;

(4) "Alaska Native" has the meaning given in 4 AAC 06.899;

(5) "Native American" has the meaning given in 20 U.S.C. 7801(34) (Elementary and Secondary Education Act), which is adopted by reference;

(6) "outlying area" has the meaning given in 20 U.S.C. 7801(36) (Elementary and Secondary Education Act), which is adopted by reference.

(b) In AS 14.30.410 and this chapter, "department" means the department of education and early development.

(c) In AS 14.30.400, "bilingual-bicultural education program" means a program of instruction in elementary or secondary education that is designed for English learners.

History

Authority: AS 14.03.123; AS 14.07.060; AS 14.50.080 AS 14.07.020; AS 14.30.410
Eff. 12/29/76, Register 60; am 5/4/2000, Register 154; am 11/23/2003, Register 168; am 6/30/2013, Register 206; am 4/6/2016, Register 218; am 10/20/2018, Register 228; am 12/23/2021, Register 240

Chapter 36 Cigarette Tax Administration

4 AAC 36.010 Cigarette tax distribution {#sec-4-aac-36.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 36.010}

Repealed.

Chapter 39 Diplomas Under Special Conditions

Article 1 Eighth Grade and Adult Education Diplomas

4 AAC 39.010 Veterans {#sec-4-aac-39.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 39.010}

Repealed 12/30/77.

4 AAC 39.020 Special examinations {#sec-4-aac-39.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 39.020}

Repealed 3/10/78.

4 AAC 39.030 Eighth grade diplomas {#sec-4-aac-39.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 39.030}

Repealed 5/10/78.

4 AAC 39.040 Delegation of authority to issue diplomas in connection with adult education programs {#sec-4-aac-39.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 39.040}

4 AAC 39.190 Definitions {#sec-4-aac-39.190 omnilex-key=us-ak-regs-official--title-4--4 AAC 39.190}

Relocated.

History

Eff. 3/1/78, Register 65

Chapter 40 Review and Appeals of Actions and Decisions Regarding Funding

4 AAC 40.010 Applicability {#sec-4-aac-40.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 40.010}

The provisions of this chapter apply to a district or applicant seeking review and appeal of actions and decisions of the department regarding money appropriated to the department under AS 14 or AS 44.27, for payment to school districts or other applicants. The provisions of this chapter do not apply if a specific process for appeal of a decision of the department is set out elsewhere in statute or regulation, or if the decision appealed from did not result in money being denied or withheld from a district or applicant. The department will not process an appeal under this chapter that seeks an advisory opinion.

History

Authority: AS 14.07.060; AS 14.17.920
Eff. 10/16/81, Register 80; am 2/11/89, Register 109; am 11/10/2002, Register 164; am 12/29/2010, Register 196

4 AAC 40.020 Notice of appeal {#sec-4-aac-40.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 40.020}

(a) A district or other applicant that is aggrieved by an appealable action of the department regarding a payment or award of money as described in 4 AAC 40.010 may file a notice of appeal with the commissioner by registered mail or by electronic submission on a form provided by the department. The notice of appeal must be postmarked or received by electronic submission no later than 30 calendar days after receipt of notice of the final action being appealed.

(b) The notice of appeal must contain

(1) a copy of the written action being appealed;

(2) an itemized listing of each alleged violation of statute or regulation upon which the appeal is based;

(3) a statement of the facts supporting each alleged violation of statute or regulation; and

(4) the specific relief sought.

(1) by the superintendent, if the appeal is filed by a district; or

(2) by the chairman or presiding officer of the board, committee, or organization making application, if the appeal is filed by an applicant other than a district.

(d) Failure to raise an issue in the notice of appeal waives the issue in the subsequent proceedings under this chapter.

(e) In this section, "appealable action of the department" means a final decision denying a request for, or withholding, money appropriated to the department under AS 14 or AS 44.27 for payment to school districts or other applicants.

History

Authority: AS 14.07.060; AS 14.17.920
Eff. 10/16/81, Register 80; am 2/11/89, Register 109; am 11/10/2002, Register 164; am 12/29/2010, Register 196; am 9/5/2025, Register 255

4 AAC 40.030 Administrative review {#sec-4-aac-40.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 40.030}

(a) No later than five working days after receipt of the notice required under 4 AAC 40.020(a), the commissioner will appoint a designee to review all issues set out in the notice of appeal.

(b) The commissioner's designee's review of the decision may include whether

(1) the process was fair, including whether additional process or opportunity to present evidence to the initial decision maker is necessary to achieve a fair decision;

(2) the initial decision maker had expertise in the subject matter of the decision;

(3) the decision is internally consistent and rational;

(4) the decision is consistent with law;

(5) the decision contains errors; and

(6) substantial evidence supports the decision.

(c) No later than 15 working days after appointment under (a) of this section, the commissioner's designee shall issue a written decision. The designee's supervisor may grant the designee a five-day extension. The designee may

(1) affirm the decision;

(2) remand the decision to the initial decision maker for amendment or for consideration of additional evidence or argument;

(3) amend the decision or issue a new decision if the designee has expertise in the subject matter; or

(4) amend the decision or issue a new decision if the amendment or new decision corrects an error that does not require special expertise or knowledge.

(d) An initial decision maker shall issue a new decision after a remand from the commissioner's designee under (c) of this section no later than 15 days after the initial decision maker receives the remand. In the decision, the initial decision maker shall include a written description of the decisions maker's resolution of the issues on remand.

History

Authority: AS 14.07.060; AS 14.17.920
Eff. 10/16/81, Register 80; am 2/11/89, Register 109; am 11/10/2002, Register 164; am 12/29/2010, Register 196

4 AAC 40.040 Formal hearing {#sec-4-aac-40.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 40.040}

(a) If the commissioner's designee affirms the decision of the initial decision maker, a district or applicant may request a formal hearing on the decision of the initial decision maker or the designee. If the designee amends the decision, or remands the decision to the initial decision maker, and the amended decision or the decision after remand does not grant the relief sought in the notice of appeal, a district or applicant may request a formal hearing on the decision of the initial decision maker after remand or the designee.

(b) The request for hearing must be in writing, must be transmitted to the department by certified mail or in person, and must be postmarked or delivered no later than 15 calendar days after the date the decision under 4 AAC 40.030(c) or the decision of the initial decision maker after a remand was issued. The request must set out

(1) the errors that the district or applicant alleges were made by the initial decision maker or the commissioner's designee;

(2) the relief requested; and

(3) whether the district or applicant will be represented by counsel.

(c) No later than 15 days after receipt of the request for hearing made under (a) of this section, the commissioner will appoint a hearing officer who is not an employee of the department.

(d) No later than five days after appointment, the hearing officer shall schedule a prehearing conference with the parties for the purpose of determining scheduling, requirements for briefing and identification of exhibits, whether an oral hearing is necessary, witnesses, and other administrative matters specific to the hearing, The hearing officer may hold a settlement conference, or may arrange for other alternative dispute resolution, if requested by both parties.

(e) The hearing shall be held no later than 30 days after the date of appointment of the hearing officer unless extended by the hearing officer on request of a party. A hearing officer may supplement the procedures in this subsection as necessary to conduct a fair and efficient hearing. The following procedures apply to all hearings:

(1) the hearing must be recorded;

(2) oral testimony must be under oath or affirmation;

(3) each party may

(A) be represented by counsel;

(B) call and examine witnesses;

(D) cross-examine opposing witnesses;

(E) impeach a witness regardless of who first called the witness to testify;

(F) file motions, including a motion for summary adjudication or to exclude evidence or argument;

(4) hearsay evidence may be used to supplement or explain nonhearsay evidence, but is not sufficient by itself to support a finding unless it would be admissible in a civil action;

(5) the rules of privilege are effective to the same extent that they are recognized in a civil action;

(6) evidence and arguments that were not available to the initial decision maker are not admissible;

(7) evidence shall be excluded if it would cause undue delay, waste time, or be a needless presentation of cumulative evidence;

(8) the burden of proof is on the party making the appeal;

(9) the hearing officer shall recommend that the commissioner uphold the initial decision maker or the commissioner's designee unless the hearing officer determines that

(A) the initial decision maker did not have a reasonable basis for the decision, based upon substantial evidence that was available to the initial decision maker at the time of the decision; or

(B) the commissioner's designee abused the designee's discretion in failing to grant the relief requested by the district or applicant, based upon substantial evidence that was available to the designee at the time of the decision.

(f) The hearing officer shall prepare a transcript of the hearing upon the request of a party. The hearing officer shall submit a recommended decision to the commissioner no later than 15 working days after the record closes. The recommended decision must outline the substantive issues presented, and include findings of fact and conclusions of law.

(g) The commissioner may adopt all, part, or none of the hearing officer's recommended decision submitted under (f) of this section, or may remand the matter back to the hearing officer with written instructions for further hearing or directions for further deliberation. No later than 15 working days after receiving the hearing officer's recommended decision, the commissioner will notify the district or applicant by certified mail of the commissioner's decision on the appeal.

(h) The district or other applicant is solely responsible for expenses incurred by the district or other applicant with respect to the hearing.

(i) Unless the commissioner remands the decision to the hearing officer, the commissioner's decision under (g) of this section is a final administrative decision of the department for purposes of appeal to the superior court under the Alaska Rules of Appellate Procedure.

History

Authority: AS 14.07.060; AS 14.17.920
Eff. 10/16/81, Register 80; am 2/11/89, Register 109; am 1/13/95, Register 133; am 11/10/2002, Register 164; am 12/29/2010, Register 196; am 12/6/2022, Register 244

4 AAC 40.045 Review by state board of education {#sec-4-aac-40.045 omnilex-key=us-ak-regs-official--title-4--4 AAC 40.045}

Repealed.

History

Eff. 2/11/89, Register 109; repealed 11/10/2002, Register 164

4 AAC 40.050 Definitions {#sec-4-aac-40.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 40.050}

In this chapter,

(1) "board" means the State Board of Education and Early Development;

(2) "commissioner" means the commissioner of education and early development;

(3) "department" means the Department of Education and Early Development;

(4) "district" means a school district;

(5) "applicant" means a person or entity that applies for a grant or other thing of monetary value from the department;

(6) "expertise in the subject matter" means having significant experience, training, or knowledge in the issue;

(7) "substantial evidence"

(A) means relevant evidence in the record that a reasonable mind might accept as adequate to support a conclusion;

(B) does not include an evaluation of competing inferences that could be drawn from the evidence;

(8) "working day" means a day other than Saturday, Sunday, or a state holiday.

History

Authority: AS 14.07.060; AS 14.17.920
Eff. 10/16/81, Register 80; am 11/10/2002, Register 164; am 12/29/2010, Register 196

Chapter 42 Private Schools

4 AAC 42.100 Approval {#sec-4-aac-42.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 42.100}

Repealed.

History

Eff. 5/10/78, Register 66; repealed 12/17/94, Register 132

4 AAC 42.110 Supervision of schools {#sec-4-aac-42.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 42.110}

Repealed.

History

Eff. 5/10/78, Register 66; repealed 12/17/94, Register 132

4 AAC 42.200 Corporal punishment in private schools {#sec-4-aac-42.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 42.200}

(a) Each private school that operates a pre-elementary, elementary, or secondary education program shall adopt a written policy governing the use of corporal punishment, as that term is defined in 4 AAC 07.900. Unless the policy prohibits corporal punishment, it must

(1) describe the role of the person or persons authorized to administer corporal punishment;

(2) describe the circumstances under which corporal punishment may be used;

(3) describe the type and amount of corporal punishment permitted, including any instrument that may be used;

(4) describe any requirements governing privacy or the presence of witnesses; and

(5) require that parental consent be obtained before corporal punishment is used; the consent may be given before each use of corporal punishment, or may be a general consent for a period of time.

(b) The requirements of (a) of this section do not apply to a school in which only the children of a single family are enrolled and the schooling is provided by the parent or legal guardian of the children.

(c) Each school required to have a policy under (a) and (b) of this section shall distribute its current policy to the parents of each student and shall have its current policy on file with the Alaska Department of Education and Early Development, 801 West Tenth St., Suite 200, Juneau, AK 99801-1894. Corporal punishment may be administered only in accordance with the policy on file with the department.

(d) As provided in AS 14.45.100, because this section relates to the physical health of private school students, schools that are exempt under AS 14.45.100 - AS 14.45.130 are not exempt from this section.

History

Authority: AS 14.07.020(a)AS 14.07.060; AS 14.45.100
Eff. 8/25/89, Register 111

Chapter 43 Alaska Performance Scholarship Program

4 AAC 43.010 Requirements for school districts and certain religious or private schools {#sec-4-aac-43.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 43.010}

In administering a school district's duties under the scholarship program established in AS 14.43.810 - 14.43.849, a school district, or a religious or other private school accredited under 4 AAC 04.300(c) that elects to comply with AS 14.45.100 - 14.45.130, shall

(1) determine a student's level of eligibility for the Alaska performance scholarship based on curriculum, standardized examination scores, and grade point average for each of its graduating students;

(2) record a student's level of eligibility on the student's permanent record;

(3) require a student seeking Alaska performance scholarship eligibility certification to provide proof of results achieved on one of the standardized examinations required for scholarship eligibility; and

(4) no later than July 15 of each year, transmit to the department an electronic version of each graduating student's permanent record that describes the student's eligibility for the Alaska performance scholarship.

History

Authority: AS 14.07.060; AS 14.43.810
Eff. 11/4/2010, Register 196

4 AAC 43.020 Standardized examination and grade point average requirements {#sec-4-aac-43.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 43.020}

(a) A student is eligible for an Alaska performance honors scholarship if the student meets the curriculum requirements of 4 AAC 43.030, obtains a grade point average of 3.5 or higher, and provides proof of

(1) an ACT composite score of 25 or higher;

(2) an SAT combined score of 1680 or higher on an assessment taken before March 1, 2016, or a combined score of 1210 or higher on an assessment taken on or after March 1, 2016; or

(3) a combined WorkKeys score of 13 or higher, with no single score lower than four in each of the following areas:

(A) applied mathematics;

(B) reading for information;

(b) A student is eligible for an Alaska performance achievement scholarship if the student meets the curriculum requirements of 4 AAC 43.030, obtains a grade point average of 3.0 or higher, and provides proof of

(1) an ACT composite score of 23 or higher;

(2) an SAT combined score of 1560 or higher on an assessment taken before March 1, 2016, or a combined score of 1130 or higher on an assessment taken on or after March 1, 2016; or

(3) a combined WorkKeys score of 13 or higher, with no single score lower than four in each of the following areas:

(A) applied mathematics;

(B) reading for information;

(c) A student is eligible for an Alaska performance opportunity scholarship if the student meets the curriculum requirements of 4 AAC 43.030, obtains a grade point average of 2.5 or higher, and provides proof of

(1) an ACT composite score of 21 or higher;

(2) an SAT combined score of 1450 or higher on an assessment taken before March 1, 2016, or a combined score of 1060 or higher on an assessment taken on or after March 1, 2016; or

(3) a combined WorkKeys score of 13 or higher, with no single score lower than four in each of the following areas:

(A) applied mathematics;

(B) reading for information;

(d) A student who qualifies for a scholarship using the WorkKeys examination must use the scholarship award in a career and technical program that results in the award of a certificate.

History

Authority: AS 14.07.060; AS 14.43.810
Eff. 11/4/2010, Register 196; am 9/7/2012, Register 203; am 2/16/2013, Register 205; am 8/20/2016, Register 219

4 AAC 43.030 Curriculum requirements {#sec-4-aac-43.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 43.030}

(a) For a student graduating from high school in 2011, the curriculum requirements for all levels of the Alaska performance scholarship are completion of

(1) the subject matter requirements for high school graduation under 4 AAC 06.075(b); and

(2) one additional unit of credit from any of the following:

(A) mathematics - one unit of credit;

(B) science - one unit of credit;

(b) For a student graduating from high school in 2012, the curriculum requirements for the Alaska performance achievement scholarship and Alaska performance opportunity scholarship are completion of either the 2012 mathematics and science curriculum or the 2012 social studies and language curriculum. The required courses are as follows:

(1) for the 2012 mathematics and science curriculum,

(A) either of the following:

(i) mathematics - four units of credit, and science - three units of credit;

(ii) mathematics - three units of credit, and science - four units of science;

(B) language arts - four units of credit;

(C) social studies - four units of credit; however, one unit of a world language, fine arts, or cultural heritage may substitute for one of the four units of credit of social studies;

(2) for the 2012 social studies and language curriculum,

(A) mathematics - three units of credit;

(B) science - three units of credit;

(D) social studies - four units of credit; and

(E) world language - one unit of credit.

(c) For a student graduating from high school in 2012, the curriculum requirements for the Alaska performance honors scholarship are completion of either, as described in (d) of this section,

(1) the 2013 and after mathematics and science curriculum;

(2) the 2013 and after social studies and language curriculum.

(d) For a student graduating from high school in 2013 and 2014, the curriculum requirements for all levels of the Alaska performance scholarship are completion of either the mathematics and science curriculum or the social studies and language curriculum described in this subsection. The required courses are,

(1) for the 2013 and 2014 mathematics and science curriculum,

(A) mathematics - four units of credit;

(B) science - four units of credit;

(D) social studies - four units of credit; however, one unit of a world language, fine arts, or cultural heritage may substitute for one of the four units of credit of social studies;

(2) for the 2013 and 2014 social studies and language curriculum,

(A) mathematics - three units of credit;

(B) science - three units of credit;

(D) social studies - four units of credit;

(E) world language - two units of credit.

(e) The curriculum requirements described in this section do not excuse a student from compliance with the high school graduation requirements in 4 AAC 06.075 or graduation requirements imposed by the student's district.

(f) For a student graduating from high school in and after 2015, the curriculum requirements for all levels of the Alaska performance scholarship are completion of either the 2015 and after mathematics and science curriculum or the 2015 and after social studies and language curriculum described in this subsection. The required courses are

(1) for the 2015 and after mathematics and science curriculum,

(A) four units of credit in mathematics, consisting of either four units selected from the following courses or a combination of three units selected from the following courses and an additional course approved by the department:

(i) algebra I;

(ii) algebra II;

(iii) geometry;

(iv) trigonometry;

(v) pre-calculus;

(vi) calculus;

(vii) calculus II;

(viii) statistics;

(B) four units of credit in science, consisting of either four units selected from the following courses or a combination of two units selected from the following courses and two additional courses approved by the department:

(i) physical science;

(ii) earth science;

(iii) biology;

(iv) chemistry;

(v) physics;

(vi) marine biology;

(vii) anatomy and physiology;

(C) four units of credit in language arts, consisting of either four units selected from the following courses or a combination of three units selected from the following courses and an additional course approved by the department:

(i) composition;

(ii) American literature;

(iii) world literature;

(iv) speech and debate;

(v) advanced composition;

(vi) creative writing;

(vii) British literature;

(D) four units of credit in social studies; however, one unit of credit in a world language, fine arts, or cultural heritage may substitute for one of the four units of credit of social studies; at least two units of credit must be from the following courses, with any remaining credits from courses approved by the department:

(i) world history;

(ii) American history;

(iii) geography;

(iv) American government/civics;

(v) economics;

(vi) Alaska history;

(vii) western or eastern civilization;

(viii) psychology;

(ix) sociology;

(2) for the 2015 and after social studies and language curriculum,

(A) three units of credit in mathematics, consisting of either three units selected from the following courses or a combination of two units selected from the following courses and an additional course approved by the department:

(i) algebra I;

(ii) algebra II;

(iii) geometry;

(iv) trigonometry;

(v) pre-calculus;

(vi) calculus;

(vii) calculus II;

(viii) statistics;

(B) three units of credit in science, consisting of either three units selected from the following courses or a combination of two units selected from the following courses and an additional course approved by the department:

(i) physical science;

(ii) earth science;

(iii) biology;

(iv) chemistry;

(v) physics;

(vi) marine biology;

(vii) anatomy and physiology;

(i) composition;

(ii) American literature;

(iii) world literature;

(iv) speech and debate;

(v) advanced composition;

(vi) creative writing;

(vii) British literature;

(D) four units of credit in social studies, consisting of either four units selected from the following courses or a combination of three units selected from the following courses and an additional course approved by the department:

(i) world history;

(ii) American history;

(iii) geography;

(iv) American government/civics;

(v) economics;

(vi) Alaska history;

(vii) western or eastern civilization;

(viii) psychology;

(ix) sociology;

(E) two units of credit in the same world language.

(g) A course does not satisfy the requirements of this section, regardless of the course name, unless the course

(1) is a college or industry preparatory course; and

(2) meets or exceeds the standards and grade-level expectations for a high school course established in the department's publication Alaska Social Studies Standards, adopted by reference in 4 AAC 04.140.

(h) An advanced placement course meets the curriculum requirements of this section and is considered an approved course for the subject area covered by the course. In this subsection, "advanced placement course" means a course that has been authorized to use the "Advanced Placement" designation by the College Board. An international baccalaureate course meets the curriculum requirements for this section and is considered an approved course for the subject area covered by the course. In this subsection "international baccalaureate course" means a course that has been authorized to use the "International Baccalaureate" designation by the International Baccalaureate Organization.

(i) The department may conduct a desk audit of the curriculum of a district that determines under AS 14.03.113 that students are eligible for a scholarship award. A desk audit determines whether the district's curriculum meets the requirements of this section. A desk audit may include an examination of the

(1) content being taught;

(2) district's course performance standards; and

(3) district's collection of information on and documentation of student performance.

(j) A district that offers a course of study that meets the requirements of this section but does not clearly fall within the course names used in this section may request approval from the department that the course or courses meet the requirements by completing a form provided by the department.

(k) In determining a student's eligibility for a scholarship, in addition to a qualifying unit of credit earned in grades 9 - 12, a school district shall include the student's completion of a high-school level course in an earlier grade if the course

(1) meets the content standards for a grade 9 - 12 course;

(2) meets the appropriate curriculum requirement described in (a) - (d) of this section; and

(3) appears on the student's high school transcript.

History

Authority: AS 14.07.060Sec. 8, ch. 14, AS 14.43.810SLA 2010
Eff. 11/4/2010, Register 196; am 2/25/2011, Register 197; am 3/24/2012, Register 201; am 2/16/2013, Register 205; am 10/26/2022, Register 244; am 9/5/2025, Register 255

4 AAC 43.035 Grace period for curriculum requirements {#sec-4-aac-43.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 43.035}

Repealed.

History

Eff. 2/25/2011, Register 197; am 6/25/2011, Register 198; repealed 6/6/2015, Register 214

4 AAC 43.040 Procedures for home-based education and certain religious or other private schools {#sec-4-aac-43.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 43.040}

(a) To establish eligibility for an Alaska performance scholarship, a student who is not enrolled in a public school program and who completes a home-based education program in the state, or who graduates from a religious or other private school accredited under 4 AAC 04.300(c) that does not elect to comply with AS 14.45.100 - 14.45.130, shall apply to the department no later than July 15 of the year the student intends to enroll at an eligible postsecondary institution. The application must be in writing, on a form provided by the department, and must include documentation demonstrating

(1) proof of results achieved on a standardized examination that meet the requirements of 4 AAC 43.020(a), (b), or (c); and

(2) completion of the curriculum requirements in 4 AAC 43.030.

(b) No later than 15 days after receipt of a complete application under (a) of this section, the department will provide the student with a written notice of eligibility. In that notice, the department will state whether the student is eligible for a scholarship, and, if eligible, the student's maximum level of scholarship eligibility.

(c) A student who is denied eligibility for a scholarship under this section or wishes to dispute the department's determination of the student's maximum level of scholarship eligibility may appeal the department's determination by sending a written request for appeal no later than 15 days after the department issues the notice of eligibility.

(d) A request for appeal under (c) of this section must include

(1) the name, mailing address, and telephone number of the appellant;

(2) the relief requested in the appeal;

(3) a short and concise statement identifying the reasons supporting a reversal or modification of the department's eligibility determination; and

(4) all documents, papers, or other materials that support a reversal or modification of the department's eligibility determination.

(e) The commissioner will designate a reviewer who did not participate in the department's initial determination of scholarship eligibility to review a timely request for appeal received under (c) of this section. The reviewer shall consider all information and materials submitted and issue a written decision that determines the student's eligibility for a scholarship, and if eligible, the student's level of eligibility. The reviewer's decision is the final decision of the department. Notice of the department's decision will be sent to the student no later than 45 days after the department receives the notice of appeal.

History

Authority: AS 14.07.060; AS 14.43.810
Eff. 11/4/2010, Register 196; am 6/6/2015, Register 214

4 AAC 43.045 Extensions of eligibility period {#sec-4-aac-43.045 omnilex-key=us-ak-regs-official--title-4--4 AAC 43.045}

A student may remain eligible for longer than six years after the date of the student's graduation from high school if the student submits to the commissioner a written request for a scholarship eligibility extension. The request must be accompanied by a signed statement from the institution of higher learning in which the student is admitted or enrolled attesting that the student has experienced or is experiencing an enrollment delay due to the availability of coursework required by the degree program the student is pursuing, and that the enrollment delay is beyond the student's control. The eligibility extension request must be postmarked no later than 30 days before the student 's period of scholarship eligibility under AS l4.43.825(b) is set to expire. Nothing in this section permits a student to receive a scholarship for more semester hours than is permitted under AS 14.43.825.

History

Authority: AS 14.07.060; AS 14.43.825
Eff. 6/6/2015, Register 214

4 AAC 43.900 Definitions {#sec-4-aac-43.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 43.900}

In this chapter, unless context indicates otherwise,

(1) "ACT" means the ACT high school achievement and college admissions examination administered by ACT, Inc.;

(2) "Alaska performance scholarship" means the scholarship program established under AS 14.43.810 - 14.43.849;

(3) "Alaska performance achievement scholarship" means an Alaska performance scholarship at the award level described under AS 14.43.825(a)(2);

(4) "Alaska performance honors scholarship" means an Alaska performance scholarship at the top award level described under AS 14.43.825(a)(1);

(5) "Alaska performance opportunity scholarship" means an Alaska performance scholarship at the award level described under AS 14.43.825(a)(3);

(6) "commissioner" means the Commissioner of Education and Early Development;

(7) "home-based education program" means an educational program that qualifies the student for an exemption under AS 14.30.010(b)(12) from the compulsory education requirement of AS 14.30.010(a);

(8) "SAT" means the SAT high school achievement and college admissions test administered by College Board, Inc.;

(9) "standardized examinations" means the ACT, SAT, or WorkKeys examinations;

(10) "unit of credit" has the meaning given in 4 AAC 06.075(f);

(11) "WorkKeys" means the WorkKeys Job Skills Assessment administered by ACT, Inc.

(12) "world languages" means non-English languages including Alaska Native, American Indian, and American Sign Language.

History

Authority: AS 14.07.060; AS 14.43.810
Eff. 11/4/2010, Register 196; am 10/26/2022, Register 244

Chapter 51 Vocational Education

Article 3 Secondary Vocational Educational Programs

4 AAC 51.200 Purpose of 4 AAC 51.200 - 4 AAC 51.390. The purpose of 4 AAC 51.200 - 4 AAC 51.390 is to establish minimum requirements for secondary vocational education programs in Alaska {#sec-4-aac-51.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.200}

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 12/4/85, Register 96

4 AAC 51.210 Program requirements. Repealed 4/9/92 {#sec-4-aac-51.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.210}

4 AAC 51.220 Local vocational education plan. Each district that offers a vocational education program under the provisions of 4 AAC 51.200 - 4 AAC 51.390 shall develop and submit to the department a vocational education plan which (a) describes the steps the district will take to ensure that each student participating in that program will have the competencies necessary to get and keep a job on graduation from high school; and (b) integrates academic and vocational education through a coherent sequence of courses so that a student may achieve both academic and occupational competencies; and (c) describes how the district will assess whether a student is achieving competencies necessary to get and keep a job {#sec-4-aac-51.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.220}

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 7/1/86, Register 96; am 12/23/88, Register 108; am 4/9/92, Register 122

4 AAC 51.230 Advisory committee. Repealed 4/9/92 {#sec-4-aac-51.230 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.230}

4 AAC 51.240 Needs assessment. Repealed 4/9/92 {#sec-4-aac-51.240 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.240}

4 AAC 51.250 Personnel qualifications. Repealed 12/23/88 {#sec-4-aac-51.250 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.250}

4 AAC 51.260 Personnel development. Repealed 4/9/92 {#sec-4-aac-51.260 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.260}

4 AAC 51.270 Equal opportunity. Repealed 4/9/92 {#sec-4-aac-51.270 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.270}

4 AAC 51.280 Vocational education for exceptional children. Repealed 4/9/92 {#sec-4-aac-51.280 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.280}

4 AAC 51.290 Curriculum. Repealed 4/9/92 {#sec-4-aac-51.290 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.290}

4 AAC 51.300 Vocational facilities and equipment. (a) Each school district shall provide equipment and facilities that are (1) capable of meeting instructional objectives; and (2) maintained to meet state and federal health and safety standards. (b) The district shall establish a written procedure for the maintenance, repair, and replacement of equipment to meet the instructional objectives of the vocational plan {#sec-4-aac-51.300 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.300}

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 12/4/85, Register 96; am 4/9/92, Register 122

4 AAC 51.310 Evaluation. The evaluation of the vocational education curriculum required by 4 AAC 05.080(e) must include input from students, former students, teachers, principals, counselors, and the business community {#sec-4-aac-51.310 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.310}

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 7/1/86, Register 96; am 4/9/92, Register 122

4 AAC 51.320 Vocational student leadership organization. Repealed 4/9/92 {#sec-4-aac-51.320 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.320}

4 AAC 51.330 Vocational guidance and placement. (a) Each district shall establish procedures for providing career and vocational guidance services. (b) The services must include (1) distribution to potential students, parents, and other interested parties of a written description of the vocational plan offered; and (2) access to information regarding advanced training, employment, or placement {#sec-4-aac-51.330 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.330}

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 12/4/85, Register 96; am 4/9/92, Register 122

4 AAC 51.340 Secondary vocational education programs. (a) Repealed 6/2/2004. (b) The vocational education plan must be submitted on forms provided by the department to the Department of Education and Early Development, 801 West Tenth St., Suite 200, Juneau, AK 99801-1894. (c) To be approved, the local vocational education plan must meet the requirements of 4 AAC 51.200 - 4 AAC 51.330. (d) Repealed 6/2/2004. (e) Repealed 4/9/92. (f), (g) Repealed 9/17/93 {#sec-4-aac-51.340 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.340}

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 7/1/86, Register 96; am 2/24/88, Register 105; am 4/9/92, Register 122; am 9/17/93, Register 127; am 6/2/2004, Register 170

4 AAC 51.350 Program review. Repealed 4/9/92 {#sec-4-aac-51.350 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.350}

4 AAC 51.360 Waiver. Repealed 4/9/92 {#sec-4-aac-51.360 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.360}

4 AAC 51.390 Definitions. In 4 AAC 51.200 - 4 AAC 51.390, (1) "curriculum" means the instructional program content as approved by the department; (2) "program" means a logically sequenced set of instructional outcomes; (3) "vocational education" means organized programs, approved by the department, for grades seven through twelve, that prepare individuals for paid or unpaid employment, or for further education {#sec-4-aac-51.390 omnilex-key=us-ak-regs-official--title-4--4 AAC 51.390}

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.35.020
Eff. 12/4/85, Register 96; am 4/9/92, Register 122; am 2/10/2018, Register 225

Chapter 52 Education for Children with Disabilities and Gifted Children

Authority: AS 14.07.060; AS 14.30.231; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 9/23/2007, Register 183; am 12/25/2020, Register 236

Article 2 Program Administration: Children with Disabilities

4 AAC 52.090 District responsibility {#sec-4-aac-52.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.090}

(a) Each district shall administer a program offering special education and related services in order to provide a free appropriate public education (FAPE) program for children with disabilities ages 3 - 21, if less than 22 on July 1 of the school year, who reside in the district, including

(1) highly mobile children, such as migrant or homeless children;

(2) children being educated in their homes by a parent;

(3) children who have been expelled or suspended from school; and

(4) children enrolled in

(A) public schools, including charter schools and the district's correspondence study program;

(B) private schools; and

(C) educational programs in correctional facilities in the district, except for individuals 18 - 21 years of age who are incarcerated in an adult correctional facility unless 34 C.F.R. 300.102(a)(2) requires that those individuals be provided a FAPE; 34 C.F.R. 300.102(a)(2), as revised as of October 13, 2006, is adopted by reference.

(b) A district that offers a statewide correspondence study program that enrolls children who reside outside of the district shall administer a program offering special education and related services to children enrolled in the program, and shall coordinate its provision of those services with the district of residence as specified in 4 AAC 33.432.

History

Authority: AS 14.07.060; AS 14.30.180; AS 14.30.186
Eff. 8/22/2001, Register 159; am 8/24/2002, Register 163; am 9/1/2006, Register 179; am 8/30/2007, Register 183

4 AAC 52.100 Child find {#sec-4-aac-52.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.100}

(a) Each district shall establish and implement written procedures for identifying all children with disabilities ages 3 - 21 who reside in the district, regardless of the severity of the disability, for whom the district is responsible to provide, and who need special education and related services under 4 AAC 52.090. The procedures established must include

(1) annual public notice that states the

(A) type of disabilities that qualify as a disabling condition;

(B) the educational needs of children with disabilities;

(D) special services available within the district;

(E) confidentiality protections; and

(F) person to contact for information and how to contact that person;

(2) a screening program, which may be operated in cooperation with other public agencies, to include health, vision, hearing, general development and basic skills, primary language and culture, and daily skills in home and community obtained through parental input; and

(3) referral for evaluation of children suspected to be children with disabilities.

(b) Annual public notice under (a)(1) of this section must be reasonably calculated to reach all persons within the district and all persons responsible for children who are enrolled in the district's statewide correspondence study program and must include, as appropriate, the dissemination of information through public meetings, posters, newspapers, radio, and television. A district shall provide notice in each language in which a bilingual program is offered in the district under AS 14.30.400 and 4 AAC 34.055.

(c) The procedures established under (a) of this section must ensure that a child who is suspected of being a child with a disability and in need of special education and related services under this chapter is identified and provided with a FAPE, even if the child is advancing from grade to grade.

History

Authority: AS 14.07.060; AS 14.30.180 - AS 14.30.350
Eff. 7/1/83, Register 86; am 6/9/85, Register 94; am 7/16/89, Register 111; am 11/26/93, Register 128; am 8/22/2001, Register 159

4 AAC 52.110 Referral {#sec-4-aac-52.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.110}

Repealed.

History

Eff. 7/1/83, Register 86; am 6/9/85, Register 94; repealed 8/22/2001, Register 159

4 AAC 52.115 Timelines {#sec-4-aac-52.115 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.115}

(a) Not later than 90 calendar days after obtaining parental consent for an initial evaluation or reevaluation of eligibility, the district shall evaluate the referred child, develop an IEP if the child is determined to be eligible and parental consent for services is obtained, and provide the child with special education and related services.

(b) A district remains obligated under AS 14.30.278 to develop an IEP not later than 30 days after the determination of the child's eligibility.

History

Authority: AS 14.07.060; AS 14.30.278 AS 14.30.180; AS 14.30.350
Eff. 7/16/89, Register 111; am 9/7/2012, Register 203

4 AAC 52.120 Evaluation {#sec-4-aac-52.120 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.120}

Each district shall conduct a full individual evaluation of a child who is referred under 4 AAC 52.100, in conformance with the procedures and requirements of 34 C.F.R. 300.301 - 300.302, 300.304 - 300.306, and 300.308 - 300.311, as revised as of October 13, 2006, and adopted by reference, before any action is taken

(1) regarding the initial placement of a child with a disability in a special education program;

(2) to determine whether the child is eligible for special education and related services under 4 AAC 52.130; and

(3) to determine the educational needs of the child.

History

Authority: AS 14.07.060; AS 14.30.191
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 11/23/94, Register 132; am 8/22/2001, Register 159; am 8/30/2007, Register 183

4 AAC 52.125 Eligibility {#sec-4-aac-52.125 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.125}

(a) To determine a child's eligibility for special education and related services under 4 AAC 52.130, a district shall, in conformance with 34 C.F.R. 300.306, adopted by reference in 4 AAC 52.120,

(1) in interpreting evaluation data draw upon information from a variety of sources, including aptitude and achievement tests, current classroom-based assessments and observation by the teacher and related service providers, physical condition, social or cultural background, information provided by the parents, and adaptive behavior;

(2) provide that the eligibility decision be made by a group consisting of qualified professionals and a parent of the child; and

(3) require the group described in (2) of this subsection to provide a written and dated statement confirming the determination of eligibility.

(b) A district shall give a parent of the evaluated child a copy of the evaluation report and the documentation of the determination of eligibility at no cost to the parent.

History

Authority: AS 14.07.060; AS 14.30.191
Eff. 7/16/89, Register 111; am 11/23/94, Register 132; am 8/22/2001, Register 159; am 8/30/2007, Register 183

4 AAC 52.130 Criteria for determination of eligibility {#sec-4-aac-52.130 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.130}

(a) Repealed 8/22/2001.

(b) To be eligible for special education and related services as a child with cognitive impairment, a child must

(1) score two or more standard deviations below the national norm on an individual standardized test of intelligence, and exhibit deficits in adaptive behavior manifested during the developmental period which adversely affect the child's educational performance;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed as cognitively impaired by a psychiatrist, or by a psychologist who is licensed under AS 08.86, certified under 4 AAC 12.355, or endorsed under 4 AAC 12.395; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(1) exhibit a specific learning disability as defined in

(A) 34 C.F.R. 300.8(c)(10), as revised as of October 13, 2006, and adopted by reference; and

(B) 34 C.F.R. 300.309, adopted by reference in 4 AAC 52.120;

(2) require special facilities, equipment, or methods to make the child's education program effective; and

(3) be certified by the group established under 4 AAC 52.125(a)(2) in the manner set out in 34 C.F.R. 300.308, adopted by reference in 4 AAC 52.120, as qualifying for and needing special education services.

(d) To be eligible for special education and related services as a child with an emotional disturbance, a child must

(1) be emotionally disturbed as defined in 34 C.F.R. 300.8(c)(4), as revised as of October 13, 2006, and adopted by reference;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed as emotionally disturbed by a psychiatrist, or by a psychologist who is licensed under AS 08.86, certified under 4 AAC 12.355, or endorsed under 4 AAC 12.395; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(e) To be eligible for special education and related services as a child who is deaf, a child must

(1) exhibit a hearing impairment that hinders the child's ability to process linguistic information through hearing, with or without amplification, and that adversely affects educational performance;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed by a physician or audiologist as deaf; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(f) To be eligible for special education and related services as a child with a hearing impairment, a child must

(1) exhibit a hearing impairment, whether permanent or fluctuating, that adversely affects educational performance, but is not within the meaning of (e) of this section;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed by a physician or audiologist as hard of hearing; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(g) To be eligible for special education and related services as a child who is deaf and blind, a child must

(1) exhibit concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that the child cannot be accommodated in a special education program solely for deaf or blind children;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed by an optometrist or ophthalmologist and by a physician or audiologist, as appropriate, as deaf-blind; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(h) To be eligible for special education and related services as a child with an orthopedic impairment, a child must

(1) exhibit a severe orthopedic impairment, including impairments caused by congenital anomaly, disease, or other causes, that adversely affects educational performance;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed by a physician as orthopedically impaired; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(i) To be eligible for special education and related services as a child with a visual impairment, a child must

(1) exhibit

(A) a visual impairment, not primarily perceptual in nature, resulting in measured acuity of 20/70 or poorer in the better eye with correction, or a visual field restriction of 20 degrees as determined by an optometrist or ophthalmologist, that, even with correction, adversely affects educational performance; or

(B) an eye condition that affects visual functioning to the extent that specially designed instruction is needed;

(2) require special facilities, equipment, materials, or methods to make the child's educational program effective as determined by a teacher of children with visual impairment; and

(3) be certified by the group established under 4 AAC 52.125(a)(2), that includes a certified teacher of children with visual impairment, as qualifying for and needing special education services.

(j) To be eligible for special education and related services as a child with a speech or language impairment, a child must

(1) exhibit a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects educational performance;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed by a physician, a speech-language pathologist, or a speech-language therapist as speech or language impaired; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services;

(5) repealed 11/28/92.

(k) To be eligible for special education and related services as a child with other health impairments, a child must

(1) exhibit limited strength, vitality, or alertness due to chronic or acute health problems such as a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, fetal alcohol spectrum disorder, diabetes, or a heightened alertness to environmental stimuli, due to attention deficit disorder or attention deficit hyperactivity disorder; for a child to be eligible, a health impairment must adversely affect that child's educational performance;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed by a physician or advanced practice registered nurse as having a health impairment described in (1) of this subsection; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(l) To be eligible for special education and related services as a child with multiple disabilities, a child must

(1) exhibit two or more of the impairments set out in (b) - (i), (k), (o), and (p) of this section, the combination of which causes such severe educational problems that the child cannot be accommodated in a special education program that is appropriate for only one of the conditions;

(2) require special facilities, equipment, or methods to make the child's educational program effective;

(3) be diagnosed as set out in (b) - (i), (k), (o), and (p) of this section for each condition; and

(4) be certified by the group established under 4 AAC 52.125(a)(2) as requiring special education services that cannot be provided in a program for a single condition set out in (b) - (i), (k), (o), and (p) of this section.

(m) Repealed 8/22/2001.

(n) Except as provided in (q) of this section, to be eligible for special education and related services as a child with early childhood developmental delay, a child who is not less than three nor more than eight years of age must

(1) either

(A) function at least two standard deviations below the national norm, or 25 percent delayed in age equivalency, in at least one of the following five areas:

(i) cognitive development;

(ii) physical development, which includes fine and gross motor;

(iii) speech or language development, which includes expressive and receptive language, articulation, and fluency;

(iv) social or emotional development;

(v) adaptive-functioning, self-help skills; or

(B) function at least 1.7 standard deviations below the mean, or 20 percent delayed in age equivalency, in two or more of the five areas in (A)(i) - (v) of this paragraph;

(2) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education and related services as a child with early childhood developmental delay, as follows:

(A) the group must find that the child has learning problems that are not primarily the result of bilingualism, cultural difference, environmental disadvantage, or economic disadvantage;

(B) in evaluating the child, if it is clearly not appropriate to use a norm-referenced instrument, the group shall use another instrument, such as a criterion-referenced measure, to document the delay;

(C) the group shall base its determination of the delay and its detrimental effect on the child's daily life and educational performance on qualitative and quantitative measures, including developmental history, basic health history, observation of the child in multiple environments, and supportive evidence of how the disability adversely affects educational performance; and

(3) need special facilities, equipment or methods to make the child's educational program effective.

(o) To be eligible for special education and related services as a child with autism, a child must

(1) exhibit

(A) a developmental disability significantly affecting verbal and non-verbal communication and social interaction that adversely affects educational performance; this type of developmental disability is generally evident before the child reaches three years of age; or

(B) other characteristics often associated with autism such as engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, or unusual responses to sensory experiences that adversely affect educational performance;

(2) not have educational performance adversely affected primarily by an emotional disturbance, as defined in 34 C.F.R. 300.8(c)(4), adopted by reference in (d)(1) of this section;

(3) require special facilities, equipment, or methods to make that child's educational program effective;

(4) be diagnosed as autistic by a psychiatrist or other physician, an advanced nurse practitioner authorized to practice under 12 AAC 44.380 in pediatrics, family health, or family psychiatric/mental health, and who has in effect a written plan that includes pediatric neurodevelopment in the clinical scope of practice, as required under 12 AAC 44.400, or a psychologist licensed under AS 08.86, certified under 4 AAC 12.355, or endorsed under 4 AAC 12.395; and

(5) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(p) To be eligible for special education and related services as a child with traumatic brain injury, a child must

(1) exhibit an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment or both, that adversely affects educational performance;

(2) exhibit impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech caused by open or closed head injuries;

(3) not have brain injuries that are congenital or degenerative, or induced by birth trauma;

(4) require special facilities, equipment, or methods to make the child's educational program effective;

(5) be diagnosed by a physician as having a traumatic brain injury; and

(6) be certified by the group established under 4 AAC 52.125(a)(2) as qualifying for and needing special education services.

(q) If a district does not use the criteria in (n) of this section to determine a child's eligibility for special education and related services, with regard to a child with early childhood developmental delay, the district shall apply the criteria of (b) - (l), (o), or (p) of this section.

History

Authority: AS 14.07.020; AS 14.30.180; AS 14.30.335 AS 14.07.060; AS 14.30.274
Eff. 7/1/83, Register 86; am 6/9/85, Register 94; am 7/16/89, Register 111; am 11/28/92, Register 124; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 9/29/2005, Register 175; am 8/30/2007, Register 183; am 8/19/2009, Register 191; am 11/28/2009, Register 192; am 9/9/2016, Register 219; am 5/28/2026, Register 258

4 AAC 52.140 Individualized education program {#sec-4-aac-52.140 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.140}

(a) Each district shall initiate and conduct an individualized education program (IEP) team meeting to develop, review, and revise a written IEP for each child who is eligible for services under 4 AAC 52.130 and AS 14.30.186.

(b) An IEP must be developed

(1) through an IEP team process that meets the requirements of 34 C.F.R. 300.320 - 300.328, adopted by reference in (f) of this section;

(2) no later than 30 days after determination of eligibility for special education services;

(3) by the IEP team for each child's initial IEP, and the team shall conduct each review and revision of an IEP, in strict conformance with the content standards and process requirements of 34 C.F.R. 300.324 - 300.325, adopted by reference in (f) of this section.

(c) An initial IEP must be developed before a child's third birthday and be implemented on the child's third birthday, unless the birthday occurs during scheduled school vacation, in which case the IEP team shall determine when services must be initiated, if the child is served by an infant learning program under AS 47.20.070 and is determined by the district to qualify as a child with disabilities under this chapter.

(d) An IEP team must review, and revise if necessary, each IEP on an annual basis or more frequently if conditions warrant. An IEP may be developed or revised only by an IEP team. If an eligible child is convicted as an adult under state law and incarcerated in an adult prison, the child's IEP team may modify the child's IEP or placement if the district demonstrates a security or compelling penological interest that cannot otherwise be accommodated.

(e) If a child with a disability who requires special education and related services is placed outside of the child's resident district by the district, in accordance with the placement requirements of 4 AAC 52.150, it is the resident district's responsibility to assure that an IEP for that child is developed and implemented.

(f) For the purposes of this section, 34 C.F.R. 300.320 - 300.328, as revised as of October 13, 2006, is adopted by reference.

(g) In describing how the child's progress toward meeting annual goals is measured and reported, as required under 34 C.F.R. 300.320(a)(3), as revised as of October 13, 2006, and adopted by reference, an IEP team shall include in the IEP for the child a statement of benchmarks or short-term objectives designed to facilitate progress toward meeting the annual goals.

History

Authority: AS 14.07.060; AS 14.30.278; AS 14.30.335
Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/30/2007, Register 183; am 9/23/2007, Register 183

4 AAC 52.142 Individualized family service plan {#sec-4-aac-52.142 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.142}

(a) For a child with a disability, three through five years of age, an individualized family service plan (IFSP) that contains the material required by 20 U.S.C. 1436 (Individuals with Disabilities Education Act) and that is developed in accordance with 34 C.F.R. 300.321 - 34 C.F.R. 300.325, and 300.327 - 300.328, adopted by reference in 4 AAC 52.140(f), may serve as the IEP for the child if using that plan as the IEP is agreed to by the district and at least one of the child's parents.

(b) In implementing (a) of this section, and as required in 34 C.F.R. 300.323(b)(2), adopted by reference in 4 AAC 52.140(f), the district shall

(1) provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

(2) obtain written, informed consent from a parent that chooses an IFSP.

(c) For the purposes of this section "individualized family service plan" and "IFSP" have the same meaning given those terms in 34 C.F.R. 300.24, as revised as of October 13, 2006, and adopted by reference.

History

Authority: AS 14.07.060; AS 14.30.278; AS 14.30.335
Eff. 8/22/2001, Register 159; am 8/30/2007, Register 183; am 12/25/2020, Register 236

4 AAC 52.144 Extended school year {#sec-4-aac-52.144 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.144}

(a) Each district shall ensure that extended school year services are available as necessary to provide a FAPE if a child's IEP team determines, on an individual basis, in accordance with the requirements of 34 C.F.R. 300.106, as revised as of October 13, 2006, and adopted by reference, that the services are necessary for the provision of FAPE to the child. Extended school year services must be clearly set out in a child's IEP.

(b) As used in this section, "extended school year services" means special education and related services that are provided to a child with a disability

(1) beyond the normal school year;

(2) in accordance with the child's IEP; and

(3) at no cost to the parents of the child.

History

Authority: AS 14.07.060; AS 14.30.278; AS 14.30.335
Eff. 8/22/2001, Register 159; am 8/30/2007, Register 183

4 AAC 52.145 Transition services {#sec-4-aac-52.145 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.145}

(a) Each statement of transition services in the IEP of a child with disabilities must include a coordinated set of activities, designed within an outcome-oriented process, that promotes movement from school to post-school activities. Those activities include postsecondary education, vocational training, integrated employment such as supported employment, continuing and adult education, adult services, independent living, and community participation.

(b) The set of activities developed under (a) of this section must be based on that child's needs, taking into account the child's preferences and interests. Those activities must address the child's needs in the areas of instruction, related services, community experiences, the development of employment and other post-school adult-living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.

(c) If the child does not attend the IEP meeting to plan for transition services, the district shall take other steps to ensure that the child's preferences and interests are considered in the planning for those services.

(d) Transition services for a child with disabilities may be considered special education, if the transition services are provided as a part of specially designed instruction. Additionally, transition services for that child may be considered related services, if the transition services are required to assist a child with disabilities to benefit from special education.

(e) With the consent of the parents of the child or the consent of a child who has reached the age of 18 years, and to the extent appropriate, a district shall invite a representative of a participating agency to an IEP meeting regarding the child's transition services. If the participating agency does not send a representative to the IEP meeting, the district shall take other steps to obtain the participation of the agency in the planning for transition services.

(f) If a participating agency fails to provide agreed upon transition services contained in the IEP of a child with disabilities, the district responsible for the child's education shall, as soon as possible, initiate a meeting for the purpose of identifying alternative strategies to meet the transition objectives and, if necessary, review the child's IEP.

(g) Nothing in this section relieves a participating agency from the responsibility to provide or pay for a transition service that the agency would otherwise provide to a child with disabilities who meets the eligibility criteria of that agency.

(h) As used in this section, "participating agency" means a state or local agency, other than the district responsible for the child's education, that is financially and legally responsible for providing transition services to the child.

History

Authority: AS 14.07.060; AS 14.30.285 AS 14.30.278; AS 14.30.335
Eff. 11/26/93, Register 128; am 8/22/2001, Register 159; am 9/23/2007, Register 183

4 AAC 52.148 Assistive technology {#sec-4-aac-52.148 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.148}

Each district shall ensure that assistive technology devices and assistive technology services are made available to a child with a disability who needs devices or services for supplementary aids and services in regular classes or in the child's home or other setting in order to receive a FAPE. The child's IEP team shall determine the necessity of those devices and services on a case-by-case basis.

History

Authority: AS 14.07.060; AS 14.30.186; AS 14.30.335
Eff. 11/26/93, Register 128; am 8/22/2001, Register 159

4 AAC 52.150 Placement {#sec-4-aac-52.150 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.150}

(a) In determining the educational placement of a child with a disability, each district shall ensure that the child's placement is made in conformance with the requirements of 34 C.F.R. 300.116, as revised as of October 13, 2006, and adopted by reference.

(b) If a district determines that the student's IEP cannot reasonably be implemented within the district, any out-of-district placement shall be determined in the following priority order:

(1) first, to the in-state placement option that provides the most practicable access from the district;

(2) second, to whatever in-state placement is available; and

(3) out-of-state placement only if no in-state placement is available that can provide a FAPE for the child.

(c) A district must obtain consent of a child's parent before a child may be transferred by the district to a school outside of the district in which the child resides.

History

Authority: AS 14.07.060; AS 14.30.191; AS 14.30.285
Eff. 7/1/83, Register 86; am 1/5/87, Register 101; am 7/16/89, Register 111; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/30/2007, Register 183

4 AAC 52.155 Unilateral placement by parents or other custodians {#sec-4-aac-52.155 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.155}

(a) A district or a state educational agency responsible for providing education to children with disabilities is not responsible to pay for the cost of education and related services of a child with a disability who is enrolled at a private school or facility by a parent or other custodian of the child if

(1) the district or state education agency made a FAPE available to the child under an IEP process as provided in 4 AAC 52.140 and 4 AAC 52.150; and

(2) the parent or other custodian elects to unilaterally place the child in a private school or facility without complying with the placement requirements of 4 AAC 52.150.

(b) Notwithstanding the requirements in (a) of this section, the responsible district shall include all children with disabilities under AS 14.30.340.

(c) Disagreements between a parent or other custodian of a child with a disability and the district or state education agency regarding whether the placement decision reached by the district under 4 AAC 52.150 offered an appropriate education for the child, and regarding the financial responsibility for the alternative placement chosen by the parent or other custodian, are subject to the due process hearing procedures of 4 AAC 52.550.

(d) In determining the financial responsibility of a district or state education agency for an alternative educational placement under (c) of this section, a parent's or other custodian's entitlement to reimbursement shall be determined in accordance with the provisions and limitations of 34 C.F.R. 300.148(c) - (e), as revised as of October 13, 2006, and adopted by reference.

History

Authority: AS 14.07.060; AS 14.30.276; AS 14.30.340 AS 14.30.186; AS 14.30.278
Eff. 8/22/2001, Register 159; am 8/9/2002, Register 163; am 8/30/2007, Register 183

4 AAC 52.160 Application for assistance from the department {#sec-4-aac-52.160 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.160}

Repealed.

History

Eff. 7/1/83, Register 86; am 11/15/87, Register 101; am 7/16/89, Register 111; repealed 8/22/2001, Register 159

4 AAC 52.170 Least restrictive environment {#sec-4-aac-52.170 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.170}

(a) A child with a disability must be placed in the least restrictive environment that can provide a FAPE for the child, in conformance with the requirements of 34 C.F.R. 300.114(a)(2), 300.115, and 300.117, as revised as of October 13, 2006, and adopted by reference.

(b) Services and activities provided by a district to a child with a disability in a nonacademic setting must conform to the standards and requirements of C.F.R. 300.305, adopted by reference in 4 AAC 52.120.

(c) Each district shall ensure that a hearing aid worn in school by a student with a hearing impairment, including deafness, is functioning properly.

(d) Each district shall ensure that the external components of a surgically implanted medical device of a child who is receiving special education and related services is functioning properly, except that a district is not responsible for the post-surgical maintenance, programming, or replacement of the device.

History

Authority: AS 14.07.060; AS 14.30.278 AS 14.30.276; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/9/2002, Register 163; am 5/24/2003, Register 166; am 8/30/2007, Register 183

4 AAC 52.180 Reevaluation {#sec-4-aac-52.180 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.180}

(a) A district shall reevaluate each child with a disability, in the manner set out in 4 AAC 52.120 and 4 AAC 52.125, to determine whether the child remains eligible for services under 4 AAC 52.130 and to determine the educational needs of the child. The reevaluation may not occur more than once per year, unless the parent and the district agree otherwise, and must occur at least once every three years.

(b) The reevaluation shall be carried out by a group consisting of qualified professionals and a parent of the child. The group shall

(1) review existing evaluation data on the child, including evaluations and information provided by a parent of the child, current classroom-based assessments and observations, and teacher and related services providers' observations; and

(2) on the basis of the review conducted under (1) of this subsection and information obtained from a parent of the child, identify any additional data needed to determine

(A) whether the child continues to have a disability;

(B) the child's present levels of performance and educational needs;

(D) whether any change is needed in the child's special education and related services to enable the child to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general curriculum.

(d) In addition to the requirements of (a) of this section, for a child with early childhood developmental delay, reevaluation by an IEP team is required before the child reaches age nine, for the purpose of determining whether the child is eligible for special education and related services under one or more of the specific disability categories set out in 4 AAC 52.130(b) - (l), (o), and (p).

(e) If the group established under (b) of this section determines that no additional data are needed, it

(1) shall notify the child's parents of that determination, the reasons for it, and the right of the parents to request an evaluation to determine whether the child continues to be a child with a disability; and

(2) is not required to conduct an additional evaluation unless requested to do so by a parent of the child.

History

Authority: AS 14.07.060; AS 14.30.274; AS 14.30.335 AS 14.30.191; AS 14.30.278
Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 9/7/2012, Register 203

4 AAC 52.190 Written notice to parent {#sec-4-aac-52.190 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.190}

Each district shall comply with the requirements of 34 C.F.R. 300.503, as revised as of October 13, 2006, and adopted by reference regarding provision of written notice to parents.

History

Authority: AS 14.07.060; AS 14.30.191
Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 11/23/94, Register 132; am 8/22/2001, Register 159; am 8/30/2007, Register 183

Informed consent of a parent must be obtained by a district in all circumstances dictated by, and in conformance with the provisions of 34 C.F.R. 300.300(a), (b), (c), and (d)(1), (3), (4), and (5) and 300.622, as revised as of March 20, 2009, and adopted by reference.

History

Authority: AS 14.07.060; AS 14.30.235 AS 14.30.191; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/9/2002, Register 163; am 8/30/2007, Register 183; am 8/19/2009, Register 191

4 AAC 52.210 Parental participation {#sec-4-aac-52.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.210}

Each district shall take steps to ensure that a parent has an opportunity to participate in meetings pertaining to the identification, evaluation, and placement of, and provision of FAPE to, that parent's child, in conformance with the requirements of 34 C.F.R. 300.501(b) and (c), as revised as of October 13, 2006, and adopted by reference.

History

Authority: AS 14.07.060; AS 14.30.278
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/30/2007, Register 183

4 AAC 52.220 Protection of records {#sec-4-aac-52.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.220}

Repealed.

History

Eff. 7/1/83, Register 86; repealed 8/22/2001, Register 159

4 AAC 52.230 Provision of services {#sec-4-aac-52.230 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.230}

Repealed.

History

Eff. 7/1/83, Register 86; am 11/26/93, Register 128; repealed 8/22/2001, Register 159

4 AAC 52.240 Cost of services {#sec-4-aac-52.240 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.240}

(a) Each district shall evaluate a child and provide special education and related services to the child in conformity with the IEP of the child at no cost to the child or parent.

(b) This section does not prohibit incidental fees that are normally charged to children who do not have disabilities as part of the regular education program, and does not relieve an insurer or similar third party from an otherwise valid obligation to provide or pay for services provided to a child with disabilities.

History

Authority: AS 14.07.060; AS 14.30.335 AS 14.30.180; AS 14.30.350
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159

4 AAC 52.250 Special education aides {#sec-4-aac-52.250 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.250}

(a) A person employed as a special education aide shall be trained by a special education teacher or specialist certificated under 4 AAC 12.330 or 4 AAC 12.365, or licensed under AS 08.11, AS 08.84, or AS 08.86 to provide the services with which the aide will assist.

(b) Before a special education aide assists in providing direct special education or related services to a child, or concurrent with providing direct special education or related services to a child, the district shall provide and document a minimum of six hours of annual training, in the aggregate, to the aide regarding

(1) the child's disability;

(2) the content of the child's IEP;

(3) the instructional and safety procedures to be used; and

(4) confidentiality procedures.

(c) Each special education aide employed by the district to assist in providing special education to a child shall be supervised, by video conference or on-site, by the certificated special education teacher responsible for the child's program. The child's IEP team shall make an individualized determination of the frequency of video conference or on-site supervision for each program. A district shall provide for video conference or on-site supervision at least once every month.

(d) Each special education aide employed by the district to assist in providing related services to a child shall be supervised, by video conference or on-site, by the certificated or licensed related services provider responsible for the child's program. The child's IEP team shall make an individualized determination of the frequency of video conference or on-site supervision for each related service. A district shall provide for video conference or on-site supervision at least once every month.

History

Authority: AS 14.07.060; AS 14.30.180; AS 14.30.250
Eff. 7/1/83, Register 86; am 6/9/85, Register 94; am 7/16/89, Register 111; am 8/22/2001, Register 159; am 9/29/2005, Register 175; am 9/23/2007, Register 183; am 5/28/2026, Register 258

4 AAC 52.252 Program supervision {#sec-4-aac-52.252 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.252}

(a) Each special education program provided to a child through the assistance of a certificated regular education teacher must be reviewed, by video conference or on-site, by the certificated special education teacher responsible for the child's program. The child's IEP team shall make an individualized determination of the frequency of video conference or on-site supervision for each program. A district shall provide for video conference or on-site supervision at least once every month.

(b) Each related services program provided to a child through the assistance of a certificated regular or special education teacher must be reviewed, by video conference or on-site, by the certificated or licensed related services provider responsible for the child's program. The child's IEP team shall make an individualized determination of the frequency of video conference or on-site supervision for each related service. A district must provide for video conference or on-site supervision at least once every month.

History

Authority: AS 14.07.060; AS 14.30.180; AS 14.30.350
Eff. 7/16/89, Register 111; am 9/23/2007, Register 183; am 5/28/2026, Register 258

4 AAC 52.255 Interpreters {#sec-4-aac-52.255 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.255}

An interpreter provided as part of a program of special education and related services for a child with a disability who is deaf must be certified by the National Registry of Interpreters for the Deaf, or must be enrolled and progressing in a program that meets the standards developed by the Board of Education and Early Development's Advisory Board for the Deaf and Hard of Hearing.

History

Authority: AS 14.07.060; AS 14.30.180 - AS 14.30.350
Eff. 7/16/89, Register 111; am 8/22/2001, Register 159

4 AAC 52.260 Personnel development {#sec-4-aac-52.260 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.260}

Each district shall ensure that all personnel necessary to implement this chapter and 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act) or a regulation adopted under 20 U.S.C. 1400 - 1482, are appropriately and adequately prepared.

History

Authority: AS 14.07.060; AS 14.30.250; AS 14.30.255
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 9/23/2007, Register 183; am 12/25/2020, Register 236

4 AAC 52.480 Procedural safeguards notice {#sec-4-aac-52.480 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.480}

Each district shall comply with the requirements of 34 C.F.R. 300.504, as revised as of October 13, 2006, and adopted by reference, regarding the provision of notice of procedural safeguards to the parents of a child with a disability. The notice must inform the parent of any free or low-cost legal or other relevant services available in the area if the parent

(1) requests the information; or

(2) is a party to a due process hearing under AS 14.30.193 or an administrative complaint under 4 AAC 52.500.

History

Authority: AS 14.07.060; AS 14.30.272 AS 14.30.193; AS 14.30.335
Eff. 8/22/2001, Register 159; am 8/30/2007, Register 183; am 9/23/2007, Register 183

4 AAC 52.490 Mediation {#sec-4-aac-52.490 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.490}

The department will provide for a mediation system in compliance with 34 C.F.R. 300.506, as revised as of October 13, 2006 and adopted by reference.

History

Authority: AS 14.07.060; AS 14.30.194
Eff. 8/22/2001, Register 159; am 8/30/2007, Register 183

4 AAC 52.500 Administrative complaint procedure {#sec-4-aac-52.500 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.500}

(a) An organization or parent or other individual may file with the department an administrative complaint alleging that a district or other public agency has violated a requirement of AS 14.30.180 - 14.30.350, this chapter, 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), or a regulation adopted under 20 U.S.C. 1400 - 1482. However, only a parent may file a complaint alleging that a district has failed to implement a due process hearing decision issued under AS 14.30.193. The violation alleged in the administrative complaint must have occurred not more than one year before the date that the administrative complaint is received by the department. An administrative complaint may allege a systemic violation, a violation of the rights of a specific child, or both. A separate administrative complaint must be filed for each specific child whose specific rights are at issue. The department may consolidate two or more related administrative complaints for purposes of investigation, but will issue separate decisions if necessary to preserve confidentiality.

(b) An administrative complaint filed under (a) of this section must be in writing, signed by the complainant, and dated. It must be sent to the department, division of teaching and learning support, and, at the same time, to the respondent and the district that provides services to the child who is the subject of the administrative complaint. It must include the following information:

(1) the name, address, and telephone number of the complainant, and, if applicable, of the person filing the administrative complaint on the complainant's behalf;

(2) a statement alleging that a district or other public agency has violated a requirement of one or more of the laws listed in (a) of this section;

(3) a statement of the facts that form the basis for the alleged violation of law;

(4) the name of the district or other public agency listed in the statement made under (2) of this subsection. The department will consider the district or other public agency named as the respondent to the complaint;

(5) the date of each alleged violation or, in the case of an alleged continuing or systemic violation, the date that the first alleged violation took place and the history of the alleged violation up to the date of the complaint;

(6) if the complaint concerns an alleged violation of the rights of a specific child,

(A) the name, residence address, and telephone number of the child or, in the case of a homeless child or youth within the meaning of 42 U.S.C. 11434a(2) (McKinney-Vento Homeless Assistance Act), available contact information for the child;

(B) the name of the school that the child is attending;

(D) a proposed resolution of the problem to the extent known and available to the complainant at the time the complaint is filed.

(c) If the department receives a communication that appears to be intended to be an administrative complaint under this section, the department will determine whether the department may accept the complaint as submitted as meeting the procedural requirements of this section. The department will notify the complainant if the complaint does not meet those requirements, and will inform the complainant of the procedural deficiencies of the complaint. If the department accepts the complaint as meeting the procedural requirements of this section, the department will

(1) assist the complainant to clarify the allegations in the complaint, and give the complainant the opportunity to submit additional information; and

(2) advise the complainant and the respondent of the opportunity to resolve the issues in a non-adversarial manner, including an opportunity for the

(A) respondent to offer a proposal to resolve the complaint; and

(B) complainant and respondent to voluntarily resolve the complaint thorough mediation under 4 AAC 52.490.

(d) The department will conduct an independent investigation of an unresolved administrative complaint. The investigation may include

(1) interviews of the complainant and respondent, including their employees, if any;

(2) a review of relevant documentation as determined by the department; and

(3) an on-site investigation.

(e) Unless the complainant and the respondent resolve the allegations identified in the administrative complaint, within 60 days after a complaint was accepted under (c) of this section, the department will issue to the complainant and respondent a written decision. The department will extend the 60-day period if it determines that exceptional circumstances exist, or if the complainant and the respondent have agreed to mediate the dispute under 4 AAC 52.490. The department will document the reasons for extending the 60-day period. The decision issued by the department will include

(1) a summary of the administrative complaint;

(2) a summary of the investigation;

(3) findings of fact;

(4) conclusions that address each allegation in the administrative complaint, including the reasons for the decision; and

(5) if a violation has been found, an order requiring cessation and remediation of the violation; under this paragraph, "remediation" may include compensatory education, monetary reimbursement, or corrective action, including corrective action and future provision of services for a systemic violation discovered in the investigation of a complaint regarding a specific child.

(f) If the department issues an order under (e)(5) of this section, the department will require the district or other public agency to document that it has complied with the order.

(g) If an administrative complaint contains allegations that are the subject of a pending due process hearing under AS 14.30.193 or 4 AAC 52.550, the department will set aside any part of the administrative complaint that is being addressed in the due process hearing, until the conclusion of that hearing. An allegation that is not the subject of a due process hearing will be resolved within the time limit and under the procedures specified in this section. If an issue raised in an administrative complaint has previously been decided in a due process hearing involving the same complainant and respondent, the department will inform the complainant that that hearing decision is binding on that issue, and will not investigate that issue.

(h) A decision in an administrative complaint regarding an issue that may be considered in a due process hearing under AS 14.30.193 or 4 AAC 52.550 is not a final decision and the nonprevailing complainant or respondent may request a due process hearing on that issue. If the issue may not be considered in a due process hearing, then the decision on the administrative compliant on that issue is a final decision of the department, which may be appealed to the superior court under the Alaska Rules of Appellate Procedure.

History

Authority: AS 14.07.060; AS 14.30.180; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 12/2/2000, Register 156; am 8/22/2001, Register 159; am 3/31/2002, Register 161; am 9/23/2007, Register 183

4 AAC 52.510 Parental access to records {#sec-4-aac-52.510 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.510}

(a) Except as provided in (c) of this section, each district shall permit a parent to inspect and review all educational records with respect to the identification, evaluation, and educational placement of the parent's child and the provision of a FAPE to the parent's child.

(b) A district shall

(1) provide a parent, upon request, a list of types and locations of records collected, maintained, or used by the district;

(2) respond to any reasonable request of a parent for explanation and interpretation of a record;

(3) provide a parent with a copy of a record upon request;

(4) permit a representative of the parent to inspect and review a record; and

(5) comply with a request to inspect, review, or obtain a copy of a record within a reasonable period not to exceed 10 business days and, in any case, before any meeting or hearing relating to the identification, evaluation, placement, or program of a child in which the parent may participate.

(c) A district may assume that a parent has authority to inspect and review a record relating to that parent's child unless the district has been provided reasonable grounds to believe that the parent does not have authority to do so under state law governing guardianship, dissolution, or divorce or under federal law. As required under 20 U.S.C. 1232g and 34 C.F.R. 99, as revised as of July 1, 1999, when a child reaches 18 years of age, the rights of the parent regarding that child's educational records transfer to the child.

(d) If a record includes information on more than one child, a parent may inspect and review the information relating only to that parent's child or be informed of that specific information.

(e) A district may charge a fee for copies of records that are made for parents under this section if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. A district may not charge a fee to search for or to retrieve information under this section.

History

Authority: AS 14.07.060; AS 14.30.272; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/9/2002, Register 163; am 8/24/2002, Register 163

4 AAC 52.520 Parental request for amendment of records {#sec-4-aac-52.520 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.520}

(a) A parent who believes that information in a record relating to the parent's child that is collected, maintained, or used by a district under this chapter is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child may request that the district amend the record.

(b) The district shall, within a reasonable period of time following receipt of the request, decide whether to amend the record. If the district refuses to amend the record, it shall inform the parent of the refusal and advise the parent of the right to a hearing conducted according to procedures set out in 34 C.F.R. 99.22, as revised as of July 1, 1999 and adopted by reference.

(c) If a parent requests a hearing and the district determines that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the district shall amend the record and inform the parent in writing of the amendment.

(d) If a parent requests a hearing and the district determines that the information is not inaccurate, misleading, or otherwise in violation of rights of the child, the district shall inform the parent that the parent may place with the record a statement commenting on the information, or stating any reason for disagreeing with the decision of the district. The parent's statement must be accompanied by a copy of the decision of the district.

(e) Any statement placed with a record under (d) of this section must accompany the record while the record or contested portion of the record is maintained by the district. If the record or contested portion of the record is disclosed by the district to any person, the statement must also be disclosed.

History

Authority: AS 14.07.060; AS 14.30.272 AS 14.30.193; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 11/23/94, Register 132; am 8/22/2001, Register 159; am 8/9/2002, Register 163

4 AAC 52.530 Release of records; disciplinary records {#sec-4-aac-52.530 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.530}

(a) Each district shall obtain written consent of a parent before disclosing, for any purpose other than meeting the requirements of this chapter, personally identifiable information relating to that parent's child, that is collected, maintained, or used by the district under this chapter, to any person other than

(1) a school official, including a teacher or a contract service provider, who has a legitimate educational interest;

(2) an official of a school or school system to which the student transfers enrollment or intends to enroll, upon condition that a parent be notified of the disclosure, offered a copy of the record, and notified of the parent's right to request amendment of the record under 4 AAC 52.520; and

(3) a representative of the federal comptroller general, United States Department of Education, or the department.

(b) If a parent refuses to consent to the release of a record, the district may initiate a hearing conducted according to procedures set out in 34 C.F.R. 99.22, as revised as of July 1, 1999.

(c) If a child with a disability transfers to another school, each district shall transmit with other student records, including the child's current IEP, all statements of current and previous disciplinary action regarding the child, to the same extent that disciplinary information would be included in and transmitted with the records of a child without a disability.

(d) Statements of disciplinary action must include a description of

(1) the behavior engaged in by the child that required the disciplinary action;

(2) the action taken; and

(3) any other information that is relevant to the safety of the child and other individuals involved with the child.

(e) To the extent permitted by 20 U.S.C. 1232g (the Family Educational Rights and Privacy Act), a district that reports a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.

History

Authority: AS 14.07.060; AS 14.30.272 AS 14.30.193; AS 14.30.335
Eff. 7/1/83, Register 86; am 8/22/2001, Register 159; am 8/9/2002, Register 163

4 AAC 52.540 Parental right to independent evaluation {#sec-4-aac-52.540 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.540}

(a) The parent of a child with a disability has the right to obtain an independent educational evaluation of the child in conformance with the provisions of 34 C.F.R. 300.502, as revised as of October 13, 2006, and adopted by reference.

(b) Each district shall provide to a parent, upon request, information about where an independent educational evaluation may be obtained, and the district's criteria under which a district evaluation is obtained including the location of the evaluation and the qualifications of the examiner.

(c) An independent educational evaluation shall be provided at district expense unless, without unreasonable delay, the district initiates a due process hearing under 4 AAC 52.550 and the hearing officer rules that the

(1) district's evaluation is appropriate; or

(2) evaluation obtained by the parent did not meet agency criteria.

History

Authority: AS 14.07.060; AS 14.30.191
Eff. 7/1/83, Register 86; am 8/22/2001, Register 159; am 8/30/2007, Register 183

4 AAC 52.550 Due process hearing {#sec-4-aac-52.550 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.550}

(a) The department will make available to the public an optional model form for filing a complaint for a due process hearing under AS 14.30.193. A parent must file a complaint for a due process hearing in the timelines established in AS 14.30.193(a); a district must file a complaint for a due process hearing within 60 days after a parent takes the action or inaction that is the subject of the complaint. The department may not be joined as a party to a due process hearing unless the department is directly providing services to the child or the department consents. The complaint for a due process hearing is confidential. A complaint must include

(1) the name, residence address, and telephone number of the child or in the case of a homeless child or youth within the meaning of 42 U.S.C. 11434a(2) (McKinney-Vento Homeless Assistance Act), available contact information for the child;

(2) the name of the school that the child is attending;

(3) a description of the nature of the problem of the child relating to the proposed or refused initiation or change that is the basis for the complaint, including facts relating to the problem;

(4) the signature of the person filing the complaint; and

(5) a proposed resolution of the problem to the extent known and available to the complainant at the time the complaint is filed.

(b) A respondent to a complaint for a due process hearing may file with the hearing officer an objection that the complaint is not sufficient. The objection must be filed within 15 days of the respondent's receipt of the complaint. Within five days of receipt by the hearing officer of an objection, the hearing officer shall determine whether the complaint is sufficient, and shall immediately notify the parties of the determination.

(c) The hearing officer may not consider a complaint as untimely requested under AS 14.90.193(a) if a parent was prevented from filing a complaint because the district

(1) made specific misrepresentations that it had resolved the problem forming the basis for the complaint; or

(2) withheld information from the parent that was required to be provided to the parent by AS 14.30.180 - 14.30.350, this chapter, 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), or a regulation adopted under 20 U.S.C. 1400 - 1482.

(d) A complainant may amend a complaint for a due process hearing only with the consent in writing of the respondent or by order of the hearing officer. A hearing officer will not grant a request to amend a complaint if five or fewer days remain before the due process hearing begins. An amended complaint restarts the timelines for resolution under this section and the respondent must be given an opportunity to resolve the issue that is the subject of the amendment in a resolution meeting under (f) of this section.

(e) Within 10 days of receipt of the due process complaint, the respondent must send to the complainant a response that specifically addresses the problems raised in the complaint. The response is confidential. If the respondent is a district, and the district has not sent to the parent a written notice under 4 AAC 52.190 regarding the subject matter of the complaint, the response must include

(1) an explanation of why the district proposed or refused to take the action;

(2) a description of other options that the IEP team considered and the reasons why those options were rejected;

(3) a description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and

(4) a description of the other factors that are relevant to the district's proposed or refused action.

(f) Within 15 days after receiving a due process complaint, a district shall hold a resolution meeting under 4 AAC 52.555, unless the complainant and district agree in writing to waive the resolution meeting, or the complainant and district agree to mediate the complaint as provided in 4 AAC 52.490.

(g) A hearing officer appointed under AS 14.30.193 shall conduct the due process hearing at a time and place determined by the hearing officer to be reasonably convenient to the parent and the district. The hearing officer may hold a prehearing conference for the purpose of determining scheduling, requirements for briefing and exchange of exhibits, and other administrative matters specific to the hearing. The hearing officer may hold a settlement conference if requested by the complainant and respondent, but the hearing officer may not act as a mediator under AS 14.30.194 and 4 AAC 52.490. The hearing officer shall deliver or mail a notice of the hearing to the parent at least 10 days before the hearing. The notice must be worded substantially as follows:

History

Authority: AS 14.07.060; AS 14.30.193; AS 14.30.335
Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 11/26/93, Register 128; am 11/23/94, Register 132; am 12/2/2000, Register 156; am 8/22/2001, Register 159; am 3/31/2002, Register 161; am 8/9/2002, Register 163; am 8/24/2002, Register 163; am 12/4/2002, Register 164; am 5/20/2006, Register 178; am 9/23/2007, Register 183

4 AAC 52.555 Resolution meeting {#sec-4-aac-52.555 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.555}

(a) The resolution meeting required under 4 AAC 52.550(f) must provide the

(1) parent the opportunity to discuss the issues raised in the due process complaint for a due process hearing with the IEP team; and

(2) district the opportunity to resolve the problems that are the basis for the complaint.

(b) A resolution meeting convened by a district under 4 AAC 52.550 must include the relevant members of the IEP team who have knowledge of the facts identified in the due process complaint, as determined by the parent and the district. The meeting must include a representative of the district who has authority to make legally binding decisions on behalf of the district. The meeting may not include an attorney of the district unless the parent is accompanied by an attorney. The district must make reasonable efforts to obtain the participation of a complainant in a resolution meeting and document the efforts using the procedures in 34 C.F.R. 300.322(d).

(c) Unless the complainant and the district have agreed jointly in writing to waive the resolution process or to use mediation, a parent's failure to participate in a resolution meeting will result in a delay of the due process hearing until the resolution meeting is held. If a district is unable to obtain the participation of a parent in a resolution meeting, the district may, after thirty days, request a hearing officer to dismiss the parent's complaint for a due process hearing.

(d) The complainant may ask the hearing officer to begin the due process hearing timeline if the district fails to participate in the resolution meeting or fails to hold the resolution meeting specified in this section within 15 days of receiving notice of a complainant's complaint for a due process hearing, or within seven days of receiving notice of a complainant's complaint for an expedited due process hearing in 4 AAC 52.550(l).

(e) If a resolution of a complaint for a due process hearing in 4 AAC 52.550 is reached as a result of a resolution meeting held in conformance with this section, the complainant and the district must execute a legally binding agreement that is signed by the complainant and a representative of the district who has the authority to bind the district. The agreement is enforceable as set out in 34 C.F.R 300.510(d), as revised as of October 13, 2006, and adopted by reference.

(f) By written statement the complainant or district may void an agreement made under (e) of this section within three school days of the agreement's execution.

History

Authority: AS 14.07.060; AS 14.30.193; AS 14.30.335
Eff. 9/23/2007, Register 183

4 AAC 52.560 Impartial hearing officer {#sec-4-aac-52.560 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.560}

(a) A hearing officer

(1) may not have a personal or professional interest that an independent third party could reasonably expect would conflict with the officer's objectivity in a hearing;

(2) may not, during the course of the 12 months immediately preceding appointment, have been employed by

(A) a district that is involved in the education or care of children with disabilities;

(B) a parent of a child as a representative or consultant in a due process hearing under this section or a complaint process under 4 AAC 52.500;

(3) must have participated in a training program for hearing officers developed by the department and conducted by the department or the district;

(4) must be at least 21 years of age;

(5) must possess knowledge of, and the ability to understand

(A) AS 14.30.180 - 14.30.350, this chapter, 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), or a regulation adopted under 20 U.S.C. 1400 - 1482; and

(B) legal decisions and interpretations of special education laws;

(6) must be able to conduct hearings in accordance with appropriate standard legal practice; and

(7) must possess the knowledge and ability to issue and write decisions in accordance with appropriate standard legal practice.

(b) A person who otherwise qualifies to conduct a hearing under (a) of this section is not considered an employee of the department or district solely because the person is paid by the district to serve as a hearing officer.

(c) A hearing officer is disqualified and shall voluntarily withdraw from a hearing in which the officer cannot conduct a fair and impartial hearing. A party may request the disqualification of a hearing officer by filing with the hearing officer an affidavit, before the taking of evidence at a hearing, which states the grounds for the party's belief that the hearing officer cannot conduct a fair and impartial hearing. The issue will be determined by the hearing officer.

(d) The department and each district shall keep a list of persons available to serve as hearing officers. This list must include a statement of the qualifications of each person listed.

(e) An application must be submitted to the department in order to participate in a training program to qualify as a hearing officer. The training will include review and analysis of federal and state statutes and regulations and court decisions pertaining to special education. To assure adequate training to implement AS 14.30.193, each participant must be at least a high school graduate or present evidence of equivalent formal education. The department will set class size at a level appropriate to maintain a sufficient number of hearing officers.

History

Authority: AS 14.07.060; AS 14.30.193; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/9/2002, Register 163; am 6/23/2007, Register 183

4 AAC 52.570 Appeal to department {#sec-4-aac-52.570 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.570}

Repealed.

History

Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 9/28/90, Register 115; am 11/26/93, Register 128; repealed 3/31/2002, Register 161

4 AAC 52.571 Attorney fees {#sec-4-aac-52.571 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.571}

(a) If attorney fees or costs of a party are awarded by a court in an action or proceeding brought under 20 U.S.C. 1415, a district may not pay those fees or costs with money provided under 20 U.S.C. 1411 - 1413.

(b) Notwithstanding (a) of this section, a district may use money provided under 20 U.S.C. 1411 - 1413 to conduct actions or proceedings brought under this chapter.

History

Authority: AS 14.07.060; AS 14.30.272; AS 14.30.335
Eff. 5/24/2003, Register 166

4 AAC 52.580 Placement of child during due process proceedings {#sec-4-aac-52.580 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.580}

(a) Except as provided in 4 AAC 52.550(l), and as provided in (b) - (d) of this section, during the pendency of an administrative or judicial proceeding concerning the identification, evaluation, or educational placement of a child, unless the parties agree otherwise, the child shall remain in the educational placement that preceded the placement change that gave rise to the administrative or judicial proceeding.

(b) Notwithstanding (a) of this section, if the proceedings concern an application for initial admission to school, the child must, with the consent of a parent, be admitted to school until completion of all proceedings.

(c) If a parent or a district requests a hearing or appeal regarding a disciplinary action taken under the provisions of 34 C.F.R. 300.530 - 300.536, as revised as of October 13, 2006, and adopted by reference, to challenge the placement of a child in an interim alternative educational setting or to challenge a manifestation determination, the child shall remain in that placement during the pendency of the proceeding or until the expiration of the time for the placement, whichever occurs first, unless the parties agree otherwise.

(d) Notwithstanding (a) of this section, if a hearing officer, in a decision issued in a due process hearing conducted under 4 AAC 52.550, agrees with the child's parents that a change of placement is appropriate, the district shall place the child in the requested placement during any further proceedings as if the placement were the result of an agreement under (a) of this section.

History

Authority: AS 14.07.060; AS 14.30.193; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 3/31/2002, Register 161; am 2/20/2004, Register 169; am 9/23/2007, Register 183

4 AAC 52.590 Appointment of surrogate parent {#sec-4-aac-52.590 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.590}

(a) Each district shall establish and implement written procedures for the identification of children who are entitled to the appointment of a surrogate parent, and for the appointment and removal of surrogate parents. A child is entitled to a surrogate parent if the child meets the criteria of (b) of this section and

(1) the child is 3 through 17 years of age; or

(2) the child is 18 through 21 years of age and has been adjudicated incompetent by a court.

(b) A child is entitled to a surrogate parent if

(1) the district cannot identify a parent of the child;

(2) the district, exercising reasonable diligence cannot locate at least one person acting as a parent of the child;

(3) the district locates one or more persons acting as a parent of the child, but each person affirmatively disclaims responsibility for the child's educational program and relinquishes it in writing to a surrogate parent; or

(4) the child is committed to the custody of the Department of Family and Community Services under AS 47.10.080 or AS 47.12.120.

(c) For each child entitled to a surrogate parent, the district in which the child resides shall, on a form provided by the department, appoint a person meeting the qualifications set out in 4 AAC 52.600 for a surrogate parent.

(d) In appointing a surrogate parent under (c) of this section, a district shall give preference to a member of the child's immediate or extended family, or family friend over a person having no prior involvement with the child.

(e) Repealed 11/26/93.

(f) The educational placement of a child who has been identified by the district as entitled to a surrogate parent may not be changed until 10 days after appointment of a surrogate parent.

History

Authority: AS 14.07.060; AS 47.10.084 AS 14.30.325; AS 47.12.150
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 3/31/2002, Register 161

4 AAC 52.600 Qualifications and duties of surrogate parent {#sec-4-aac-52.600 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.600}

(a) A surrogate parent must

(1) have no personal or professional interests that could conflict with the interests of the child;

(2) not be employed by the department or by a public agency that is involved in the education or care of the child; however, a district may select as a surrogate parent an individual who is an employee of an entity that is not a public agency, that only provides non-educational care for the child, and that meets the standards listed in this section;

(3) have knowledge and skills that assure adequate representation of the child; and

(4) have participated in a training program for surrogate parents developed by the department and conducted by the department or the district.

(b) A person who otherwise qualifies as a surrogate parent is not considered an employee of a public agency solely because the person is paid by the district to serve as a surrogate parent.

(c) A surrogate parent may represent the child in all matters relating to the identification, evaluation, and educational placement of the child, and the provision of a FAPE to the child.

(d) The appointment of a surrogate parent is not required for a child who lives with a foster parent, if the foster parent affirms in writing that the foster parent is able and willing to serve as the parent of the child for purposes of special education, and that the foster parent expects the child to continue living with the foster parent on an ongoing basis.

History

Authority: AS 14.07.060; AS 47.10.084 AS 14.30.325; AS 47.12.150
Eff. 7/1/83, Register 86; am 8/22/2001, Register 159; am 8/9/2002, Register 163; am 8/31/2008, Register 187

4 AAC 52.610 Removal of surrogate parent {#sec-4-aac-52.610 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.610}

(a) The procedures established under 4 AAC 52.590 must provide that a surrogate parent will be removed by the district if

(1) the surrogate parent requests removal;

(2) the surrogate parent fails to act with reasonable diligence on behalf of the child;

(3) the surrogate parent is not qualified to act as a surrogate parent under 4 AAC 52.600;

(4) the surrogate parent engages in actions which threaten the welfare of the child; or

(5) the circumstances which gave rise to appointment of the surrogate parent no longer exist.

(b) The district shall provide an opportunity for impartial review of a decision to remove a surrogate parent. The final decision of a district to remove a surrogate parent is not subject to appeal to the department.

History

Authority: AS 14.07.060; AS 14.30.180 - AS 14.30.350
Eff. 7/1/83, Register 86

4 AAC 52.620 Rights upon reaching age of majority {#sec-4-aac-52.620 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.620}

Any rights afforded a parent under this chapter accrue to a student who is eligible for services under this chapter, including a student who is incarcerated in a correctional institution, upon reaching 18 years of age, unless otherwise provided by a court of competent jurisdiction. The student's district shall notify the child and the student's parents of the transfer of these rights, as provided in the IEP in accordance with 34 C.F.R. 300.320(c), adopted by reference in 4 AAC 52.140(f). The district, in conformance with 34 C.F.R. 300.520, as revised as of October 13, 2006, and adopted by reference, shall provide any notice required by this chapter to both the student and the student's parents.

History

Authority: AS 14.07.060; AS 14.30.180
Eff. 7/1/83, Register 86; am 8/22/2001, Register 159; am 8/24/2002, Register 163; am 8/30/2007, Register 183

4 AAC 52.630 Medication {#sec-4-aac-52.630 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.630}

Districts shall comply with the medication standards contained in 34 C.F.R. 300.174, as revised as of October 13, 2006, which is adopted by reference.

History

Authority: AS 14.07.060; AS 14.30.180 AS 14.30.171; AS 14.30.335
Eff. 9/23/2007, Register 183

4 AAC 52.700 Public school foundation program {#sec-4-aac-52.700 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.700}

(a) Each district that files a plan under AS 14.17.420(b) to provide special education and related services to children with disabilities is eligible for state financial aid under AS 14.17.300 - 14.17.490.

(b) Public school foundation reports must be submitted, on forms provided by the department, to the department's division of education support services.

(c) A student is eligible for funding as an intensive student if the student has been identified for special education and the student needs and receives individual attention and services that are significantly more complex and frequent, and require significantly more resources to provide, than the services received by other special education students. The services received by an intensive student will include services necessary to meet a critical medical need, services necessary to provide for the student's health, safety, and educational needs, and special education and related services provided by qualified staff for the entire school day both in and out of the classroom setting. A student who is able to function independently, with limited or no supervision, for a substantial period of time, inside or outside the classroom setting, is not an intensive student. Intensive services do not include new services due to discipline, alcohol or illegal drug use, or criminal activity that were not already provided to the student for educational purposes. For funding purposes under AS 14.17.420, a student will not be counted as receiving intensive services unless the student needs and receives intensive services and the

(1) student's IEP provides for the following:

(A) direct daily instruction by a certified special education teacher with an endorsement under 4 AAC 12.330 or special education alternate program certificate under 4 AAC 12.340;

(B) multiple services, including related services;

(C) that all services not provided by a certified special education teacher be supervised by at least one certified special education teacher or related service provider;

(D) continuous special education programming;

(E) beginning in the school year that commences July 1, 2010, assistance and training in two or more basic adaptive skills, appropriate to the age of the student;

(F) that individual care will be provided to the student for the student's entire school day by staff who are trained to meet the student's individual needs;

(G) special transportation when the student needs transportation, except that this transportation requirement does not apply in the case of a student who has received special transportation for at least a year and no longer needs it;

(2) student experiences deaf-blindness must read Braille, or needs and receives full-time the services of a deaf education interpreter or tutor;

(3) student's IEP team determines that out-of-state residential placement is necessary; or

(4) student has a disability that prevents the student from attending a regular or special education program even with the aid of special transportation, and the IEP team's evaluation and the IEP, itself, indicate that a home-based or health-care-facility-based instructional program is appropriate to meet the student's needs; however, a student may not be counted under this paragraph as receiving intensive services if the student is placed in a detention facility, or is receiving home-based or health-care-facility-based instruction solely because of a disciplinary problem.

(d) A district may seek a department waiver, for one year, from one or more of the requirements of (c) of this section if the district needs additional money for a student whose IEP team has determined that the student's educational program includes high-cost services that do not meet the funding criteria in (c) of this section. The department will grant the waiver if the requested funding is consistent with AS 14.17.420 and this section and in the public interest. An application for a waiver must be in writing and include

(1) a statement of the component or components to be waived and the reason why the waiver is sought;

(2) the student's IEP; and

(3) any additional information that the department determines is necessary to address a particular student's needs.

(e) The department will notify a district of the action taken on a public school foundation report after receipt of the report.

(f) A district may not receive state financial aid under this section for special education or related services provided by the department.

(g) If, after an entitlement review under 4 AAC 52.780, or otherwise, the department determines that an overpayment has occurred, the department may require repayment or withhold all or part of one or more future payments. The decision to do so is subject to appeal under 4 AAC 52.750.

History

Authority: AS 14.07.060; AS 14.17.420; AS 14.30.180
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/29/2004, Register 171; am 9/29/2005, Register 175; am 1/17/2007, Register 181; am 3/24/2007, Register 181; am 12/10/2010, Register 196

4 AAC 52.710 Federal financial aid {#sec-4-aac-52.710 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.710}

(a) A district that provides special education and related services may apply to the department for federal financial aid under 20 U.S.C. 1411 - 1413 in accordance with this section.

(b) A district that seeks federal financial aid under 20 U.S.C. 1411 - 1413 and this section shall submit to the department an application on a form provided by the department. The application must include documentation that the district has adopted special education and related services' policies and procedures that are consistent with all state policies and procedures as set out in this chapter.

(c) The department will, within 60 days after receiving a completed application under (b) of this section, provide a district with notice of a preliminary decision to approve or disapprove the application in accordance with 20 U.S.C. 1411 - 1413; if the decision is to disapprove the application in whole or in part, the department will include in the notice statements that

(1) the district has the right to request a hearing under (g) of this section; and

(2) describe the reasons for the disapproval.

(d) A district that seeks federal financial aid under this section may begin to perform the activities listed in the application after the district has received notice from the department that the department has approved the application under 20 U.S.C. 1411 - 1413 and this section.

(e) Within 30 days after the end of each calendar quarter, a district whose application has been approved by the department shall submit to the department, on a form provided by the department, a quarterly financial report.

(f) In order to qualify for federal financial aid under 20 U.S.C. 1411 - 1413 and this section, the district shall count the number of children who receive special education and related services from the district as of December 1. No later than December 15, the district shall submit to the department, on a form provided by the department, the student count report. The report must list the number of children by the eligibility categories set out in 4 AAC 52.130. The level of federal financial aid is based on the child count submitted for the school year preceding the school year for which the district seeks financial aid.

(g) Within 30 days of receipt of a notice under (c) of this section, a district may request a hearing for any reason allowed under 34 C.F.R. 76.401, as revised as of July 1, 2004. 34 C.F.R. 76.401, as revised as of July 1, 2004, is adopted by reference. A hearing under this subsection shall be conducted under the procedures described in 4 AAC 40.040 and 34 C.F.R. 76.401. To the extent the procedures in 34 C.F.R. 76.401 conflict with the procedures of 4 AAC 40.040, the hearing shall be conducted under the procedures in 34 C.F.R. 76.401. If a district does not request a hearing, the preliminary decision issued in (c) of this section becomes final and is not subject to further appeal. A district may appeal the final decision of the department issued after a hearing under this subsection to

(1) the superior court under the Alaska Rules of Appellate Procedure as provided in 4 AAC 40.040(k); or

(2) the Secretary of the United States Department of Education, as provided in 34 C.F.R. 76.401(d)(5).

History

Authority: AS 14.07.060; AS 14.30.335
Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/29/98, Register 147; am 8/22/2001, Register 159; am 12/7/2004, Register 172

4 AAC 52.720 State aid upon transfer {#sec-4-aac-52.720 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.720}

Repealed 1/15/87.

4 AAC 52.725 Shortfall in special education funding {#sec-4-aac-52.725 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.725}

Repealed 7/16/89.

4 AAC 52.730 State aid for transportation {#sec-4-aac-52.730 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.730}

(a) The department will provide supplemental state aid for the transportation of children receiving special education and related services in accordance with AS 14.30.347.

(b) Repealed 6/4/2004.

History

Authority: AS 14.07.060; AS 14.30.186; AS 14.30.347
Eff. 7/1/83, Register 86; am 6/4/2004, Register 170

4 AAC 52.740 Approval of programs for gifted children {#sec-4-aac-52.740 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.740}

Repealed.

History

Eff. 7/1/83, Register 86; am 6/9/85, Register 94; am 11/26/93, Register 128; repealed 8/22/2001, Register 159

4 AAC 52.750 Administrative appeal {#sec-4-aac-52.750 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.750}

A district may appeal a decision of the department concerning its eligibility for, or the amount of, financial aid for intensive services under 4 AAC 52.700 and 4 AAC 52.730 in accordance with 4 AAC 40.010 - 4 AAC 40.050.

History

Authority: AS 14.07.060; AS 14.30.180 - AS 14.30.350
Eff. 7/1/83, Register 86; am 8/22/2001, Register 159

4 AAC 52.760 Maintenance of records {#sec-4-aac-52.760 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.760}

(a) Each district providing special education and related services shall maintain records that demonstrate to a reasonable certainty, as determined by the department, that the district is in compliance with the requirements of this chapter and AS 14.30.180 - 14.30.350.

(b) Records required under (a) of this section include for each child at least the

(1) child's name, date of birth, and sex;

(2) category of eligibility under 4 AAC 52.130;

(3) date of referral;

(4) tests and other documents demonstrating eligibility under 4 AAC 52.125 and 4 AAC 52.130;

(5) IEP;

(6) services provided, including dates of initiation and termination;

(7) class and grade attendance records;

(8) grade level;

(9) name, address, and telephone number of each parent; and

(10) correspondence and other communications with a parent required by his chapter.

(c) A district shall maintain records required under (a) of this section until no longer needed to provide educational services, but not less than five years. The records, with the exception of attendance records, must be maintained in a single file.

(d) If the child moves from one district to another, the district that has provided special education and related services shall, subject to the requirements of 4 AAC 52.530(a)(2), transmit copies of records maintained in accordance with this section to the other district upon request of that district or a parent of the child.

(e) The requirements of this section are in addition to other requirements of 4 AAC 06.120, this chapter, or other law.

History

Authority: AS 14.07.060; AS 14.30.180 - AS 14.30.350
Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 8/22/2001, Register 159

4 AAC 52.765 Protection of records {#sec-4-aac-52.765 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.765}

(a) Each district shall protect the confidentiality of personally identifiable information contained in records collected, maintained, or in the custody of the district under this chapter at collection, storage, disclosure, and destruction stages. Each district shall

(1) assign to one employee the duty to protect the confidentiality of any personally identifiable information; and

(2) provide each employee who collects, maintains, or uses personally identifiable information with instruction regarding the obligations of the district under

(A) 34 C.F.R. Part 99, as revised as of July 1, 2006, and adopted by reference; and

(B) 34 C.F.R. 300.123, as revised as of October 13, 2006, and adopted by reference.

(b) If a record containing personally identifiable information is not needed by the district to provide educational services to the child under this chapter, the district shall inform the parent and offer the parent a copy of the record. The district shall destroy the record upon request of the parent. A record of the child's name, address, telephone number, grades, attendance record, classes attended, grade level completed, and year completed must be maintained indefinitely.

(c) Each district shall maintain, for public inspection, a current list of the names and positions of employees within the district who have access to personally identifiable information contained in records collected, maintained, or used by the district under this chapter. The list must identify the person responsible under (b) of this section.

(d) Each district shall maintain a record of persons other than parents and the persons on the list described in (c) of this section who are provided access to records that are subject to this section, including the name of the person, agency affiliation, date of access, and the purpose for which access is provided.

History

Authority: AS 14.07.060; AS 14.30.272; AS 14.30.335
Eff. 8/22/2001, Register 159; am 8/9/2002, Register 163; am 8/30/2007, Register 183

4 AAC 52.770 Program review {#sec-4-aac-52.770 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.770}

(a) The department will monitor school district programs to insure compliance with the requirements of this chapter and with assurances given upon application for state or federal financial aid.

(b) Upon request by the department, a district shall provide

(1) a list of students receiving services under this chapter, including each student's name, age, disability category, whether the student receives intensive services, related services, entry date, exit date, and placement;

(2) a list of all administrators, teachers, teacher aides, and related services personnel who provide special education services in the district, including, for certificated staff, the teacher certificate numbers; and

(3) any other information required by the department.

(c) At least 30 days before visiting a district for a scheduled program review, the department will provide written notice to the district of the date and purpose of the visit.

(d) The department will submit written results of program monitoring to the district within 60 days after completion of a visit under (a) of this section. The written results must include a statement of necessary corrective action.

(e) If the department determines that a district is substantially out of compliance with the requirements of this chapter, application requirements for state financial aid, or with assurances given for federal financial aid, it will conduct an entitlement review under 4 AAC 52.780.

History

Authority: AS 14.07.060; AS 14.30.180 - AS 14.30.350
Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 8/29/98, Register 147; am 8/22/2001, Register 159

4 AAC 52.780 Entitlement review {#sec-4-aac-52.780 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.780}

(a) The department may conduct an entitlement review of the records of a district at any time, notwithstanding the results of one or more program reviews under 4 AAC 52.770, to ensure compliance with the requirements of this chapter, and with assurances given upon application for federal financial aid.

(b) The department will submit preliminary entitlement review findings to the district within 30 days after completion of the review.

(c) The district may submit to the department a written response to the preliminary entitlement review findings within 30 days after receipt of the findings by the district.

(d) Within 15 days after receipt of the response of a district to preliminary entitlement review findings, the department will, in its discretion, or the district may, pursue additional means to resolve any issues in dispute between them.

(e) After expiration of the period set out in (d) of this section, the department will issue final entitlement review findings. The final entitlement review findings are subject to appeal under 4 AAC 40.010 - 4 AAC 40.050.

History

Authority: AS 14.07.060; AS 14.30.180 - AS 14.30.350
Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 8/22/2001, Register 159

4 AAC 52.785 Relation to other laws {#sec-4-aac-52.785 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.785}

The regulations contained in 4 AAC 52.090 - 4 AAC 52.790 must be construed, as far as practicable under AS 14.30.180 - AS 14.30.350, in accordance with 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act) and the regulations adopted under it.

History

Authority: AS 14.07.060; AS 14.30.335
Eff. 8/22/2001, Register 159; am 9/23/2007, Register 183; am 12/25/2020, Register 236

4 AAC 52.790 Definitions {#sec-4-aac-52.790 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.790}

As used in 4 AAC 52.090 - 4 AAC 52.790, unless the context requires otherwise,

(1) "assistive technology device" means an item, piece of equipment or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain or improve the functional capabilities of a child with a disability;

(2) "assistive technology service" means a service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device, including

(A) the evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices for children with disabilities;

(C) selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices;

(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(E) training or providing technical assistance for a child with a disability, or if appropriate, that child's family; and

(F) training or providing technical assistance for professionals, including individuals providing education or rehabilitation services; employers; or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities;

(3) "child with a disability" means a child with cognitive impairment, learning disabilities, emotional disturbance, deafness, deaf-blindness, hearing impairment, orthopedic impairment, other health impairment, speech impairment, visual impairment, multiple disabilities, early childhood development delay, autism, or traumatic brain injury within the meaning of 4 AAC 52.130;

(4) "educational performance" means performance in school, or, in the case of a preschool child with a disability, performance in an age-appropriate setting;

(5) "emotionally disturbed" means eligible for special education and related services for an emotional disturbance under 4 AAC 52.130(d);

(6) "evaluation" means procedures used in accordance with 34 C.F.R. 300.304 - 300.306 and 300.308 - 300.311, adopted by reference in 4 AAC 52.120, to determine whether the individual child has a disability and the nature and extent of the special education and related services that the child needs; "evaluation" does not include basic tests administered to, or procedures used with, all children in a school, grade, or class;

(7) "FAPE" means free appropriate public education;

(8) "free appropriate public education" has the same meaning given that term in 34 C.F.R. 300.17, as revised as of October 13, 2006, and adopted by reference;

(9) "guardian" means a person designated by a will or appointed by a court to exercise the rights and responsibilities with regard to a child;

(10) "IEP" means individualized education program;

(11) "individualized education program" has the same meaning given that term in 34 C.F.R. 300.22, as revised as of October 13, 2006, and adopted by reference;

(12) "interim alternative educational setting" means a change of placement determined through disciplinary proceedings carried out under 4 AAC 52.550(l), that meets the procedures and requirements in 34 C.F.R. 300.531, as revised as of October 13, 2006, and adopted by reference;

(13) "location," in the context of providing a service under an IEP, means the type of environment that is the appropriate place for provision of the service;

(14) "parent" means a

(A) natural or adoptive parent of a child;

(B) guardian, but not the state if the child is a ward of the state;

(C) person who is acting in the place of a natural or adoptive parent, such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare;

(D) surrogate parent who has been appointed under AS 14.30.325 and 4 AAC 52.590; and

(E) foster parent who meets the conditions described in 4 AAC 52.600(d) for serving as the parent for purposes of special education;

(15) "related services" has the same meaning given that term in AS 14.30.350;

(16) "screening" means a brief procedure for identifying children who should receive a more comprehensive diagnostic assessment; "screening" includes informal non-standardized procedures, and formal standardized procedures;

(17) "special education" has the same meaning given that term in AS 14.30.350;

(18) "specially designed instruction" means the content, methodology, or delivery of instruction, adapted to

(A) address the unique needs of a child that result from the child's disability; and

(B) ensure the child's access to the general curriculum, so that the child can meet the educational standards of the district that apply to all children;

(19) "supplementary aids and services" means aids, services, and other supports that are provided in regular education classes, other education-related settings, or extracurricular or nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with 34 C.F.R. 300.114 - 300.116, as revised as of October 13, 2006, and adopted by reference;

(20) "basic adaptive skills" means, beginning in the school year that commences July 1, 2010, rudimentary facility, as appropriate to the age of the student, in

(A) communication;

(B) social or emotional development;

(D) cognitive functioning;

(E) behavior; and

(F) daily living or self help skills;

(21) "multiple services" means more than one special education service or related service;

(22) repealed 1/17/2007;

(23) "appropriate to the age of the student" means with consideration of the wide range of ages during which children develop skills, particularly children under six years of age for whom a basic skill may be developing or emerging;

(24) "individual care" means providing for the health, safety, and educational needs of the student with personal attention by a certified special education teacher, a special education aide, or another trained person; for purposes of this paragraph, "personal attention" means

(A) full-time one-on-one attention; or

(B) attention provided on other than a one-to-one basis if

(i) one-on-one care is not required for a particular intensive student;

(ii) the district has provided the level of care necessary to protect the health and safety of the child; and

(iii) the teacher, aide, or another trained person attends to no more than three intensive students at a time;

(25) "rudimentary facility" means, beginning July 1, 2011,

(A) scoring two standard deviations below the mean on a standardized adaptive measure approved by the department; or

(B) if no standard measure is available, documentation that demonstrates a level of skill or performance that is two standard deviations below the mean.

History

Authority: AS 14.07.060; AS 14.30.194; AS 14.30.285 AS 14.30.180; AS 14.30.250; AS 14.30.325 AS 14.30.186; AS 14.30.255; AS 14.30.350 AS 14.30.193; AS 14.30.272
Eff. 8/22/2001, Register 159; am 8/29/2004, Register 171; am 1/17/2007, Register 181; am 8/30/2007, Register 183; am 9/23/2007, Register 183; am 8/31/2008, Register 187; am 11/28/2009, Register 192; am 12/10/2010, Register 196

Article 3 Program Administration: Gifted Children

4 AAC 52.800 District responsibility for gifted education {#sec-4-aac-52.800 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.800}

(a) Each district shall administer a program offering education services in order to provide an appropriate educational program for gifted children enrolled in the district's schools, including charter schools and the district's correspondence study program.

(b) A district that offers a statewide correspondence study program that enrolls children who reside outside of the district shall administer a program offering education services in order to provide an appropriate educational program for gifted children.

(1) student identification;

(2) student eligibility criteria;

(3) a process for development of student learning plans, that provides for teacher, parental and student participation; and

(4) a review process that allows parents, on behalf of their child, to challenge and to have reviewed the district's program or an individual student learning plan provided for their child.

(d) Each district shall submit to the department a copy of the district's gifted education program, and of any amendments adopted to the program.

History

Authority: AS 14.07.060; AS 14.30.352
Eff. 8/22/2001, Register 159; am 3/21/2002, Register 161

4 AAC 52.805 Identification of gifted children {#sec-4-aac-52.805 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.805}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.807 Deadline for providing services {#sec-4-aac-52.807 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.807}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.810 Evaluation {#sec-4-aac-52.810 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.810}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.812 Criteria for determination of eligibility {#sec-4-aac-52.812 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.812}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.815 Individualized education program {#sec-4-aac-52.815 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.815}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.817 Least restrictive environment {#sec-4-aac-52.817 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.817}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.820 Reevaluation {#sec-4-aac-52.820 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.820}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.822 Written notice to parent {#sec-4-aac-52.822 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.822}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.830 Parental participation {#sec-4-aac-52.830 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.830}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.832 Protection of records {#sec-4-aac-52.832 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.832}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.835 Cost of services {#sec-4-aac-52.835 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.835}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.837 Program supervision {#sec-4-aac-52.837 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.837}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.840 Procedural safeguards notice {#sec-4-aac-52.840 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.840}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.842 Parental access to records {#sec-4-aac-52.842 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.842}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.845 Parental request for amendment of records {#sec-4-aac-52.845 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.845}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.850 Parental right to independent educational evaluation {#sec-4-aac-52.850 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.850}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.852 Availability of due process hearing {#sec-4-aac-52.852 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.852}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.855 Impartial hearing officer {#sec-4-aac-52.855 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.855}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.857 Appeal to department {#sec-4-aac-52.857 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.857}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.860 Placement of child during proceedings {#sec-4-aac-52.860 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.860}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.865 Public school foundation program {#sec-4-aac-52.865 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.865}

(a) Each district that files a plan under AS 14.17.420(b) to provide special education and related services to gifted children is eligible for state financial aid under AS 14.17.300 - 14.17.490.

(b) Public school foundation reports must be submitted, on forms provided by the department, to the department's division of education support services.

History

Authority: AS 14.07.060; AS 14.30.180; AS 14.17.420
Eff. 8/22/2001, Register 159

4 AAC 52.870 State aid for transportation {#sec-4-aac-52.870 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.870}

(a) The department will provide supplemental state aid for the transportation of children receiving education services under this chapter in accordance with AS 14.30.352(b).

(b) Repealed 6/4/2004.

History

Authority: AS 14.07.060; AS 14.30.352
Eff. 8/22/2001, Register 159; am 3/21/2002, Register 161; am 6/4/2004, Register 170

4 AAC 52.875 Maintenance of records {#sec-4-aac-52.875 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.875}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.880 Program review {#sec-4-aac-52.880 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.880}

Repealed.

History

Eff. 8/22/2001, Register 159; repealed 3/21/2002, Register 161

4 AAC 52.890 Definitions {#sec-4-aac-52.890 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.890}

As used in 4 AAC 52.800 - 4 AAC 52.890, unless the context requires otherwise,

(1) repealed 3/21/2002;

(2) "gifted" means exhibiting outstanding intellect, ability, or creative talent;

(3) "parent" means a

(A) biological or adoptive parent of a child;

(B) guardian, but not the state if the child is a ward of the state;

(C) person who is acting in the place of a biological or adoptive parent, such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare;

(4) repealed 3/21/2002;

(5) repealed 3/21/2002.

History

Authority: AS 14.07.060; AS 14.30.352
Eff. 8/22/2001, Register 159; am 3/21/2002, Register 161

Article 4 General Provisions

4 AAC 52.900 Relation to other laws {#sec-4-aac-52.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.900}

Repealed.

History

Eff. 7/1/83, Register 86; am 6/9/85, Register 94; am 11/26/93, Register 128; am 12/2/2000, Register 156; repealed 8/22/2001, Register 159

4 AAC 52.910 Effective date {#sec-4-aac-52.910 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.910}

Repealed.

History

Eff. 7/1/83, Register 86; repealed 12/2/2000, Register 156

4 AAC 52.990 Definitions {#sec-4-aac-52.990 omnilex-key=us-ak-regs-official--title-4--4 AAC 52.990}

As used in this chapter, unless the context requires otherwise,

(1) "day" means a calendar day;

(2) "department" means the Department of Education and Early Development;

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

(4) "informed consent" means that

(A) a child's parent has been fully informed, in the parent's native language or other mode of communication, of all information relevant to the activity for which consent is sought;

(B) the parent understands and agrees in writing to the carrying out of the activity for which his consent is sought;

(D) the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; and

(E) if a parent revokes consent, that revocation does not negate an action that has occurred after the consent was given and before the consent was revoked;

(5) "personally identifiable information" means information that includes

(A) the name of a child, the child's parent, or other family member;

(B) the address of the child;

(D) a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

History

Authority: AS 14.07.060; AS 14.17.920; AS 14.30.335
Eff. 7/1/83, Register 86; am 6/9/85, Register 94; am 1/15/87, Register 101; am 7/16/89, Register 111; am 11/26/93, Register 128; am 11/23/94, Register 132; am 12/2/2000, Register 156; am 8/22/2001, Register 159; am 8/21/2005, Register 175

Chapter 57 Library Services

Article 1 Planning and Reports

4 AAC 57.010 Alaska state plan {#sec-4-aac-57.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.010}

The Long Range Program for Library Development in Alaska, published in November, 1981, and Library Services for All Alaskans, published in 1969, are adopted by reference as the state plan for participation under the U.S. Library Services and Construction Act (Public Law 84-597, as amended).

History

Authority: AS 14.07.060; AS 14.56.020; AS 14.56.340

4 AAC 57.020 Annual report of library operations {#sec-4-aac-57.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.020}

Each library in the state that receives money from the state for the support of the library shall annually provide the division of state libraries with information about library operations which the division requests, including information relating to the library's service area and population served, facilities, assets and liabilities, use of the library's resources, personnel, salaries, budget, statement of income and expenditures, collection and acquisition of library materials, hours of service, and interlibrary cooperation and resource-sharing agreements.

History

Authority: AS 14.07.060; AS 14.56.020; AS 14.56.030
Eff. 2/11/89, Register 109

Article 2 Library Assistance Grants

4 AAC 57.050 Purpose {#sec-4-aac-57.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.050}

(a) Subject to the availability of appropriations from the legislature, the division shall award library assistance grants to eligible applicant libraries to assist in funding eligible library operations, interlibrary cooperation, and regional library services. For each grant the division shall specifically describe the library services purposes for which it may be expended.

(b) The division shall approve applications for library assistance grants in the following categories:

(1) public library assistance grants, as authorized by AS 14.56.310(a)(1), to assist a municipal library a public library nonprofit corporation with library operational costs;

(2) interlibrary cooperation grants, as authorized by AS 14.56.310(a)(2), to assist libraries with the cost of sharing resources with other libraries of the state;

(3) regional library services grants, as authorized by AS 14.46.310(a)(3), to assist libraries in providing regional library services to areas of the state in which there are no library facilities.

(c) Libraries receiving library assistance grants shall provide interlibrary loan services free of charge to other in-state libraries.

History

Authority: AS 14.07.060; AS 14.56.310 AS 14.56.300; AS 14.56.340
Eff. 5/25/79, Register 70; am 3/27/82, Register 81; am 2/11/89, Register 109; am 4/2/99, Register 149

4 AAC 57.060 Eligibility for grants {#sec-4-aac-57.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.060}

Repealed.

History

Eff. 5/25/79, Register 70; am 3/27/82, Register 81; am 2/11/89, Register 109; repealed 4/2/99, Register 149

4 AAC 57.063 Public library assistance grants: Required local match {#sec-4-aac-57.063 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.063}

(a) A public library may apply for a public library assistance grant of no more than $7,000 for each of its public library outlets. For money paid to a public library as a public library assistance grant, an equal matching amount of local resources must be provided in the form of local money, volunteer labor, or a combination of the two.

(b) The director shall determine the value of the volunteer labor proposed as a local match, based upon the prevailing wage rates for comparable positions.

(c) If a portion of the proposed local match is identified as money expended for utility costs for a public library located in a shared or combined facility, the director shall determine the value of the match based upon the proportion of use of the facility by the public library.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.310 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 2/11/89, Register 109; am 4/2/99, Register 149

4 AAC 57.064 Public library assistance grants: Eligibility {#sec-4-aac-57.064 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.064}

(a) To qualify for a public library assistance grant, a library must

(1) provide, at a minimum, the following services:

(A) a circulating collection of library books and materials that the library purchases and maintains;

(B) interlibrary loans;

(D) children's programs;

(2) keep each library facility for which a grant application is made open to provide free library services to all residents of that facility's legal service area on a regularly scheduled basis for at least 48 weeks per year and three days per week; additionally, the library must keep each library facility open for a minimum number of hours per week, as follows:

(A) for a separately administered library facility that is not a branch outlet as described in (B) of this paragraph, and that serves

(i) under 750 individuals, 10 hours per week;

(ii) 750 - 1,500 individuals, 15 hours per week;

(iii) 1,501 - 3,000 individuals, 25 hours per week;

(iv) 3,001 - 10,000 individuals, 40 hours per week;

(v) over 10,000 individuals, 50 hours per week;

(B) for a branch outlet of a public library system that the director determines to be easily accessible by road to the system's main library, and that serves

(i) under 1,000 individuals, 15 hours per week;

(ii) 1,000 - 4,999 individuals, 20 hours per week;

(iii) 5,000 or more individuals, 25 hours per week;

(D) for a combined public and school library, 10 hours per week outside regular school hours;

(3) adopt and maintain policies that include

(A) a statement of mission, goals, and objectives; and

(B) a written collection development policy, providing for the selection, evaluation, and weeding of materials and reconsideration of materials;

(4) provide trained paid or volunteer staff on duty at each facility during all hours of operation of the facility, including a designated library director who

(A) completes every two years at least one continuing education program approved by the state librarian;

(B) if the library is in a municipality with a population of 3,000 to 5,999, has a bachelor's degree and library management experience or training; and

(C) if the library is in a municipality with a population of 6,000 or greater, has a master's degree in library or information science;

(5) if administered by a nonprofit corporation, hold public meetings of the board of directors on at least a quarterly basis;

(6) provide matching funds as required under AS 14.56.330 and 4 AAC 57.063;

(7) maintain an accurate accounting of the library's budget and expenditure of money; and

(8) annually submit to the division, on or before September 1, a complete public library annual report and public library assistance grant report on forms provided by the state library.

(b) The director shall grant a waiver of application of one or more of the requirements of this section, as requested in writing by an applicant, if the director determines that

(1) the applicant has shown good cause for the waiver; and

(2) the waiver is consistent with the requirements of AS 14.56.300 - 14.56.340 and AS 29.35.125.

History

Authority: AS 14.07.060; AS 14.56.310 AS 14.56.020; AS 14.56.340
Eff. 4/2/99, Register 149

4 AAC 57.065 Interlibrary cooperation grants {#sec-4-aac-57.065 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.065}

The interlibrary cooperation grant program is competitive. The division shall make an interlibrary cooperation grant to a library to promote or support

(1) sharing of resources;

(2) cooperative services with another library;

(3) innovative programs for the delivery of library services; or

(4) training or other programs that strengthen library services.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.310 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 2/11/89, Register 109; am 4/2/99, Register 149

4 AAC 57.067 Public library assistance grants: Combined public and school library facilities {#sec-4-aac-57.067 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.067}

(a) If an applicant for a public library assistance grant is a combined public and school library, that library must, in addition to meeting the eligibility requirements of 4 AAC 57.064,

(1) execute and keep in force a binding legal agreement between the school district and the governing body of the public library, approved by the division, providing for allocation of

(A) financial responsibilities;

(B) the ownership, maintenance, care, and right of use of collections, equipment, and physical facilities;

(D) hours of service;

(2) provide access to the general public other than students enrolled in the school and in compliance with the minimum hour requirements of 4 AAC 57.064, through

(A) placement of the library in a facility separate from the school facility;

(B) placement of the library in a school room that has a public entrance direct to the outside and accessible by the library patrons; or

(C) providing space for the library in a school room that can be easily located and accessed from a school entrance that is identified and posted as the public library entrance; and

(3) provide space for library materials for patrons of all ages and allocate space and money for establishing a collection of library materials for children, young adults, and adults, in appropriate proportions.

(b) An application for a public library assistance grant from a combined public and school library applicant must include

(1) a copy of the division-approved agreement between the school district and the governing body of the public library; and

(2) other evidence that the division considers necessary to determine compliance with (a) of this section, as requested by the division.

(c) For the purposes of this section, the governing body of the public library may be the municipal assembly, an advisory board appointed by the municipal assembly, or the board of directors of a nonprofit corporation which meets the eligibility requirements of AS 14.56.310(a).

(d) A combined public and school library may not purchase school or curriculum-related library materials with public library assistance grant money or the local matching money. The governing body of the library shall retain records and invoices for library materials purchased from public library assistance grant funds and local matching funds for a period of three years, and shall make them available for inspection by the division upon request.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.310 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 2/11/89, Register 109; am 4/2/99, Register 149

4 AAC 57.069 Regional library services grants {#sec-4-aac-57.069 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.069}

The division shall make a regional library services grant to a library that enters into an agreement with the state library to act on behalf of the state library to

(a) furnish library materials to areas of the state in which there is not sufficient population or local revenue to support operation of a public library facility; or

(b) provide services, training, or technical support to other libraries.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.340 AS 14.56.020; AS 14.56.300
Eff. 4/2/99, Register 149

4 AAC 57.070 Application {#sec-4-aac-57.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.070}

(a) An application for a library assistance grant must be filed with the director. Application must be made on a form provided by the division.

(b) An application for a fiscal year must be submitted by April 1 of the preceding fiscal year.

(c) If appropriated money is available after a final decision is made on all applications filed during the application period set out in (b) of this section, the director may accept and consider additional applications for grants which were filed after the application period set in (b) of this section.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.310 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 5/25/79, Register 70; am 3/27/82, Register 81; am 2/11/89, Register 109; am 4/2/99, Register 149

4 AAC 57.074 Decision on application {#sec-4-aac-57.074 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.074}

(a) By August 1 of each fiscal year, the director of the division of state libraries shall make a decision on each completed grant application that was submitted by the application deadline set by 4 AAC 57.070(b).

(b) The director shall set aside 75 percent of the state general funds appropriated for library assistance grants to fund public library assistance grants. If the set-aside is not sufficient to fully fund the state match, the director shall reduce each grant proportionally.

(c) The director shall set aside the remaining 25 percent of the state general funds appropriated for library assistance grants to fund interlibrary cooperation grants and regional services grants.

(d) The decision of the director under (a) of this section must be in writing and, if an applicant is determined to be eligible for a grant, must state the amount of the grant.

(e) The director shall deliver to an applicant whose grant application has been approved, a grant agreement restating the general requirements of the program under which the grant is approved. The director shall transmit payment of the grant to the applicant only after the grant agreement has been signed and returned to the division.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.310 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 3/27/82, Register 81; am 2/11/89, Register 109; am 4/2/99, Register 149

4 AAC 57.076 Amendment of application {#sec-4-aac-57.076 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.076}

An application may be amended after a decision has been made under 4 AAC 57.074 if the director finds that the amendment is in the best interests of the state.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.310 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 3/27/82, Register 81; am 2/11/89, Register 109

4 AAC 57.080 Exceptions {#sec-4-aac-57.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.080}

Repealed 3/27/82.

4 AAC 57.084 Administrative review {#sec-4-aac-57.084 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.084}

An applicant who is dissatisfied with a decision by the director under 4 AAC 57.074 may obtain review of that decision in the manner made available to school districts under 4 AAC 40.010 - 4 AAC 40.050.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.310 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 3/27/82, Register 81; am 2/11/89, Register 109

4 AAC 57.086 Annual report {#sec-4-aac-57.086 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.086}

Repealed 2/11/89.

4 AAC 57.087 Use of grant proceeds {#sec-4-aac-57.087 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.087}

(a) A library assistance grant approved by the division must be used for the purposes set out in the application filed under 4 AAC 57.070 as approved by the director or, if amended, as amended under 4 AAC 57.076. The grant money must be spent in a manner consistent with the provisions of the grant agreement.

(b) The proceeds of a library assistance grant

(1) must be accounted for separately from other money received by the library from government and private sources;

(2) must be spent or encumbered by the library by the end of the grant period.

(c) In each fiscal year, a public library receiving a public library assistance grant shall expend at least $3,500, from either grant or local matching money, for library materials and on-line services for each of its public library outlets.

(d) Except as provided under (e) of this section, a library that receives an interlibrary cooperation grant under 4 AAC 57.065 or a regional library services grant under 4 AAC 57.069 may apply a portion of the grant to meet indirect or administrative costs of the operation of the library. The portion of the grant applied may not exceed the rate set for similar charges by the governing body of the library or eight percent of the grant, whichever is less.

(e) A library that receives a public library assistance grant or an interlibrary cooperation grant that is of primary benefit to the library receiving the grant may not use the proceeds of the grant to meet indirect or administrative costs of the operation of the library.

(f) A library may change a grant line item by up to 10 percent without prior approval of the division.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.340 AS 14.56.020; AS 14.56.300
Eff. 2/11/89, Register 109; am 4/2/99, Register 149; am 11/1/2003, Register 168

4 AAC 57.089 Local match {#sec-4-aac-57.089 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.089}

A public library that receives a public library assistance grant

(1) shall spend or encumber the full amount of the locally-generated match money that it has committed to meet the local match support requirements of the grant by the end of the fiscal year for which the grant is made;

(2) may not spend or encumber an amount that is less than the full amount of the locally-generated match money that it has committed to meet the local match support requirements of the grant even if, under 4 AAC 57.074(c), the director prorates the amount provided as the state matching grant.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.330 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 2/11/89, Register 109

4 AAC 57.090 Definitions {#sec-4-aac-57.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.090}

Relocated 3/27/82.

4 AAC 57.091 Financial report for grant {#sec-4-aac-57.091 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.091}

A library that receives a library assistance grant shall file with the division a financial report for the use of the grant. The report must be made on a form provided by the division, and must be filed on or before September 1 following the close of the fiscal year for which the grant was received.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.340 AS 14.56.020; AS 14.56.300
Eff. 2/11/89, Register 109

4 AAC 57.095 Program administration {#sec-4-aac-57.095 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.095}

(a) The director may require repayment from a library of

(1) repealed 4/2/99;

(2) the portion of money paid as a grant that the library does not spend or encumber by the end of the fiscal year for which the grant was received; and

(3) the full amount of a grant

(A) if the proceeds of the grant have been used for purposes other than those allowed by the grant application and grant agreement;

(B) if the library fails to file the annual report of library operations required by 4 AAC 57.020 or the financial report for the grant required by 4 AAC 57.091; or

(b) Subject to appropriation, the director shall deposit amounts recovered under (a) of this section into the library assistance grant account.

(c) To enforce repayment of an amount that the director determines is due from a library under (a) of this section, the director may withhold payment in the second succeeding and subsequent fiscal years of all or any portion of a grant based on an approved application from the library.

(d) The director may not pay a grant to a library that has failed to file the annual report of library operations required by 4 AAC 57.020 or the financial report for a grant required by 4 AAC 57.091 until the report has been filed.

History

Authority: AS 14.07.060; AS 14.56.030; AS 14.56.330 AS 14.56.020; AS 14.56.300; AS 14.56.340
Eff. 2/11/89, Register 109; am 4/2/99, Register 149

4 AAC 57.099 Exemptions {#sec-4-aac-57.099 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.099}

An individual who is the permanent director of a public library on April 2, 1999 is exempt from the educational requirements of 4 AAC 57.064(a)(4).

History

Authority: AS 14.07.060; AS 14.56.300; AS 14.56.340 AS 14.56.020; AS 14.56.310
Eff. 4/2/99, Register 149

Eff. 2/11/89, Register 109; deleted as of Register 187, October 2008

Article 4 Public School Library Collection Development Grants

4 AAC 57.410 General eligibility {#sec-4-aac-57.410 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.410}

A school district

(1) may apply for a public school library collection development grant on behalf of a school with a public school library eligible under AS 14.56.365;

(2) that operates a correspondence program with a public school library eligible under AS 14.56.365 may apply for a public school library collection development grant for that library.

History

Authority: AS 14.07.060; AS 14.56.365; AS 14.56.370
Eff. 3/29/2009, Register 189

4 AAC 57.420 Application process {#sec-4-aac-57.420 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.420}

(a) A school district that applies for a public school library collection development grant must submit

(1) a complete application, on a form provided by the division; the district must submit a separate application for each public school library for which a grant award is sought; the application must include

(A) the name, physical address, telephone number, and electronic mail address of the

(i) school district; and

(ii) school or correspondence program with the public school library;

(B) the name, telephone number, and electronic mail address of a contact person for the application;

(D) a statement of the size of the public school library's library collection materials;

(E) the name and title of each individual designated to staff the public school library;

(F) a statement of how library and information literacy standards are promoted;

(G) a proposal that

(i) demonstrates the public school library's need for the grant money; and

(ii) explains in detail how grant money is to be spent for library collection materials at the public school library;

(H) a statement of the budget for library staffing and materials, showing

(i) the amount of the cash match or in-kind value of services that the school district will provide as required under AS 14.56.365(a)(6); and

(ii) other non-school district money for library collection materials; and

(I) a statement of the federal or other grants received, or expected to be received, to purchase library collection materials for the public school library, or whether the library is eligible for those grants; and

(2) documentation that includes

(A) a copy of the library class schedule;

(B) a job description for each library staff member;

(D) documentation of physical space for use as a library, unless the application is for a correspondence school; and

(E) documentation of resources for use as a library, if the application is for a correspondence school.

(b) The application and documentation must be received by the division or postmarked on or before the date set by the division.

History

Authority: AS 14.07.060; AS 14.56.365; AS 14.56.370
Eff. 3/29/2009, Register 189

4 AAC 57.430 Review process {#sec-4-aac-57.430 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.430}

(a) The division will evaluate each timely application for a public school library collection development grant for

(1) compliance with eligibility requirements; and

(2) previous compliance with grant expenditure requirements and grant reporting requirements.

(b) If appropriations to the public school library collection development grant program are insufficient to award grants to all eligible public school libraries, the division will award grants on a pro rata basis to all public school libraries, unless the division determines that the available grant money per public school library would be insufficient to fulfill the purposes of the grant program, in which case the division will rank all applications and award grants to the top ranked public school libraries. In ranking applications, the division will consider the following criteria:

(1) the public school library has demonstrated higher need for the materials than other public school libraries for which grants are sought;

(2) the public school library has received or will receive less money from federal or other grants for library collection materials, unless the public school library is ineligible to receive those grants for reasons of noncompliance with applicable law or grant terms or conditions;

(3) the proposal for expenditure of grant money, when evaluated against proposals contained in other applications, is most consistent with the school's instructional goals, or is most supportive in other respects of the school's curriculum and student reading activities.

History

Authority: AS 14.07.060; AS 14.56.365 AS 14.56.360; AS 14.56.370
Eff. 3/29/2009, Register 189

4 AAC 57.440 Grant award letter and grant agreement {#sec-4-aac-57.440 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.440}

(a) When an application for a public school library collection development grant has been approved, the division will send a grant award letter and grant agreement to the school district. The signed grant agreement is a contract between the division and the school district. By signing the grant agreement, the school district agrees that the school district, and the public school library on whose behalf the school district applied, will comply with the terms and conditions applicable to the grant, and will use the grant money as required under AS 14.56.360 - 14.56.370 and 4 AAC 57.410 - 4 AAC 57.490.

(b) The school district shall sign and return the grant agreement within 30 days after the division sends the grant award letter and grant agreement. The division will not disburse grant money until the school district returns the signed grant agreement.

(c) A school district that applies for a public school library collection development grant may appeal, under 4 AAC 40, the division's denial of an application.

History

Authority: AS 14.07.060; AS 14.56.365; AS 14.56.370
Eff. 3/29/2009, Register 189

4 AAC 57.450 Reporting {#sec-4-aac-57.450 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.450}

On or before April 15 of the school year in which the grant was awarded, the school district shall submit the annual report required by AS 14.56.375 using a form supplied by the division, and shall attach any required documentation. On the annual report form, the school district shall report separately on each public school library for which a grant was awarded.

History

Authority: AS 14.07.060; AS 14.56.365; AS 14.56.375
Eff. 3/29/2009, Register 189

4 AAC 57.460 Compliance {#sec-4-aac-57.460 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.460}

If the division determines that a school district or public school library has used grant money in a manner not in compliance with AS 14.56.360 - 14.56.370, 4 AAC 57.410 - 4 AAC 57.490, or a term or condition of the grant agreement, the school district or public school library must return that money to the state.

History

Authority: AS 14.07.060; AS 14.56.365; AS 14.56.370
Eff. 3/29/2009, Register 189

4 AAC 57.490 Definition {#sec-4-aac-57.490 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.490}

In 3 AAC 57.410 - 3 AAC 57.490, "library collection materials" has the meaning given in AS 14.56.370.

History

Authority: AS 14.07.060; AS 14.56.365; AS 14.56.370
Eff. 3/29/2009, Register 189

Article 5 General Provisions

4 AAC 57.900 Definitions {#sec-4-aac-57.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.900}

Relocated 2/24/88.

4 AAC 57.910 Fees for services {#sec-4-aac-57.910 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.910}

(a) The division shall charge fees for each of the following services provided by the division through the state library, in the amounts set out after each:

(1) for photographic services, the division processes requests for the duplication of photographs from its collections using the duplication services of a private vendor; the processing fee payable to the division is $30 per photograph, except that the processing fee payable by a person who is a student is $1; the provisions of this paragraph apply to the use of an image in publishing, video production, self-copy, exhibits product presentations, interior design, digital format, advertising, or similar use, including for-profit work done by consultants or commercial design firms on behalf of government agencies or non-profit institutions; the processing fee is for one-time non-exclusive use; in addition to the processing fee, the person making a request for a photograph duplication service may be billed by the vendor for the fee or processor's cost of providing the duplicate photograph;

(2) for interlibrary loan services,

(A) for a rush request: $15 per request;

(B) for the loan of material for an out-of-state request: $20 per loan;

(3) for photocopying services,

(A) $.20 per page for self-service;

(B) $.20 per page, plus $60 per hour for photocopying by division personnel; for photocopying services that are subject to the fee charged under this subparagraph, the per-hour fee is not charged for the first 10 photocopies of material;

(D) $75 replacement fee for a lost book, which includes a $15 nonrefundable service fee;

(4) for special services rendered by the staff, the division shall charge a person who requests special services rendered by the staff in an amount based on

(A) actual costs; and

(B) actual staff time rendered that takes into consideration the hourly cost of the salary and benefits payable to any staff member assigned to respond to the request; however, the charge made for staff time under this subparagraph may not exceed $60 per hour per staff member.

(b) Repealed 8/28/2015.

(1) under the terms of the reciprocal agreement, if a request for a service is made by a library with which the division has entered into a reciprocal agreement; or

(2) if the director determines that waiver of the fee is in the public interest.

History

Authority: AS 14.07.060; AS 14.56.020; AS 14.56.030
Eff. 12/13/87, Register 104; am 2/24/88, Register 105; am 7/1/89, Register 110; am 5/1/98, Register 146; am 8/28/2015, Register 215; am 12/20/20, Register 236

4 AAC 57.920 Health sciences library fees {#sec-4-aac-57.920 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.920}

Repealed.

History

Eff. 2/11/89, Register 109; am 7/1/89, Register 110; repealed 5/1/98, Register 146

4 AAC 57.990 Definitions {#sec-4-aac-57.990 omnilex-key=us-ak-regs-official--title-4--4 AAC 57.990}

As used in AS 14.56.300 - AS 14.56.340 and in this chapter

(1) "director" means the director of the division of libraries, archives & museums in the Department of Education;

(2) "division" means the division of libraries, archives & museums in the Department of Education;

(3) "library" means an institution that acquires, organizes, maintains, and provides public access to library materials for reference, research, and circulation;

(4) "library materials" includes books, periodicals, newspapers, documents, pamphlets, photographs, microforms, maps, sound recordings, audio-visual materials, and other materials of a similar nature;

(5) "operations" means personal services, communications, library materials, supplies, equipment, and other services necessary to provide library services; "operations" does not include construction;

(6) "public library" means a library operated by a municipality under AS 29.35.125 or by a public library nonprofit corporation for the purpose of providing general library services to all residents in the library's legal service area free of charge and without discrimination;

(7) "public library nonprofit corporation" means an organization that

(A) has filed articles of incorporation with the state under AS 10.20.005 - 10.20.452 for the purpose of establishing and operating a public library;

(B) filed a current annual report with the state, established bylaws, and elected officers; and

(8) "public library outlet" means the headquarters, branch, bookmobile, or other facility of a public library that provides library services to the general public.

History

Authority: AS 14.07.060; AS 14.56.230; AS 14.56.340
Eff. 5/25/79, Register 70; am 3/27/82, Register 81; am 2/24/88, Register 105; am 2/11/89, Register 109; am 4/2/99, Register 149

Chapter 58 Museum Services

Article 1 Fees

4 AAC 58.010 Fees {#sec-4-aac-58.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.010}

(a) The admission fee to the Alaska State Museum is $9 per visit. The admission fee to the Sheldon Jackson Museum is $7 per visit. However, during the period in the summer months in which the Alaska State Museum and Sheldon Jackson Museum have extended hours, the admission fee to the Alaska State Museum is $14 and the admission fee to the Sheldon Jackson Museum is $9. The museums may not charge an admission fee to a person who is younger than 19 years of age. A $1 discount is available to a visitor who is 65 years of age or older.

(b) The fee for an annual pass to the Alaska State Museum and the Sheldon Jackson Museum is $40. An annual pass allows the holder to visit both museums without paying an additional admission fee. An annual pass is valid for the calendar year in which it is issued.

(1) if the museum determines that the waiver is in the public interest; or

(2) for a special program presented at the museum, including an exhibit opening, a reception, or a lecture.

(d) For extraordinary services rendered by staff, the Alaska State Museum and Sheldon Jackson Museum may charge for actual material costs and staff time. The charge for staff time may not exceed $60 per hour.

(e) The Alaska State Museum and Sheldon Jackson Museum shall charge a fee for a traveling exhibition or a special exhibition rented from another entity. The fee must be equivalent to the museum's costs in providing the exhibition.

(f) The Alaska State Museum and the Sheldon Jackson Museum shall charge a $30 fee for use of a photograph in publishing, video production, exhibits, product presentations, interior design, digital format, advertising, or similar use, including for-profit work done by a consultant or commercial design firm on behalf of a government agency or a non-profit institution. The fee charged under this subsection is for one-time non-exclusive use and is levied in addition to other processing and service charges. The fee charged under this subsection applies whether the photographic image is provided by a state museum or is made by the user. The museum shall waive, in whole or in part, a fee for photographic use if the director of the departmental division that oversees libraries, archives, and museums determines that it is in the public interest.

(g) The Alaska State Museum and the Sheldon Jackson Museum shall charge a $150 fee for the loan of an artifact to a museum. The fee charged under this subsection is levied in addition to other charges incurred by the Alaska State Museum or the Sheldon Jackson Museum for conservation, insurance, packing, shipping, and courier services. The museum shall waive, in whole or in part, a loan fee if the director of the departmental division that oversees libraries, archives, and museums determines that it is in the public interest.

(h) The departmental division that oversees libraries, archives, and museums shall charge a fee for the rental of space within the Father Andrew P. Kashevaroff State Library, Archives, and Museum Building that covers the actual costs associated with hosting an event or program. The division may waive applicable fees if the director determines that the event or program is consistent with the mission and duties of the division, as described in AS 14.56.020, AS 14.57.010, and AS 40.21.020. Rental requests shall be made on a form prescribed by the department. Rental fees and requirements under this subsection are as follows:

(1) for rentals during regular business hours the fees are as follows:

Atrium

Lecture Hall

Classroom

Base fee$75 per hour$50 per hour$25 per hourSet-up and

take-down for

rental period$100 per hour$50 per hourJanitorial

services$150 for events with fewer than 100 people in attendance; $225 for events with 100 or more people in attendance$150 for events with fewer than 100 people in attendance; $225 for events with 100 or more people in attendanceSecurity

services$50 per hour$50 per hourFacility

services$100$100

(2) for rentals outside of business hours the fees are as follows:

Atrium

Lecture Hall

Classroom

Base fee$300 per hour$100 per hour$25 per hourSet-up and

take-down for

rental period$100 per hour$50 per hourJanitorial services$150 for events

with fewer than

100 people in

attendance;

$225 for events

with 100 or

more people in

attendance$150 for events

with fewer than

100 people in

attendance;

$225 for events

with 100 or

more people in

attendanceSecurity services$100 per hour$100 per hour$100 per hourFacility services$200$200$100 per hour

(3) for grand piano rental - $25;

(4) for stage set-up and take-down - $150;

(5) a certificate of liability insurance is required if the program or event will be attended by more than 75 persons or if alcohol is going to be served; the certificate is due to the division one week before a scheduled event and must meet the following coverage limit:

(A) for all claims resulting from a single occurrence - $1,000,000;

(B) medical - $5,000;

(D) damage to premises rented - $300,000.

History

Authority: AS 14.07.060; AS 14.57.010
Eff. 2/20/87, Register 101; am 10/21/89, Register 112; am 4/19/95, Register 134; am 5/10/98, Register 146; am 5/3/2000, Register 154; am 11/26/2011, Register 200; am 8/28/2015, Register 215; am 6/14/2017, Register 222; am 12/20/2020, Register 236

Article 2 Acquisition and Deaccession of Artifacts

4 AAC 58.100 Scope of collection {#sec-4-aac-58.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.100}

(a) The Alaska State Museum will

(1) acquire objects for the museum's collection in compliance with state and federal law;

(2) obtain evidence that archaeological material was excavated scientifically and legally before acquiring archaeological material;

(3) not collect human remains; however, Alaska Native artifacts that incorporate voluntarily-shed human hair are within the scope of collection;

(4) adopt and implement a plan for collection that addresses exhibition, education, research, and collection development, and that allows the museum to consider opportunities to obtain significant and unique Alaskan objects when those opportunities arise.

(b) The scope of the collection housed in the main branch of the Alaska State Museum includes

(1) representative and unique ethnographic objects from all Alaska Native groups, including art and implements of ordinary and common use that were made or used by Alaska Natives;

(2) items of historic significance in the exploration, settlement, and exploitation of Alaska, including activities by Russian, American, and European cultures;

(3) fine art by Alaskan artists or that depicts Alaskan subjects; and

(4) natural history specimens that are useful in the interpretation or study of Alaska's geology, wildlife, botany, or marine life.

(1) Alaska Native ethnographic material that illustrates the culture, lifestyles, and achievements of Alaska Natives;

(2) reproductions of artifacts that are within the scope described in (1) of this subsection and that are not available in original form; and

(3) items that relate to the history of the Sheldon Jackson Museum and the collecting activities of Dr. Sheldon Jackson.

History

Authority: AS 14.07.060; AS 14.57.010; AS 14.57.050
Eff. 8/18/2013, Register 207

4 AAC 58.110 Acquisition of artifacts {#sec-4-aac-58.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.110}

Subject to the availability of appropriations, the Alaska State Museum will use the following process for the acquisition of artifacts for inclusion in the museum's collection:

(1) the museum will establish a staff acquisitions committee, to be chaired by the senior curator of collections;

(2) the staff acquisition committee shall review a proposed acquisition, including an acquisition for the Alaska State Museum or a branch museum, without regard to whether the proposed acquisition is to be by purchase, donation, exchange, field collecting, or other means;

(3) in reviewing a proposed acquisition, the senior curator of collections shall

(A) determine whether the proposed acquisition is within the scope of collection of the museum, including a branch museum;

(B) evaluate the authenticity, quality, significance, integrity, workmanship, age, rarity, documentation, condition, aesthetic quality, and historical value to this state of the proposed acquisition;

(D) consult as necessary with experts, including other staff and outside experts;

(E) consider the cost of the acquisition, including whether alternative acquisitions might be foreclosed by this acquisition; and

(F) prepare for each proposed acquisition a checklist that includes the criteria described in this paragraph;

(4) the staff acquisition committee shall

(A) deliberate on whether the museum should acquire the proposed acquisition;

(B) record the opinion of each member;

(D) forward the record, including all supporting documentation, to the chief curator; and

(E) evaluate the relevance of the proposed acquisition to museum programs;

(5) the chief curator

(A) may accept or reject a recommendation of the senior curator of collections, or opinions of the staff acquisition committee to acquire an object;

(B) may return the record to the committee for further deliberation; and

(C) may not approve an acquisition that is not recommended for acquisition by either the senior curator of collections or the majority of the committee;

(6) if the cost of an acquisition is more than $5,000, the chief curator shall submit an approved recommendation for an acquisition to the Museum Collections Advisory Committee created under AS 14.57.020, and may not acquire the object unless the committee approves the acquisition in accordance with AS 14.57.050.

History

Authority: AS 14.07.060; AS 14.57.010; AS 14.57.050
Eff. 8/18/2013, Register 207

4 AAC 58.120 Loans of objects in the collection {#sec-4-aac-58.120 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.120}

(a) A nonprofit museum or cultural center may apply on a form prepared by the museum for a loan of an artifact from the Alaska State Museum collection for nonprofit educational use of the artifact. In determining whether to grant or deny the loan request, the chief curator shall consider the

(1) standards for safety and security adopted and implemented by the institution applying for the loan;

(2) ability of the institution to care for the object, including whether the institution

(A) will insure the object under an all-risk, wall-to-wall policy during the time of the loan; and

(B) will provide special care if special care is required;

(3) risk of damage or loss to the artifact from the requested use;

(4) effect the loan will have on the Alaska State Museum's programming;

(5) term of the loan; a long-term or permanent loan may not be approved; and

(6) public interest.

(b) The museum will reserve the right to terminate a loan at the museum's discretion. The chief curator shall determine in writing whether to approve a request for an extension of a loan. The chief curator may not approve a loan extension unless all conditions of the loan, including insurance, will be met for the term of the extension.

(c) An educational institution in the state may apply on a form prepared by the museum for a loan of objects that have been placed by the museum in a hands-on educational collection. The chief curator may approve a loan request under this subsection if the request is consistent with the

(1) education purpose for which the collection was designed; that purpose may, if appropriate, include uses that affect, modify, or destroy the object; and

(2) public interest.

(d) An Alaska Native clan or tribe may apply under 4 AAC 58.130 for a loan for cultural use of an Alaska Native artifact in the permanent collection of the museum.

History

Authority: AS 14.07.060; AS 14.57.010; AS 14.57.050
Eff. 8/18/2013, Register 207

4 AAC 58.130 Agreements regarding Alaska Native artifacts {#sec-4-aac-58.130 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.130}

(a) The Alaska State Museum may enter into an agreement with an Alaska Native tribe or clan regarding an Alaska Native artifact that has a historical connection to the tribe or clan, if the museum finds that the agreement is

(1) in the interest of the collection;

(2) consistent with the mission of the museum.

(b) An agreement under (a) of this section may be for the following purposes:

(1) a loan of an artifact in the museum collection to a tribe or clan, including a standing agreement for a loan for cultural or educational use of the artifact;

(2) acceptance of shared ownership between the tribe or clan and the museum of an artifact being donated by the tribe or clan; the agreement may provide for display of the artifact by the museum and cultural use of the artifact by the tribe or clan;

(3) a loan of an artifact to the museum from a tribe or clan; the agreement may provide for display of the artifact by the museum and cultural use of the artifact by the tribe or clan;

(4) other purposes that promote the mission of the museum.

(1) requirements of care for objects in the museum collection that provide for protection of the artifact from damage or loss;

(2) clear arrangements for the release and the return of the artifact; and

(3) a dispute resolution process that is approved by the Department of Law.

History

Authority: AS 14.07.060; AS 14.57.010; AS 14.57.050
Eff. 8/18/2013, Register 207

4 AAC 58.140 Deaccession of artifacts {#sec-4-aac-58.140 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.140}

(a) The Alaska State Museum may deaccession an artifact in the museum collection if

(1) possession of the artifact poses a hazard to human life or health or jeopardizes the preservation of other objects in the collection, as determined by a conservator or other experts;

(2) the artifact is outside the museum's scope of collections;

(3) return of the artifact to a Native American individual or group is required under 25 U.S.C. 3001 - 3013 (Native American Graves Protection and Repatriation Act);

(4) possession of the artifact violates federal or state law;

(5) the artifact is in poor or unstable condition, as determined by a conservator, and the museum determines in writing that stabilization of the artifact is not appropriate;

(6) the artifact is an exact duplicate of other objects in the collection; or

(7) another person or entity has title to the artifact, as determined by

(A) a court; or

(B) the museum under the process described in 4 AAC 58.150.

(b) The museum may deaccession an object in the museum's collection only after completion of each of the following:

(1) the senior curator of collections, in consultation with the staff acquisition committee described in 4 AAC 58.110(1), identifies in writing

(A) the object to be considered for deaccession;

(B) information relating to the history, significance, and ownership of the object;

(D) the proposed method of disposal;

(2) if the object may be valued at more than $5,000, the senior curator of collections obtains an appraisal or opinion of value of the object, including support for the appraisal or opinion from authorities from other institutions;

(3) the senior curator of collections prepares a recommendation for deaccession; the recommendation must include

(A) an analysis of whether the object meets a criterion for deaccession described in (a) of this section; and

(B) comments from members of the staff acquisition committee;

(4) the recommendation for deaccession is approved by

(A) the chief curator of the Alaska State Museum;

(B) the Museum Collections Advisory Committee created under AS 14.57.020;

(D) the commissioner of education and early development;

(5) the museum requests advice from the Department of Law on whether the proposed deaccession is consistent with law.

(c) The museum will coordinate with the Department of Administration for compliance regarding the disposal of state property. With the exception of an item not owned by the museum, human remains, or an object returned to a Native American individual or group under 25 U.S.C. 3001 - 3013 (Native American Graves Protection and Repatriation Act), in determining the method of disposal the museum will consider, in order of priority,

(1) placement of the object in the permanent collection of another museum in this state or agency in this state for educational or research purposes by exchange or transfer;

(2) placement of the object in educational collections or programs, if appropriate for the object;

(3) placement of the object with another educational institution within this state through exchange, sale, or donation;

(4) transfer to another agency of this state;

(5) placement of the object with another educational institution outside this state through exchange, sale, or donation;

(6) sale at public auction; or

(7) witnessed destruction of the object.

(d) If a deaccession of an object is requested under 25 U.S.C. 3001 - 3013 (Native American Graves Protection and Repatriation Act), the museum will follow the process required under 25 U.S.C. 3001 - 3013 and this section.

History

Authority: AS 14.07.060; AS 14.57.010; AS 14.57.050
Eff. 8/18/2013, Register 207

4 AAC 58.150 Ownership of artifacts {#sec-4-aac-58.150 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.150}

(a) All artifacts accessioned into the collection of the Alaska State Museum are presumed to be owned solely and completely by the state unless the accessioning documents provide for a different ownership.

(b) Except for a claim filed under 25 U.S.C. 3001 - 3013 (Native American Graves Protection and Repatriation Act), a person who claims ownership of an artifact in the collection of the Alaska State Museum may petition the senior curator of collections of the museum for a determination of ownership. A petition must identify all evidence in support of the claimant's claim, and must state whether the claimant seeks to have the artifact deaccessioned and returned to the claimant. The senior curator of collections for the Alaska State Museum shall investigate the claim, and may interview witnesses and request that the claimant provide additional evidence. Not later than 60 days after receipt of the claim, the senior curator of collections shall issue a written decision on the ownership of the object. If requested by the senior curator of collections, the chief curator of the Alaska State Museum may grant a 30-day extension of time to complete the investigation. If the senior curator of collections determines that clear and convincing evidence supports the claimant's claim, the senior curator of collections shall issue a determination of ownership in favor of the claimant. The claimant may use the determination to support a petition for deaccession to the Museum Collections Advisory Committee established under AS 14.57.020.

History

Authority: AS 14.07.060; AS 14.57.010; AS 14.57.050
Eff. 8/18/2013, Register 207

Article 3 Museum Assistance Grants

4 AAC 58.200 Purpose {#sec-4-aac-58.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.200}

Museum assistance grants are awarded on an open competitive basis under AS 14.57.010(b)(10) to assist eligible museums and museum-related agencies to supplement and improve their services. The museum assistance grants program promotes and advances professional museum standards and practices in the state. A grant may be used only for museum-related projects and for the purposes for which it is awarded. The administrator of the state museums, or a designee, may require repayment of grant money used for other purposes.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

4 AAC 58.210 Eligibility {#sec-4-aac-58.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.210}

(a) A museum may apply for a museum assistance grant if

(1) the museum will be open to the public on a regularly scheduled basis, publicized in its area of service, in the fiscal year for which a grant is requested, and

(2) the grant will benefit one or more museums or museum-related agencies.

(b) A museum-related agency may apply for a museum assistance grant if

(1) the agency will be organized and operated for the benefit of the general public, through museum programs, projects, publications, museum staff development or initial development activities, in the fiscal year for which the grant is requested, and

(2) the grant will benefit one or more museums or museum-related agencies.

(c) Additional eligibility criteria for each fiscal year's grants may be imposed at the discretion of the administrator of state museums and will be included in the application forms for that year.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

4 AAC 58.220 Application {#sec-4-aac-58.220 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.220}

(a) A completed application for a museum assistance grant for a fiscal year must be filed with Alaska State Museums, Museum Services Office, at 395 Whittier St., Juneau, Alaska 99801, on a form provided by the administrator of state museums.

(b) An application for a fiscal year beginning after July 1, 1989 must be filed on or before June 1 of the previous fiscal year. An application for a short-term or emergency project such as an unexpected acquisition opportunity, cleaning after fire, flood, or Halon discharge, or other unplanned event, will be accepted up to May 31 of the fiscal year for which the grant is sought.

(c) A new application will not be considered if the applicant has failed to file one or more reports on previous grants as required by 4 AAC 58.260.

(d) Criteria for each year's grants will be included with the application forms.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

4 AAC 58.230 Decision on award and amount {#sec-4-aac-58.230 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.230}

(a) The administrator of state museums shall appoint a qualified review committee of at least three members, which shall score and rank the applications according to the criteria outlined in the application form.

(b) The administrator of state museums, or the administrator's designee, shall render a written decision on the amount, if any, of the grant awarded to each applicant, and the purposes of the grant, within 60 days after the June 1 deadline in 4 AAC 58.220.

(c) A museum assistance grant may be awarded in the amount requested under the current-year application instructions or in a lesser amount in accordance with the criteria outlined in the application form. A grant is subject to the availability of money. The amount awarded shall be based on the completed application forms and other material submitted by the applicants, the recommendations of museum staff, and the recommendations of the review committee.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

4 AAC 58.240 Amendment of application {#sec-4-aac-58.240 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.240}

(a) A grant application may be amended after a decision is made under 4 AAC 58.230 if the administrator of state museums or the administrator's designee finds that the amendment is in the best interests of the state.

(b) An amendment must be submitted for consideration under this section at least 60 days before the end of the fiscal year for which the grant is requested.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

4 AAC 58.250 Administrative review {#sec-4-aac-58.250 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.250}

(a) An applicant who is dissatisfied with a decision under 4 AAC 58.230 may request review of that decision by filing a request with the administrator of state museums within 15 days after receiving notice of the decision. The request for review must state the grounds for the request.

(b) The state Board of Education or its designee will render a decision on a request for review within 60 days after receipt of the request.

(c) The decision of the state Board of Education is the final administrative decision and is subject to review under the provisions of AS 44.62.560.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

4 AAC 58.260 Financial report {#sec-4-aac-58.260 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.260}

(a) A grant recipient shall file a report with the administrator of state museums for each fiscal year for which a grant is received. The financial report must be made on forms provided by the administrator of state museums and must include a narrative description of the project and a specific accounting of the use of grant money. The report must be filed on or before June 30 of the fiscal year for which the grant was received. The report must provide the information about activities and operations that the administrator of state museums requests, including information relating to the organization's service area, population served, facilities, assets and liabilities, use of resources, personnel, salaries, budget, statement of income and expenditure, collection and acquisition of materials or museum objects, hours of service, and intermuseum cooperation and resource sharing agreements.

(b) A museum or museum-related agency that fails to file a report or properly account for the use of grant money may be required to repay the money and is ineligible for any further grants.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

4 AAC 58.270 Recommendations regarding museum staff {#sec-4-aac-58.270 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.270}

At least one of a museum's qualified staff should be a paid employee, if possible, and should command an appropriate body of specialized knowledge and the ability to reach museological decisions consistent with the prevailing professional standards. The employee should have access to and acquaintance with the literature and current practices of the field.

History

Authority: AS 14.07.060; AS 14.57.010(b)
Eff. 10/21/89, Register 112

Article 4 Designation of Natural and Cultural History Repositories

4 AAC 58.300 Application {#sec-4-aac-58.300 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.300}

(a) A museum, a cultural center, or an affiliated research component of a museum or cultural center may apply to the department for designation as a natural and cultural history repository under AS 14.57.012.

(b) An application for designation as a natural and cultural history repository must be made on a form prescribed by the department. The application must be signed by the applicant institution's director or chief curator.

(c) An institution seeking designation as a natural and cultural history repository must submit an application to the department during an annual application period beginning March 1 and closing April 30.

(d) An application must describe in writing or otherwise substantiate that the institution seeking designation as a natural and cultural history repository

(1) meets each requirement set out in AS 14.57.012; and

(2) holds a current accreditation from the American Alliance of Museums or alternatively meets the standards set out in 4 AAC 58.305.

History

Authority: AS 14.07.060; AS 14.57.012 AS 14.57.010; AS 14.57.050
Eff. 3/6/15, Register 213

4 AAC 58.305 Alternative accreditation requirements {#sec-4-aac-58.305 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.305}

An application submitted by an institution that is not currently accredited by the American Alliance of Museums must demonstrate that the applicant institution

(1) currently maintains a certification or accreditation issued by a nationally recognized entity other than the American Alliance of Museums;

(2) operates under a curatorial and collections management plan that includes procedures for accessioning, cataloging, and deaccessioning museum property and for handling incoming and outgoing loans;

(3) has a written plan for the care of all collections and materials in case of institution closure;

(4) has a designated curator of record and staff trained in the curation and basic conservation of the collections contained in the holdings;

(5) has a written scope of collections statement that details the nature of present and future collections at the repository;

(6) has a written access plan that provides access to collections for scientific research, educational, administrative, or exhibition purposes;

(7) has procedures in place to protect confidential or sensitive information including site-specific locality information, nature of certain ethnographic collections, and objects addressed under 25 U.S.C. 3001 - 3013 (Native American Graves Protection and Repatriation Act (NAGPRA));

(8) has implemented an ethics policy regarding the behavior of curatorial staff; the policy must address the acquisition of personal collections, outside employment, and engagement in commercial collecting activities;

(9) stores specimens with appropriate environmental controls, including temperature and humidity, in order to prevent deterioration and minimize the need for conservation treatment;

(10) has a pest management plan and keeps the facility free of insects, vermin, mold, and mildew;

(11) forbids the consumption or storage of food and drink in the same rooms where collections are stored;

(12) protects all collection areas with both locks and alarm systems; a system must be in place that tracks all keys and security codes and identifies who is authorized to be in collections storage areas;

(13) has a fire prevention and suppression plan and equipment in place;

(14) maintains a visitor log or sign-in sheet in order to track the use of collections by non-museum staff;

(15) has a disaster preparedness plan in place which identifies known and potential hazards;

(16) separates collections storage areas from offices, employee gathering areas, and preparation and conservation laboratories, and has as few doors and windows as possible;

(17) stores collections away from utility service panels and water and sewer pipes; utility service panels and water and sewer pipes must be located outside of collections storage areas, and procedures must be in place to minimize the necessity to access conduits and utility corridors from collections storage areas; however, if the construction of the building necessitates the presence of water or sewer pipes in collections areas, the applicant institution must demonstrate how the collections are protected from potential disasters resulting from catastrophic failures of the pipes;

(18) has taken steps to minimize ultraviolet light in collections areas; windows must be shuttered or covered with ultraviolet filters; lighting must be designed to minimize ultraviolet radiation;

(19) stores collections in stable and secure cabinetry with smooth moving drawers and adequate clearance above each specimen; an oversized specimen may be stored on open shelving, but dust and ultraviolet covering must be considered in order to supplement protection;

(20) stores each object properly; an archive must be in an archival acid-free box or folder; object or artifact must be in an ethafoam-lined box, a non-gassing polyethylene reclosable bag, a glass vial, or another state-of-the-art container; each object or artifact must be cradled, supported, or positioned so that damage will not occur by the object's or artifact's own weight over time or by the opening and closing of sliding drawers;

(21) has a custodial plan that addresses daily waste collection, periodic cleaning, and sanitation procedures;

(22) safely stores flammable liquids away from all archival materials;

(23) maintains accession files that contain

(A) transmittal documentation that certifies that the specific collection, object, or archive was acquired and transferred by legitimate means; documentation may include

(i) a copy of a federal permit under 50 C.F.R. Parts 10 - 21;

(ii) a deed of gift;

(iii) a will and testament; or

(iv) a sales receipt;

(B) a receiving report that ensures that the specific collection falls within the repository's scope of collections statement and is approved by a museum director, curator, or other designated receiving official;

(C) pertinent contextual information, including field notes, maps, photographs, conservation or preparation records, and related archives; and

(D) administrative documentation that relates to the past, present, and future status of the collection;

(24) maintains conservation and preparation documentation that records techniques, chemicals, and treatments that have been applied to the objects, artifacts, or archives over time;

(25) has a system in place to monitor the status and location of objects while they are checked out of collections storage; the system may include outgoing loans or removal for study, conservation, preparation, or exhibit;

(26) ensures that all objects and archives display a unique catalog identification that includes the repository acronym and unique catalog number and identifies ownership;

(27) has a system in place to conduct a periodic inventory of its holdings that is at least a random sample inventory.

History

Authority: AS 14.07.060; AS 14.57.012 AS 14.57.010; AS 14.57.050
Eff. 3/6/2015, Register 213

4 AAC 58.310 Statement of assurances and affirmative obligation to report material change in conditions {#sec-4-aac-58.310 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.310}

On or before April 30 an institution that has received a designation as a natural and cultural history repository from the department shall annually provide the department with a statement of assurance that it continues to operate under the same physical conditions, management policies, and safety procedures described in its initial application. Additionally, the institution shall promptly report significant changes to the policies and conditions described in its application to the department.

History

Authority: AS 14.07.060; AS 14.57.012 AS 14.57.010; AS 14.57.050
Eff. 3/6/2015, Register 213

4 AAC 58.315 Review of designated repositories {#sec-4-aac-58.315 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.315}

(a) To ensure compliance with the requirements of 4 AAC 58.300 - 4 AAC 58.305, the department may monitor an institution that has received a designation as a natural and cultural history repository.

(b) Upon request by the department, the institution shall permit department personnel physical access to the institution and shall promptly comply with department requests to inspect any document referenced by the institution in its initial application or a statement of assurance under 4 AAC 58.310.

History

Authority: AS 14.07.060; AS 14.57.012 AS 14.57.010; AS 14.57.050
Eff. 3/6/2015, Register 213

4 AAC 58.320 Revocation of designation {#sec-4-aac-58.320 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.320}

The department may place an institution that has received a designation as a natural and cultural history repository on a plan of correction for a violation of 4 AAC 58.300 - 4 AAC 58.305. The department may withdraw an institution's designation as a natural and cultural repository if the department determines that the institution is unable or unwilling to properly address a violation of 4 AAC 58.300 - 4 AAC 58.305 identified in a plan of correction.

History

Authority: AS 14.07.060; AS 14.57.012 AS 14.57.010; AS 14.57.050
Eff. 3/6/2015, Register 213

4 AAC 58.390 Definition {#sec-4-aac-58.390 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.390}

In 4 AAC 58.300 - 4 AAC 58.390, "institution" has the meaning given in AS 14.57.012(f).

History

Authority: AS 14.07.060; AS 14.57.012 AS 14.57.010; AS 14.57.050
Eff. 3/6/2015, Register 213

Article 5 General Provisions

4 AAC 58.900 Definitions {#sec-4-aac-58.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 58.900}

As used in AS 14.57 and this chapter

(1) "museum" means an organized and permanent nonprofit institution, educational or aesthetic in purpose, with qualified staff, that owns, cares for, and uses tangible objects, and interprets and exhibits them to the public on some regular schedule;

(2) "museum-related agency" means a local, regional, or statewide nonprofit organization, such as an historical society, cultural heritage center, museum support group, or statewide museum association, the purpose of which is to augment and enhance museum services and practices;

(3) "nonprofit institution" means a municipality, or a nonprofit corporation in good standing under AS 10.20;

(4) "qualified staff" means at least one employee who is considered by the museum's governing authority to be qualified;

(5) "Alaska State Museum" means the state museum in Juneau, Alaska and, unless the context requires otherwise, a branch museum established and maintained under AS 14.57.010(a);

(6) "Sheldon Jackson Museum" means the branch of the state museum in Sitka, Alaska;

(7) "accession" means the process by which an object is made part of the permanent collection of the museum;

(8) "deaccession" means the process used to

(A) remove permanently an object from the museum's collection; or

(B) document the reasons for a removal required by law due to circumstances not controlled by the museum;

(9) "senior curator of collections" means the museum employee assigned to oversee the operations of the museum's permanent collections.

History

Authority: AS 14.07.060; AS 14.57.010
Eff. 10/21/89, Register 112; am 4/19/95, Register 134; am 8/18/2013, Register 207

Chapter 59 Alaska State Archives and Records and Information Management Services (ASA) and (RIMS)

4 AAC 59.005 Retention and preservation of electronic records {#sec-4-aac-59.005 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.005}

(a) A state agency shall establish internal procedures to comply with state archives and records management standards for creation, use, maintenance, storage, retention, preservation, and disposition of state records in an electronic format. The procedures shall

(1) integrate the management of electronic records with other records and information technology resources of the agency;

(2) identify the electronic records created, used, received, or maintained by the agency to ensure that the records appear on the agency's records retention schedule;

(3) ensure the development and maintenance of documentation of electronic records systems used by the agency that specifies the characteristics necessary for reading or processing the records, including a narrative description of the system and the physical and technical characteristics of the records;

(4) ensure the retention of the agency's electronic records until a disposition period has been approved by the state archivist, the attorney general, the commissioner of administration, and the agency head;

(5) ensure that an electronic record's content, context, and structure are evident and easily retrieved and understood;

(6) protect any confidential, privileged, proprietary, or security information;

(7) provide for the management of public records maintained on the agency's website to ensure that web content is trustworthy, complete, accessible, and durable for as long as the records retention schedule approved under this section requires;

(8) provide a security plan to prevent unintentional or unauthorized addition, modification, deletion, or corruption of electronic records and to ensure routine back-up of essential information against loss due to equipment malfunction, power interruption, human acts, and natural events;

(9) provide for the transfer of long-term and permanent electronic records from an existing system to a new system if it is evident that the existing system will become obsolete or inoperable;

(10) ensure that the agency's electronic records are durable for as long as the records retention schedule approved under this section requires; and

(11) ensure the consideration of the following factors before the selection of a storage media or the conversion of an electronic record from one media to another:

(A) the length of the retention period for the record;

(B) the maintenance necessary for the entire life cycle of the record;

(D) the time needed to retrieve the record;

(E) the portability of the medium, including the readability of medium by multiple manufacturers; and

(F) the transferability of the record from one medium to another.

(b) A state agency shall create, capture, maintain, and store electronic records, in accordance with the following minimum standards to the extent possible:

(1) digital images on electronic records must be in a non-proprietary image format in wide usage;

(2) scanned images on electronic records must meet the following minimum scanning densities:

(A) standard letter quality records, 200 dots per inch;

(B) photographs and other higher quality or more detailed records, 400 dots per inch;

(D) deteriorating documents, 600 dots per inch;

(3) long-term and permanent back-up and security magnetic tapes maintained or stored on-site or in a state-approved facility must be kept at a constant temperature of 62 degrees to 68 degrees Fahrenheit and a constant relative humidity of 35 percent to 45 percent;

(4) electronic records must be stored in non-magnetic containers that are resistant to impact, dust intrusion, and moisture;

(5) non-magnetic containers described in (4) of this subsection must be stored at least six feet away from magnetic field sources, including generators, elevators, transformers, loudspeakers, microphones, headphones, magnetic cabinet latches, and magnetized tools;

(6) compact disks must be stored in hard cases and not in cardboard, paper, or plastic sleeves.

(c) If the state archivist determines the electronic record as a temporary record under this chapter, the electronic record may be stored on any medium, including optical disk, that ensures the maintenance of the record until its disposal is authorized under AS 40.21 and this chapter.

(d) The state archivist may accept into the state archives analog videodiscs and compact disks used for data, digital audio playback, or document storage.

(e) Original photographs determined by the state archivist as permanent and copied onto a videodisc must be scheduled for transfer to the state archives along with a copy of the videodisc.

(f) Permanent records must be transferred by an agency to the state archives when the agency becomes inactive or whenever the agency cannot provide proper care and handling of the record. Electronic records must be transferred by an agency to the state archives on paper, microforms, magnetic tape, or an electronic format otherwise meeting the requirements of this section. If the records are transferred on magnetic tape, the transferred tapes on which the information is recorded must be new tapes. If electronic records are transferred to the state archives, documentation adequate for servicing and interpreting the records must be transferred with the electronic records.

History

Authority: AS 40.21.030; AS 40.21.050; AS 40.21.060
Eff. 10/2/94, Register 131; am 10/18/2007, Register 184

4 AAC 59.010 Records officers {#sec-4-aac-59.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.010}

A records officer of a state agency appointed under AS 40.21.060(9) shall

(1) attend education and training courses offered by the Alaska State Archives (ASA) and Records and Information Management Services (RIMS);

(2) adhere to records management statutes and regulations and internal procedures established by the state archivist;

(3) after approval by the state archivist, prepare for issuance by the state agency directives to establish objectives, responsibilities, and authorities for management of agency records;

(4) guide and monitor agency officers and employees in the application of records management practices for the economical and efficient creation, maintenance, use, and disposition of agency records; and

(5) coordinate agency-wide activities to ensure compliance with AS 40.21, other state law, or this chapter for

(A) adequacy of documentation;

(B) the creation, maintenance, and use of active records;

(D) storage of inactive records;

(E) identification and protection of essential records;

(F) protection of records designated as archival;

(G) transfer of archival records to the Alaska State Archives and Records and Information Management Services;

(H) microreproduction of records; and

(I) use of electronic records storage and retrieval systems and materials.

History

Authority: AS 40.21.030; AS 40.21.050; AS 40.21.060
Eff. 10/2/94, Register 131; am 8/26/2015, Register 215

4 AAC 59.015 Agency records retention schedule {#sec-4-aac-59.015 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.015}

(a) An agency shall prepare a records retention schedule for all agency records and submit the schedule to the state archivist.

(b) The state archivist shall

(1) review the records retention schedule to determine whether the schedule adequately protects the state's historical interest in the records;

(2) submit the records retention schedule to the commissioner of administration to determine whether the schedule adequately protects the state's administrative interests in the records;

(3) submit the records retention schedule to the attorney general to determine whether the schedule adequately protects the state's legal interests in the records; and

(4) after determining that the records retention schedule protects the state's interests in the records and receiving approval from the attorney general, give final approval to the schedule.

(d) An approved records retention schedule may not be changed unless the state archivist, the commissioner of administration, the attorney general, and the chief executive officer of the agency give written approval to the change.

History

Authority: AS 40.21.030; AS 40.21.050
Eff. 10/2/94, Register 131

4 AAC 59.020 General records retention schedule {#sec-4-aac-59.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.020}

(a) The state archivist will, in the archivist's discretion, set one or more general records retention schedules authorizing disposition of records common to one or more agencies.

(b) The state archivist shall provide a copy of any schedule set under (a) of this section to an agency whose records are subject to the schedule.

(c) An agency shall follow the general records retention schedule, except that if a record is listed both on the general records retention schedule and approved agency records retention schedule, the agency shall follow the approved agency records retention schedule.

History

Authority: AS 40.21.030; AS 40.21.050; AS 40.21.060
Eff. 10/2/94, Register 131

4 AAC 59.025 Disposition of unscheduled records {#sec-4-aac-59.025 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.025}

(a) A public record for which there is no records retention schedule may not be destroyed without authorization under this chapter.

(b) An agency requesting approval to destroy a record not on a records retention schedule shall prepare and submit to the Alaska State Archives and Records and Information Management Services a records disposition authorization listing the records recommended for disposition.

(c) If the state archivist, attorney general, commissioner of administration, and chief executive officer determine that destruction of the record is appropriate and sign the records disposition authorization, the record is approved for destruction by the state archivist.

(d) If the state archivist determines that a record is a permanent record, and that destruction of the record is inappropriate, the state archivist shall authorize transfer of the record to the state archives and indicate that action on the records disposition authorization.

History

Authority: AS 40.21.030; AS 40.21.050
Eff. 10/2/94, Register 131; am 8/28/2015, Register 215

4 AAC 59.030 Methods of destruction for confidential records {#sec-4-aac-59.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.030}

Methods of destruction of a confidential record by a state agency must be approved by the state archivist.

History

Authority: AS 40.21.030; AS 40.21.050; AS 40.21.110
Eff. 10/2/94, Register 131

4 AAC 59.035 Agency records storage facilities {#sec-4-aac-59.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.035}

A storage facility for agency records other than the state agency office, the state records center, or a state-approved contract facility must be approved by the state archivist.

History

Authority: AS 40.21.030; AS 40.21.050; AS 40.21.110
Eff. 10/2/94, Register 131

4 AAC 59.045 Archival custody of records {#sec-4-aac-59.045 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.045}

(a) Records in the state archives are the property of the state in both the physical and legal custody of the state archives. As legal custodian, the state archivist shall permanently preserve the records for legal, administrative, and historical purposes.

(b) Records in legal custody of the state archives may not be removed from the physical custody of the state archivist, without the written permission of the state archivist.

History

Authority: AS 40.21.030; AS 40.21.050; AS 40.21.110
Eff. 10/2/94, Register 131

4 AAC 59.050 Recovery of state records {#sec-4-aac-59.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.050}

The chief executive officer of a state agency shall notify the state archivist of any actual, impending, or threatened unlawful removal, defacing, alteration or destruction of records that may come to that officer's attention. The state archivist will immediately notify the attorney general and request appropriate action for recovery of the records unlawfully removed and for other relief available under the law.

History

Authority: AS 40.21.030; AS 40.21.060 AS 40.21.050; AS 40.21.110
Eff. 10/2/94, Register 131

4 AAC 59.055 Delivery of records by public official to successor {#sec-4-aac-59.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.055}

At the expiration of a public official's term of office or appointment, a public official who has custody of any state records, excluding personal records, shall deliver the records to that official's successor or, if the records are not currently needed by the state agency, to the state archives.

History

Authority: AS 40.21.050; AS 40.21.060; AS 40.21.110
Eff. 10/2/94, Register 131

4 AAC 59.060 Microforms and microform systems {#sec-4-aac-59.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.060}

(a) This section establishes the minimum requirements for the design, production, retention, and certification for microforms of state records.

(b) A state agency shall

(1) establish internal procedures that comply with AS 40.21, other state law, this chapter, internal procedures of the Alaska State Archives for state agencies, and internal procedures of the Records and Information Management Services for state agencies, including recordkeeping and disposition, before implementing new micrographic systems or modifying existing systems, and consult with staff of the Alaska State Archives and Records and Information Management Services when designing or modifying microform systems;

(2) identify any microforms created, used, received, or maintained in its office to ensure that these records appear on the agency records retention schedule, and update the agency records retention schedule to include the microform copy when converting paper records;

(3) ensure that microforms meet or exceed the micrographic standards set out in the American National Standards Institute and the Association for Information and Image Management, Standard Recommended Practice - Production, Inspection, and Quality Assurance of First-Generation, Silver Microforms of Documents, ANSI/AIIM MS23-2004 revised as of December 22, 2005 and adopted by reference in this paragraph;

(4) certify that microforms are authentic copies of original state records;

(5) index and label microforms according to requirements of the Alaska State Archives and Records and Information Management Services and the agency records retention schedule;

(6) develop and maintain procedural information about the microform system, including software and hardware documentation if computer assisted retrieval systems are used; and

(7) transfer microforms to the state records center or state archives, or dispose of microforms according to the agency records retention schedule.

History

Authority: AS 40.21.050; AS 40.21.120; AS 40.21.140 AS 40.21.060; AS 40.21.130
Eff. 10/2/94, Register 131; am 8/28/2015, Register 215

4 AAC 59.065 Provision of records; fees for copies of records {#sec-4-aac-59.065 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.065}

(a) The Alaska State Archives and the Records and Information Management Services shall charge fees for copies of records provided by the Alaska State Archives and Records and Information Management Services in the amounts set out as follows:

(1) for photocopying services,

(A) $.20 per page for self-service;

(B) $.20 per page, plus $60 per hour if an employee of the Alaska State Archives photocopies the material;

(2) for microfiche duplication, reel-to-reel microfilm duplication, microfilm copies of microfilmed records, audio-visual records, and electronic records, the charge is the actual cost of materials plus $60 per hour if an employee of the Alaska State Archives provides assistance in duplicating the material.

(b) Repealed 8/28/2015.

(c) If a person requests duplication of photographs from its collection, the Alaska State Archives and Records and Information Management Services shall charge a $30 fee for use of a photograph in publishing, video production, exhibits, product presentations, interior design, digital format, advertising, or similar use, including for-profit work done by a consultant or commercial design firm on behalf of a government agency or a non-profit institution. The fee charged under this subsection is for one-time non-exclusive use and is levied in addition to other processing and service charges. The fee charged under this subsection applies whether the photographic image is provided by the state archives or is made by the user. The Alaska State Archives and Records and Information Management Services shall waive, in whole or in part, a fee for photographic use if the director of the departmental division that oversees libraries, archives, and museums determines that it is in the public interest.

(d) Repealed 8/28/2015.

History

Authority: AS 40.21.030; AS 40.21.050; AS 40.21.120
Eff. 10/2/94, Register 131; am 5/1/98, Register 146; am 10/18/2007, Register 184; am 8/28/2015, Register 215; am 12/20/2020, Register 236

4 AAC 59.070 Definitions {#sec-4-aac-59.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.070}

Repealed.

History

Eff. 10/2/94, Register 131; repealed 8/28/2015, Register 215

4 AAC 59.900 Definitions {#sec-4-aac-59.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 59.900}

(a) In AS 40.21 and this chapter, "record"

(1) has the meaning given in AS 40.21.150;

(2) includes computer-readable tape, discs, or other media.

(b) In this chapter, unless the context otherwise requires,

(1) "agency" or "state agency" has the meaning given in AS 40.21.150;

(2) "electronic record" means any information that is recorded in machine-readable form;

(3) "microform" means any form of record, usually film, that contains microimages;

(4) "optical disk"

(A) means a noncontact, random-access disk tracked by optical laser beams used for mass storage and retrieval of digitized text and graphics;

(B) includes optical digital disks and optical digital data disks; types of optical disks include WORM (write once read many), CD-ROM (compact disk - read only memory), and CP-I (compact disk - interactive);

(5) "permanent record" means a noncurrent record of an organization that has continuing legal, administrative, or historical value to the state sufficient to warrant the record's continued preservation by the state archivist and that has been accepted for deposit in the state archivist's custody;

(6) "records center" has the meaning given in AS 40.21.150;

(7) "state archives" means the Alaska State Archives established in AS 40.21.020.

History

Authority: AS 40.21.010; AS 40.21.050 AS 40.21.030; AS 40.21.150
Eff. 8/28/2015, Register 215

Chapter 60 Pre-Elementary (Early Childhood) School

4 AAC 60.010 Applicability {#sec-4-aac-60.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.010}

This chapter applies to a pre-elementary school in the state that is

(1) primarily designed to prepare children for elementary school;

(2) operated by

(A) a school district and regularly serves a group of five or more children ages three through five years in a classroom setting; or

(B) a Head Start agency as a Head Start program under 42 U.S.C. 9831 - 9852c; and

(3) not exempt under 4 AAC 60.020.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 4/20/73, Register 45; am 5/20/77, Register 62; am 2/5/2010, Register 193; am 9/16/2017, Register 223

4 AAC 60.020 Exemptions {#sec-4-aac-60.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.020}

The following are not pre-elementary schools under the jurisdiction of the department and are exempt from the requirements of this chapter:

(1) a facility located on a United States Department of Defense or United States Coast Guard installation that is located on federal property;

(2) a facility certified as a family child care provider by a branch of the United States Department of Defense or the United States Coast Guard;

(3) a child care facility licensed or required to be licensed under AS 47.32 and 7 AAC 57;

(4) a child care provider approved or required to be approved under AS 47.25 and 7 AAC 41;

(5) a pre-elementary school that operates for less than five weeks in any 12-month period.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 4/20/73, Register 45; am 5/20/77, Register 62; am 8/30/86, Register 99; am 2/5/2010, Register 193; am 9/16/2017, Register 223

4 AAC 60.030 Application for a certificate of approval {#sec-4-aac-60.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.030}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.035 Background checks and health and safety standards {#sec-4-aac-60.035 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.035}

Repealed.

History

Eff. 2/5/2010, Register 193; repealed 9/16/2017, Register 223

4 AAC 60.036 Initial application, renewal of approval, and assurances regarding programmatic requirements {#sec-4-aac-60.036 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.036}

(a) At least 30 days before the student start-date for a new pre-elementary school, a school district or Head Start agency seeking to operate a pre-elementary school must submit to the department an application on a form prescribed by the department. The application must include the assurances and signatures required under (b) of this section.

(b) A school district or Head Start agency that seeks to operate a pre-elementary school under this chapter must submit assurances to the department indicating that the school district or Head Start agency has adopted written policies that ensure compliance with the programmatic requirements of 4 AAC 60.170. The assurances must be signed by the superintendent for the district or by an authorized executive for the Head Start agency.

(c) Not later than 30 days after the receipt of an application for a new pre-elementary school, the department will grant or deny approval for the pre-elementary school to operate or will request more information. The applicant may begin operating the pre-elementary school only upon receipt of the written approval of the department.

(d) Annually, not later than September 15, an approved pre-elementary school must submit an application for renewal of department approval with a completed assurances form as described in (b) of this section. The assurances form must be signed by the superintendent for a district or by an authorized executive for a Head Start agency.

(e) Annually, not later than October 1, the department will grant or deny renewal of approval to operate the pre-elementary school or will request more information. The renewed approval is effective from the date of receipt by the applicant or October l, whichever is later, through September 30 of the following school year.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 9/16/2017, Register 223

4 AAC 60.037 Transition {#sec-4-aac-60.037 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.037}

Repealed.

History

Eff. 9/16/2017, Register 223; repealed 7/1/2023, Register 247

4 AAC 60.039 Monitoring, record keeping, and inspections {#sec-4-aac-60.039 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.039}

(a) The department may conduct onsite or remote monitoring of a pre-elementary school at any time and without notice to determine whether a pre-elementary school is operating in compliance with this chapter and the assurances it makes to the department.

(b) The school district or Head Start agency operating a pre-elementary school shall maintain all records required under this chapter for five years after the record is created and shall provide copies of those records to the department upon written request.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 9/16/2017, Register 223

4 AAC 60.040 Denial of approval; appeal {#sec-4-aac-60.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.040}

A school district or Head Start agency that is denied an approval to operate a pre-elementary school under this chapter may file an appeal under the procedures in 4 AAC 40.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 4/20/73, Register 45; am 5/20/77, Register 62; am 2/5/2010, Register 193; am 9/16/2017, Register 223

4 AAC 60.050 Duration of approval {#sec-4-aac-60.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.050}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.060 Display of certificate {#sec-4-aac-60.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.060}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.070 Certificate of approval {#sec-4-aac-60.070 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.070}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.080 Insurance {#sec-4-aac-60.080 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.080}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.090 Records {#sec-4-aac-60.090 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.090}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.100 Physical examination for children {#sec-4-aac-60.100 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.100}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; am 8/17/78, Register 67; am 9/24/82, Register 83; am 3/8/2002, Register 161; repealed 2/5/2010, Register 193

4 AAC 60.110 Physical examinations for employees and volunteers {#sec-4-aac-60.110 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.110}

Repealed 5/20/77.

4 AAC 60.115 Staff {#sec-4-aac-60.115 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.115}

Repealed.

History

Eff. 5/20/77, Register 62; am 12/13/87, Register 104; am 9/1/2006, Register 179; repealed 2/5/2010, Register 193

4 AAC 60.120 Recognition of special needs {#sec-4-aac-60.120 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.120}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.130 Disaster plan {#sec-4-aac-60.130 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.130}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.140 Facility inspections {#sec-4-aac-60.140 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.140}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.150 Changes in major written policies, plans, programs {#sec-4-aac-60.150 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.150}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.160 Nondiscrimination {#sec-4-aac-60.160 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.160}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.170 Programmatic requirements for pre-elementary schools {#sec-4-aac-60.170 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.170}

(a) A pre-elementary school that is subject to this chapter must implement the guidelines for an early learning program described in the department's publication State of Alaska Early Learning Guidelines, dated January 2020, and adopted by reference. The school must assess each child to determine the child's progress or status on all domain areas of development described in the guidelines.

(b) A pre-elementary school that is subject to this chapter shall submit to the department an annual report not later than June 30 on a form prescribed by the department. The school shall make the report available to parents and the public by August 1 of the next school year.

History

Authority: AS 14.07.020; AS 14.07.060
Eff. 4/20/73, Register 45; am 5/20/77, Register 62; am 2/5/2010, Register 193; am 9/16/2017, Register 223; am 6/20/2021, Register 238

4 AAC 60.175 Transportation {#sec-4-aac-60.175 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.175}

Repealed.

History

Eff. 5/20/77, Register 62; repealed 2/5/2010, Register 193

4 AAC 60.180 Definitions {#sec-4-aac-60.180 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.180}

Repealed.

History

Eff. 4/20/73, Register 45; am 5/20/77, Register 62; am 2/5/2010, Register 193; am 9/16/2017, Register 223; repealed 7/1/2023, Register 247

4 AAC 60.190 High quality early education program standards {#sec-4-aac-60.190 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.190}

(a) A district-wide early education program must

(1) adopt an evidence-based program of learning that complies with the standards of (b) of this section;

(2) have a certificated teacher in charge of the program who meets the criteria of AS 14.07.165(a)(5)(B);

(3) implement the guidelines for an early education program described in the department's State of Alaska Early Learning Guidelines, adopted by reference in 4 AAC 60.170;

(4) have a minimum day in session of two hours a day, five days a week; and

(5) accommodate the early education needs of district children and their families, regardless of socioeconomic circumstances.

(b) The standards for a high quality early education program provided by a district-wide early education program, as set out in the department's publication Alaska Early Education Program Standards, dated April 2023, are adopted by reference.

(c) A school district that complies with (a) and (b) of this section may adapt its early learning program to align with the cultural values and customs of the district community.

History

Authority: AS 14.07.020; AS 14.07.165 AS 14.07.060; AS 14.17.180
Eff. 7/1/2023, Register 247

4 AAC 60.195 District accountability; revocation of approval of district-wide early education program {#sec-4-aac-60.195 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.195}

(a) Annually, a district providing a district-wide early education program shall submit an average daily membership (ADM) assurances report in a format prescribed by the department. The ADM assurances report must be submitted to the department not later than two weeks after the end of the student count period under 4 AAC 09.015. In the report, the district shall certify that its district-wide early education program complies with the high quality early education program standards under 4 AAC 60.190.

(b) An individual may submit a complaint to the department concerning a district's compliance with the high quality early education program standards under 4 AAC 60.190. The complaint must include

(1) a statement describing the alleged violation;

(2) a statement of facts;

(3) the name and address of the complainant; and

(4) documentation that the complainant presented the complaint to the school district.

(c) Upon receipt of a complaint, the department will conduct a scheduled review of the district-wide early education program. The department will provide a minimum of 30 days' notice to the district of the date and purpose of the review.

(d) Not later than 30 days after conclusion of a scheduled program review, the department will submit written results of the program review to the district. The written results must include a statement of substantiated or unsubstantiated non-compliance.

(e) If a scheduled review indicates substantiated non-compliance, the district has 90 days to submit evidence of correction of the substantiated non-compliance on a form and in a manner prescribed by the department. The department will review the evidence of correction and provide the district with a written determination not later than 30 days after receipt of the district's evidence of corrective action under (d) of this section.

(f) If a district fails to provide the department with evidence of corrective action, or the department's review under (e) of this section indicates that a district is substantially noncompliant with the high quality early education program standards under 4 AAC 60.190, the district is ineligible to claim its early education program students in the ADM.

(g) The department will provide a notice of ADM ineligibility under (f) of this section not later than 30 days after receipt of the district's documentation of corrective action completion.

(h) A district may appeal a determination by the department under (g) or (k) of this section under 4 AAC 40.

(i) The department's revocation of a district's eligibility for 0.5 ADM for purposes of AS 14.17.500(d) takes effect the following school year.

(j) The department will review approved district-wide early education programs to ensure that compliance with the Alaska Early Education Program Standards, adopted by reference in 4 AAC 60.190(b), is maintained.

(k) The department may revoke approval of a district-wide early education program if the department determines that the district has not maintained compliance with the Alaska Early Education Program Standards, adopted by reference in 4 AAC 60.190(b).

History

Authority: AS 14.03.410; AS 14.07.060; AS 14.17.500 AS 14.07.020; AS 14.07.165
Eff. 7/1/2023, Register 247

4 AAC 60.200 District-wide early education program grants; applications; duration; award determinations {#sec-4-aac-60.200 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.200}

(a) A school district identified by the department as eligible for a district-wide early education program grant under AS 14.03.410(c) may submit a grant application on a form prescribed by the department not later than May 15 of the application year. In addition to the application, an applicant school district shall submit, in a format prescribed by the department,

(1) a one-page program summary;

(2) an application narrative;

(3) a budget narrative form;

(4) written documentation of outreach efforts conducted by the district;

(5) written documentation that the school district consulted with all local and tribal Head Start programs within the district;

(6) for each program that the school district consulted with under (5) of this subsection, an acknowledgment signed by a person with authority to act on behalf of the program stating that the district-wide early education program is not, or would not be, duplicative of an existing program and that eligible students would not be negatively affected by developing and improving a district-wide early education program;

(7) certification that the applicant is not presently debarred, suspended, ineligible, or voluntarily excluded from participation in primary covered transactions by any federal department or agency; and

(8) a district-wide early education program consultation form.

(b) The department may award a district-wide early education program grant to a district that meets the criteria of AS 14.03.410 and this section. When making an award determination, the department will consider whether an applicant school district

(1) has previously received a district-wide early education program grant;

(2) is the current recipient of a district-wide early education program grant under this section;

(3) has an insufficient number of children in the district attending high-quality child care programs; and

(4) has conducted outreach within the district to ensure that the proposed district-wide early education program is not duplicative of existing programs.

(c) The department will prioritize grant applications from eligible school districts that rank lowest on district accountability system and performance designations under AS 14.03.123 and 4 AAC 06.812.

(d) A district-wide early education program grant award has a three-year duration.

(e) A non-school district agency is not eligible for a grant award under this section.

(f) In this section, "high quality child care program" includes any of the following, if the program meets the Alaska Early Education Program Standards, adopted by reference in 4 AAC 60.190(b):

(1) a Head Start program;

(2) an early education program provided by a local government; and

(3) an early education program provided by a child development agency.

History

Authority: AS 14.03.410; AS 14.07.020; AS 14.07.060
Eff. 7/1/2023, Register 247

4 AAC 60.205 District-wide early education program grant recipient obligations {#sec-4-aac-60.205 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.205}

(a) During the grant period, a school district that receives a grant award under 4 AAC 60.200 shall demonstrate progress towards meeting or exceeding the standards for a high-quality early education program under AS 14.07.165(a)(5) and 4 AAC 60.190 by complying with the department's grant reporting requirements and submitting a year-end report to the department.

(b) After expiration of the grant period, a school district grant recipient that has demonstrated progress toward meeting or exceeding high-quality early education program standards under (a) of this section may apply for inclusion of the early education program's students in the district's student count under AS 14.17.600 and 4 AAC 60.210.

(c) A school district early education program grant award recipient shall comply with the department's fiscal and program requirements. To comply, an award recipient must

(1) implement the high-quality early education program standards under 4 AAC 60.190, in accordance with the grant application with the goal of meeting all of the standards by the end of the three-year grant period;

(2) submit, within the department's grants management system (GMS), quarterly reports and budget reimbursement requests on a quarterly basis in a format prescribed by the department;

(3) submit an annual application under 4 AAC 60.036 to operate;

(4) assess each child to determine individual progress or status on all domain areas in the State of Alaska Early Learning Guidelines, adopted by reference in 4 AAC 60.170;

(5) assign a student identification number to all students enrolled in the district early education program;

(6) secure adequate personnel to perform services under the grant;

(7) accommodate program attendance by homeless children in accordance with 42 U.S.C. 11432(g)(1)(F)(i) and (6)(A)(iii); and

(8) submit an annual report on a form prescribed by the department describing progress towards meeting the high-quality early education program standards under 4 AAC 60.190.

History

Authority: AS 14.03.410; AS 14.07.060 AS 14.07.020; AS 14.60.010
Eff. 7/1/2023, Register 247

4 AAC 60.210 Criteria for inclusion of district-wide early education program students within a district's ADM {#sec-4-aac-60.210 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.210}

(a) A school district that meets the requirements of (b) of this section may apply to the department for inclusion of district-wide early education program students in the district's student count under AS 14.17.600 as one-half of a full-time equivalent student for purposes of AS 14.17.500(d).

(b) For early education program students to be included in a district's student count, the district-wide early education program

(1) must be approved by the department;

(2) must meet the Alaska Early Education Program Standards, adopted by reference in 4 AAC 60.190(b), or successfully complete a three-year grant program under 4 AAC 60.200 - 4 AAC 60.205; and

(3) may not receive state or federal funding for the early education program.

(c) An application for inclusion of district-wide early education program students in a district's student count must be submitted to the department not later than May 15 of the year before the school year the students would be counted in.

(d) A district must receive written approval from the department before the district-wide early education program students may be counted as one-half of a full-time equivalent student in the district's average daily membership count.

(e) If a district does not receive written approval from the department by September 1 of the year the students would be counted in, the district may not include the students in their average daily membership count. The district may apply again for the following year.

(f) To receive the 0.5 ADM for an enrolled student, a district-wide early education program must

(1) have a certificated teacher in charge of the program who meets the criteria of AS 14.07.165(a)(5)(B); and

(2) meet the criteria of 4 AAC 60.190(a).

(g) If a school district partners with a local or tribal Head Start program and the program is operated by the local or tribal Head Start, the district may not apply to the department for inclusion in the district's student count.

(h) If a school district partners with a local or tribal Head Start program and the program is operated by the district, then the district may apply to the department for inclusion in the district's student count.

(i) The department's approval to include district-wide early education program students as one-half of a full-time equivalent student is valid for a three-year period. After expiration of the three-year period, a district must re-apply in accordance with this section.

History

Authority: AS 14.03.410; AS 14.07.060 AS 14.07.020; AS 14.17.500
Eff. 7/1/2023, Register 247

4 AAC 60.990 Definitions {#sec-4-aac-60.990 omnilex-key=us-ak-regs-official--title-4--4 AAC 60.990}

In this chapter,

(1) "average daily membership" or "ADM" has the meaning given in AS 14.17.990;

(2) "commissioner" means the commissioner of education and early development;

(3) "culturally responsive" has the meaning given in AS 14.60.010;

(4) "department" means the Department of Education and Early Development;

(5) "district-wide early education program" means a program, the primary function of which is educational, provided by a school district

(A) for children who are four and five years of age and who have not attended a public school kindergarten; and

(B) that receives a grant under 4 AAC 60.200 or 0.5 ADM funding under 4 AAC 60.210;

(6) "Head Start agency" means an agency that operates in the state as a Head Start program under 42 U.S.C. 9831 - 9852c;

(7) "parent" or "guardian" has the meaning given in AS 14.60.010;

(8) "pre-elementary school" means a program or school, the primary function of which is educational, for children ages three through five years; in this paragraph, "pre-elementary school" includes a district-wide early education program.

History

Authority: AS 14.03.060; AS 14.07.060; AS 14.60.010 AS 14 03.410AS 14.07.165 AS 14.07.020; AS 14.17.290
Eff. 7/1/2023, Register 247

Chapter 62 Child Care Facilities Licensing

Eff. 2/8/2002, Register 161; repealed 6/23/2006, Register 178

Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; repealed 6/23/2006, Register 178

Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; am 10/4/2002, Register 163; repealed 6/23/2006, Register 178

Article 4 Admission

4 AAC 62.300 Admission and planning for care {#sec-4-aac-62.300 omnilex-key=us-ak-regs-official--title-4--4 AAC 62.300}

Repealed.

History

Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; am 10/3/2002, Register 163; am 10/4/2002, Register 163; repealed 6/23/2006, Register 178

4 AAC 62.310 Information for parents {#sec-4-aac-62.310 omnilex-key=us-ak-regs-official--title-4--4 AAC 62.310}

Repealed.

History

Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; am 12/6/2002, Register 164; repealed 6/23/2006, Register 178

Eff. 2/8/2002, Register 161; repealed 6/23/2006, Register 178

Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; am 10/4/2002, Register 163; am 11/9/2002, Register 164; am 12/6/2002, Register 164; repealed 6/23/2006, Register 178

Eff. 2/8/2002, Register 161; repealed 6/23/2006, Register 178

Article 8 Miscellaneous Provisions

4 AAC 62.990 Definitions {#sec-4-aac-62.990 omnilex-key=us-ak-regs-official--title-4--4 AAC 62.990}

Repealed.

History

Eff. 1/1/96, Register 136; am 3/1/98, Register 145; am 2/8/2002, Register 161; am 2/24/2002, Register 161; am 10/3/2002, Register 163; am 10/4/2002, Register 163; am 12/6/2002, Register 164; repealed 6/23/2006, Register 178

Chapter 64 Child Care Grant Program

Article 1 Applicability

4 AAC 64.010 Applicability {#sec-4-aac-64.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 64.010}

Repealed.

History

Eff. 9/12/97, Register 143; repealed 6/23/2006, Register 178

Eff. 9/12/97, Register 143; repealed 6/23/2006, Register 178

Article 3 Appeal Procedures

4 AAC 64.800 Appeal; waiver of provisions {#sec-4-aac-64.800 omnilex-key=us-ak-regs-official--title-4--4 AAC 64.800}

Repealed.

History

Eff. 9/12/97, Register 143; repealed 6/23/2006, Register 178

Article 4 General Provisions

4 AAC 64.900 Calculation of average daily full-time equivalent {#sec-4-aac-64.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 64.900}

Repealed.

History

Eff. 9/12/97, Register 143; repealed 6/23/2006, Register 178

4 AAC 64.990 Definitions {#sec-4-aac-64.990 omnilex-key=us-ak-regs-official--title-4--4 AAC 64.990}

Repealed.

History

Eff. 9/12/97, Register 143; am 11/11/98, Register 148; repealed 6/23/2006, Register 178

Chapter 65 Child Care Assistance Program

Eff. 9/12/97, Register 143; am 3/8/2002, Register 161; repealed 6/23/2006, Register 178

Eff. 6/28/90, Register 114; am 9/12/97, Register 143; repealed 6/23/2006, Register 178

Eff. 6/28/90, Register 114; am 4/30/91, Register 118; am 9/12/97, Register 143; am 9/11/2002, Register 163; repealed 6/23/2006, Register 178

Eff. 3/8/2002, Register 161; repealed 6/23/2006, Register 178

Article 5 (Repealed)

4 AAC 65.520 Child care subsidy pilot project {#sec-4-aac-65.520 omnilex-key=us-ak-regs-official--title-4--4 AAC 65.520}

Repealed.

History

Eff. 11/11/98, Register 148; repealed 3/8/2002, Register 161

Article 6 Definitions

4 AAC 65.901 Definitions {#sec-4-aac-65.901 omnilex-key=us-ak-regs-official--title-4--4 AAC 65.901}

Repealed.

History

Eff. 6/28/90, Register 114; am 4/30/91, Register 118; am 9/12/97, Register 143; am 11/11/98, Register 148; am 3/8/2002, Register 161; am 9/11/2002, Register 163; am 11/10/2002, Register 164; repealed 6/23/2006, Register 178

Chapter 66 Regional Resource Centers

4 AAC 66.010 Boundaries, property, assets, and liabilities {#sec-4-aac-66.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 66.010}

(a) A regional resource center must consist of more than one school district.

(b) The school districts of the state public school system may establish the following regional resource centers:

(1) Southcentral, Aleutian Chain, and Kodiak Regional Resource Center, which is bounded by the areas served by the following school districts:

(A) Adak Regional School District;

(B) Anchorage School District;

(D) Aleutian Region School District;

(E) Chugach School District;

(F) Copper River School District;

(G) Cordova City School District;

(H) Kodiak Island Borough School District;

(I) Kenai Peninsula Borough School District;

(J) Matanuska-Susitna Borough School District;

(K) Pribilof Island School District;

(L) Unalaska City School District; and

(M) Valdez City School District;

(2) Western Regional Resource Center, which is bounded by the areas served by the following school districts:

(A) Iditarod Area School District;

(B) Kashunamiut School District;

(D) Lower Kuskokwim School District;

(E) Lower Yukon School District;

(F) St. Mary's City School District; and

(G) Yupiit School District;

(3) Northwest Regional Resource Center, which is bounded by the areas served by the following school districts:

(A) Bering Strait School District;

(B) Nome City School District; and

(4) Bristol Bay Regional Resource Center, which is bounded by the areas served by the following school districts:

(A) Bristol Bay Borough School District;

(B) Dillingham City School District;

(D) Southwest Region School District;

(5) Interior Alaska Regional Resource Center, which is bounded by the areas served by the following school districts:

(A) Alaska Gateway School District;

(B) Delta-Greely School District;

(D) Fairbanks North Star Borough School District;

(E) Galena City School District;

(F) Nenana City School District;

(G) North Slope Borough School District;

(H) Tanana City School District;

(I) Yukon Flats School District; and

(J) Yukon Koyukuk School District;

(6) South East Regional Resource Center, which is bounded by the areas served by the following school districts:

(A) Annette Island School District;

(B) Chatham School District;

(D) Haines Borough School District;

(E) Hoonah City School District;

(F) Hydaburg City School District;

(G) Juneau Borough School District;

(H) Kake City School District;

(I) Ketchikan Gateway Borough School District;

(J) Klawock City School District;

(K) Pelican City School District;

(L) Petersburg City School District;

(M) Sitka Borough School District;

(N) Skagway City School District;

(O) Southeast Island School District;

(P) Wrangell City School District; and

(Q) Yakutat Borough School District.

(c) A change in the boundaries of a regional resource center, including an equitable adjustment and transfer of all property, assets, and liabilities among the regional resource centers directly involved in the boundary changes, will be made by the state Board of Education, in the exercise of its discretion, upon recommendation of the commissioner.

(d) Upon approval by the commissioner, a regional resource center may provide a service to a district outside the center's boundaries or to another regional resource center. The service must be provided under a written contract.

(e) The boarding school, Mt. Edgecumbe High School, may participate in the establishment and services of the South East Regional Resource Center.

History

Authority: AS 14.07.060; AS 14.12.180 AS 14.12.150; AS 14.16.050
Eff. 9/14/77, Register 63; am 3/15/95, Register 133

4 AAC 66.020 Duties of regional resource center boards {#sec-4-aac-66.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 66.020}

A regional resource center board shall

(1) establish programs to serve its participating member districts more efficiently, economically, and completely than would be possible if each district functioned alone;

(2) establish appropriate bylaws and policies for its operation, including

(A) conduct of meetings and a regular meeting schedule;

(B) procedures for approval of budgets and budget revisions; and

(3) file a copy of its bylaws with the commissioner upon formation of the regional resource center and within two weeks following a bylaw change.

History

Authority: AS 14.07.060; AS 14.12.150; AS 14.12.180
Eff. 9/14/77, Register 63; am 3/15/95, Register 133

4 AAC 66.030 Grants {#sec-4-aac-66.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 66.030}

Repealed.

History

Eff. 9/14/77, Register 63; repealed 3/15/95, Register 133

4 AAC 66.040 Submission of audit {#sec-4-aac-66.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 66.040}

A regional resource center board shall submit an annual audit to the commissioner before November 1 of each year. The audit must comply with the audit standards in 2 AAC 45.010(c).

History

Authority: AS 14.07.060; AS 14.12.150; AS 14.12.180
Eff. 9/14/77, Register 63; am 3/15/95, Register 133

4 AAC 66.050 Advisory council {#sec-4-aac-66.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 66.050}

The Alaska Regional Resource Center Advisory Council, composed of one representative of each board, is created to meet at least annually for the purpose of advising the commissioner, forestalling duplicating of programs and providing an opportunity to discuss common problems and concerns. The commissioner shall appoint a staff person within the department to serve as the executive director for the advisory council.

History

Authority: AS 14.07.060; AS 14.12.180
Eff. 9/14/77, Register 63

4 AAC 66.055 Establishment of a regional resource center {#sec-4-aac-66.055 omnilex-key=us-ak-regs-official--title-4--4 AAC 66.055}

(a) If two or more districts of the state public school system seek to establish a regional resource center, the districts shall submit to the commissioner written evidence, including bylaws and other information requested by the commissioner, that demonstrates that the districts intend to meet the requirements of AS 14.12.150 - AS 14.12.180 and this chapter.

(b) The commissioner will approve the establishment of a regional resource center if the center will meet the requirements of AS 14.12.150 - AS 14.12.180 and this chapter.

History

Authority: AS 14.07.060; AS 14.12.150; AS 14.12.180
Eff. 3/15/95, Register 133

4 AAC 66.060 Definitions {#sec-4-aac-66.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 66.060}

In this chapter, unless the context requires otherwise

(1) "board" means a regional resource center board;

(2) "commissioner" means the commissioner of education and early development;

(3) "department" means the Department of Education and Early Development.

History

Authority: AS 14.07.060; AS 14.12.180
Eff. 9/14/77, Register 63

Chapter 67 Virtual Education Consortium

4 AAC 67.010 Consortium established; name {#sec-4-aac-67.010 omnilex-key=us-ak-regs-official--title-4--4 AAC 67.010}

There is established, within the department and in cooperation with participating school districts, a virtual education consortium to make virtual education and professional development resources available to students and teachers in the state. The virtual education consortium is named the Alaska Distance Learning Consortium.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.800
Eff. 9/6/2023, Register 247

4 AAC 67.020 Consortium membership {#sec-4-aac-67.020 omnilex-key=us-ak-regs-official--title-4--4 AAC 67.020}

(a) Eligibility to be a member of the consortium is limited to school districts operating within the state.

(b) Consortium membership is voluntary. A school district may request membership by submitting a request to the department from an individual authorized to act on behalf of the school district.

(1) shall have access to consortium resources as provided in this chapter;

(2) may provide a course for inclusion in the consortium database subject to the requirements of 4 AAC 67.060;

(3) may designate a representative to receive consortium communications; and

(4) may designate a representative eligible to vote in governing board elections under 4 AAC 67.030(b)(1).

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.800
Eff. 9/6/2023, Register 247

4 AAC 67.030 Consortium governance; bylaws {#sec-4-aac-67.030 omnilex-key=us-ak-regs-official--title-4--4 AAC 67.030}

(a) The consortium shall be governed by a board consisting of

(1) the commissioner or the commissioner's delegate, as a representative of the department; and

(2) a maximum of six representatives of consortium members who have been designated under 4 AAC 67.020(c)(4).

(b) A consortium member representative who serves on the governing board shall

(1) be elected by a simple majority vote of consortium member representatives;

(2) be designated by a consortium member under 4 AAC 67.020(c)(4); and

(3) serve for a minimum term of one year.

(c) If possible, the governing board shall include one consortium member representative from each of the four judicial districts, one member representative from the state at large, and at least one member representative from a regional educational attendance area.

(d) If a matter under consideration by the governing board requires the force of law, the governing board may vote on, and adopt by simple majority, a resolution containing the proposed regulation for state board consideration.

(e) The governing board may prepare and recommend adoption of bylaws subject to review and approval by the state board. To be effective, consortium bylaws must be consistent with this section, must be subject to review and approval by the state board every three years, and must include

(1) a statement of purpose;

(2) the consortium mission and vision;

(3) governance rules; and

(4) meeting requirements.

(f) Meetings of the governing board are subject to AS 44.62.310 - 44.62.319 (Open Meetings Act) and shall be conducted in accordance with the current edition of Robert's Rules of Order.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.800
Eff. 9/6/2023, Register 247

4 AAC 67.040 Duties and responsibilities of the department {#sec-4-aac-67.040 omnilex-key=us-ak-regs-official--title-4--4 AAC 67.040}

(a) The department will

(1) provide assistance and administrative support to the consortium, including

(A) information, procedures, forms, and other material as required, on how to apply and qualify to become a member of the consortium; and

(B) counseling and technical assistance to the consortium;

(2) establish standards for consortium resources as provided in AS 14.30.800; and

(3) through a candidate selection process incorporating the governing board, employ a reading specialist.

(b) If recommended by the governing board, the department may establish a fee for school district participation in the consortium.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.800
Eff. 9/6/2023, Register 247

4 AAC 67.050 Consortium duties {#sec-4-aac-67.050 omnilex-key=us-ak-regs-official--title-4--4 AAC 67.050}

The consortium shall

(1) subject to curriculum standards established by the department, establish and maintain a database of virtual education courses as described in AS 14.30.800(a);

(2) provide training and professional development consistent with AS 14.30.800(b) for teachers delivering or facilitating virtual coursework to students through the consortium database;

(3) adopt a policy consistent with AS 14.30.800(b)(2) to determine the previous experience and demonstrated skills necessary for a teacher to deliver or facilitate virtual coursework through the consortium database without requiring the teacher to complete training or professional development provided by the consortium;

(3) through the department, employ a reading specialist to perform the duties described in AS 14.30.800(c);

(4) subject to approval by the department, recommend a school district consortium participation fee that approximately equals the consortium's prorated administrative costs related to review and approval of courses and maintaining the database; and

(5) provide recommendations to the state board regarding establishment and management of the consortium or consortium resources that may require department approval or force of law.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.800
Eff. 9/6/2023, Register 247

4 AAC 67.060 Standards for consortium courses {#sec-4-aac-67.060 omnilex-key=us-ak-regs-official--title-4--4 AAC 67.060}

(a) A course made available to school districts through the consortium must meet

(1) content standards set out in the corresponding subject matter standard adopted by reference in 4 AAC 04.140; and

(2) standards set out in National Standards for Quality Online Courses, 3rd edition, revised as of October 2019, adopted by reference.

(b) A course or other training made available through the consortium for professional development for teachers must meet standards set out in National Standards for Quality Online Teaching, 3rd edition, revised as of October 2019, adopted by reference.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.800
Eff. 9/6/2023, Register 247

4 AAC 67.900 Definitions {#sec-4-aac-67.900 omnilex-key=us-ak-regs-official--title-4--4 AAC 67.900}

In this chapter,

(1) "commissioner" means the commissioner of education and early development;

(2) "consortium" means the Alaska Distance Learning Consortium, the virtual education consortium established under AS 14.30.800 and 4 AAC 67.010;

(3) "department" means the Department of Education and Early Development;

(4) "governing board" means the consortium's governing board;

(5) "school district" means a city or borough school district or regional educational attendance area;

(6) "state board" means the state Board of Education and Early Development;

(7) "virtual education" or "virtual instruction" has the meaning given in AS 14.30.800.

History

Authority: AS 14.07.020; AS 14.07.060; AS 14.30.800
Eff. 9/6/2023, Register 247

Chapter 80 (Repealed)

4 AAC 80.10 - 4 AAC 80.40 (Eff. 6/17/77, Register 62) were repealed as of Register 133 {#sec-4-aac-80.10 omnilex-key=us-ak-regs-official--title-4--4 AAC 80.10}