reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.150 - Placement

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.155 - Unilateral placement by parents or other custodians

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.170 - Least restrictive environment

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS 14.30.276
AS 14.30.278
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.180 - Reevaluation

Current through May 31, 2024
(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;
(C) whether the child continues to need
				special education and related services; and
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.190 - Written notice to parent

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS
					 14.30.191
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.200 - Parental consent

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS 14.30.191
AS 14.30.235
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.210 - Parental participation

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS
					 14.30.278
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.240 - Cost of services

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS 14.30.180
AS 14.30.335
AS
					 14.30.350
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.250 - Special education aides

Current through May 31, 2024
(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
				children, or concurrent with providing direct special education or related
				services to a child or children, the district must provide and document a
				minimum of six hours of annual training, in the aggregate, to the aide
				regarding
(1) the child's or children's
				disabilities;
(2) the content of
				the IEPs;
(3) the instructional and
				safety procedures to be used; and
(4) confidentiality procedures.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.252 - Program supervision

Current through May 31, 2024
(a) Each special education program provided
				to a child through the assistance of a certificated regular education teacher
				must be reviewed 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 on-site supervision for each
				program. A district must provide for on-site supervision at least once every
				month unless the IEP team, after consideration of all the evidence, determines
				that less frequent on-site supervision for that program is sufficient to
				provide a FAPE to the child. However, a district may not provide on-site
				supervision under this subsection less frequently than once every three
				months.
(b) Each related services
				program provided to a child through the assistance of a certificated regular or
				special education teacher must be reviewed 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
				on-site supervision for each related service. A district must provide for
				on-site supervision at least once every month unless the IEP team, after
				consideration of all the evidence, determines that less frequent on-site
				supervision for that related service is sufficient to provide a FAPE to the
				child. However, a district may not provide on-site supervision less frequently
				than once even three months.
Authority:
AS
					 14.07.060
AS 14.30.180
AS
					 14.30.350
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.255 - Interpreters

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS 14.30.180 -
					 AS
					 14.30.350
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.260 - Personnel development

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS
					 14.30.250
AS
					 14.30.255
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.480 - Procedural safeguards notice

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS 14.30.193
AS 14.30.272
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.490 - Mediation

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS
					 14.30.194
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.510 - Parental access to records

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.520 - Parental request for amendment of records

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS 14.30.193
AS 14.30.272
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.530 - Release of records; disciplinary records

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.540 - Parental right to independent evaluation

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.550 - Due process hearing

Current through May 31, 2024
(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. 11434 a(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.555 - Resolution meeting

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.560 - Impartial hearing officer

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.571 - Attorney fees

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS 14.30.272
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.580 - Placement of child during due process proceedings

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS 14.30.193
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.590 - Appointment of surrogate parent

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.600 - Qualifications and duties of surrogate parent

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.610 - Removal of surrogate parent

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.620 - Rights upon reaching age of majority

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS
					 14.30.180
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.630 - Medication

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS 14.30.171
AS 14.30.180
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.700 - Public school foundation program

Current through May 31, 2024
(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;
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.710 - Federal financial aid

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.730 - State aid for transportation

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS 14.30.186
AS
					 14.30.347
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.750 - Administrative appeal

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS 14.30.180 -
					 AS
					 14.30.350
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.760 - Maintenance of records

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.765 - Protection of records

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.770 - Program review

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.780 - Entitlement review

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS 14.30.180 -
					 AS
					 14.30.350
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.785 - Relation to other laws

Current through May 31, 2024
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.
Authority:
AS
					 14.07.060
AS
					 14.30.335
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.790 - Definitions

Current through May 31, 2024
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;
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 3 - Program Administration: Gifted Children › 4 AAC 52.800 - District responsibility for gifted education

Current through May 31, 2024
(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.
(c) A district education
				program for gifted children must, at a minimum, provide for
(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.
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 3 - Program Administration: Gifted Children › 4 AAC 52.865 - Public school foundation program

Current through May 31, 2024
(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.
For the purposes of
					 4 AAC 52.865, the department's division of education
					 support services' address is Department of Education and Early Development,
					 Division of Education Support Services, 801 W. 10th Street, Suite 200, Juneau,
					 Alaska 99801-1894.
Authority:
AS
					 14.07.060
AS 14.30.180
AS
					 14.17.420
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 3 - Program Administration: Gifted Children › 4 AAC 52.870 - State aid for transportation

Current through May 31, 2024
(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.
Authority:
AS
					 14.07.060
AS
					 14.30.352
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 3 - Program Administration: Gifted Children › 4 AAC 52.890 - Definitions

Current through May 31, 2024
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;
Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 4 - General Provisions › 4 AAC 52.990 - Definitions

Current through May 31, 2024
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;
(C) the consent
				describes that activity and lists any records that will be released and to
				whom;
(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;