History: Eff. 9/3/76, Register 59; am 11/21/84, Register 92; am 6/11/95, Register 134; am 10/3/2011, Register 200
Authority: AS 14.07.020
4 AAC 05.090. Discontinuation or closure of schools
(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,
(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: Eff. 9/3/76, Register 59; am 5/18/2000, Register 154; am 10/6/2002, Register 164; am 9/1/2009, Register 191
Authority: AS 14.03.030
4 AAC 05.900. Definitions
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: 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
Authority: AS 14.07.020
Editor's note: Before Register 134, July 1995, the definition section was located at 4 AAC 05.020. The history note for 4 AAC 05.900 contains the history of that section before Register 134, July 1995.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125
(b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.
1. General Administration. (4 AAC 06.010 - 4 AAC 06.177)
2. Safe Schools. (4 AAC 06.200 - 4 AAC 06.290)
3. Prohibition of Sex Discrimination. (4 AAC 06.500 - 4 AAC 06.600)
4. Statewide Student Assessment. (4 AAC 06.700 - 4 AAC 06.790)
5. School and District Accountability. (4 AAC 06.800 - 4 AAC 06.899)
27. Establishment of attendance areas.
55. Immunizations required.
60. Suspension or denial of admission.
65. Challenging courses.
75. High school graduation requirements.
78. Alternative completion requirements; students with disabilities.
115. Interscholastic activities.
120. Accounting and audit manuals, charts of accounts, code descriptions.
121. Annual financial reporting requirements.
135. Use of school funds in elections.
140. AIDS in school personnel.
150. Confidentiality of AIDS information.
172. Reporting of school disciplinary and safety programs.
175. Reporting restraint and seclusion incidents.
177. Crisis intervention training programs.
4 AAC 06.010. Classes of schools
4 AAC 06.020. Secondary education
4 AAC 06.025. Standards for secondary education program levels
4 AAC 06.027. Establishment of attendance areas
(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.