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Chapter 52
Education for Children with Disabilities and Gifted Children

Article

1. Program Establishment. (4 AAC 52.010 - 4 AAC 52.030)

2. Program Administration: Children with Disabilities. (4 AAC 52.090 - 4 AAC 52.790)

3. Program Administration: Gifted Children. (4 AAC 52.800 - 4 AAC 52.890)

4. General Provisions. (4 AAC 52.900 - 4 AAC 52.990)

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Article 1
Program Establishment

Section

10. Purpose of chapter.

20. (Repealed).

30. Advisory panel.

4 AAC 52.010. Purpose of chapter

The purpose of this chapter is to establish minimum requirements for the education of exceptional children in the state. The program for the education of children with disabilities is set out in 4 AAC 52.100 - 4 AAC 52.790. The program for the education of gifted children is set out in 4 AAC 52.800 - 4 AAC 52.890.

History: Eff. 7/1/83, Register 86; am 8/22/2001, Register 159

Authority: AS 14.07.060

AS 14.30.180 - AS 14.30.350

4 AAC 52.020. District responsibility

Repealed.

History: Eff. 7/1/83, Register 86; am 6/9/85, Register 94; repealed 8/22/2001, Register 159

4 AAC 52.030. Advisory panel

The Governor's Council on Disabilities and Special Education, established under AS 47.80.030 - 47.80.090, is the advisory panel under 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), as revised as of December 3, 2004, and AS 14.30.231 .

History: Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 9/23/2007, Register 183

Authority: AS 14.07.060

AS 14.30.231

AS 14.30.335

Editor's note: As of Register 123, October 1992, the regulations attorney corrected the name of the council referred to in 4 AAC 52.030 to reflect a statutory name change made by ch. 13, SLA 1992.

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Article 2
Program Administration: Children with Disabilities

Section

90. District responsibility.

100. Child find.

110. (Repealed).

115. Timelines.

120. Evaluation.

125. Eligibility.

130. Criteria for determination of eligibility.

140. Individualized education program.

142. Individualized family service plan.

144. Extended school year.

145. Transition services.

148. Assistive technology.

150. Placement.

155. Unilateral placement by parents or other custodians.

160. (Repealed).

170. Least restrictive environment.

180. Reevaluation.

190. Written notice to parent.

200. Parental consent.

210. Parental participation.

220. (Repealed).

230. (Repealed).

240. Cost of services.

250. Special education aides.

252. Program supervision.

255. Interpreters.

260. Personnel development.

480. Procedural safeguards notice.

490. Mediation.

500. Administrative complaint procedure.

510. Parental access to records.

520. Parental request for amendment of records.

530. Release of records; disciplinary records.

540. Parental right to independent evaluation.

550. Due process hearing.

555. Resolution meeting.

560. Impartial hearing officer.

570. (Repealed).

571. Attorney fees.

580. Placement of child during due process proceedings.

590. Appointment of surrogate parent.

600. Qualifications and duties of surrogate parent.

610. Removal of surrogate parent.

620. Rights upon reaching age of majority.

630. Medication.

700. Public school foundation program.

710. Federal financial aid.

720. (Repealed).

725. (Repealed).

730. State aid for transportation.

740. (Repealed).

750. Administrative appeal.

760. Maintenance of records.

765. Protection of records.

770. Program review.

780. Entitlement review.

785. Relation to other laws.

790. Definitions.

4 AAC 52.090. District responsibility

(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: Eff. 8/22/2001, Register 159; am 8/24/2002, Register 163; am 9/1/2006, Register 179; am 8/30/2007, Register 183

Authority: AS 14.07.060

AS 14.30.180

AS 14.30.186

4 AAC 52.100. Child find

(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;

(C) right to a FAPE;

(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.

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