Header:
ALASKA ADMINISTRATIVE CODE
TITLE 4. EDUCATION AND EARLY DEVELOPMENT
CHAPTER 6. GOVERNMENT OF SCHOOLS
ARTICLE 5. SCHOOL AND DISTRICT ACCOUNTABILITY
Date:
05/31/2013
Document:
4 AAC 06.840. Consequences of not demonstrating adequate yearly progress
(a) A district shall provide appropriate technical assistance, consistent with 4 AAC 06.852, and appropriate notice to parents consistent with 4 AAC 06.880, for every school that receives a designation under 4 AAC 06.835.
(b) Each school designated as Level 1 under 4 AAC 06.835(a) shall prepare and implement a school plan and consult with its district and the department
(1) regarding the reasons the school did not demonstrate adequate yearly progress; and
(2) to receive technical assistance on preparing a school plan and meeting adequate yearly progress in the next year.
(c) Each school designated as Level 2 or higher under 4 AAC 06.835(a) shall develop, issue, and implement a school improvement plan under 4 AAC 06.845.
(d) If a school that receives funding under 20 U.S.C. 6301 - 6339 (Part A of Title I of the Elementary and Secondary Education Act) is designated under 4 AAC 06.835(a) as
(1) Level 2 or higher, the district in which the school is located shall
(A) offer parents of students at the school the option to transfer students under 4 AAC 06.855, if available; or
(B) if transfer is not available, offer supplemental educational services to eligible students at the school under 4 AAC 06.860;
(2) Level 3 or higher, the district in which the school is located shall offer
(A) parents of students at the school the option to transfer students under 4 AAC 06.855, if available; and
(B) supplemental educational services to eligible students at the school under 4 AAC 06.860, regardless of whether transfer is available as an option;
(3) Level 4 or higher, the district in which the school is located shall take corrective action under 4 AAC 06.865; or
(4) Level 5, the district in which the school is located shall prepare and implement a restructuring plan under 4 AAC 06.870.
(e) A school will be given a designation under 4 AAC 06.835(a) at the beginning of the 2003-04 school year based on its adequate yearly progress in the state assessments given in school year 2002-03, and any record it may have in school years before school year 2002-03 of not making adequately yearly progress under 20 U.S.C. 6301 - 6339, except that a school will not be designated higher than Level 4 at the beginning of the 2003-04 school year.
(f) The department will permit a district to delay for one year implementation of an action required under this section if
(1) a school makes adequate yearly progress for one year; or
(2) the school's failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, including natural disasters and precipitous and unforeseen declines in the financial resources of the district or the school.
(g) A school that receives a delay in the implementation of an action under (f) of this section is subject to additional actions under this section as if the permitted delay had never occurred, unless the school makes adequate yearly progress for two consecutive years.
(h) A district designated as Level 2 or higher under 4 AAC 06.835(b) shall develop, issue, and implement a district improvement plan under 4 AAC 06.850. If a district that receives funding under 20 U.S.C. 6301 - 6339 (Part A of Title I of the Elementary and Secondary Education Act) is designated as Level 2 or higher under 4 AAC 06.835(b), the department will take appropriate action consistent with 34 C.F.R. 200.47 and 34 C.F.R. 200.49 - 200.51, adopted by reference in 4 AAC 06.802, including offering technical assistance if requested, and providing notice to parents.
(i) The department will monitor the progress of each district required to take action under this section. The department will perform that monitoring in accordance with 34 C.F.R. 200.50, adopted by reference in 4 AAC 06.802.
(j) At any time after a district has been designated as Level 2 or higher under 4 AAC 06.835(b), the department may conduct a desk audit or an instructional audit of the district or one or more schools within the district. The department may require a district to provide information, including a self-assessment, as part of either audit process. To the extent permitted under federal law, the department will use federal programmatic funds allocated to the district to pay the cost of an instructional audit. In this subsection,
(1) "desk audit" means a review of data to determine the reasons a district has not demonstrated adequate yearly progress;
(2) "instructional audit" means an on-site 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;
(C) instruction;
(D) school learning environment;
(E) professional development policy and practices; and
(F) leadership.
(k) If a district is designated under 4 AAC 06.835(b) as Level 3, the department will prepare to take corrective action in the district consistent with this subsection. If the district is designated as Level 4, by the end of the school year in which the district receives the designation, the department will implement one or more of the following corrective actions in the district:
(1) defer programmatic funds or reduce administrative money provided to the district from federal sources;
(2) institute and implement a new curriculum based on state content standards adopted in 4 AAC 04.140, including the provision, for all relevant staff, of appropriate professional development that
(A) is grounded in scientifically-based research; and
(B) offers substantial promise of improving educational achievement for low-achieving students;
(3) replace the district personnel who are relevant to the district's receipt of the designation;
(4) remove schools from the jurisdiction of the district and provide alternative arrangements for public governance and supervision of these schools;
(5) in conjunction with at least one other action in this subsection
(A) authorize students to transfer from a school operated by the district to a higher-performing public school operated by another district; and
(B) provide to these students transportation, or the costs of transportation, to the other school;
(6) appoint a receiver or a trustee to administer the affairs of the district in place of the chief school administrator and school board.
(l) Following the audit process described in (j) of this section, or, if no audit has been conducted, before implementing corrective action in a district under (k) of this section, the department will give notice to the district regarding the possible corrective actions, if any, under consideration for the district. A district has 15 days after receipt of notice to submit comments and evidence to the department before corrective action is implemented. When determining the appropriate corrective action under (k) of this section, the department will consider
(1) the results of any audit conducted under (j) of this section;
(2) the actions taken by the district to address the district's failure to demonstrate adequate yearly progress;
(3) the growth that the district has shown in the proficiency level of its students;
(4) the public interest; and
(5) comments and evidence submitted by the district.
|