Title 4 . Education and Early Development

Chapter 6 . (Repealed)

Section 840. Consequences of not demonstrating adequate yearly progress

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.

History: Eff. 11/23/2003, Register 168

Authority: AS 14.03.123

AS 14.07.020

AS 14.07.060

AS 14.50.080