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(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 of 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.
(d) A district that seeks federal financial aid under this section may begin to perform the activities listed in the application after the district has received notice from the department that the department has approved the application under 20 U.S.C. 1411 - 1413 and this section.
(e) Within 30 days after the end of each calendar quarter, a district whose application has been approved by the department shall submit to the department, on a form provided by the department, a quarterly financial report.
(f) In order to qualify for federal financial aid under 20 U.S.C. 1411 - 1413 and this section, the district shall count the number of children who receive special education and related services from the district as of December 1. No later than December 15, the district shall submit to the department, on a form provided by the department, the student count report. The report must list the number of children by the eligibility categories set out in 4 AAC 52.130. The level of federal financial aid is based on the child count submitted for the school year preceding the school year for which the district seeks financial aid.
(g) Within 30 days of receipt of a notice under (c) of this section, a district may request a hearing for any reason allowed under 34 C.F.R. 76.401, as revised as of July 1, 2004. 34 C.F.R. 76.401, as revised as of July 1, 2004, is adopted by reference. A hearing under this subsection shall be conducted under the procedures described in 4 AAC 40.040 and 34 C.F.R. 76.401. To the extent the procedures in 34 C.F.R. 76.401 conflict with the procedures of 4 AAC 40.040, the hearing shall be conducted under the procedures in 34 C.F.R. 76.401. If a district does not request a hearing, the preliminary decision issued in (c) of this section becomes final and is not subject to further appeal. A district may appeal the final decision of the department issued after a hearing under this subsection to
(1) the superior court under the Alaska Rules of Appellate Procedure as provided in 4 AAC 40.040(k) ; or
(2) the Secretary of the United States Department of Education, as provided in 34 C.F.R. 76.401(d)(5).
History: Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/29/98, Register 147; am 8/22/2001, Register 159; am 12/7/2004, Register 172
Authority: AS 14.07.060
Editor's note: The form described in 4 AAC 52.710(b) may be obtained from the Department of Education and Early Development, Division of Educational Program Support, 801 W. 10th Street, Suite 200, Juneau, Alaska 99801.
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.
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Last modified 7/05/2006