Alaska Home Educators Alliance

Independent homeschoolers are exempt from compulsory school attendance by
AS 14.30.010(b)(12). They do not have to notify, seek approval, test, or file forms.

The parents of approximately 10,000 students have chosen to homeschool in partnership with school districts in either local or statewide programs. The statewide homeschools are regulated by the Dept. of Education and Early Development as correspondence schools. In-district local program procedures are developed and administrated by the district in which they operate as in-district charter school or as in-district correspondence program.

There is established in the state a system of public schools to be administered and maintained as provided in this title.

It is the policy of this state that the purpose of education is to help ensure that all students will succeed in their education and work, shape worthwhile and satisfying lives for themselves, exemplify the best values of society, and be effective in improving the character and quality of the world about them.

The school year begins on the first day of July and ends on the 30th day of June.

A school term begins and ends on the dates fixed by the governing body of a school district. A school term shall include not less than 180 days in session unless, with the approval of the commissioner,

(1) a day used for in-service training of teachers is substituted for a day in session, up to a maximum of 10 days;

(2) an "emergency closure day" is substituted for a day in session because of conditions posing a threat to the health or safety of students; or

(3) the school board adopts a different school term that includes at least 740 hours of instruction and study periods for pupils in kindergarten, first grade, second grade, and third grade and at least 900 hours of instruction and study periods for pupils in grades four through 12 if the commissioner finds that the school board has submitted an acceptable plan under which students will receive the approximate educational equivalent of a 180-day term.

Each day within the school term is a day in session except Saturdays, Sundays, and days designated as holidays by or according to AS 14.03.050. A school board may approve Saturdays as a day in session. The day in session in every school shall be at least four hours long, exclusive of intermissions, for the first, second, and third grades and five hours, exclusive of intermissions, for all other grades. The commissioner may approve a shorter day in session for any grade. The period of the day in session shall be devoted to the instruction of pupils or to study periods for the pupils.

(a) Public schools may not be in session on school holidays, which are Labor Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Christmas Day, New Years Day, Memorial Day, and the Fourth of July. If one of these holidays falls on a Saturday, the Friday immediately preceding is a school holiday. If one of these holidays falls on a Sunday, the Monday immediately following is a school holiday. A teacher may not be required to perform employment services on these holidays, nor may the salary of a teacher be diminished because the teacher does not perform employment services on a school holiday.

(b) The public schools shall be in session on all other holidays falling upon school days and shall conduct appropriate exercises in recognition of the day.

(a) An elementary school consists of grades kindergarten through grade eight or any appropriate combination of grades within this range.

(b) A secondary school consists of grades seven through 12 or any appropriate combination of grades within this range. The establishment of one or two grades beyond the 12th grade is optional with the governing body of the school district.

(c) Grades seven through eight, nine, and ten or any appropriate combination of grades within this range may be organized as a junior high school.

(d) This section does not prevent a high school from issuing a diploma to a student who has completed the 12th grade.

A child who is six years of age on or before September 1 following the beginning of the school year, and who is under the age of 20 and has not completed the 12th grade, is of school age.

(a) A student may not be issued a secondary school diploma unless the student passes a competency examination in the areas of reading, English, and mathematics or receives a waiver from the governing body. A governing body may not grant a waiver to a student before the student's final semester of attendance. The department shall determine the form and contents of the examination and shall score completed examinations.

(b) A student who fails the examination required under this section shall be retested at least once during a school year on those portions of the examination that the student has not passed. A student who passes any portion of the test may not retake that portion of the test. A student who, when retested, passes the portions of the test not previously passed and who meets any other graduation requirements shall receive a diploma from the school district. This subsection does not apply to a student who is a child with a disability if the student's individualized education program team recommends that the student not be retested.

(1) a student who is a child with a disability and who does not achieve a passing score on the examination required under (a) of this section, with or without accommodation, is eligible to receive a diploma if the student successfully completes an alternative assessment program required by the student's individualized education program or required in the education plan developed for the student under 29 U.S.C. 794; an alternative assessment program must, to the maximum extent possible, conform to state performance standards established for the competency examination required under (a) of this section; this paragraph does not apply to a student unless the department determines that the student has taken and failed to pass the competency examination with or without accommodations and the department approves the student's alternative assessment program described under this paragraph; and

(2) a student who transfers into a public high school in this state shall receive a diploma if the student

(A) meets graduation requirements imposed by the governing body and the state; and

(B) has passed a competency examination in the state from which the student transferred.

(d) A student who fails to qualify for the issuance of a diploma under (a) of this section or a retest under (b) of this section by the end of the student's final semester of attendance, but who has met all other graduation requirements of a governing body and the state, shall be awarded a certificate of achievement. A certificate of achievement may include the following information:

(1) the portions of the examination described under (a) of this section that were passed;

(3) other information indicating the qualifications of the student that the governing body determines appropriate.

(f) The department shall by regulation establish uniform standards for an alternative assessment program required under (c)(1) of this section. The alternative assessment program required under (c)(1) of this section applicable to an individual student may not be changed after February 1 of the student's junior year of study.

(2) "individualized education program team" has the meaning given in AS 14.30.350 .

(a) Notwithstanding other provisions of this chapter, the commissioner shall award a high school diploma to a person who

(1) makes application under (b) of this section; if a person is deceased or incapacitated, an immediate family member may apply on behalf of the person;

(3) actively served in the United States armed forces or the Alaska Territorial Guard during the period of August 7, 1940, through July 25, 1947, and

(b) The commissioner shall provide a form or electronic format for a person to apply under this section. The commissioner may accept an affidavit to support the award if documentation is not readily available from the military or other sources.

The department shall provide to the legislature by February 15 of each year an annual report regarding the progress of each school and school district toward high academic performance by all students. The report required under this section must include

(2) the number and percentage of students in each school who pass the examination required under AS 14.03.075 , and the number who pass each section of the examination;

(A) toward implementing the school accountability provisions of AS 14.03.123; and

(4) a description of the resources provided to each school and school district for coordinated school improvement activities and staff training in each school and school district;

(5) each school district's and each school's progress in aligning curriculum with state education performance standards;

(6) a description of the efforts by the department to assist a public school that receives a designation of deficient or in crisis;

(7) a description of intervention efforts by each school district and school for students who are not meeting state performance standards;

(8) the number and percentage of turnover in certificated personnel and superintendents;

(9) the number of teachers by district and by school who are teaching outside the teacher's area of endorsement but in areas tested by the high school competency examination.

(a) A child of school age is entitled to attend public school without payment of tuition during the school term in the school district in which the child is a resident subject to the provisions of AS 14.14.110 and 14.14.120.

(b) A person over school age may be admitted to the public school in the school district in which the person is a resident at the discretion of the governing body of the school district. A person over school age may be charged tuition by the governing body of the school district.

(c) A child under school age may be admitted to a public school in the school district of which the child is a resident at the discretion of the governing body of the school district if the child meets minimum standards prescribed by the board evidencing that the child has the mental, physical, and emotional capacity to perform satisfactorily for the educational program being offered. A district's educational program must prescribe that under school age students advance through the curriculum or grade level by the following school year. A governing body may delegate the authority granted under this subsection to the chief school administrator of the school district.

(d) A child who is five years of age on or before September 1 following the beginning of the school year, and who is under school age, may enter a public school kindergarten.

(e) A child under school age shall be admitted to school in the district of which the child is a resident if immediately before the child became a resident of the district, the child was legally enrolled in the public schools of another district or state.

(f) This section does not require a school district to admit a child or person currently under suspension or expulsion under AS 14.03.160 in that or another school district.

(a) A school district may contract for educational services provided to students in the district by an agency that is accredited by the department under AS 14.07.020 and (b) of this section.

(b) The department shall adopt regulations and establish program standards for educational services that may be contracted for by a school district.

(c) Expenses incurred by the department in accrediting the agency and program shall be borne by the agency seeking accreditation.

A school district shall comply with AS 29.71.050 , except that in AS 29.71.050(b), "AS 29.71.040 " is read as "AS 36.15.050 ," and in AS 29.71.050(a) - (c) and (e), "municipal" and "municipality" are read as "school district." In this section, "school district" does not include regional educational attendance areas.

Partisan, sectarian, or denominational doctrines may not be advocated in a public school during the hours the school is in session. A teacher or school board violating this section may not receive public money.

(a) Except as provided in (b) of this section, a governing body shall, upon request, allow a child, including a child who is also enrolled at a private school, is a correspondence student, or is being home schooled, to enroll as a part-time student in the district. A governing body may not discriminate between part-time and full-time students or require that part-time students be enrolled after full-time student enrollment is completed.

(1) the enrollment would be denied even if the enrollee were a full-time student; or

(2) the enrollment would result in an expenditure of public funds for the direct benefit of a private educational institution.

(d) This section does not apply to interscholastic or extracurricular student activities.

The governing body of a school district may allow the use of school facilities for any legal gatherings or assemblies. The governing body shall adopt bylaws that will ensure reasonable and impartial use of the facilities.

Attendance regulations pertaining to independent homeschoolers are highlighted.

ALASKA STATUTE
Title 14. EDUCATION, LIBRARIES, AND MUSEUMS
Chapter 14.30. PUPILS AND EDUCATIONAL PROGRAMS FOR PUPILS

Sec. 14.30.010. When attendance is compulsory.

(a) Every child between seven and 16 years of age shall attend school at the public school in the district in which the child resides during each school term. Every parent, guardian or other person having the responsibility for or control of a child between seven and 16 years of age shall maintain the child in attendance at a public school in the district in which the child resides during the entire school term, except as provided in (b) of this section.

(1) is provided an academic education comparable to that offered by the public schools in the area, either by

(A) attendance at a private school in which the teachers are certificated according to AS 14.20.020 ;

(C) attendance at an educational program operated in compliance with AS 14.45.100 - 14.45.200 by a religious or other private school;

(3) has a physical or mental condition that a competent medical authority determines will make attendance impractical;

(6) has been suspended or expelled under AS 14.03.160 or suspended or denied admittance under AS 14.30.045 ;

(7) resides more than two miles from either a public school or a route on which transportation is provided by the school authorities, except that this paragraph does not apply if the child resides within two miles of a federal or private school that the child is eligible and able to attend;

(8) is excused by action of the school board of the district at a regular meeting or by the district superintendent subject to approval by the school board of the district at the next regular meeting;

(B) a full-time program of correspondence study approved by the department; in those school districts providing an approved correspondence study program, a student may be enrolled either in the district correspondence program or in the centralized correspondence study program;

(11) is equally well-served by an educational experience approved by the school board as serving the child's educational interests despite an absence from school, and the request for excuse is made in writing by the child's parents or guardian and approved by the principal or administrator of the school that the child attends;

(c) If a parent, legal guardian, or other person having the responsibility for or control of the child elects to enroll a child who is six years of age in first grade at a public school, after enrollment, the child is subject to the provisions of (a) and (b) of this section. If the parent or guardian of a child who is six years of age and is enrolled in first grade at a public school determines, within 60 days after the child is enrolled, that the best interests of the child are not being served by enrollment in the first grade, the child may be withdrawn from school, and the provisions of (a) and (b) of this section do not apply to the child until the child is seven years of age.

A person who knowingly fails to comply with AS 14.30.010 is guilty of a violation. Each five days of unlawful absence under AS 14.30.010 is a separate violation.

The governing body of a school district, including a regional educational attendance area, shall establish procedures to prevent and reduce truancy.

Sec. 14.30.040. Extension of provisions to

United States

public schools for aborigines. [Repealed, Sec. 59 ch 98 SLA 1966].

A school age child may be suspended from or denied admission to the public school that the child is otherwise entitled to attend only for the following causes:

(1) continued wilful disobedience or open and persistent defiance of reasonable school authority;

(2) behavior that is inimicable to the welfare, safety, or morals of other pupils or a person employed or volunteering at the school;

(3) a physical or mental condition that in the opinion of a competent medical authority will render the child unable to reasonably benefit from the programs available;

(4) a physical or mental condition that in the opinion of a competent medical authority will cause the attendance of the child to be inimicable to the welfare of other pupils;

(5) conviction of a felony that the governing body of the district determines will cause the attendance of the child to be inimicable to the welfare or education of other pupils.

(a) A child who has been suspended from or denied admittance to a school under AS 14.30.045 (3) or (4) shall be permitted to attend school when the child is obviously recovered or presents to the governing body a statement in writing from a competent medical authority that the child is no longer afflicted with, or suffering from, the physical or mental condition to the extent that it is a cause for suspension or denial of admission under AS 14.30.045 (3) or (4).

(b) A child who has been suspended from or denied admittance to a school for any other cause provided by AS 14.30.045 shall be permitted to attend school when it reasonably appears that the cause has been remedied.

Sec. 14.30.060. Purpose of AS 14.30.070 - 14.30.110. [Repealed, Sec. 59 ch 98 SLA 1966].

The program of physical examination and immunizations prescribed by AS 14.30.065 - 14.30.127 shall be under the general supervision and in accordance with regulations of the Department of Health and Social Services.

(a) The governing body of each school district shall provide for and require a physical examination of every child attending school in the district. The examination shall be made when the child enters school or, in areas where no physician resides, as soon thereafter as is practicable, and thereafter at regular intervals considered advisable by the governing body of the district. For purposes of this subsection, physical examinations, within the scope of chiropractic practice, may be conducted by a chiropractor.

(b) The Department of Health and Social Services may require the district to conduct additional physical examinations that it considers necessary, and may reimburse the district for the additional examinations on the basis and to the extent the commissioner of health and social services prescribes by regulation.

(c) Examinations shall be made by a competent physician or, within the scope of chiropractic practice, by a chiropractor, except that if the services of a physician or chiropractor cannot be obtained or if authorized by the commissioner of health and social services examinations may be made by a nurse.

Sec. 14.30.080. - 14.30.110l Exclusion from attendance; vaccinations; supervision and expenditures for physical examinations; exemptions from examinations or vaccinations. [Repealed, Sec. 59 ch 98 SLA 1966].

The school board, when physical examinations are made, shall deliver to the parent, guardian, or other person having the responsibility for or control of the child a report signed by the physician or nurse making the examination, specifying the findings with respect to the health and physical well-being of the child. For purposes of this subsection, physician examinations, within the scope of chiropractic practice, may be conducted by a chiropractor.

If in the judgment of the commissioner of health and social services it is necessary for the welfare of the children or the general public in an area, the governing body of the school district shall require the children attending school in that area to be immunized against the diseases the commissioner of health and social services may specify.

(a) A vision and hearing screening examination shall be given to each child attending school in the state. The examination shall be made when the child enters school or as soon thereafter as is practicable, and at regular intervals specified by regulation by the governing body of the district.

(2) train and certify public health nurses and school district employees to conduct hearing and vision screening tests;

(3) assist with referral and follow-up of children needing professional examination or treatment; and

Sec. 14.30.130. - 14.30.170l Readmission of child excluded on account of communicable disease; examination and treatment by municipal health officers; scope of article; construction; penalty for false certificates. [Repealed, Sec. 59 ch 98 SLA 1966].

(a) A public school shall permit the self-administration of medication by a pupil for asthma or anaphylaxis if, during the current school year, the pupil's parent or guardian provides the school

(B) has received instruction in the proper method of self-administration of the medication; and

(C) has demonstrated to the health care provider the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed;

(3) a release of liability for the school and its employees or agents for injury arising from the self-administration or storage of the medication;

(4) an agreement to indemnify and hold harmless the school and its employees or agents for any claims arising out the self-administration or storage of the medication;

(5) a written treatment plan for the pupil that is signed by the pupil's health care provider for managing asthma or anaphylaxis episodes, a list and dosage of medications needed during school hours, and permission for and instruction on storage of the medication at school; and

(6) any other documentation required by the school that is consistent with this section.

(b) The public school shall provide written notification to the pupil's parent or guardian of the school's absence of liability related to the self-administration of medication under this section.

(c) A pupil who is permitted to self-administer medication under this section shall be permitted to carry and to store with the school nurse or other designated school official an inhaler or autoinjectable epinephrine, or both, at all times.

(d) If a student uses the student's prescribed medication in a manner other than as prescribed, disciplinary action according to school codes may be imposed upon the student. The imposed disciplinary action may not limit or restrict the student's immediate access to the student's prescribed medication.

(e) In this section, "health care provider" means a licensed physician, advanced nurse practitioner, physician assistant, village health aide, or pharmacist operating within the scope of the health care provider's authority.

(a) Except as provided in AS 14.30.172 - 14.30.176, school personnel may not, unless otherwise authorized by law or a specific policy adopted by a governing body of a school district,

(1) recommend to a parent or guardian that a child take or continue to take a psychotropic drug as a condition for attending a public school;

(2) require that a child take or continue to take a psychotropic drug as a condition for attending a public school, except when, in the opinion of the child's treating physician,

(4) recommend a specific licensed physician, psychologist, or other health specialist to a parent or guardian for a child; or

(b) As used in this section, "school personnel" means persons employed by a public school or school district to work in a public school, except for a person who holds a special services type C certificate issued under AS 14.20 that qualifies the person to be employed to provide related services to students, as described in regulations adopted by the board.

ALASKA ADMINISTRATIVE CODE
Title 4 Education and Early Development
Chapter 33 Special Programs
Article 4 Statewide Correspondence Study Programs
4 AAC 33.405. Applicability

4 AAC 33.405 - 4 AAC 33.490 apply only to district correspondence study programs that enroll out-of-district students. These provisions apply to an out-of-district student only when the student enrolls in a correspondence study course from a public school and do not apply to an out-of-district student when the student enrolls in a course from a private school, home school, or correspondence study program that is not part of a district correspondence study program.

The purpose of 4 AAC 33.410 - 4 AAC 33.490 is to establish a process for department approval of district correspondence study programs that enroll students who reside outside of the enrolling district, to ensure that standards for curriculum and student assessment for correspondence study programs are consistent with other district programs and with state standards, to establish reporting requirements for districts enrolling out-of-district students and part-time students, and to establish a procedure for cooperation between districts to facilitate enrollment of out-of-district students.

(a) A district may not operate a statewide correspondence study program, including a statewide correspondence study program operated by a charter school, unless the district has current written approval from the department to operate a statewide correspondence study program. A district shall apply for approval on a form provided by the department. The department will make the form available on or before October 1 of each year. A district must apply annually on or before December 31 of each year for the next school year.

(b) For a new program, the department will approve an application, disapprove an application, or return an application to the district with a request for supplemental information. The department will approve a district's application if the application satisfactorily demonstrates that the district's program

(2) is designed to achieve high academic standards for its statewide enrollees; in evaluating an application under this paragraph, the department will consider the

(A) resources that the district will commit to the statewide correspondence study program;

(B) proposed student-teacher ratio based on the number of in-state teachers who are highly qualified under 4 AAC 04.210 that the district employs or intends to employ in its statewide correspondence study program;

(D) degree to which the district will provide individualized planning and evaluation for each student enrolled in the statewide correspondence study program.

(c) For a program that has operated a statewide correspondence study program in previous years, the department will approve an application, approve an application on a probationary status, disapprove an application, or return an application to the district with a request for supplemental information. In evaluating an application for a continuing program, the department will consider the factors listed in (b) of this section, the academic achievement of students in the program, including the program's record of demonstrating adequate yearly progress under 4 AAC 06.805, the program's record of compliance with applicable statutes and regulations as determined in a compliance monitoring conducted under 4 AAC 33.460, and the program's record of compliance with assurances given upon application as determined in a compliance monitoring conducted under 4 AAC 33.460. If the department finds that students in the program have not demonstrated sufficient academic achievement or that the program has had substantial and material instances of noncompliance, the department will

(1) disapprove the application if the department determines that continued operation of the program is not in the best interest of the students or the state; or

(2) approve the application for one year on a probationary status if the department determines that the district has an appropriate plan to address the deficiencies in performance or compliance; at any time during the probationary year, if the department determines that continued operation of the program is not in the best interest of the students or the state, the department will advise the district that the program should prepare a transition plan to cease operation because the program will not be approved the following year.

(d) In determining whether students at a program have demonstrated sufficient academic achievement under (c) of this section, the department will consider all evidence of student academic achievement and improvement, including evidence of

(1) students' scores and improvement of students' scores on statewide student assessments under 4 AAC 06.710;

(2) the program's record of demonstrating adequate yearly progress under 4 AAC 06.805, and the reasons for its success or failure to demonstrate adequate yearly progress; and

(3) the academic achievement of students and subgroups of students attending similarly-situated schools and correspondence study programs, including the record of those schools and programs in demonstrating adequate yearly progress.

(e) In determining whether the noncompliance determined in a compliance monitoring under 4 AAC 33.460 is substantial and material under (c) of this section, the department will consider all evidence, including evidence of whether the noncompliance was within the control of the program.

(f) A district that has an application denied under (b) or (c) of this section, or that is advised under (c) of this section that its program will not be approved in the following year, may seek reconsideration from the commissioner. A district must send its request for reconsideration to the department within 15 days after the district's receipt of the notice of the action that gives rise to the request. A district may submit additional evidence and a memorandum in support of its request. The evidence and memorandum must be received by the department within 30 days after the district sends the request unless an extension of time is granted. In determining a request for reconsideration, the commissioner will consider all evidence, including evidence compiled by the department relating to the standards under this section. A decision by the commissioner is a final decision.

(g) In this section, "subgroup of students" means a subgroup set out in 4 AAC 06.830(a) .

History: Eff. 5/1/99, Register 150; am 6/15/2000, Register 154; am 12/25/2002, Register 164; am 2/20/2005, Register 173

(a) A district that proposes to offer or continue to offer a statewide correspondence study program must demonstrate that the program meets the requirements of this section, 4 AAC 33.422, and 4 AAC 33.426 before the department will approve the application or reapplication.

(b) The program must conform with statewide goals and performance standards, as set out in 4 AAC 04.010 - 4 AAC 04.200.

(c) In accordance with AS 14.07.050 , AS 14.08.111 , and AS 14.14.090 , the program must use curriculum materials, including textbooks and other instructional aids, that have been reviewed and selected by the school board of the district, are of the same quality as those materials that the district offers in the district's other programs, and are in compliance with AS 14.03.090 and AS 14.18.060 .

(d) Certificated staff members may not advocate religious, partisan, sectarian, or denominational doctrine as part of the member's instructional or other duties as certificated staff for the district correspondence study program. Nothing in this subsection prevents a parent from providing instruction to the parent's own child using materials of the parent's choice, if such material was not purchased with money provided by the department or district.

(e) The program must include an assessment plan of the same quality as an assessment plan that the district offers in the district's other programs. The assessment plan required by this subsection must include

(1) assistance and approval by the certificated teacher assigned to each student by the district in the development of an individual learning plan for each student; the parent and the district must jointly develop the individual learning plan, with assistance from the student if appropriate; the individual learning plan must include an on-going assessment plan designed to target instruction and measure student proficiency towards achievement of the standards adopted by reference in 4 AAC 04.140;

(2) monitoring of each student by the assigned certificated teacher; the monitoring must include at least monthly teacher-student or teacher-parent contact and quarterly reviews of the student's work or progress in the individual learning plan; the district must maintain a record of the contact required under this paragraph;

(3) after review and consideration of any recommendations submitted by the student and parents, the student's grades, or other determination that the course standards are met, as determined and assigned by a certificated teacher; and

(4) a transcript that denotes the origin of the curriculum and curriculum material for any course provided under the program that was not selected by the school board of the district.

(f) The district must require enrolled students to participate in the statewide student assessment program as required by 4 AAC 06.710 - 4 AAC 06.790. The program must

(1) provide and require parents to sign a written statement indicating that they understand the testing requirements of the assessment program and that they will abide by them; and

(2) follow the requirements of 7 AAC 06.765 for test security, including providing a secure testing facility to administer all testing requirements of the assessment program, or enter into agreements with the districts and those schools where the testing is to be administered to allow statewide correspondence program students to participate in testing requirements of the assessment program.

(g) The program must include a plan for receiving parental advice and involvement in planning, development, and evaluation of the statewide correspondence study program, including the selection and evaluation of textbooks or other curriculum materials, teachers, and administrators. The plan must include a signed agreement between the certificated teacher assigned by the statewide correspondence study program and one or more parents of each student. The agreement

(1) must verify that the student and parent have the same right to access the district appeal process as students and parents in the district's other programs;

(2) must verify that the textbooks or other curriculum materials and the course of study are appropriate for the student, aligned to state standards, and comply with AS 14.03.090 and 14.18.060; and

(3) must document the process used to ensure curriculum materials are aligned to state standards and in compliance with AS 14.03.090 and 14.18.060, including a review by a certificated teacher of all textbooks and other curriculum materials for each student.

(i) a district that offers a statewide correspondence program must have an enrollment policy that provides, during the student counting period provided in AS 14.17.600 , for the enrollment of all eligible students.

(j) A district that offers a statewide correspondence study program must report in the audit required under AS 14.14.050 all expenditures on the correspondence program using function 140 of the Alaska Department of Education and Early Development Uniform Chart of Accounts and Account Code Descriptions for Public School Districts, 2000 Edition, adopted by reference under 4 AAC 06.120(a) (2), notwithstanding the designation of function 140 in the uniform chart as optional.

(k) A statewide correspondence study program may not pay for or provide money for

(1) family travel, including transportation, food, or lodging; or for expenses during, or for any travel out-of-state unless a governing body or superintendent of the district approves expenses incurred in the out-of-state travel that are associated with direct instructional activities; in this paragraph, "family travel" does not include travel in which a student is accompanied by the student's family for assessments or other required, activities initiated by the district;

(2) annual passes or family memberships to a sports or recreational facility; however, an annual pass or membership for the student may be purchased for entry into a sports or recreational facility in which the student is provided lessons under the student's individual learning plan, if the cost of the pass or membership is prorated to include only the cost of the student's instructional time;

(3) fees that allow entrance to a facility in which no instruction directly connected to a student's individual learning plan under (e)(1) of this section is given;

(4) religious, partisan, sectarian, or denominational textbooks or other curriculum materials;

(5) services provided to a student by a family member; in this paragraph, "family member" means the student's spouse, guardian, parent, step-parent, sibling, step-sibling, grandparent, step-grandparent, child, uncle, or aunt;

(9) taxes, testing other than educational assessments required by the district, or parking fees;

(11) permanent items that adhere to or enhance the value of a non-school facility; or

(l) A statewide correspondence study program, or a parent through a fund account under 4 AAC 33.422, may contract with a private individual to provide tutoring to a student in a subject described in 4 AAC 04.140, fine arts, music, or physical education, if

(1) the instruction is not provided by a private or sectarian educational institution;

(2) the instruction is part of the student's individual learning plan under (e)(1) of this section;

(3) a certificated teacher who is highly qualified under 4 AAC 04.210 to teach the subject or the grade level, if applicable, and who is employed by the program, has the primary responsibility to plan, instruct, and evaluate the learning of the student in the subject; and

(4) the total money spent on tutoring or other expenses in fine arts, music, and physical education for a student that does not exceed 15 percent of the base student allocation provided in AS 14.17.470 , whether spent by the district or the parent through a fund account under 4 AAC 33.422.

(m) The total money spent on fine arts, music, and physical education for a student may not exceed 15 percent of the base student allocation provided in AS 14.17.470 , whether spent by the district or the parent through a fund account under 4 AAC 33.422.

History: Eff. 12/25/2002, Register 164; am 8/6/2004, Register 171; am 2/20/2005, Register 173

(a) A statewide correspondence study program may provide a fund account to the student's parents for the purpose of meeting instructional expenses for the student enrolled in the program. Expenditures from a fund account must be for the student's instructional needs as described on the individual learning plan under 4 AAC 33.421(e) (1).

(b) Textbooks, equipment, and other curriculum materials purchased with state money, including money provided to the parent through a fund account, are property of the district. Materials that are not consumables must be returned to the district when the student leaves the program for any reason.

(d) The fund account may not be used by the district or the parent to supplant district funds or obligations for IEP services.

(e) The governing body of a district that offers a statewide correspondence program must establish written standards, consistent with 4 AAC 33.405 - 4 AAC 33.490, on what constitutes appropriate and allowable expenditures of the fund accounts. The district must include the written standards with its application or reapplication under 4 AAC 33.420.

(f) The district must approve all expenditures from the fund account under the written standards established by the district under (e) of this section. The district's approval process may include pre-authorization for items identified by the district in its written standards.

ALASKA STATUTE
Title 14. EDUCATION, LIBRARIES, AND MUSEUMS
Chapter 14.03. PUBLIC SCHOOLS GENERALLY
Article 02. CHARTER SCHOOLS
Sec. 14.03.250. Establishment of charter schools.

(a) A charter school may be established as provided under AS 14.03.250 - 14.03.290 upon the approval of the local school board and the state Board of Education and Early Development of an application for a charter school. The state Board of Education and Early Development may not approve more than 60 charter schools to operate in the state at any one time.

(b) A local school board shall prescribe an application procedure for the establishment of a charter school in that school district. The application procedure must include provisions for an academic policy committee consisting of parents of students attending the school, teachers, and school employees and a proposed form for a contract between a charter school and the local school board, setting out the contract elements required under AS 14.03.255 (c).

(c) A local school board shall forward to the state Board of Education and Early Development applications for a charter school that have been approved or denied by the local board.

(a) A charter school operates as a school in the local school district except that the charter school (1) is exempt from the local school district's textbook, program, curriculum, and scheduling requirements; (2) is exempt from AS 14.14.130 (c); the principal of the charter school shall be selected by the academic policy committee and shall select, appoint, or otherwise supervise employees of the charter school; and (3) operates under the charter school's annual program budget as set out in the contract between the local school board and the charter school under (c) of this section. A local school board may exempt a charter school from other local school district requirements if the exemption is set out in the contract. A charter school is subject to secondary school competency testing as provided in AS 14.03.075 and other competency tests required by the department.

(2) oversee the operation of the charter school to ensure that the terms of the contract required by (c) of this section are being met;

(3) meet regularly with parents and with teachers of the charter school to review, evaluate, and improve operations of the charter school; and

(4) meet with the academic policy committee at least once each year to monitor progress in achieving the committee's policies and goals.

(c) A charter school shall operate under a contract between the charter school and the local school board. A contract must contain the following provisions:

(5) a statement of the charter school's funding allocation from the local school board and costs assignable to the charter school program budget;

(6) the method by which the charter school will account for receipts and expenditures;

(8) the name of the teacher, or teachers, who, by agreement between the charter school and the teacher, will teach in the charter school;

(12) a termination clause providing that the contract may be terminated by the local school board for the failure of the charter school to meet educational achievement goals or fiscal management standards, or for other good cause;

(13) a statement that the charter school will comply with all state and federal requirements for receipt and use of public money;

(14) other requirements or exemptions agreed upon by the charter school and the local school board.

(d) A charter school may be operated in an existing school district facility or in a facility within the school district that is not currently being used as a public school, if the chief school administrator determines the facility meets requirements for health and safety applicable to public buildings or other public schools in the district.

(a) A local school board shall provide an approved charter school with an annual program budget. The budget shall be not less than the amount generated by the students enrolled in the charter school less administrative costs retained by the local school district, determined by applying the indirect cost rate approved by the Department of Education and Early Development. The "amount generated by students enrolled in the charter school" is to be determined in the same manner as it would be for a student enrolled in another public school in that school district.

(b) The program budget of a charter school is to be used for operating expenses of the educational program of the charter school, including purchasing textbooks, classroom materials, and instructional aids.

(c) The charter school shall provide the financial and accounting information requested by the local school board or the Department of Education and Early Development and shall cooperate with the local school district or the department in complying with the requirements of AS 14.17.910 .

(d) The expenses of housing nonresident students who attend the charter school, including room, board, and other reasonable housing expenses, may not be paid for with state money but may be paid for with funds contributed by sources other than the state.

Sec. 14.03.263. Charter school grant program. [Repealed, Sec. 1 ch 100 SLA 2003].

(2) students who will benefit from a particular teaching method or curriculum; or

(3) nonresident students, including providing domiciliary services for students who need those services, if approved by the board.

(b) A charter school shall enroll all eligible students who submit a timely application, unless the number of those applications exceeds the capacity of the program, class, grade level, or building. In the event of an excess of those applications, the charter school and the local school board shall attempt to accommodate all of those applicants by considering providing additional classroom space and assigning additional teachers from the district to the charter school. If it is not possible to accommodate all eligible students who submit a timely application, students shall be accepted by random drawing. A school board may not require a student to attend a charter school.

Sec. 14.03.270. Teacher or employee transfers, evaluations, and negotiated agreements.

(a) A teacher or employee may not be assigned to a charter school unless the teacher or employee consents to the assignment.

(b) All provisions of an existing negotiated agreement or collective bargaining agreement applicable to a teacher or employee of a district apply to that teacher or employee if employed at a charter school in that district, unless the district and the bargaining unit representing the teacher or employee agree to an exemption.

(c) A teacher in a charter school shall be evaluated in an equivalent manner as all other teachers in the district, except that if there is no administrator assigned to the charter school, the local school board, with the agreement of the charter school, shall designate a school district administrator in that district to evaluate a teacher in a charter school.

The state Board of Education and Early Development may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to implement AS 14.03.250 - 14.03.290.

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