Alaska Administrative Code

Notes 4 AAC 51.350 Repealed 4/9/92. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare…

Notes 4 AAC 51.360 Repealed 4/9/92. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare…

In 4 AAC 51.200 - 4 AAC 51.390, (1) "curriculum" means the instructional program content as approved by the department; (2) "program" means a logically sequenced set of instructional outcomes; (3) "vocational education" means organized programs, approved by the department, for gr…

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 …

Notes 4 AAC 52.020 Eff. 7/1/83, Register 86; am 6/9/85, Register 94; repealed 8/22/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More com…

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), and AS 14.30.231. Notes 4 AAC 52.030 Eff. 7/1/83, Register 86; am 11/26/93, Regi…

(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…

(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 …

Notes 4 AAC 52.110 Eff. 7/1/83, Register 86; am 6/9/85, Register 94; repealed 8/22/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More com…

(a) Not later than 90 calendar days after obtaining parental consent for an initial evaluation or reevaluation of eligibility, the district shall evaluate the referred child, develop an IEP if the child is determined to be eligible and parental consent for services is obtained, a…

Each district shall conduct a full individual evaluation of a child who is referred under 4 AAC 52.100, in conformance with the procedures and requirements of 34 C.F.R. 300.301 - 300.302, 300.304 - 300.306, and 300.308 - 300.311, as revised as of October 13, 2006, and adopted by …

(a) To determine a child's eligibility for special education and related services under 4 AAC 52.130, a district shall, in conformance with 34 C.F.R. 300.306, adopted by reference in 4 AAC 52.120, (1) in interpreting evaluation data draw upon information from a variety of sources…

(a) Repealed 8/22/2001. (b) To be eligible for special education and related services as a child with cognitive impairment, a child must (1) score two or more standard deviations below the national norm on an individual standardized test of intelligence, and exhibit deficits in a…

(a) Each district shall initiate and conduct an individualized education program (IEP) team meeting to develop, review, and revise a written IEP for each child who is eligible for services under 4 AAC 52.130 and AS 14.30.186. (b) An IEP must be developed (1) through an IEP team p…

(a) For a child with a disability, three through five years of age, an individualized family service plan (IFSP) that contains the material required by 20 U.S.C. 1436 Individuals with Disabilities Education and that is developed in accordance with 34 C.F.R. 300.321- 34 C.F.R. 300…

(a) Each district shall ensure that extended school year services are available as necessary to provide a FAPE if a child's IEP team determines, on an individual basis, in accordance with the requirements of 34 C.F.R. 300.106, as revised as of October 13, 2006, and adopted by ref…

(a) Each statement of transition services in the IEP of a child with disabilities must include a coordinated set of activities, designed within an outcome-oriented process, that promotes movement from school to post-school activities. Those activities include postsecondary educat…

Each district shall ensure that assistive technology devices and assistive technology services are made available to a child with a disability who needs devices or services for supplementary aids and services in regular classes or in the child's home or other setting in order to …

(a) In determining the educational placement of a child with a disability, each district shall ensure that the child's placement is made in conformance with the requirements of 34 C.F.R. 300.116, as revised as of October 13, 2006, and adopted by reference. (b) If a district deter…

(a) A district or a state educational agency responsible for providing education to children with disabilities is not responsible to pay for the cost of education and related services of a child with a disability who is enrolled at a private school or facility by a parent or othe…

Notes 4 AAC 52.160 Eff. 7/1/83, Register 86; am 11/15/87, Register 101; am 7/16/89, Register 111; repealed 8/22/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prio…

(a) A child with a disability must be placed in the least restrictive environment that can provide a FAPE for the child, in conformance with the requirements of 34 C.F.R. 300.114(a)(2), 300.115, and 300.117, as revised as of October 13, 2006, and adopted by reference. (b) Service…

(a) A district shall reevaluate each child with a disability, in the manner set out in 4 AAC 52.120 and 4 AAC 52.125, to determine whether the child remains eligible for services under 4 AAC 52.130 and to determine the educational needs of the child. The reevaluation may not occu…

Each district shall comply with the requirements of 34 C.F.R. 300.503, as revised as of October 13, 2006, and adopted by reference regarding provision of written notice to parents. Notes 4 AAC 52.190 Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 11/23/94, Register 132; a…

Informed consent of a parent must be obtained by a district in all circumstances dictated by, and in conformance with the provisions of 34 C.F.R. 300.300(a), (b), (c), and (d)(1), (3), (4), and (5) and 300.622, as revised as of March 20, 2009, and adopted by reference. Notes 4 AA…

Each district shall take steps to ensure that a parent has an opportunity to participate in meetings pertaining to the identification, evaluation, and placement of, and provision of FAPE to, that parent's child, in conformance with the requirements of 34 C.F.R. 300.501(b) and (c)…

Notes 4 AAC 52.220 Eff. 7/1/83, Register 86; repealed 8/22/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be…

Notes 4 AAC 52.230 Eff. 7/1/83, Register 86; am 11/26/93, Register 128; repealed 8/22/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More …

(a) Each district shall evaluate a child and provide special education and related services to the child in conformity with the IEP of the child at no cost to the child or parent. (b) This section does not prohibit incidental fees that are normally charged to children who do not …

(a) A person employed as a special education aide shall be trained by a special education teacher or specialist certificated under 4 AAC 12.330 or 4 AAC 12.365, or licensed under AS 08.11, AS 08.84, or AS 08.86 to provide the services with which the aide will assist. (b) Before a…

(a) Each special education program provided to a child through the assistance of a certificated regular education teacher must be reviewed on-site by the certificated special education teacher responsible for the child's program. The child's IEP team shall make an individualized …

An interpreter provided as part of a program of special education and related services for a child with a disability who is deaf must be certified by the National Registry of Interpreters for the Deaf, or must be enrolled and progressing in a program that meets the standards deve…

Each district shall ensure that all personnel necessary to implement this chapter and 20 U.S.C. 1400- 1482 (Individuals with Disabilities Education Act), or a regulation adopted under 20 U.S.C. 1400- 1482, are appropriately and adequately prepared. Notes 4 AAC 52.260 Eff. 7/1/83,…

Each district shall comply with the requirements of 34 C.F.R. 300.504, as revised as of October 13, 2006, and adopted by reference, regarding the provision of notice of procedural safeguards to the parents of a child with a disability. The notice must inform the parent of any fre…

The department will provide for a mediation system in compliance with 34 C.F.R. 300.506, as revised as of October 13, 2006 and adopted by reference. Notes 4 AAC 52.490 Eff. 8/22/2001, Register 159; am 8/30/2007, Register 183 Authority:AS 14.07.060 AS 14.30.194 State regulations a…

(a) An organization or parent or other individual may file with the department an administrative complaint alleging that a district or other public agency has violated a requirement of AS 14.30.180-14.30.350, this chapter, 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Educ…

(a) Except as provided in (c) of this section, each district shall permit a parent to inspect and review all educational records with respect to the identification, evaluation, and educational placement of the parent's child and the provision of a FAPE to the parent's child. (b) …

(a) A parent who believes that information in a record relating to the parent's child that is collected, maintained, or used by a district under this chapter is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child may request that the dist…

(a) Each district shall obtain written consent of a parent before disclosing, for any purpose other than meeting the requirements of this chapter, personally identifiable information relating to that parent's child, that is collected, maintained, or used by the district under thi…

(a) The parent of a child with a disability has the right to obtain an independent educational evaluation of the child in conformance with the provisions of 34 C.F.R. 300.502, as revised as of October 13, 2006, and adopted by reference. (b) Each district shall provide to a parent…

(a) The department will make available to the public an optional model form for filing a complaint for a due process hearing under AS 14.30.193. A parent must file a complaint for a due process hearing in the timelines established in AS 14.30.193(a); a district must file a compla…

(a) The resolution meeting required under 4 AAC 52.550(f) must provide the (1) parent the opportunity to discuss the issues raised in the due process complaint for a due process hearing with the IEP team; and (2) district the opportunity to resolve the problems that are the basis…

(a) A hearing officer(1) may not have a personal or professional interest that an independent third party could reasonably expect would conflict with the officer's objectivity in a hearing; (2) may not, during the course of the 12 months immediately preceding appointment, have be…

Notes 4 AAC 52.570 Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 9/28/90, Register 115; am 11/26/93, Register 128; repealed 3/31/2002, Register 161 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most r…

(a) If attorney fees or costs of a party are awarded by a court in an action or proceeding brought under 20 U.S.C. 1415, a district may not pay those fees or costs with money provided under 20 U.S.C. 1411 - 1413. (b) Notwithstanding (a) of this section, a district may use money p…

(a) Except as provided in 4 AAC 52.550(l), and as provided in (b) - (d) of this section, during the pendency of an administrative or judicial proceeding concerning the identification, evaluation, or educational placement of a child, unless the parties agree otherwise, the child s…

(a) Each district shall establish and implement written procedures for the identification of children who are entitled to the appointment of a surrogate parent, and for the appointment and removal of surrogate parents. A child is entitled to a surrogate parent if the child meets …