NOTICE OF PROPOSED CHANGES ON SCHOOL AND EDUCATOR ACCOUNTABILITY

IN THE REGULATIONS OF THE DEPARTMENT OF EDUCATION & EARLY DEVELOPMENT

The Department of Education & Early Development proposes to implement a new statewide student assessment, give school districts more time to implement educator evaluation regulations, and remove requirements that student learning data compose a certain percentage of educators’ evaluations.

The Department of Education & Early Development proposes to adopt regulation changes in Title 4 of the Alaska Administrative Code dealing with school and educator accountability, including the following:

(1) 4 AAC 04.205(e) is proposed to be changed as follows:

2016 rather than 2015 will be the first year that school districts must adopt standards for educator performance based on student learning data.

(2) 4 AAC 04.205(f) is proposed to be changed as follows:

Districts may use up to three years of student learning data from state assessments to measure educator performance.

(3) 4 AAC 06.815(a) is proposed to be changed as follows:

In the base year of a new state assessment, the department will have up to 60 days after establishing proficiency scores to notify districts of their annual measureable objectives.

(4) 4 AAC 06.815(d) is proposed to be changed as follows:

Annually by September 1 the department will report performance scores as compared to school, district, and state targets in the annual measureable objectives.

(5) 4 AAC 06.817 is proposed to be added as follows:

The first year of a state assessment that requires new proficiency scores will be a base year for reporting and accountability based on those assessments. In that circumstance, the commissioner of education may limit new measures of school and district accountability, retain existing measures for a year, and reset timelines for reporting assessment results.

(6) 4 AAC 06.820(h) is proposed to be repealed because the topic would be covered in the amended 4 AAC 06.817.

(7) 4 AAC 06.820(i) is proposed to be added as follows:

Students who are 0.25 full-time equivalent must be included in a state standards-based assessment only if the student receives instruction in the relevant subject and grade level.

(8) 4 AAC 06.895(b) is proposed to be changed as follows:

A school shall disseminate to parents its report card to the public no later than 30 days after the department has given all necessary data to the school.

(9) 4 AAC 06.895(e) is proposed to be repealed because its topic is an assessment that has been repealed.

(10) 4 AAC 19.010(e), (f), (g), and (h) are proposed to be changed as follows:

Delay the school year in which districts will first consider student learning data in evaluating educators; remove requirements that such data compose a certain percentage of the evaluation; and relax criteria for an overall rating of proficient or higher.

(11) 4 AAC 19.010(k) is proposed to be added:

Require districts to implement a pilot program for incorporating student learning data into their educator evaluation system.

(12) 4 AAC 19.030(d) is proposed to be changed as follows:

2016 rather than 2015 will be the first year that districts must adopt evaluation procedures that use student learning data.

(13) 4 AAC 19.055 is proposed to be changed as follows:

Require districts to report annually the number of tenured and non-tenured educators who exceeded district performance standards, were on a plan of improvement, were receiving district support, were non-retained, were dismissed, and who resigned as a result of a rating of unsatisfactory or basic.

(14) 4 AAC 19.099(7) and (9) are proposed to be changed as follows:

Clarify how student learning data applies to the evaluation of educators on special assignment. Define “teacher on special assignment.”

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Commissioner’s Office, Department of Education & Early Development, Attn: Regulations Review, 801 West Tenth Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500. Additionally, the Department of Education & Early Development will accept comments by facsimile at (907) 465-4156 and online at https://education.alaska.gov/regs/comment.cfm. Comments also may be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the "comment" link. Written comments must be received no later than 4:30 p.m. on April 30, 2015.

Oral comments may be submitted at a hearing to be held on June 4, 2015, at 520 Fifth Avenue, Fairbanks, in the first floor boardroom. The hearing will be held from 8:15 a.m. to 9:00 a.m. and might be extended to accommodate those present before 7:55 a.m. who did not have an opportunity to comment.

You also may comment at this meeting, during this time only, via the Legislative Information Office streaming by calling 1-844-586-9085 if you are outside of Juneau. For participation from Juneau, call 586-9085. This meeting will be streamed through the Legislative Information Office over http://www.alaskalegislature.tv/  beginning at 8:00 a.m. June 4, 2015, and 8:30 a.m. June 5, 2015 (audio only). 

 Persons also may comment at the oral hearing via the following Legislative Information Offices:



Anchorage, 716 W 4th Ave., Suite 100; Barrow, 119 Bank Building.; Bethel, 301 Willow Street; Fairbanks, 1292 Sadler Way, Suite 308; Juneau, Suite 111, Terry Miller Building, State Capitol; Kenai, 145 Main Street Loop, Suite 217; Ketchikan, 1900 First Avenue, Suite 310; Kodiak, 305 Center Ave., Suite 1; Kotzebue, 373 2nd Street, Pillautuq Centre; Mat-Su, 600 East Railroad Ave.; Nome 103 Front Street; Seward, 302 Railway, Suite 107; Sitka, 201 Katlian Street, Suite 103; Unalaska, 029 Airport Beach Road., No. 03-01.

You may submit written questions relevant to the proposed action to Eric Fry at eric.fry@alaska.gov or Department of Education & Early Development, Attn: Eric Fry, 801 West Tenth Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500. The questions must be received by 4:30 p.m. April 20, which is at least 10 days before the end of the public comment period. The Department of Education & Early Development will aggregate its response to substantially similar questions and make the questions and response available on https://education.alaska.gov/regs/comment.cfm. The Department of Education & Early Development may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Lisa Miller at (907) 465-2802 or lisa.miller@alaska.gov no later than May 27, 2015, to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System through the electronic link to the complete text and by contacting Eric Fry at eric.fry@alaska.gov and 907-465-2851.

After the public comment period ends, the Department of Education & Early Development will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 14.07.020, AS 14.07.060

Statutes Being Implemented, Interpreted, or Made Specific: AS 14.03.015, AS 14.07.020, AS 14.07.060, AS 14.20.010, AS 14.20.020, AS 14.03.123, AS 14.50.080, AS 14.03.120, AS 14.20.149

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: March 31, 2015                                            

Les Morse, Deputy Commissioner