NOTICE OF PROPOSED CHANGES TO

REGULATIONS RELATED TO SCHOOL AND DISTRICT ACCOUNTABILITY, IMPROVEMENT AND REPORTING; EDUCATOR AND PARAPROFESSIONAL QUALIFICATIONS; ENGLISH LEARNER IDENTIFICATION; AND OTHER CONFORMING REGULATIONS TO IMPLEMENT THE STATE PLAN UNDER THE EVERY STUDENT SUCCEEDS ACT (ESSA) IN THE REGULATIONS OF THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT

BRIEF DESCRIPTION: The regulations included in this package are required to implement the accountability and school support and improvement systems as specified in the Every Student Succeeds Act (ESSA), and to make conforming amendments to related regulations as applicable.  This project includes regulations that are being amended, repealed and readopted, and repealed. Regulation changes are summarized below.

The Department of Education and Early Development proposes to adopt regulation changes to Title 4 of the Alaska Administrative Code dealing with the Every Student Succeeds Act (ESSA), including the following:

4 AAC 04.220 lists the paraprofessional standards and qualifications; 04.900 specifies definitions required by ESSA for reporting data about educator equity; 12.300(g) modifies the fees to add endorsements to a teacher’s certificate; and 19.055 allows the department to collect data required for reporting teacher evaluation data at the school level.

4 AAC 06.737, 06.775(b), and 06.776 are amended for clarifications or requirements under ESSA.

4 AAC 34.055 and 34.090 update the language relating to English learners, and updates the criteria for a student to exit English learner status.

4 AAC 06.812-06.840 outline the requirements and calculations of the accountability system, indicators, long-term goals and measures of interim progress, and school designations.

4 AAC 06.845-06.872 outline the requirements for school and district improvement plans, specifies support and requirements for schools designated for comprehensive support and improvement and for targeted support and improvement, and outlines the authority of the department to increase state support and oversight, and require interventions.

4 AAC 06.875-899 outline requirements for opportunity to review data, notice, jury service, school recognition, informal review of complaints, reporting requirements and definitions.

Sections 06.802 requirements adopted by reference; 06.835 star ratings; 06.852 technical assistance; and 33.500-599 growth and proficiency index are proposed to be repealed as they are either no longer applicable or have been incorporated into another section.

4 AAC 06.055, and 06.883 are amended to conform to new language, but have no significant changes.

The Department of Education and Early Development invites the public to submit written comments during the written comment period, which begins with the date of this notice and ends on May 26, 2018, at 4:30 p.m.

You may comment in writing 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 and Early Development, Attn: Regulations Review, 801 West Tenth Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500.

You also may submit written comments by facsimile at (907) 465-4156; by electronic mail to melissa.mccormick@alaska.gov; and online at the website of the Department of Education and Early Development at https://education.alaska.gov/regs/comment.cfm. Written comments also may be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link.

All written comments must be received not later than 4:30 p.m. on May 26, 2018.

After the written comment period has ended, you may submit oral comments to the State Board of Education and Early Development at a hearing to be held by the board on May 31, by audio-conference or in person. The public comment period will be held from 9:10 a.m. to 10:10 a.m. but may be extended to accommodate those present before 9:00 a.m. who have not had an opportunity to comment before 10:10 a.m.

You may submit oral comments at this hearing, during this time only, via the Legislative Information Office streaming by calling 1-844-586-9085 if you are outside of Juneau or Anchorage. For participation from Juneau, call 586-9085. For participation from Anchorage, call 563-9085.

You also may submit oral comment by visiting your local Legislative Information Office (LIO). The following LIO’s will participate: Anchorage, 716 W 4th Ave., Suite 100; Bethel, 301 Willow St.; Fairbanks, 1292 Sadler Way, Suite 308; Juneau, Room 111 Terry Miller Bldg.; Kenai, 145 Main St. Loop, Suite 217; Ketchikan, 1900 First Ave., Suite 310; Kodiak, 305 center Ave., Suite 1; Mat-Su, 600 E Railroad Ave.; Nome 103 Front St.; Seward, 302 Railway Suite 107; and Sitka, 201 Katlian St., Suite 103.

You may also submit oral comments in person at 801 West 10th Street in the first floor State Board Room in Juneau, Alaska.

This meeting will be streamed through the Legislative Information Office over http://www.akl.tv/ beginning at 9:00 a.m. May 31, 2018 (audio only). You may submit written questions relevant to the proposed action to Melissa McCormick at melissa.mccormick@alaska.gov or the Department of Education and Early Development, Attn: Melissa McCormick, PO Box 110500, Juneau, Alaska 99811-0500. If a question is relevant to the proposed change in the regulations and the question is received by May 16, 2018, which is 10 days before the end of the public comment period, the department will make a good-faith effort to answer the question before the end of the public comment period. The Department of Education and Early Development will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the website of the Department of Education and Early Development at https://education.alaska.gov/regs/comment.cfm. 

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Melissa McCormick at 907-465-2802 or melissa.mccormick@alaska.gov not later than May 16, 2018, to ensure that any necessary accommodation can be provided.

Copies of the proposed regulation changes are available on the Alaska Online Public Notice System, on the website of the Department of Education and Early Development at https://education.alaska.gov/regs/comment.cfm, and by contacting Melissa McCormick at melissa.mccormick@alaska.gov or 907-465-2802.

After the public comment period ends, the Department of Education and 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 regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 14.07.060 AS 14.50.080 AS 14.03.015 AS 14.07.165 AS 14.07.020 AS 14.30.125 AS 14.33.120 AS 14.03.075 AS 14.07.165 AS 14.03.123 AS 14.07.170 AS 14.07.030 AS 14.03.120 AS 14.20.010 AS 14.20.020 AS 14.20.030 AS 14.20.149 AS 14.17.420 AS 14.30.410

Statutes being implemented, interpreted, or made specific: AS 14.50.080 AS 14.03.015 AS 14.07.165 AS 14.07.020 AS 14.30.125 AS 14.33.120 AS 14.03.075 AS 14.07.165 AS 14.03.123 AS 14.07.170 AS 14.07.030 AS 14.03.120 AS 14.20.010 AS 14.20.020 AS 14.20.030 AS 14.20.149 AS 14.17.420 AS 14.30.410

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