Regulations

Comment on Proposed Regulations

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 January 27, 2015, which is 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.

4 AAC 43.035, 4 AAC 43.040(a), 4 AAC 43.045

The Department of Education & Early Development proposes to change regulations on the Alaska Performance Scholarship to allow eligible students to request more time to use the scholarship, and to give all students the same deadline for submitting eligibility documents.

The department proposes to adopt regulation changes in Title 4 AAC 43.035, 4 AAC 43.040(a), and 4 AAC 43.045 of the Alaska Administrative Code, dealing with the Alaska Performance Scholarship including the following:

  1. 4 AAC 43.040(a) is proposed to be changed as follows: Set the same deadline for all students to submit documents demonstrating their eligibility.
  2. 4 AAC 43.045 is proposed to be changed as follows: To allow students to ask the commissioner to extend the period in which they are eligible to use an Alaska Performance Scholarship.
  3. 4 AAC 43.035, which is proposed to be repealed. The intended effect of this repeal is to remove an obsolete grace period that applied only to the high school graduating classes of 2011 and 2012.

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4 AAC 12.346

The Department of Education & Early Development proposes to change regulations on how a school district superintendent may be certificated.

The department proposes to adopt regulation changes in Title 4 AAC 12.346 of the Alaska Administrative Code, dealing with certification of school district superintendents, including the following:

4 AAC 12.346 is proposed to be changed as follows:
Adding a new section to allow for a Type B Limited administrator certificate with a superintendent endorsement. Such applicants are not required to have teaching experience, but they must have experience as an administrator and meet other conditions. The initial one-year certificate may be extended upon meeting conditions.

Question: For how long would a Limited Type B certificate apply?

Response: An individual applying for the limited Type B would not be qualified for a regular type B for one of the following reasons: 1) had not complete a school administrator program or 2) lacked the necessary certificate or experience as a teacher and/or school administrator.

The proposed regulations would create a Limited Type B certificate with a superintendent endorsement good for up to five years. In order for the certificate to be valid for the full five years, the applicant and district would need to meet each of the requirements on the timeline set out in the regulation. When the certification is first issued, it will only be good for one year. At the end of years one, two, and three, the applicant and the district would need submit documents to the department to verify that the applicant and district had satisfied the requirements. Once the required documentation is satisfied, the Teacher Certification Office would extend the certificate for an additional year. The timeline is outlined below:


Timeline Applicant Requirements District Requirements
At time of application
  • Master’s degree or higher
  • Five years of work experience in an administrative position (not necessarily school related)
  • Letter of recommendations verifying experience and expertise
  • Background check
  • Fees
  • Submit a request for the issuance of the limited certificate for the applicant
  • Employee a mentor for to support the applicant
During year one
  • Enroll in an approved superintendent program
  • Complete an educator evaluation course approved by the department
  • Complete training on the district’s educator evaluation system
  • Prohibit the applicant from evaluating certificated educators until the required course and the training is complete
  • Continue employment of a mentor to support the applicant
During year two
  • Continue to make progress in the approved superintendent program
  • Complete training on the district’s educator evaluation system
  • Complete 3 semester hours of approved Alaska studies coursework
  • Complete 3 semester hours of approved multicultural coursework
  • Continue employment of a mentor to support the applicant
During year three
  • Complete the superintendent program
  • Complete training on the district’s educator evaluation system
 
During year four
  • Complete training on the district’s educator evaluation system
 
During year five
  • Complete training on the district’s educator evaluation system
 
Renewal requirements
  • Complete 6 semester hours of coursework, three of which must be upper division coursework. The first renewal coursework requirement could be satisfied by the coursework taken as part of the superintendent program and/or the Alaska studies/multicultural coursework requirements.
  • Request the renewal on behalf of the applicant and verify satisfactory administrative performance during the applicant’s tenure with the district.

Question: The proposed regulation requires holder of a Limited Type B certificate to complete coursework related to educator evaluation. If these certificate-holders already had administrative experience, wouldn’t they have a Type B certificate, which would have included coursework in educator evaluation?

Response: Applicants would apply for the Limited Type B certificate only if they were not eligible for the regular Type B. In this regulation, “administrative experience” means administrative experiences outside of the school setting.

Question: Why is a limited Type B certificate needed if districts already can hire chief administrators who do not have the usual Type B certificate? (State law refers to the latter administrators as chief school administrators.)

Response: State regulations do not allow a district’s chief school administrator to oversee educators or oversee planning and development of educational programs. Currently, only holders of Type B (administrative) certificates can perform those tasks.

We anticipate that small districts are the most likely districts to employ a superintendent with a limited Type B certificate. It is unlikely that those districts can afford to employ both a chief school administrator (non-certificated) and, to oversee educators and oversee planning and development of educational programs, a person with a Type B certificate. Furthermore, the qualifications of holders of limited Type B certificates differ from those of chief school administrators. The state sets no requirements for the qualifications of chief school administrators.

Holders of limited Type B certificates must immediately or eventually meet many of the requirements for a regular Type B certificate. For example, holders of limited Type B certificates initially must have a master’s degree and five years’ experience in administration. Eventually, they must complete: an approved superintendent program, a course in evaluating educators, training in the district’s evaluation system, three semester hours of Alaska studies, and three semester hours of multicultural coursework. In addition, holders of limited Type B certificates must be mentored for two years by a person who has served as a superintendent in Alaska.

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4 AAC 12.300(g)

The Department of Education & Early Development proposes to change regulations on teacher certification fees.

The department proposes to adopt regulation changes in Title 4 AAC 12.300(g) of the Alaska Administrative Code, dealing with teacher certification fees including the following:

4 AAC 12.300(g) is proposed to be changed as follows:
Increase the application fees for teacher certificates so that the fees cover the full cost of operating the Professional Teaching Practices Commission, in keeping with legislative intent.

Question: Why is the department proposing this regulation?

Response: In recent years, the Professional Teaching Practices Commission (PTPC) has been funded through a general fund appropriation from the state of approximately $300,000. In the state’s most recent operating budget, legislators stated their intention “that no later than fiscal year 2016, the PTPC be entirely funded by receipts collected from teacher certification fees under Alaska Statute 14.20.020(c).”

Fiscal year 2016 begins July 1, 2015. Alaska Statute 14.20.020(c) requires the department to charge fees that cover the full costs for certifying and disciplining teachers, specifically to include the costs of the Professional Teaching Practices Commission.

Currently, the fee structure for certification is sufficient to support only the certification of Alaska educators. In order to have sufficient funds to also support the educational and disciplinary activities of the PTPC, the department will need to increase the certification and renewal fees by $75. The increase would impact the fees collected for all certificates and renewals with the exception of the Advanced Type C and the Student Teaching Authorization.

The proposed increase was calculated by dividing $300,000 by the number of certificates (excluding the Advanced Type C and the Student Teaching Authorization) issued by the department in fiscal year 2013, which was 3,926.

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4 AAC 06.078, 4 AAC 06.717(f), 4 AAC 06.775(b), 4 AAC 06.790

The Department of Education & Early Development proposes to change regulations on the assessment of students with disabilities, including those students with significant cognitive disabilities.

The department proposes to adopt regulation changes in Title 4 AAC 06.078, 4 AAC 06.717(f), 4 AAC 06.775(b), and 4 AAC 06.790 of the Alaska Administrative Code, dealing with the assessment of students with disabilities including the following:

  1. 4 AAC 06.078 is proposed to be changed as follows:
    Substitute courses, as defined in this regulation, are available only to students who will take the state standards-based assessments.
  2. 4 AAC 06.717(f) is proposed to be changed as follows: To clarify that students who take the state alternate assessment are not eligible for a high school diploma.
  3. 4 AAC 06.775(b) is proposed to be changed as follows: Students who take the state alternate assessment may be eligible for a certificate of completion instead of a diploma.
  4. 4 AAC 06.790 is proposed to be changed as follows:
    To define certificate of completion and certificate of achievement.

You may comment on these 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 4:00 p.m. on February 6, 2015.

Oral comments may be submitted at a hearing to be held on March 19, 2015, at the first-floor state boardroom at 801 W. 10th Street, Juneau, Alaska. 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 1-855-463-5009 if you are outside of Juneau. For participation from Juneau, call 463-5009. This meeting will be streamed through the Legislative Information Office over www.alaskalegislature.tv beginning at 8:00 a.m. March 19, 2015, and 8:30 a.m. March 20, 2015 (audio only).

Persons also may comment at the oral hearing via the following Legislative Information Offices: Anchorage, 733 W 4th Ave., Suite 100; Barrow, 119 Bank Building.; Bethel, 301 Willow Street.; Cordova, 705 Second Street; Delta Junction, Colombo Building, Suite 204, 1380 Richardson Hwy.; Dillingham, Kangiiqutaq Building; Fairbanks, 1292 Sadler Way, Suite 308; Glennallen, 186 Glenn Hwy.; Homer, 270 West Pioneer Ave. Suite B; Juneau, Rm. 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.; Petersburg, 11B Gjoa Street; Seward, 302 Railway, Suite 107; Sitka, 201 Katlian Street., Suite. 103; Tok, West 1st Street, UAF-Tok Unit 1; Unalaska, 029 Airport Beach Road., No. 03-01; Valdez, State Office Building, Room 13; and Wrangell, 223 Front Street.

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The Department of Education & Early Development proposes to change regulations on early literacy screenings to allow schools to request waivers for students in kindergarten and/or first grade.

The department proposes to adopt regulation changes in 4 AAC 06.714 of the Alaska Administrative Code, dealing with early literacy screenings including the following:

4 AAC 06.714 is proposed to be changed as follows:

Allow a school to request a waiver from early literacy screenings for students in kindergarten and/or grade one. Set criteria by which the commissioner of education will consider a waiver.

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 4:00 p.m. on February 27, 2015.

Oral comments may be submitted at a hearing to be held on March 19, 2015, at the first-floor state boardroom at 801 W. 10th Street, Juneau, Alaska. 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 1-855-463-5009 if you are outside of Juneau. For participation from Juneau, call 463-5009. This meeting will be streamed through the Legislative Information Office over www.alaskalegislature.tv beginning at 8:00 a.m. March 19, 2015, and 8:30 a.m. March 20, 2015 (audio only).

Persons also may comment at the oral hearing via the following Legislative Information Offices: Anchorage, 733 W 4th Ave., Suite 100; Barrow, 119 Bank Building.; Bethel, 301 Willow Street; Cordova, 705 Second Street; Delta Junction, Colombo Building, Suite 204, 1380 Richardson Hwy.; Dillingham, Kangiiqutaq Building; Fairbanks, 1292 Sadler Way, Suite 308; Glennallen, 186 Glenn Hwy.; Homer, 270 West Pioneer Ave. Suite B; Juneau, Room 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; Petersburg, 11B Gjoa Street; Seward, 302 Railway, Suite 107; Sitka, 201 Katlian Street, Suite 103; Tok, West 1st Street, UAF-Tok Unit 1; Unalaska, 029 Airport Beach Road., No. 03-01; Valdez, State Office Building, Room 13; and Wrangell, 223 Front Street.

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 p.m. February 17, 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 March 12, 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 and at https://education.alaska.gov/regs/comment.cfm or by contacting the Department of Education & Early Development, Attn: Eric Fry, 801 West 10th Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500

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 14.07.020; AS 14.07.060

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

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Comment Form


This comment form is specifically for regulations. If you wish to make comments regarding current legislation, please contact your legislator directly. A complete list of e-mail contacts can be found at on the Alaska Directory of State Officials.

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