Regulations

Comment on Proposed Regulations

This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on March 31, 2015, concerning these proposed regulation revisions. This SUPPLEMENTAL NOTICE is being issued to provide notice of an additional opportunity for the public to provide oral comments regarding these regulation revisions. The period for written comments has closed.

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 proposes to adopt regulation changes in Title 4 of the Alaska Administrative Code dealing with school and educator accountability, including the following:

Supplemental Notice: Accountability Regulations


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  6. 4 AAC 06.820(h) is proposed to be repealed because the topic would be covered in the amended 4 AAC 06.817.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

Oral comments only may be submitted at a hearing to be held on August 24, 2015, at 801 W. 10th Street, Juneau, Alaska, in the first floor auxiliary boardroom. The hearing will be held from noon to 12:30 p.m. and might be extended to accommodate those present before noon who did not have an opportunity to comment.

You also may provide oral comments 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 noon, August 24, 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.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Ms. Shawn Sypeck at (907) 465-2802 or shawn.sypeck@alaska.gov no later than August 17, 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, or at https://education.alaska.gov/regs/comment.cfm 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.

Questions & Answers

  • Question. Is the “unsatisfactory” performing level a new level being added or is it replacing the basic level?

    Answer. Unsatisfactory is not a new level. Beginning in December 2012, the regulations provided for four performance levels: exemplary, proficient, basic, and unsatisfactory. Districts are required to use these performance levels to describe an educator’s performance on individual standards and for an educator’s overall rating.
    The change that is being proposed allows districts more latitude in determining what constitutes an overall performance rating of proficient and exemplary. Current regulations prohibit an overall rating of proficient or exemplary if an educator receives one or more ratings of basic or unsatisfactory on individual standards. The proposed change allows districts to give an overall rating of proficient or exemplary even if an educator is performing at a basic level on an individual standard.





The Department of Education & Early Development proposes to allow persons with certificates of achievement to take a college and career readiness assessment and receive a high school diploma. The department also proposes to clarify the circumstances in which students may waive college and career readiness assessments.

4 AAC 06.718-.790

The department proposes to adopt regulation changes in Title 4 of the Alaska Administrative Code dealing with career and college readiness assessments, including the following:

  1. 4 AAC 06.718(a) is proposed to be added as follows:
    Require school districts to give a high school diploma to persons who hold a certificate of achievement from the district and who take a college and career readiness assessment.
  2. 4 AAC 06.718(b) is proposed to be added as follows:
    A person may take a college and career readiness assessment offered through a school district or offered outside the Alaska public school system.
  3. 4 AAC 06.718(c) is proposed to be added as follows:
    A district shall permit a person who has exited high school to take a college and career readiness assessment when it is administered by the district if the person holds a certificate of achievement, meets all test registration requirements of the district and test vendor, and pays all applicable fees charged by the district or test vendor.
  4. 4 AAC 06.718(d) is proposed to be added as follows:
    Only the district that issued the certificate of achievement may issue a high school diploma to a person under this section.
  5. 4 AAC 06.718(e) is proposed to be added as follows:
    To obtain a high school diploma under this section, a person shall submit to the district that issued the certificate of achievement a written request for a high school diploma, a score report issued by the test vendor for a college and career readiness assessment, and any fee the district assesses for issuance of a diploma under this section.
  6. 4 AAC 06.718(f) is proposed to be added as follows:
    A district may assess a fee for the issuance of a diploma only if the fee is required under a written district policy.
  7. 4 AAC 06.718(g) is proposed to be added as follows:
    Not later than 90 days after receiving a request that complies with subsection (e), a district shall issue a high school diploma to a person who submits a request under subsection (e).
  8. 4 AAC 06.718(h) is proposed to be added as follows:
    “College and career readiness assessment” means the SAT, ACT, or WorkKeys assessment.
  9. 4 AAC 06.723 is proposed to be changed as follows:
    Specify that the death of a legal guardian is a rare or unusual circumstance meriting a waiver from taking a college and career readiness assessment. Specify that a rare or unusual circumstance meriting a waiver must be outside only of the student’s control and not also outside of the control of the student’s parents or school. Clarify the conditions of a significant and uncorrectable system error that merits a waiver.
  10. 4 AAC 06.790 is proposed to be changed as follows:
    Update the list of definitions used in 4 AAC 06.700-790.
  11. 4 AAC 06.076 is proposed to be repealed because it relates to an examination that no longer exists.

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 August 7, 2015.

Oral comments may be submitted at a hearing to be held on September 17, 2015, in the school library at Mt. Edgecumbe High School, 1330 Seward Avenue, Sitka, 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 1-844-586-9085 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. September 17, 2015, and 8:30 a.m. September 18, 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. July 28, 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.

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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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