AS Title 14, Chapter 30: Pupils and Educational Programs for Pupils

Article 1. Compulsory Education. Chapter 30. Pupils and Educational Programs for Pupils. Sec. 14.30.010. When attendance compulsory. (a) Every child between seven and 16 years of age shall attend school at the public school in the district in which the child resides during each school term. Every parent, guardian or other person having the responsibility for or control of a child between seven and 16 years of age shall maintain the child in attendance at a public school in the district in which the child resides during the entire school term, except as provided in (b) of this section. (b) This section does not apply if a child (1) is provided an academic education comparable to that offered by the public schools in the area, either by (A) attendance at a private school in which the teachers are certificated according to AS 14.20.020 ; (B) tutoring by personnel certificated according to AS 14.20.020 ; or (C) attendance at an educational program operated in compliance with AS 14.45.100 — 14.45.200 by a religious or other private school; (2) attends a school operated by the federal government; (3) has a physical or mental condition that a competent medical authority determines will make attendance impractical; (4) is in the custody of a court or law enforcement authorities; (5) is temporarily ill or injured; (6) has been suspended or expelled under AS 14.03.160 or suspended or denied admittance under AS 14.30.045 ; (7) resides more than two miles from either a public school or a route on which transportation is provided by the school authorities, except that this paragraph does not apply if the child resides within two miles of a federal or private school that the child is eligible and able to attend; (8) is excused by action of the school board of the district at a regular meeting or by the district superintendent subject to approval by the school board of the district at the next regular meeting; (9) has completed the 12th grade; (10) is enrolled in (A) a state boarding school established under AS 14.16 ; or (B) a full-time program of correspondence study approved by the department; in those school districts providing an approved correspondence study program, a student may be enrolled either in the district correspondence program or in the centralized correspondence study program; (11) is equally well-served by an educational experience approved by the school board as serving the child's educational interests despite an absence from school, and the request for excuse is made in writing by the child's parents or guardian and approved by the principal or administrator of the school that the child attends; (12) is being educated in the child's home by a parent or legal guardian. (c) If a parent, legal guardian, or other person having the responsibility for or control of the child elects to enroll a child who is six years of age in first grade at a public school, after enrollment, the child is subject to the provisions of (a) and (b) of this section. If the parent or guardian of a child who is six years of age and is enrolled in first grade at a public school determines, within 60 days after the child is enrolled, that the best interests of the child are not being served by enrollment in the first grade, the child may be withdrawn from school, and the provisions of (a) and (b) of this section do not apply to the child until the child is seven years of age. Sec. 14.30.020. Violations. A person who knowingly fails to comply with AS 14.30.010 is guilty of a violation. Each five days of unlawful absence under AS 14.30.010 is a separate violation. Sec. 14.30.030. Prevention and reduction of truancy. The governing body of a school district, including a regional educational attendance area, shall establish procedures to prevent and reduce truancy. Sec. 14.30.040. Extension of provisions to United States public schools for aborigines. [Repealed, § 59 ch 98 SLA 1966.] Sec. 14.30.045. Grounds for suspension or denial of admission. A school age child may be suspended from or denied admission to the public school that the child is otherwise entitled to attend only for the following causes: (1) continued wilful disobedience or open and persistent defiance of reasonable school authority; (2) behavior that is inimicable to the welfare, safety, or morals of other pupils or a person employed or volunteering at the school; (3) a physical or mental condition that in the opinion of a competent medical authority will render the child unable to reasonably benefit from the programs available; (4) a physical or mental condition that in the opinion of a competent medical authority will cause the attendance of the child to be inimicable to the welfare of other pupils; (5) conviction of a felony that the governing body of the district determines will cause the attendance of the child to be inimicable to the welfare or education of other pupils. Sec. 14.30.047. Admission or readmission when cause no longer exists. (a) A child who has been suspended from or denied admittance to a school under AS 14.30.045 (3) or (4) shall be permitted to attend school when the child is obviously recovered or presents to the governing body a statement in writing from a competent medical authority that the child is no longer afflicted with, or suffering from, the physical or mental condition to the extent that it is a cause for suspension or denial of admission under AS 14.30.045 (3) or (4). (b) A child who has been suspended from or denied admittance to a school for any other cause provided by AS 14.30.045 shall be permitted to attend school when it reasonably appears that the cause has been remedied. Sec. 14.30.050. Truant officers. [Repealed, § 3 ch 78 SLA 1987.] Article 2. Physical Examinations and Screening Examinations. Sec. 14.30.060. Purpose of AS 14.30.070 — 14.30.110. [Repealed, § 59 ch 98 SLA 1966.] Sec. 14.30.065. Supervision. The program of physical examination and immunizations prescribed by AS 14.30.065 — 14.30.127 shall be under the general supervision and in accordance with regulations of the Department of Health. Sec. 14.30.070. Physical examination required. (a) [Repealed, §§ 25, 29 ch 2 SSSLA 2015.] (b) The Department of Health may require the district to conduct physical examinations that it considers necessary, and may reimburse the district for the examinations on the basis and to the extent the commissioner of health prescribes by regulation. (c) Examinations shall be made by a competent physician or, within the scope of chiropractic practice, by a chiropractor, except that if the services of a physician or chiropractor cannot be obtained or if authorized by the commissioner of health examinations may be made by a nurse. Sec. 14.30.075. Physical examinations for teachers. (a) A school district may require physical examinations of teachers as a condition of employment. A school district is not required to pay the cost of physical examinations for teachers. This section does not affect the coverage of any health insurance benefits that a school district provides to teachers. (b) In this section, “school district” has the meaning given in AS 14.30.350 . Secs. 14.30.080 — 14.30.110. Exclusion from attendance; vaccinations; supervision and expenditures for physical examinations; exemptions from examinations or vaccinations. [Repealed, § 59 ch 98 SLA 1966.] Sec. 14.30.120. Certificate of physical examination. [Repealed, § 25 ch 2 SLA 2015.] Sec. 14.30.125. Immunization. If in the judgment of the commissioner of health it is necessary for the welfare of the children or the general public in an area, the governing body of the school district shall require the children attending school in that area to be immunized against the diseases the commissioner of health may specify. Sec. 14.30.127. Vision and hearing screening examinations. (a) A vision and hearing screening examination shall be given to each child attending school in the state. The examination shall be made when the child enters school or as soon thereafter as is practicable, and at regular intervals specified by regulation by the governing body of the district. (b) The Department of Health shall (1) set standards for the performance of vision and hearing screening; (2) train and certify public health nurses and school district employees to conduct hearing and vision screening tests; (3) assist with referral and follow-up of children needing professional examination or treatment; and (4) assist with maintenance and repair of screening equipment. Secs. 14.30.130 — 14.30.140. Readmission of child excluded on account of communicable disease; examination and treatment by municipal health officers. [Repealed, § 59 ch 98 SLA 1966.] Article 3. Pupil Health. Sec. 14.30.141. Self-administration and documentation of medication. (a) A public school shall permit the self-administration of medication by a pupil for asthma or anaphylaxis if, during the current school year, the pupil's parent or guardian provides the school (1) written authorization for the self-administration of the medication; (2) written certification from the pupil's health care provider that the pupil (A) has asthma or a condition that may lead to anaphylaxis; (B) has received instruction in the proper method of self-administration of the medication; and (C) has demonstrated to the health care provider the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed; (3) a release of liability for the school and its employees or agents for injury arising from the self-administration or storage of the medication; (4) an agreement to indemnify and hold harmless the school and its employees or agents for any claims arising out the self-administration or storage of the medication; (5) a written treatment plan for the pupil that is signed by the pupil's health care provider for managing asthma or anaphylaxis episodes, a list and dosage of medications needed during school hours, and permission for and instruction on storage of the medication at school; and (6) any other documentation required by the school that is consistent with this section. (b) The public school shall provide written notification to the pupil's parent or guardian of the school's absence of liability related to the self-administration of medication under this section. (c) A pupil who is permitted to self-administer medication under this section shall be permitted to carry and to store with the school nurse or other designated school official an inhaler or autoinjectable epinephrine, or both, at all times. (d) If a student uses the student's prescribed medication in a manner other than as prescribed, disciplinary action according to school codes may be imposed upon the student. The imposed disciplinary action may not limit or restrict the student's immediate access to the student's prescribed medication. (e) In this section, “health care provider” means a licensed physician, advanced practice registered nurse, physician assistant, village health aide, or pharmacist operating within the scope of the health care provider's authority. Sec. 14.30.142. Concussions in student athletes: prevention and reporting. (a) The governing body of a school district shall consult with the Alaska School Activities Association to develop and publish guidelines and other information to educate coaches, student athletes, and parents of student athletes regarding the nature and risks of concussions. Guidelines developed under this section must include a description of the risks of return to play and standards for return to play, including the procedures required under (c) and (d) of this section. (b) A school shall annually provide to a student and the parent or guardian of a student who is under 18 years of age written information on the nature and risks of concussions. A student may not participate in school athletic activities unless the student and the parent or guardian of a student who is under 18 years of age have signed a verification of receipt of the information required under this subsection. (c) A student who is suspected of having sustained a concussion during a practice or game shall be immediately removed from the practice or game. (d) A student who has been removed from participation in a practice or game for suspicion of concussion may not return to participation in practice or game play until the student has been evaluated and cleared for participation in writing by an athletic trainer or other qualified person who has received training, as verified in writing or electronically by the qualified person, in the evaluation and management of concussions. In this subsection, “qualified person” means either a (1) health care provider who is licensed in the state or exempt from licensure under state law; or (2) person who is acting at the direction and under the supervision of a physician who is licensed in the state or exempt from licensure under AS 08.64.370 (1), (2), (4), or (6). (e) A person who conducts an evaluation under (d) of this section and who is not paid for conducting the evaluation may not be held liable for civil damages resulting from an act or omission during the evaluation, except that the person may be held liable for reckless or intentional misconduct and for gross negligence. Sec. 14.30.143. Concussions in student athletes: school district immunity. (a) A school district may not be held liable for an injury to or the death of a person caused by a concussion and resulting from the action or inaction of a person employed by or under contract with a nonprofit youth organization if (1) the action or inaction occurred during the delivery of services by the district or organization in compliance with AS 14.30.142 ; (2) the organization is under contract with the district to provide the services; and (3) before the provision of services, the organization provided to the district written verification of (A) a valid insurance policy covering the injury or death in an amount not less than $50,000 for each person and $100,000 for each incident; (B) compliance with the protocol for prevention and reporting of concussions required in AS 14.30.142 . (b) This section may not be construed to impair or modify the ability of a person to recover damages for harm caused by the negligent or reckless actions of an employee or contractor of a school district or by the existence of a condition, equipment, program, or structure known by the school district or organization to be unsafe. (c) In this section, “youth organization” means a public or private entity qualified to do business in the state that provides a program or service to persons under 19 years of age. Sec. 14.30.145. Opioid overdose drugs. (a) Each school district shall ensure that (1) a person trained to administer an opioid overdose drug is on site (A) when the main school building of each school in the school district is open to students or staff, including periods when the school building is open before and after school hours and during weekend activities; and (B) during each school-sponsored event conducted on school grounds; (2) the main school building of each school in the school district has at least two doses of an opioid overdose drug available on site; and (3) at least one dose of an opioid overdose drug is available during a school-sponsored event conducted on school grounds. (b) The Department of Health shall provide each school district with the opioid overdose drug required under this section. The commissioner of health shall develop and provide to each school district a short training video about how and when to administer an opioid overdose drug. (c) A school district, school, or individual is not liable for civil damages for an injury to another individual resulting from a failure to possess or maintain an opioid overdose drug under this section. (d) In this section, (1) “main school building” means the building on school grounds where most of the students of the school are educated during regular school hours and the principal, nurse, and other administrative staff of the school are located; (2) “opioid overdose drug” has the meaning given in AS 17.20.085 (e); (3) “school district” means a borough school district, a city school district, a regional educational attendance area, and a state boarding school; (4) “school grounds” means a building, structure, athletic playing field, playground, parking area, or land contained within the real property boundary line of a school in a school district. Secs. 14.30.150 — 14.30.170. Scope of article; construction; penalty for false certificates. [Repealed, § 59 ch 98 SLA 1966.] Article 4. Psychiatric and Behavioral Evaluations and Treatments. Sec. 14.30.171. Prohibited actions. (a) Except as provided in AS 14.30.172 — 14.30.176, school personnel may not, unless otherwise authorized by law or a specific policy adopted by a governing body of a school district, (1) recommend to a parent or guardian that a child take or continue to take a psychotropic drug as a condition for attending a public school; (2) require that a child take or continue to take a psychotropic drug as a condition for attending a public school, except when, in the opinion of the child's treating physician, (A) the medication is necessary for the mental health of the child; or (B) the child poses a risk of harm to self or others without the medication; (3) conduct a psychiatric evaluation of a child; (4) recommend a specific licensed physician, psychologist, or other health specialist to a parent or guardian for a child; or (5) recommend that a parent or guardian seek or use for a child (A) a psychotropic medication; or (B) a psychiatric or psychological treatment. (b) As used in this section, “school personnel” means persons employed by a public school or school district to work in a public school, except for a person who holds a special services type C certificate issued under AS 14.20 that qualifies the person to be employed to provide related services to students, as described in regulations adopted by the board. Sec. 14.30.172. Communication not prohibited. (a) Nothing in AS 14.30.171 may be construed to prohibit school personnel from (1) consulting or sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, behavior in the classroom or school, or the need for evaluation for special education or related services as long as school personnel do not make an assertion or recommendation that violates AS 14.30.171 ; or (2) exercising their authority relating to the placement within the school or readmission of a child who may be or has been suspended or expelled for a violation of a school disciplinary and safety program adopted under AS 14.03.160 , AS 14.30.045 , or AS 14.33.110 — 14.33.140. (b) Nothing in AS 14.30.171 may be construed to prevent teachers or other school personnel from complying with the requirements of AS 47.17.020 (a) or (b) or from filing a report to authorities if a child poses a serious and imminent risk to the child's or another person's safety. Sec. 14.30.174. Compliance with federal education law. (a) Notwithstanding AS 14.30.171 (a)(3) and (5), a behavioral or mental health professional working within a public school system may, in compliance with federal education law or applicable state law, (1) recommend, but not require, a psychiatric or behavioral health evaluation of a child; and (2) recommend, but not require, psychiatric, psychological, or behavioral treatment for a child. (b) In this section, (1) “behavioral health professional” means a person who has a master's degree in psychology, social work, counseling, or a related field with specialization or experience in working with children experiencing behavioral, physical, and emotional disabilities, and is working within the scope of the person's training and experience; (2) “federal education law” means 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act), 20 U.S.C. 7101 — 7143 (Safe and Drug-Free Schools and Communities Act of 1994), 29 U.S.C. 794 (nondiscrimination under federal grants and programs), and 42 U.S.C. 12101 — 12213 (equal opportunity for individuals with disabilities); (3) “mental health professional” has the meaning given in AS 47.30.915 . Sec. 14.30.176. List of community resources. (a) Notwithstanding AS 14.30.171 (a)(4), a school district may make available to an interested parent or guardian a list of community resources, including mental health services if the list conspicuously states the following: “This list is provided as a resource to you. The school neither recommends nor requires that you use this list or any of the services provided by individuals or entities on the list. It is for you to decide what services, if any, to use and from whom you wish to obtain them.” (b) A list provided under (a) of this section must include the name, specialty, and credential of each mental health service provider listed. Sec. 14.30.177. Violations. Each school board shall adopt a policy that provides that an employee violating AS 14.30.171 — 14.30.176 may be subject to disciplinary action. Sec. 14.30.179. Definition. In AS 14.30.171 — 14.30.179, “public school” means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of those officials and that is supported by public funds. Article 5. Education for Children With Disabilities. Sec. 14.30.180. Purpose. It is the purpose of AS 14.30.180 — 14.30.350 to (1) provide an appropriate public education for each child with a disability in the state who is at least three years of age but less than 22 years of age; (2) allow procedures and actions necessary to comply with the requirements of federal law, including 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act). Sec. 14.30.185. Programs shall be established. [Repealed, § 59 ch 98 SLA 1966.] Sec. 14.30.186. Coverage; regulations. (a) Special education and related services shall be provided by (1) a borough or city school district for a child with a disability residing within the district; (2) the board of a regional educational attendance area operating a school in the area for a child with a disability residing in the area served by the school; (3) the borough, city school district, or regional educational attendance area in which a treatment institution, as that term is defined in AS 47.14.990 , juvenile detention facility or juvenile treatment facility, as those terms are defined in AS 47.12.990 , or a correctional facility is located for a child with a disability placed at the facility; (4) a state boarding school established under AS 14.16 for a child with a disability enrolled at a state boarding school; or (5) a school district that provides a statewide correspondence study program for a child with a disability who is enrolled in the program. (b) [Repealed, § 41 ch 67 SLA 2001.] (c) [Repealed, § 19 ch 147 SLA 1984.] (d) [Repealed, § 19 ch 147 SLA 1984.] (e) If the parent of a child with a disability elects to educate the child as allowed under AS 14.30.010 (b), the child may not be compelled to receive the special education and related services provided under AS 14.30.180 — 14.30.350. (f) The department shall, by regulation, establish standards for the allocation of financial responsibilities and the coordination of the provision of special education and related services among the educational agencies listed in (a) of this section when more than one educational agency is responsible for providing those services. Sec. 14.30.190. Establishment of standards by Department of Health and Social Services. [Repealed, § 4 ch 144 SLA 1970.] Sec. 14.30.191. Educational evaluation and placement. (a) A school district shall obtain the written informed consent of the child's parent before an initial evaluation or placement of a child with a disability in a program of special education and related services. (b) After initial placement in a program of special education and related services and not less than once every three years for as long as the child is assigned to the program, a child with a disability shall receive an educational evaluation. (c) Before a school district initiates or refuses a change in the placement or educational program of a child with a disability, the district shall notify the child's parent. (d) Upon completion of an evaluation or reevaluation under this section, the school district shall provide to the parent of each child evaluated under this section an opportunity to participate in the determination of the (1) child's eligibility for special education and related services; and (2) educational placement of the child if the child is determined to be eligible for special education and related services. (e) A parent may obtain an independent educational evaluation by choosing a person from a list provided by the district or by choosing a person by agreement between the parent and the school district, at the expense of the school district, if the parent disagrees with an evaluation obtained by the school district. The school district may initiate a hearing to show that its evaluation is appropriate. If the hearing officer determines that the evaluation is appropriate, the school district may not be required to pay for the independent educational evaluation. (f) If the parent obtains an independent educational evaluation at private expense, the results of the evaluation (1) must be considered by the school district in a decision made with respect to the provision of an appropriate public education to the child; (2) may be presented as evidence at a hearing regarding the child. (g) If a hearing officer requests an independent educational evaluation as part of a hearing, the school district shall pay for the evaluation. (h) A school district shall provide written notice of its decision under this section to the parent of the child. The notice must include a description of the procedural safeguards available to the parent and child under federal law. (i) In this section, “hearing” means a due process hearing under AS 14.30.193 . Sec. 14.30.193. Due process hearing. (a) A school district or a parent of a child with a disability may request a due process hearing on any issue related to identification, evaluation, or educational placement of the child, or the provision of a free, appropriate, public education to the child. A request is made by providing written notice to the other party to the hearing. A parent shall make a request for a due process hearing under this section not later than 12 months after the date that the school district provides the parent with written notice of the decision with which the parent disagrees. A school district shall make its request for a due process hearing in accordance with the time limit established by the department by regulation. (b) If a due process hearing is requested by either a school district or a parent, the school district shall contact the department to request appointment of a hearing officer. The department shall select a hearing officer through a random selection process, from a list maintained by the department under (g) of this section. Within five working days after receipt of the request, the department shall provide to the school district and the parent a notice of appointment, including the name and a statement of qualifications, of the hearing officer that the department determines is available to conduct the hearing. (c) The school district and the parent each have the right to reject, without stating a reason, one hearing officer appointed under this section. The rejecting party shall notify the department of that rejection in writing within five days after receipt of the department's notice of appointment. If a hearing officer is rejected under this subsection, the department shall, within five working days after receipt of the written rejection, provide a notice of appointment, including the name and a statement of qualifications, of another hearing officer that the department determines is available to conduct the hearing. Each appointment is subject to a right of rejection under this subsection by a party who has not previously rejected an appointment. (d) After a hearing officer is appointed and the time for rejection under (c) of this section has expired, the hearing officer shall immediately inform the parent and the school district of the availability of the mediation process provided under AS 14.30.194 and encourage use of that process to attempt to resolve the disagreement between the parent and the school district. If the mediation process does not result in settlement of all of the issues, the hearing officer shall conduct a hearing in conformance with the requirements of federal law, including 34 C.F.R. 300.511 — 513. After the hearing is completed, the hearing officer shall issue a written decision that (1) upholds the school district's decision; or (2) overturns the school district's decision with specific instructions for modification of the identification, evaluation, educational placement, or provision of the education program by the district. (e) A hearing officer's decision under this section is final and binding on the school district and parent unless appealed under (f) of this section. Notwithstanding a decision by the hearing officer, a child may not be evaluated, placed, transferred, or compelled to receive special education or related services from the school district until the period for filing an appeal under (f) of this section has expired or, if an appeal is filed, until the appellate review process has been completed. (f) A hearing officer's decision under this section is a final administrative order, subject to appeal to the superior court for review in the manner provided under AS 44.62.560 . (g) The department shall maintain a list of qualified hearing officers and shall provide for qualification of hearing officers through a training program that is open to all individuals who meet the criteria set by the department by regulation. The list of qualified hearing officers shall be maintained as a public record. (h) For purposes of this section, a student with a disability aged 18 — 21 has the same rights and obligations under this section as a parent of a child with a disability. Sec. 14.30.194. Mediation. (a) The department shall, by regulation, establish and implement a voluntary mediation process in conformance with the requirements of federal law, including 34 C.F.R. 300.506. The department shall encourage the use of mediation for settlement of disputes under AS 14.30.180 — 14.30.350. (b) The department shall (1) maintain a list of individuals who are qualified mediators knowledgeable in the federal and state statutes and regulations relating to the provision of special education and related services; and (2) provide for qualification of mediators through a training program that is open to all individuals who meet the criteria set by the department by regulation. Sec. 14.30.195. Hearings. [Repealed, § 41 ch 67 SLA 2001.] Secs. 14.30.200 — 14.30.220. Eligibility; budget; forfeiture of right to reimbursement. [Repealed, § 5 ch 70 SLA 1963.] Sec. 14.30.230. Special education. [Repealed, § 6 ch 144 SLA 1970.] Sec. 14.30.231. Advisory panel. The Governor's Council on Disabilities and Special Education established under AS 44.29.600 shall serve as the state advisory panel, the function of which is to provide information and guidance for the development of appropriate programs of special education and related services for children with disabilities. Sec. 14.30.235. Withdrawal of consent. If under a provision of this chapter the consent of the parent is required, the parent may withdraw the parent's consent. Sec. 14.30.240. Supervisor. [Repealed, § 5 ch 70 SLA 1963.] Sec. 14.30.250. Teacher qualifications. A person may not be employed as a teacher of children with disabilities unless that person possesses a valid teacher certificate and, in addition, the training that the department requires by regulation. Sec. 14.30.255. Administrator qualifications. A person may not be employed as an administrator of a program of special education and related services unless that person possesses a valid administrative certificate and, in addition, such training as the department may require by regulation. Sec. 14.30.260. Exception to qualifications. [Repealed, § 19 ch 147 SLA 1984.] Sec. 14.30.270. Substitutes. AS 14.30.250 does not prohibit the employment of a person, otherwise qualified to serve as a substitute teacher, to serve as a substitute teacher of children with disabilities. Sec. 14.30.272. Procedural safeguards. (a) A school district shall inform the parent of a child with a disability of the right (1) to review the child's educational record; (2) to review evaluation tests and procedures; (3) to refuse to permit evaluation or a change in the child's educational placement; (4) to be informed of the results of evaluation; (5) to obtain an independent evaluation by choosing a person from a list provided by the school district or by choosing a person by agreement between the parent and school district; (6) to request a due process hearing; (7) to appeal a hearing officer's decision; and (8) to give consent or deny access to others to the child's educational record. (b) The department shall establish, by regulation, impartial procedures for a school district to follow for due process hearings to comply with requirements necessary to participate in federal grant-in-aid programs, including 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act). Sec. 14.30.274. Identification of children with disabilities. Each school district shall establish and implement written procedures to ensure that all children with disabilities under the age of 22 for whom the agency is responsible under AS 14.30.186 to provide special education and related services are identified and located for the purpose of establishing their need for special education and related services. Sec. 14.30.276. Least restrictive environment. Each school district shall ensure that, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not children with disabilities and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Sec. 14.30.278. Individualized education program; transition services. (a) A school district shall develop an individualized education program for special education and related services for each eligible child with a disability. The plan must be completed not later than 30 days after the determination of the child's eligibility. Each individualized education program shall be developed and periodically reviewed and revised as necessary in conformance with federal requirements, including 34 C.F.R. 300.320 — 328. (b) When providing transition services as defined in 20 U.S.C. 1401(34) to a child with a disability who is over 15 years of age as part of a program of special education and related services under AS 14.30.180 — 14.30.350, a school district's primary objective and preferred outcome is to help the child become gainfully employed in an integrated workplace where individuals with disabilities work with and alongside of individuals without disabilities, or become enrolled in postsecondary education. (c) In this section, “gainfully employed” means employed full time or part time within one year of leaving high school. Sec. 14.30.280. Psychologist qualifications. [Repealed, § 19 ch 147 SLA 1984.] Sec. 14.30.285. Transfers of children with disabilities. (a) The department shall institute a statewide program for the education of children with disabilities to ensure that whenever possible children are educated in the state at locations in or near their resident school district. (b) An identified child with a disability may be sent to an educational program or residential school outside the child's community or school district if the child resides in a community or school district where an appropriate educational program cannot reasonably be made available and if the school district determines that provision of special education and related services in another educational program or residential school is appropriate. If the school district approves the enrollment of a child with a disability in another educational program or residential school outside the child's community or school district and the child is enrolled, the child's education expenses shall be paid as follows: (1) except as otherwise provided by (2) of this subsection, the sending district shall pay all costs associated with the transfer; (2) the department may provide financial assistance to the school district for a child's education provided for in (1) of this subsection under regulations adopted by the department. (c) [Repealed, § 19 ch 147 SLA 1984.] (d) For the purposes of this section a child's education expenses are limited to the actual cost of necessary care, transportation, and special education and related services, including room and board. (e) The educational assessment of a child with a disability that indicates that the educational program that is locally available is inappropriate for the needs of the child must conform to the standards set out in AS 14.30.191 . (f) A school district shall obtain informed consent of the child's parent before a child may be transferred to a school outside the district in which the child resides. (g) The withholding of informed consent by a parent for the transfer of a child with a disability under this section does not relieve a school district of the obligation to provide special education and related services to the child. (h) The department shall make available to school districts an electronic system for managing student information and tracking records relating to individualized education programs for children with disabilities. The system must, to the extent permitted by federal law, allow school districts to transfer special education records for a student when the student transfers to a different school district. If the governing body of a school district elects to use the system selected by the department, the department shall provide the school district with the system, including any software necessary to implement the system, at no charge to the school district. The department may not require a school district to use the system selected by the department. Sec. 14.30.290. Purposes of appropriations. [Repealed, § 5 ch 70 SLA 1963.] Sec. 14.30.295. Special education outside state. [Repealed, § 4 ch 79 SLA 1974.] Sec. 14.30.300. Nonresident apportionment. [Repealed, § 5 ch 70 SLA 1963.] Sec. 14.30.305. State support of programs for children hospitalized or confined to their homes. A child who is hospitalized or confined to home and who receives at least 10 hours of special education and related services per week may be counted as a pupil in average daily membership when computing state support under the public school funding program. Sec. 14.30.310. Hospitalized and homebound children. [Repealed, § 5 ch 70 SLA 1963.] Sec. 14.30.315. State support of programs for gifted children. [Repealed, § 39 ch 83 SLA 1998; § 41 ch 67 SLA 2001.] Sec. 14.30.320. Reimbursement for hospitalized or homebound children. [Repealed, § 5 ch 70 SLA 1963.] Sec. 14.30.325. Surrogate parents. (a) The department shall by regulation provide for the appointment of surrogate parents to represent a child with a disability in matters relating to the provision of an appropriate public education. (b) A surrogate parent is not liable for civil damages as a result of an act or omission committed in the surrogate parent's official capacity, except that a surrogate parent may be liable for civil damages as a result of gross negligence or intentional misconduct. Sec. 14.30.330. Application for enrollment. [Repealed, § 19 ch 147 SLA 1984.] Sec. 14.30.335. Eligibility for federal funds. Notwithstanding any other provision of AS 14.30.180 — 14.30.350, the department may do all things necessary to qualify for federal funds that are available to the state for the education of children with disabilities. Sec. 14.30.340. Provision of special education in a private school, home, or hospital setting. (a) If a parent of a child with a disability enrolls the child in a private school, including a religious school, at the parent's expense or teaches the child at home, the school district in which the child resides shall make special education and related services available in conformance with federal requirements, including 34 C.F.R. 300.130 — 148. A parent teaching the parent's child at home may refuse special education and related services for the child. (b) If a physician certifies in writing, and if the child's individualized education program under AS 14.30.278 provides that a child's bodily, mental, or emotional condition does not permit attendance at a school and the child's parents do not elect to teach the child at home as permitted under AS 14.30.010 (b), the school district in which the child is located shall enroll the child in public school and provide the child with special education and related services in conformance with the child's individualized education program at the child's home or at a medical treatment facility. Sec. 14.30.345. Regulations. [Repealed, § 59 ch 98 SLA 1966.] Sec. 14.30.347. Transportation of children with disabilities. When transportation is required to be provided as a related service, a child with a disability shall be transported with children who are not children with disabilities if the district provides transportation to children in the district, except when the nature of the physical or mental disability is such that it is in the best interest of the child with a disability, as provided in the child's individualized education program, that the child be transported separately. State reimbursement for transportation of children with disabilities shall be as provided for transportation of all other pupils except that eligibility for reimbursement is not subject to restriction based on the minimum distance between the school and the residence of the child with a disability. Sec. 14.30.350. Definitions. In AS 14.30.180 — 14.30.350, (1) “appropriate education” means personalized instruction with sufficient support services to permit a child to benefit educationally from the instruction; (2) “child with a disability” means a child with one or more of the following: (A) intellectual disability; (B) learning disabilities; (C) emotional disturbance; (D) deafness; (E) deaf-blindness; (F) hearing impairment; (G) orthopedic impairment; (H) other health impairment; (I) speech or language impairment; (J) visual impairment; (K) multiple disabilities; (L) early childhood development delay; (M) autism; (N) traumatic brain injury; (O) developmental disability; (3) “due process hearing” means a hearing conducted under AS 14.30.193 ; (4) “educational records” means those files, documents, records, and other material that contain information directly related to a student and are maintained by a school district or a person acting for a school district; the term “educational records” does not include the personnel records of the school district, maintained in the normal course of business, that relate exclusively to a person's capacity as an employee, or other records as designated by the department in regulation; (5) “informed consent” means that (A) a child's parent has been fully informed, in the parent's native language or other mode of communication, of all information relevant to the activity for which consent is sought; (B) the parent understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought; (C) the consent describes that activity and lists any records that will be released and to whom; and (D) the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; (6) “parent” means a (A) child's natural or adoptive parent; (B) child's guardian, but not the state if the child is in the legal custody of the state; (C) person who is acting in the place of a child's natural or adoptive parent, such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare; and (D) child's surrogate parent who has been appointed under AS 14.30.325 ; (7) “related services” means services described in 34 C.F.R. 300.34; (8) “school district” means a borough school district, a city school district, a regional educational attendance area, a state boarding school, and the state centralized correspondence study program; (9) “special education” means an educational program described in 34 C.F.R. 300.39. Article 6. Education for Gifted Children. Sec. 14.30.352. Programs for gifted children. (a) Every school district shall establish educational services for gifted children that provide for student identification, student eligibility, student learning plans, and parental and student participation, including an appropriate review process, consistent with regulations adopted by the department. (b) State reimbursement for transportation of gifted children shall be as provided for transportation of all other pupils, except that eligibility for reimbursement is not limited to transportation between the child's residence and the school, but shall also include transportation between a school and another location of instruction as routinely required by the gifted education program of the district. Article 7 Sexual Abuse and Sexual Assault Awareness and Prevention Sec. 14.30.355. Sexual abuse and sexual assault awareness and prevention. (a) The governing body of each school district shall adopt and implement a policy, establish a training program for employees and students, and provide parent notices relating to sexual abuse and sexual assault awareness and prevention for students enrolled in grades kindergarten through 12. (b) The policy, training, and notices adopted under this section must include (1) age-appropriate information; (2) warning signs of sexual abuse of a child; (3) referral and resource information; (4) available student counseling and educational support; (5) methods for increasing teacher, student, and parent awareness of issues regarding sexual abuse of children; (6) actions that a child may take to prevent and report sexual abuse or sexual assault; and (7) a procedure allowing a student to be excused from participating in training or from receiving notices under this section at the written request of a parent or guardian of the student, or of the student if the student is emancipated or 18 years of age or older. (c) The training required for teachers under this section may be provided as a part of the continuing education required under AS 18.66.310 . (d) In this section, (1) “school district” has the meaning given in AS 14.30.350 ; (2) “sexual abuse” or “sexual assault” has the meaning given to “sexual abuse” in AS 47.10.990 . Sec. 14.30.356. Teen dating violence and abuse awareness and prevention program; training and notices. (a) The department, in consultation with school districts, shall develop and approve a program relating to teen dating violence and abuse awareness and prevention for grades seven through 12.

The program must (1) include training for employees and students; (2) provide parent notices; and (3) be reviewed periodically by a qualified individual or committee for consistency with generally accepted standards for a teen dating violence and abuse awareness and prevention program. (b) The training, notices, and instruction adopted under this section must include (1) age-appropriate information; (2) the warning signs of dating violence and abusive behavior; (3) characteristics of healthy relationships; (4) measures to prevent and stop dating violence and abuse; (5) community resources available to victims of dating violence and abuse; and (6) a procedure allowing a student to be excused from participating in training or from receiving notices under this section at the written request of a parent or guardian of the student, or of the student if the student is emancipated or 18 years of age or older. (c) The training required for teachers under this section may be provided as a part of the continuing education required under AS 18.66.310 . (d) In this section, (1) “dating violence and abuse” means a pattern of behavior in which one person threatens to use, or actually uses, physical, sexual, verbal, emotional, or psychological abuse to control the person's dating partner; (2) “school district” has the meaning given in AS 14.30.350 . Article 8. Health, Safety, and Physical Education. Sec. 14.30.360. Health education curriculum; physical activity guidelines. (a) Each district in the state public school system shall be encouraged to initiate and conduct a program in health education for kindergarten through grade 12. The program should include instruction in physical health and personal safety including alcohol and drug abuse education, cardiopulmonary resuscitation (CPR), early cancer prevention and detection, dental health, family health including infant care, environmental health, the identification and prevention of child abuse, child abduction, neglect, sexual abuse, and domestic violence, and appropriate use of health services. (b) The state board shall establish guidelines for a health and personal safety education program. Personal safety guidelines shall be developed in consultation with the Council on Domestic Violence and Sexual Assault. Upon request, the Department of Education and Early Development, the Department of Health, and the Council on Domestic Violence and Sexual Assault shall provide technical assistance to school districts in the development of personal safety curricula. A school health education specialist position shall be established and funded in the department to coordinate the program statewide. Adequate funds to enable curriculum and resource development, adequate consultation to school districts, and a program of teacher training in health and personal safety education shall be provided. (c) In addition to the health education program encouraged under (a) of this section, a school district shall establish guidelines for schools in the district to provide opportunities during each full school day for students in grades kindergarten through eight for a minimum of 90 percent of the daily amount of physical activity recommended for children and adolescents in the physical activity guidelines by the Centers for Disease Control and Prevention, United States Department of Health and Human Services. The time provided for physical activity under this subsection may include physical education classes and opportunities for unstructured physical activity, such as recess. A school district shall adopt guidelines under this subsection that (1) allow a student to be excused from the physical activity opportunities if the student is unable to participate for a medical reason; and (2) provide an exemption from the physical activity opportunities under this subsection for health and safety reasons, such as inclement weather. (d) In this section, “district” has the meaning given in AS 14.17.990 . Sec. 14.30.361. Sex education, human reproductive education, and human sexuality education. (a) A person may only teach a class or program in sex education, human reproduction education, or human sexuality education if the person (1) possesses a valid teacher certificate issued under AS 14.20 and is employed under a contract with the school; or (2) is supervised by a person who meets the requirements under (1) of this subsection. (b) Before curriculum, literature, or materials related to sex education, human reproduction education, or human sexuality education may be used in a class or program or distributed in a school, the curriculum, literature, or materials must be (1) approved by the school board; and (2) available for parents to review. (c) Before a person teaches a class or program under (a)(2) of this section, (1) the person must be approved by the school board; and (2) the person's credentials must be available for parents to review. (d) The requirements under (a) of this section do not apply to (1) sexual abuse and sexual assault awareness and prevention training required under AS 14.30.355 ; or (2) dating violence and abuse awareness and prevention training required under AS 14.30.356 . Sec. 14.30.362. Suicide awareness and prevention training. (a) A school district and the department shall provide youth suicide awareness and prevention training approved by the commissioner to each teacher, administrator, counselor, and specialist who is employed by the district or department to provide services to students in a public school in the state at no cost to the teacher, administrator, counselor, or specialist. (b) The commissioner shall approve youth suicide awareness and prevention training provided under this section if the training meets standards for professional continuing education credit in the state and is periodically reviewed by a qualified person or committee for consistency with generally accepted principles of youth suicide awareness and prevention. The training may be offered through videoconferencing or an individual program of study of designated materials. (c) A person may not bring a civil action for damages against the state or a school district, or an officer, agent, or employee of the state or a school district, for a death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties authorized under this section. This subsection does not apply to a civil action for damages as a result of intentional misconduct with complete disregard for the safety and property of others. (d) The training under this section shall be provided according to the schedule adopted by the governing body of a school district. (e) The training provided or the failure to provide training under this section may not be construed to impose a specific duty of care on any person. Sec. 14.30.365. Interscholastic activities; eligibility. (a) A full-time student who is eligible under (b) of this section who is enrolled in grades nine through 12 in an alternative education program that is located in the state and that does not offer interscholastic activities is eligible to participate in any interscholastic activities program available in a public school (1) that, based on the residence of the parent or legal guardian, the student would be eligible to attend were the student not enrolled in an alternative education program; or (2) at which the student requests to participate, if (A) the student shows good cause; and (B) the governing body of the school approves. (b) A student is eligible to participate in interscholastic activities under this section if the student (1) is otherwise eligible to participate in interscholastic activities under requirements established by the school, the school district, and the statewide interscholastic activities governing body; (2) provides documentation, including academic transcripts, proof of full-time enrollment, and applicable disciplinary records, and, if required for participation in an activity by the school, requested medical records, to the school providing the interscholastic activities program; and (3) claims the same school for interscholastic activities eligibility purposes during a school year. (c) In this section, (1) “alternative education program” means a public secondary school that provides a nontraditional education program, including the Alaska Military Youth Academy; a public vocational, remedial, or theme-based program; a home school program that is accredited by a recognized accrediting body; a charter school authorized under AS 14.03.250 — 14.03.290; and a statewide correspondence school that enrolls students who reside outside of the district in which the student resides and provides less than three hours a week of scheduled face-to-face student interactions in the same location with a teacher who is certified under AS 14.20.020 ; (2) “district” has the meaning given in AS 14.17.990 ; (3) “full-time student” means a student who (A) is enrolled in not less than five classes in grades nine through 11 and not less than four classes in grade 12; and (B) is on track to graduate from secondary school in not more than four years of attendance in secondary school; (4) “interscholastic activities” means preparation for and participation in events or competitions involving another school when the preparation or participation (A) is sanctioned or supported by the statewide interscholastic activities governing body; (B) is conducted outside of the regular school curriculum; and (C) does not involve participation in student government at a school; (5) “located in the state” means that the alternative education program is accessed by a student who is located in the state and provides for all instructional hours to take place at a site in the state. Sec. 14.30.370. Evaluation. Health education programs conducted under AS 14.30.360 shall be evaluated by the department in the same manner as other curriculum programs are evaluated, except that the evaluation shall also include changes in the health status of the pupils as determined by physical and dental examinations conducted under AS 14.30.070 . Sec. 14.30.375. School gardens, greenhouses, and farms. [Repealed, § 5 ch 11 SLA 2010.] Article 9. Environmental Education. Sec. 14.30.380. Environmental education. The board shall encourage each school board to initiate and conduct a program of environmental education for kindergarten through grade 12. The program should include, but is not limited to, education regarding the need to balance resource development with environmental safeguards, the dependence of the state on resource development, and the opportunity for pollution prevention, waste reduction, and recycling. A school board may implement environmental education as a part of regular classroom studies. Article 10. Bilingual-Bicultural Education. Sec. 14.30.400. Bilingual-bicultural education. City or borough district school boards and regional educational attendance area boards shall provide a bilingual-bicultural education program for each school in a city or borough school district or regional educational attendance area that is attended by at least eight pupils of limited English-speaking ability and whose primary language is other than English. A bilingual-bicultural education program shall be provided under a plan of service that has been developed in accordance with regulations adopted by the department. Nothing in this section precludes a bilingual-bicultural education program from being provided for less than eight pupils in a school. Sec. 14.30.410. Bilingual-bicultural education funds. (a) [Repealed, § 12 ch 42 SLA 1997.] (b) The department shall adopt regulations for the determination of entitlement and the distribution of bilingual-bicultural funds to city and borough school districts and regional educational attendance areas. Sec. 14.30.420. Native language education. (a) A school board shall establish a local Native language curriculum advisory board for each school in the district in which a majority of the students are Alaska Natives, and any school district with Alaska Native students may establish a local Native language curriculum advisory board for each school with Alaska Native students in their district. If the local Native language curriculum advisory board recommends the establishment of a Native language education curriculum for a school, the school board may initiate and conduct a Native language education curriculum within grades kindergarten through 12 at that school. The program, if established, must include Native languages traditionally spoken in the community in which the school is located. Each school board conducting a program of Native language education shall implement the program as a part of regular classroom studies and shall use (1) instructors who are certified under AS 14.20.020 or 14.20.025; and (2) to the maximum extent possible (A) instructors and instructional materials available through the University of Alaska; and (B) audio-visual, computer, and satellite technology. (b) In this section, (1) “district” has the meaning given in AS 14.17.990 ; (2) “Native” means a person of one-fourth degree or more Alaskan Indian, Eskimo, or Aleut blood. Article 11. Adventure-Based Education. Sec. 14.30.500. Adventure-based education program. An adventure-based education program is a program designed to bring adventure-based education to high school students and appropriate juvenile offenders. A program shall include provisions for the following phases: (1) Phase I: Basic Skills Learning (A) physical conditioning: running, hiking, swimming, and other related activities; (B) technical training: the use of specialized tools and equipment, camping, cooking, map reading, navigation, life saving, drown proofing, and solo survival; (C) safety training: first aid skills, emergency care, preventive medicine, nutrition, health, and personal hygiene care; (D) team training: rescue techniques, evacuation exercises, and fire fighting; (E) solo: solitary living for a short period with minimal equipment; (F) interpersonal skills training: coping skills, individual and group problem solving, and societal communication skills; (G) culturally relevant activities: traditional modes of subsistence living, traveling and surviving in wilderness areas and communities in Alaska, and cross-cultural experiences. (2) Phase II: Skills Generalization (A) vocational counseling and placement; (B) family and interpersonal counseling; (C) community systems utilization: (i) transportation, (ii) community services systems, (iii) community problem solving. Sec. 14.30.510. Alaska student leadership development fund. [Repealed, § 12 ch 42 SLA 1997.] Article 12. Special Education Service Agency. Sec. 14.30.600. Agency established. There is established, as a public organization, the special education service agency. Sec. 14.30.610. Governing board. The agency shall be governed by the Governor's Council on Disabilities and Special Education ( AS 44.29.600 ). Sec. 14.30.620. Employees. Employees of the agency are not in the state service and are not subject to AS 39.25 (State Personnel Act). However, employees of the agency shall be members of either the Teachers' Retirement System ( AS 14.25 ) or the Public Employees' Retirement System ( AS 39.35 ). Sec. 14.30.630. Powers and duties. (a) The agency may (1) receive and expend public and private funds to carry out the purposes of the agency; (2) contract with the department and other public or private agencies for the provision of special education or related services; (3) do whatever is necessary to carry out the purposes of AS 14.30.600 — 14.30.660. (b) The agency shall (1) provide special education services including (A) itinerant outreach services to students who are deaf, deaf-blind, intellectually disabled, developmentally disabled, hearing impaired, blind and visually impaired, orthopedically disabled, health-impaired in other ways, and severely emotionally disturbed, and to students with multiple disabilities; (B) special education instructional support and training of local school district special education personnel; and (C) other services appropriate to special education needs; (2) provide for an annual audit of the agency; (3) provide the department with a two-year plan of operation including a description of the services to be offered by the agency, the method by which the services will be evaluated, information on the number of students and school district personnel to be served, a schedule of funds available to the agency from all sources, and other information that may be required by the department by regulation; (4) present an annual budget to the department. Sec. 14.30.640. Eligibility for service. The services of the agency shall be available to school districts that serve children whose special education needs occur infrequently, who require specialized services not normally available in the school district, and who cannot be easily served by local school district personnel because of the low number of students in the district in need of the particular service. The agency may provide services to a child with a disability, as that term is defined in AS 14.30.350 . Sec. 14.30.650. Funding. Each fiscal year, the department shall allocate to the agency not less than $23.13 times the number of students in the state in average daily membership in the preceding fiscal year as determined under AS 14.17.600 . Money to carry out the provisions of this section may be appropriated annually by the legislature. If amounts are insufficient to meet the allocation authorized under this section for a fiscal year, the allocation shall be reduced pro rata. Sec. 14.30.660. Definition. In AS 14.30.600 — 14.30.660, unless the context otherwise requires, “agency” means the special education service agency. Article 13. Records of Certain Missing or Transferred Children. Sec. 14.30.700. Records of missing children. Upon notification by the Department of Public Safety of a child's disappearance, a school or school district in which the child is currently or was previously enrolled shall flag the school record of that child in a manner that, when a copy or information regarding the record is requested, the school or school district shall be alerted to the fact that the record is that of a missing child. The school or school district shall immediately report to the Department of Public Safety a request regarding flagged records, including any knowledge as to the whereabouts of the child. Upon notification by the Department of Public Safety that the person who was listed as a missing child has been found, the school or school district shall remove the flag from the person's record. Sec. 14.30.710. Required records upon transfer. Within 14 days after enrolling a child as a transfer student from this or another state in an elementary or secondary school, the school or school district shall request directly from the child's previous school a certified copy of the child's record. An elementary or secondary school or a school district in this state requested to forward a copy of a transferring child's record to another school shall comply with the request within 10 days after receiving the request unless the record has been flagged under AS 14.30.700 . Upon receipt of a request for a record that has been flagged, the school or school district shall immediately notify the Department of Public Safety. Unless directed to do so by the Department of Public Safety, a school or a school district may not forward a copy of a flagged record. In this section, “record” includes information about the child's commission of an offense that is punishable as a felony or that involved the use of a deadly weapon, as that term is defined in AS 11.81.900 (b). Sec. 14.30.720. Definitions. In AS 14.30.700 — 14.30.720, (1) “child” means a person under 18 years of age; (2) “school district” means a municipal school district or a regional educational attendance area. Article 14. Alaska Military Youth Academy. Sec. 14.30.740. Funding for Alaska Challenge Youth Academy program. [Repealed, § 3 ch 72 SLA 2013.] Sec. 14.30.745. Provision of student information to academy. (a) Except as provided in (b) of this section, on or before January 15 and July 15 of each year, a school district shall provide to the director of the Alaska Military Youth Academy, operated by the Department of Military and Veterans' Affairs for the purpose of educating and training youth, a biannual report containing the name, last known address, and dates of attendance of a student who (1) is at least 15 years of age but less than 19 years of age; (2) was enrolled but is no longer enrolled in a school in the district; (3) has not provided school transfer or graduation information to a school in the district; and (4) has not received a high school diploma or general educational development certificate. (b) At the beginning of each school year, a school district shall provide a written notice to the parent or guardian of the student, or, if the student is at least 18 years of age, to the student, of the disclosure of the information under (a) of this section and provide an opportunity for objection to the disclosure. (c) The official to whom the information in (a) of this section is provided shall certify in writing to the school district providing the information that the information will not be disclosed to any other party except as necessary to recruit and retain students. (d) In this section, “district” has the meaning given in AS 14.17.990 . Sec. 14.30.750. Alaska school counseling program grant fund. [Repealed, § 12 ch 42 SLA 1997.] Article 15. Reading Intervention. Sec. 14.30.760. Statewide screening and support. (a) To implement the district reading intervention services established under AS 14.30.765 , the department shall (1) adopt a statewide screening tool to administer to students in grades kindergarten through three to identify students with reading deficiencies, including students with characteristics of dyslexia; the screening tool must evaluate (A) phonemic awareness, letter naming fluency, letter sound fluency, and letter word sound fluency of students in kindergarten; (B) letter word sound fluency and oral reading fluency of students in grade one; (C) vocabulary and oral reading fluency of students in grades two and three; (2) support teachers of grades kindergarten through three by (A) administering the statewide screening tool three times each school year, once in the fall, once in the winter, and once in the spring, to all students in grades kindergarten through three, with the exception of students who demonstrate sufficient reading skills on the first screening of the school year; (B) providing methods to monitor student progress; (C) providing targeted instruction based on student needs as determined by the results of the screening tool; and (D) providing additional assistance as determined by the department; (3) provide training to school district staff related to using the results of the statewide screening tool and understanding evidence-based reading interventions, including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension; (4) require that districts identify the early education programs attended by students and report to the department the average score on each performance screening tool by students in grades kindergarten through three who (A) attended a state-approved early education program; (B) attended a head start program; (C) attended a private early education program; (D) did not attend an early education program; (5) establish a process that allows the commissioner to waive, upon request, use of the statewide screening tool required under this subsection by a school district if the school district has adopted an evidence-based reading screening tool and the screening tool is approved by the department; (6) review, approve, and assist districts developing alternative standardized reading screening tools in any language for use by school districts. (b) In adopting a statewide screening tool under (a)(1) of this section, the department shall consider the following factors: (1) the amount of time needed to administer the screening with the intention of minimizing effects on instructional time; (2) the time frame for reporting screening results to teachers, administrators, and parents or guardians; (3) the integration of the screening with student instruction and department support; (4) recommendations from a task force, working group, or committee created by law and charged with studying issues related to reading proficiency and reading deficiencies; and (5) whether the screening tool is culturally responsive. Sec. 14.30.765. Reading intervention services and strategies; progression. (a) Each school district shall offer intensive reading intervention services to students in grades kindergarten through three who exhibit a reading deficiency to assist students in achieving reading proficiency at or above grade level by the end of grade three. The district shall provide the intensive reading intervention services in addition to the core reading instruction that is provided to all students in the general education classroom. The intensive reading intervention services must, to the extent practicable, (1) be provided by a district reading teacher, or paraprofessional under the supervision of a reading teacher, to all students in grades kindergarten through three who are determined to have a reading deficiency based on the statewide screening tool adopted under AS 14.30.760 (a)(1); (2) provide explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension, as necessary; (3) use evidence-based reading intervention methods that have shown proven results in accelerating student reading achievement within a single school year; (4) include instruction with detailed explanations, extensive opportunities for guided practice, and opportunities for error correction and feedback; (5) incorporate daily targeted small group reading instruction based on student needs, either in person or online; (6) monitor the reading progress of each student's reading skills throughout the school year and adjust instruction according to student needs; (7) be implemented during regular school hours through any available method, including in person or through online delivery by teachers or specialty reading coaches; (8) be implemented outside of regular school hours, as directed in the student's individual reading improvement plan under (b) of this section, for a student who scores at the lowest achievement level on the statewide screening tool; (9) be reviewed based on a department-approved response to intervention or multi-tiered system support models, addressing additional support and services needed to remedy identified needs; and (10) support reading intervention at home by parents or guardians by offering a list of adult literacy resources and organizations, providing opportunities for parent or guardian participation in training workshops, and encouraging regular parent or guardian-guided home reading activities. (b) In addition to the reading intervention services provided under (a) of this section, a school district shall provide an individual reading improvement plan for each student in grades kindergarten through three who is determined to have a reading deficiency based on the statewide screening tool. An individual reading improvement plan developed under this section must (1) be implemented not later than 30 days after identification of the reading deficiency; (2) be created by the student's reading teacher in consultation with the school principal, the student's parent or guardian, and other pertinent district staff; (3) describe the evidence-based reading intervention services the student will receive to achieve and demonstrate sufficient reading skills; (4) provide reading intervention services outside of regular school hours for a student who scores at the lowest achievement level on the statewide screening tool consistent with (a)(8) of this section; (5) include a process for monitoring progress and adjusting the plan based on student needs; (6) provide to the student's parent or guardian at least 10 reading progress updates each school year; (7) be culturally responsive; and (8) support the student reading at home with a parent or guardian by offering a list of adult literacy resources and organizations, providing opportunities for parent or guardian participation in training workshops, and encouraging regular parent or guardian-guided home reading activities. (c) If at any time during the school year a student in grades kindergarten through three demonstrates a reading deficiency, the district or school shall notify the student's parent or guardian. The initial notification must (1) be provided to the student's parent or guardian not later than 15 days after identification of the reading deficiency; (2) state that the district identified the student as having a reading deficiency and that a reading improvement plan will be developed under (b) of this section; (3) describe current services that the district is providing to the student; (4) describe the proposed evidence-based reading intervention and supplemental instructional services and supports that the district will provide to the student to improve the identified area of reading deficiency; (5) explain that the district or school will inform the parent or guardian orally or in writing, as selected by the parent or guardian, of the student's progress toward grade level reading as outlined in the student's individual reading improvement plan; (6) identify strategies for the parent or guardian to use at home to help the student succeed in reading; (7) explain that if the student has a reading deficiency at the end of the school year and is in grades kindergarten through two, the student's progression may be delayed unless the student has previously not progressed to the next grade; (8) explain that a student in grade three should demonstrate sufficient reading skills to progress to grade four under (e) of this section, unless the student receives a waiver under (f) of this section or has previously not progressed to the next grade; (9) explain the process and deadline to request a waiver under (f) of this section; and (10) identify mid-year progression as an option for students who do not progress to the next grade. (d) If it is determined, based on a statewide screening administered in the spring, that a student in grades kindergarten through two has a reading deficiency, the student's teacher and other pertinent district staff shall notify and attempt to meet with the student's parent or guardian to explain that the student will not be able to maintain adequate academic progress at the next grade level. School staff shall work with the parent or guardian to schedule a date, time, and place for the meeting, to be held not later than 45 days before the end of the school year. Following that meeting, the parent or guardian shall determine whether the student will progress to the next grade. If no parent or guardian attends the meeting or if the parent or guardian does not determine whether the student will progress to the next grade, the superintendent or the superintendent's designee shall, after considering the student's best interest and whether the student has previously not progressed to the next grade, determine whether the student will progress to the next grade. (e) A student in grade three should demonstrate sufficient reading skills to progress to grade four. A student demonstrates sufficient reading skills to progress to grade four by (1) scoring at grade level or higher on the statewide screening tool or on the statewide summative assessment; (2) achieving an acceptable score on an alternative standardized reading screening as determined and approved by the department; or (3) demonstrating mastery of reading standards through a student reading portfolio based on criteria established by the department. (f) If it is determined, based on a statewide screening administered in the spring, that a student in grade three has a reading deficiency, and the student does not demonstrate sufficient reading skills to progress to grade four under (e) of this section, the student's teacher and other pertinent district staff shall notify and attempt to meet with the student's parent or guardian to explain that the student is not prepared to progress to grade four. School staff shall work with the parent or guardian to schedule a date, time, and place for the meeting, to be held not later than 45 days before the end of the school year. Following that meeting, the parent or guardian may decide that the student will not progress to grade four or decide to progress the student to grade four by signing a waiver developed by the department acknowledging that the student is not prepared and agreeing that the student will participate in an additional 20 hours of individual reading improvement plan intervention services during the summer before the student enters grade four. If no parent or guardian attends the meeting or if the parent or guardian does not determine whether the student will progress to the next grade, the superintendent or the superintendent's designee shall, after considering the student's best interests and whether the student has previously not progressed to the next grade, determine whether the student will progress to grade four. (g) A superintendent or superintendent's designee may exempt a student from delayed progression when progression is in the student's best interests. When determining if progression is in a student's best interests, the superintendent or superintendent's designee shall consider whether (1) the student has received intensive reading intervention services for two or more years and still demonstrates a reading deficiency; (2) the student's primary language is a language other than English; and (3) the student has a disability and has an individualized education plan under AS 14.30.278 or a plan under 29 U.S.C. 794. (h) If no parent or guardian attends the meeting, and a superintendent or superintendent's designee decides that a student in grades kindergarten through three will not progress to the next grade under (d) or (f) of this section, the district or school in which the student is enrolled shall provide immediate oral and written notification to the student's parent or guardian. The written notification must explain that the parent or guardian may reschedule the meeting provided under (d) or (f) of this section and that during a meeting (1) for a student in grades kindergarten through two, the parent or guardian may decide to progress the student; and (2) for a student in grade three, the parent or guardian may decide to progress the student to grade four by signing a waiver under (f) of this section. (i) For a student who does not progress to the next grade under (d) or (f) of this section, or who progresses to the next grade with a waiver under (f) of this section, the district in which the student is enrolled shall (1) review the student's individual reading improvement plan; (2) provide intensive reading intervention services to improve the area of reading deficiency using effective instructional strategies to accelerate student progress; (3) provide additional services and support to improve the student's identified area of reading deficiency, including (A) a transitional instructional setting that is designed to produce learning gains; (B) supplemental tutoring offered by a person with specialized reading training; (C) an increase in time dedicated to the reading instruction methods described in (a)(3) — (5) of this section, including more extensive opportunities for guided practice and error correction and feedback; (4) develop a plan for reading at home outlined in an agreement with the student's parent or guardian, including parent or guardian participation in training workshops and regular parent or guardian-guided home reading activities. (j) For a student who does not progress to grade one, grade two, or grade three under (d) of this section, the district in which the student is enrolled shall, upon request by the student's parent or guardian, develop a plan for the student's mid-year progression. (k) A school district shall adopt a policy providing for mid-year progression of a student who does not progress to grade four under (f) of this section if the student (1) demonstrates sufficient reading skills to progress to grade four on the fall or winter statewide screening; and (2) meets additional requirements determined by the district, including satisfactory achievement in other subject areas. (l) A district shall, for the remainder of the academic year, and, if necessary, for additional school years, continue to implement an individual reading improvement plan for a student promoted mid-year under (j) or (k) of this section. (m) Unless a parent or guardian decides that a student will not progress to the next grade under (d) or (f) of this section, a district or school may not delay the student's progression under this section if the student previously did not progress to the next grade. (n) In this section, “reading teacher” means a teacher who (1) holds a valid teacher certificate under AS 14.20 ; (2) has demonstrated effectiveness in instructing students to read at or above grade level as measured by student reading performance data and in teacher performance evaluations; and (3) meets the requirements established by the state Board of Education and Early Development in regulation. Sec. 14.30.770. Department reading program. (a) The department shall establish a reading program to provide direct support for and intervention in intensive reading intervention services annually in the lowest-performing 25 percent of schools serving students in grades kindergarten through three as determined under AS 14.03.123 . The department shall determine how many schools may be adequately served by the department's reading specialists and select schools from the lowest-performing 25 percent of schools to participate in the reading program. A school participating in the reading program that remains in the lowest-performing 25 percent of schools as determined under AS 14.03.123 may apply to participate in the reading program again in the following school year. State funding provided to participating schools for implementation of the reading program is in addition to the amount of funding provided under AS 14.17 . In conducting the program, the department shall (1) use the accountability system established in AS 14.03.123 to identify low performing schools; (2) establish an application process for school districts to apply to participate in the program; (3) select low performing schools from the schools that apply to participate in the program; (4) employ and assign reading specialists to direct the implementation of the intensive reading intervention services established under AS 14.30.765 by (A) modeling effective instructional strategies for teachers by working regularly with students as a class, in small groups, or individually; (B) coaching and mentoring teachers and staff in reading instruction with an emphasis on prioritizing time in a manner that has the greatest positive effects on student achievement; (C) training teachers in data analysis and using data to differentiate instruction; (D) leading and supporting reading leadership teams; and (E) reporting on school and student performance to the department; (5) establish a reporting process for each reading specialist to submit updates to the department on implementation of the program; (6) work with reading specialists to create specific improvement goals for each school selected, including measures of interim progress; (7) select and purchase additional reading material for each school selected to supplement the intensive reading intervention services; (8) pay travel and associated costs for a reading specialist to attend relevant training sessions identified by or hosted by the department; (9) periodically review staff development programs for their effectiveness in developing reading skills and, after consultation with school districts and experts, recommend to the board for approval staff development programs that (A) have been proven to assess and accelerate student progress toward reaching reading competency; (B) provide explicit and systematic skill development in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension; (C) are evidence-based and reliable; (D) provide initial and ongoing analysis of student progress toward reaching reading competency; and (E) include texts on core academic content to assist students in maintaining or meeting grade-appropriate proficiency in academic subjects in addition to reading. (b) A school selected to participate in the reading program established under this section shall (1) ensure that a reading specialist assigned to the school is not required to perform functions that divert from the duties the department has assigned to the reading specialist; (2) coordinate with the reading specialist or specialists to redesign the school's daily schedule to dedicate time to reading program activities, including intensive reading intervention services identified in a written agreement between the school and the department; (3) present on the reading program established under this section and the intensive reading intervention services established under AS 14.30.765 at a public meeting; the presentation must include (A) the data the department used to identify the school as eligible for the reading program; (B) a detailed overview of the reading program and intensive reading intervention services; (C) a timeline for implementing the intensive reading intervention services and meeting reading improvement goals; and (D) the implications of the program for students, families, and educators; (4) provide notice of the public meeting required under (3) of this subsection to the parent or guardian of each student at least seven days before the date of the meeting; (5) present an annual update on the school's implementation of the reading program and intensive reading intervention services at a public meeting with notice provided to the parent or guardian of each student at least seven days before the date of the meeting; (6) create partnerships between the school, the families of students, and the community that focus on promoting reading and increasing the amount of time that students spend reading. (c) The department shall publish on the department's Internet website and make available to the public (1) a completed application from each school selected to participate in the reading program; and (2) the reading program and intensive reading intervention services implemented by each school selected to participate. (d) The department may employ a person as a reading specialist under this section if the person (1) holds a valid teacher certificate issued under AS 14.20 ; (2) has completed an approved graduate program at an approved institution of higher education and (A) has completed a supervised practicum or internship as a reading specialist; or (B) has at least three years of full-time, demonstrated classroom teaching experience where reading instruction was a primary responsibility; (3) is knowledgeable about and demonstrates competency in reading instruction, including (A) an understanding of phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension; (B) knowledge of and experience in implementing effective reading instruction strategies and intervention methods; (C) experience in designing and implementing a school-wide response to an intervention program or multi-tiered system support model; (D) an understanding of and experience in reading screenings and data analyses that inform instruction; (E) knowledge of dyslexia and other learning disorders that affect reading achievement; (F) knowledge of and an ability to effectively articulate the methods, issues, and resources involved in support of student instruction to a wide variety of audiences, including staff, parents, and students whose primary language is other than English; and (4) meets other reading instruction coursework requirements established by the department in regulation, including coursework in Indigenous language learning and culturally responsive education established in regulation by the department in collaboration with indigenous language stakeholders. Sec. 14.30.775. Regulation. The department shall, by regulation, define “dyslexia” for the purposes of AS 14.30.760 — 14.30.780. The department shall consider the meaning of “dyslexia” given by the International Dyslexia Association when adopting the definition by regulation. Sec. 14.30.780. Definitions. In AS 14.30.760 — 14.30.780, (1) “district” has the meaning given in AS 14.17.990 ; (2) “evidence-based reading intervention” means an intervention based on reliable, trustworthy, and valid evidence that has a demonstrated record of success in adequately increasing a student's reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, oral language skills, and reading comprehension. Article 16. Virtual Education. Sec. 14.30.800. Virtual education consortium. (a) The department shall, in cooperation with school districts, establish a virtual education consortium for the purpose of making virtual education and professional development resources available to students and teachers in the state. The department shall establish standards for consortium resources. The consortium shall create and maintain a database of virtual education courses for students, training in virtual instruction for teachers, and professional development courses for teachers of students throughout the state if the coursework curriculum meets the state standards established by the department. The database must be accessible to all school districts that participate in the consortium. (b) For teachers delivering or facilitating virtual coursework to students through the consortium database, the consortium shall provide training and professional development on virtual instruction methods and the differences between virtual instruction and instruction offered in a classroom. A teacher may not provide instruction through a course for students that is in the database unless (1) the teacher has completed the training or professional development provided by the consortium; or (2) the consortium determines that the teacher's previous experience has prepared the teacher to provide virtual instruction and the teacher demonstrates the skills necessary to provide virtual instruction. (c) The consortium shall employ a reading specialist available to school districts to provide virtual intensive reading intervention services. The duties of the reading specialist include (1) modeling effective instructional strategies for teachers by working regularly with students as a class, in small groups, or individually; (2) coaching and mentoring teachers and staff in reading instruction with an emphasis on prioritizing time in a manner that has the greatest positive effects on student achievement; (3) training teachers in data analysis and using data to differentiate instruction;

(4) leading and supporting reading leadership teams; and (5) reporting on school and student performance to the department. (d) The department may require a school district that participates in the consortium to pay a fee to the consortium. If the department requires a fee, the department shall establish the fee in regulations, based on a recommendation made by the consortium, and may adjust the fee annually as necessary. The fees must approximately equal the consortium's prorated administrative costs related to reviewing and approving courses and maintaining the database. (e) A school district that provides a course included in the database may charge a fee to the school district in which a student who takes the course is enrolled. The department shall establish the fee in regulations. (f) The consortium may require, as a condition of participation, that school districts that provide courses or have students participating in courses included in the database under (a) of this section adopt the same school term and class schedule for all or part of a school day. The school term must meet the requirements of AS 14.03.030 . (g) In this section, “virtual education” or “virtual instruction” means instruction delivered through telecommunications or another digital or electronic method.