4 AAC 05.050. Requests that no local secondary school or only a partial school program be established

(a) The provisions of 4 AAC 05.040 apply to a community unless its local school committee has requested, by formal action of the committee at a public meeting, that no secondary school be provided in that community.

(b) If the local school committee of a community in a district requests, by formal action of the committee at a public meeting, that only a partial secondary school program be provided in that community, the governing body of the district shall provide a partial local secondary school program in conformity with the committee's request and in accordance with 4 AAC 05.040.

(c) The governing body of a district shall require a committee that makes a request under (a) or (b) of this section to file with the request the name, age, and grade level of each child who is available to attend secondary school and who, by reason of the request, will not be afforded a local secondary school. The governing body shall by written notice promptly inform the parents of each child that the governing body will review the committee's request if a parent requests review within 60 days after the governing body mails the notice to the parent. If a review is requested, the governing body shall afford the parent an opportunity to be heard. The governing body shall determine whether it will provide a local secondary school for a child on whose behalf a review is sought, and shall consider the educational or other best interests of the child, the desires of the child's parents, and the feasibility of providing a local school for the child. The governing body's decision must be in writing, must set out the facts upon which it is based, and must be mailed to the parent within 45 days after the parent mailed to the governing body the request for a review. A copy of the decision must be sent to the commissioner, and the local school committee. The governing body's decision is final.

(d) A committee's request under (a) or (b) of this section remains effective until the committee takes formal action to rescind it at a meeting open to the public. However, a committee's request remains effective until the close of one full school year after the request was made even though rescinded earlier; thereafter, a rescission made during a school year but before February 1 of that school year shall be given effect for the following school year and thereafter. A committee's request under (a) or (b) of this section or a subsequent notice of rescission of the request must be submitted by the committee, in writing, to the governing body of the school district in which the community is located and must explain the reason for the request or rescission. The committee shall send a copy of the request or notice to the commissioner.

(e) For a request or subsequent rescission of a request made under this section to have effect, the local school committee must have conducted a public hearing on the proposed request or rescission of the request after giving residents of the community reasonable notice of the hearing. A record must be kept of the persons speaking at the hearing and the substance of their testimony.

(f) For the purposes of this section, "parent" has the meaning set out at 4 AAC 52.990.

History: Eff. 9/3/76, Register 59; am 6/11/95, Register 134

Authority: AS 14.07.020

AS 14.07.060

Editor's note: An error in 4 AAC 05.050(a) , as originally published in Register 59, has been corrected as of Register 60. The last clause in subsection (a) in Register 59 incorrectly read "only a partial secondary school program be provided in that community."

The mailing address for the commissioner of education and early development is the Department of Education and Early Development, 801 West Tenth Street, Suite 200, Juneau, Alaska 99801-1894.

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.

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