4 AAC 05.090. Discontinuation or closure of schools

(a) After a school has been started in a community, either by renovating an existing facility or constructing a new facility, that school may be temporarily or permanently discontinued or closed only

(1) through action of the governing body of the district or regional school board;

(2) after the district or regional school board provides at least 10 days written notice to each of the affected students' parents or guardian; and

(3) after submission of a plan under (d) of this section, that is approved by the department using the standards set out in this section, except in an emergency or case-by-case situation under (e) of this section.

(b) A plan for permanent discontinuation or closure of a school must be submitted to the department for approval and may not be executed until it is approved by the department. A plan will be considered approved if the department does not disapprove the plan within 90 days after submission.

(c) A plan for temporary discontinuation or closure of a school during the school year must be reviewed and approved at a public meeting of the governing body of the district or regional school board and submitted to the department for approval at least ten days before temporary discontinuation or closure of the school except as provided under (e) of this section.

(d) A plan for temporary or permanent discontinuation or closure of a school must include

(1) the provision of educational services to all eligible students, including students with a disability consistent with AS 14, this title, and other laws applicable for the operation of public schools in the state;

(2) the provision of pupil transportation services, if needed;

(3) a schedule for providing compensatory services under 4 AAC 52, if required;

(4) the reimbursement to the department of public money already paid by the department for the period of discontinuance or closure unless the school year is extended to make up for the period of discontinuance or closure; and

(5) the steps for reopening of the school if temporarily discontinued or closed including a school disciplinary and safety program under AS 14.33.120 .

(e) Notwithstanding the provisions of (c) of this section, a superintendent of the district or regional education attendance area may order one or more emergency closure days of a school under AS 14.03.030 (2) for a period of less than five school days, or longer on an emergency, or case-by-case basis, if approved by the commissioner. The superintendent shall notify the department in writing within 24 hours of identifying such an emergency or case-by-case situation and take immediate steps to modify the school term and to reopen the school.

(f) If a school is temporarily discontinued or closed for disciplinary or safety reasons, the facility must remain closed for all purposes until the school is reopened.

History: Eff. 9/3/76, Register 59; am 5/18/2000, Register 154; am 10/6/2002, Register 164

Authority: AS 14.03.030

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