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(a) On or before July 15 of each year, the department will determine the safety status of the schools in the state. The department will designate a school as safe, at-risk, or persistently dangerous.
(b) For each school in the state, the department will apply the following formula, to obtain a percentage figure representing that school's safety status:
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(c) The school size factor to be used in the formula in (b) of this section is as follows:
(1) for a school size of 10 - 100 students, the school size factor is 0.7;
(2) for a school size of 101 - 425 students, the school size factor is 0.8;
(3) for a school size of 426 - 1,000 students, the school size factor is 0.9;
(4) for a school size of 1,001 students or more, the school size factor is 1.0.
(d) In applying the formula in (b) of this section, and in determining the school size factor in (c) of this section, the
(1) number of students at a school is the number of 1.0 full-time equivalent students determined in the student count under AS 14.17.600 and 4 AAC 09; and
(2) department will consider the expulsion of a student as if the action were a suspension.
(e) The department will make a designation as follows for a school that has never met the criteria for being designated a persistently dangerous school under (f) of this section, or that has been designated a safe school for five consecutive years:
(1) if during the past two years the school has had a safety status of less than three percent in each year, the school will be designated a safe school;
(2) if during the past two years the school has had one year with a safety status of three percent or greater, the school will be designated an at-risk school.
(f) The department will make a designation as follows for a school whose designation is not made under (e) of this section:
(1) if during the past three years the school has had a safety status of less than three percent in each year, the school will be designated a safe school;
(2) if during the past three years the school has had no more than one year with a safety status of three percent or greater, the school will be designated an at-risk school;
(3) if during the past three years the school has had two or more years with a safety status of three percent or greater, the school will be designated a persistently dangerous school.
(g) Notwithstanding the designation of a school under (f) of this section, the department will continue to designate a school as persistently dangerous if the
(1) school has not substantially complied with the plan submitted under 4 AAC 06.210; or
(2) department has substantial evidence that the school is not a safe environment.
(h) The department will calculate a school's safety status beginning from school year 2000-2001.
(i) The department may recalculate a school's safety status using estimated data if, after reviewing the data reported by a district, and the district's policies regarding discipline for infractions involving violence, the department determines that a district or a school within a district has
(1) failed to fully report or incorrectly reported its data on suspensions for infractions involving violence against a person;
(2) a disciplinary policy for infractions involving violence against a person that is in violation of state law or that is significantly more lenient than the policies of the majority of districts in the state; or
(3) failed to adhere to its policy for discipline of infractions involving violence against a person.
(j) The department will include in the formula in (b) of this section the duration of a suspension or expulsion for the school year in which the infraction occurred, regardless of whether the full time for the suspension or expulsion is served in that school year.
(k) Within 30 days after the department designates a school as at-risk or persistently dangerous, the district in which the school is located may request that the commissioner review the designation of the school. The commissioner or the commissioner's designee will review the designation and allow a district to present written evidence regarding the designation. A decision by the commissioner or the commissioner's designee on the safety status of a school is a final decision.
History: Eff. 11/23/2003, Register 168
Authority: AS 14.07.020
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Last modified 7/05/2006