4 AAC 06.774. Rare or unusual circumstances

(a) For purposes of a waiver from passing the HSGQE, and except as provided in (b) - (d) of this section a student has a rare or unusual circumstance meriting a waiver if

(1) a recourse or remedy other than a waiver does not exist to address the circumstance before the student's expected graduation date; and

(2) the circumstance was beyond the control of the student, the student's parents, and the school; for purposes of this paragraph, a circumstance beyond the control of the student, the student's parents, and the school is limited to

(A) the death of the student's parent if the death occurs within the last semester of the student's year of intended graduation;

(B) a medical condition that is a serious and sudden illness or physical injury that occurs in the last semester of the student's year of intended graduation and that prevents the student from taking the HSGQE; the request for a waiver must include an affidavit or certification from the student's treating licensed medical professional that the diagnosed medical condition prevented the student from taking the HSGQE and was beyond the control of the student and the student's parents; the following conditions are not rare or unusual circumstances under this section:

(i) pregnancy or childbirth, unless the affidavit or certification verifies that an emergency occurred that meets the requirements of this subparagraph;

(ii) treatable depression, stress, or stress-related conditions, unless the affidavit or certification verifies that an emergency occurred that meets the requirements of this subparagraph:

(iii) a condition caused by illegal alcohol or substance use:

(C) a disability arising in the student's secondary school enrollment and the disability arising too late to develop a meaningful and valid alternative assessment program under 4 AAC 06.775(b) ; a waiver under this subparagraph must be consistent with the recommendations of the student's IEP or section 504 team; a request for a waiver under this subparagraph may not be granted unless the student's principal and the district's superintendent concur with the waiver request;

(D) a significant and uncorrectable system error; a waiver may not be granted under this subparagraph unless the student's

(i) completed examination materials from the last administration of the student's year of intended graduation are lost in transit between the school district and the department after the test has been administered; a request for a waiver under this sub-subparagraph must be supported by documentation from the district that verifies that the district mailed the examination materials to the department, and by documentation from the United States Postal Service, or from the carrier used to transport the examination materials, verifying that the examination materials are lost; or

(ii) school or district failed to administer the exam at one of the scheduled administration dates while the student was in the 12th grade; or

(E) the student was in the ninth grade, or higher and was enrolled in the state public school system during the 2002-03 school year, and the student

(i) is a student with a disability who has an IEP;

(ii) or the student's IEP team relied on advice from the department regarding whether an alternate assessment would lead to a diploma if completed successfully; and

(iii) participated in an alternate assessment prescribed by the student's IEP team.

(b) For school year 2004-2005, a governing body shall grant a waiver of the HSGQE to a student with a disability who is on an IEP or section 504 plan and who has met all state and local requirements for graduation if

(1) the student's IEP or section 504 team does not meet on or before September 24, 2004; and

(2) because of the failure to meet, the student does not

(A) have two opportunities to take the modified HSGQE with a modification or accommodation allowable under 4 AAC 06.775 that the student's IEP or section 504 team determines the student needs to demonstrate proficiency on the modified HSGQE; or

(B) receive the nonstandardized HSGQE for which the student is eligible under 4 AAC 06.775.

(c) A parent may file a request for a waiver under (b) of this section and 4 AAC 06.772. In addition to meeting the requirements of 4 AAC 06.772, a request for a waiver under this section because of a failure to provide a necessary modification or accommodation for the modified HSGQE must include documentation that supports the request and states with particularity

(1) each date that the IEP or section 504 team met in school year 2004-2005;

(2) the modifications or accommodations that the IEP or section 504 team determined were necessary for the student to demonstrate proficiency on the HSGQE; and

(3) the modifications or accommodations that were provided to the student in school year 2004-2005 when taking the modified HSGQE.

(d) A governing body shall grant a waiver of the HSGQE to a student with a disability who is on an IEP or section 504 plan and who has met all state and local requirements for high school graduation if

(1) the student received permission as a sophomore, or in the first year the student was enrolled in public school in the state, to take one or more subtests of the modified HSGQE or nonstandardized HSGQE in place of one or more subtests of the HSGQE under 4 AAC 06.775( l ) because the student has a disability that prevents the student from participating in the subtest or subtests of the HSGQE;

(2) in the student's sophomore year, or in the first year that the student is enrolled in public school in the state, the student participated in the spring administration of the subtest or subtests of the modified HSGQE or the nonstandardized HSGQE for which the request under 4 AAC 06.775( l ) was granted, and in the HSGQE for all other subtests, and, if the student did not initially pass all subtests, in subsequent years participated in at least one administration of the HSGQE, modified HSGQE, or nonstandardized HSGQE for which the student was eligible; and

(3) the student passed all subtests on the HSGQE, whether on the HSGQE, modified HSGQE, or nonstandardized HSGQE.

History: Eff. 1/21/2004, Register 169; am 9/17/2004, Register 171; am 9/23/2004, Register 171

Authority: AS 14.03.075

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