4 AAC 06.780. Procedures for appeal from a denial of a waiver from the high school graduation qualifying exam

(a) A student or student's parent may appeal to the department the denial of a request to the department for a waiver from passing the HSGQE. The appeal must be filed on a form provided by the governing body and prescribed by the department. The appeal form must be postmarked no later than 30 days after receipt of the notice of the denial.

(b) The person requesting the appeal must state the grounds for the appeal, including a brief summary of the nature of the original waiver request and a brief statement explaining how the governing body erred in its decision to deny the waiver.

(c) The appeal will be determined on the record and decided by a panel consisting of three members appointed by the commissioner. The commissioner may appoint to the panel a member of the board or an employee of the department. Depending on the number of appeals, the commissioner may designate more than one panel. A panel may deliberate in person, through correspondence, by telephone, audio, or video teleconference, or other electronic means.

(d) Within 20 days after the filing of an appeal, the governing body shall forward to the department the entire record relating to the student's waiver request. The record must include

(1) the student's application for a waiver from passing the HSGQE and any supporting documents supplied with the application;

(2) a copy of the governing body's graduation requirements; and

(3) a copy of the student's most current official transcript.

(e) The panel shall, in a timely manner, consider the appeal, including the record, and the appeal request and material that the person requesting the appeal submitted under (b) of this section.

(f) The panel shall submit a recommended decision to the commissioner after the panel has deliberated on the record presented. The recommended decision must be limited to whether the record supports the decision of the governing body and whether the governing body properly followed 4 AAC 06.772 - 4 AAC 06.774 and 4 AAC 06.777. In the recommended decision, the panel may only overturn the denial issued by the governing body if the record fails to support the denial by substantial evidence, or the governing body erred in applying the requirements of 4 AAC 06.772 - 4 AAC 06.774 and 4 AAC 06.777. Failure of the governing body to comply with the requirements of this section is not by itself grounds for the panel, in a recommended decision, to overturn a denial issued by a governing body.

(g) The commissioner shall adopt all, part, or none of the panel's recommended decision, or remand the matter back to the panel, a different panel of the commissioner's designation, or the governing body with written instructions for further deliberations. The commissioner shall notify the student and the governing body by certified mail of the commissioner's decision on the appeal, or in the case of a remand, of the time schedule authorized for further deliberation and submission of a recommended decision if applicable.

(h) The commissioner's decision under (g) of this section is a final administrative decision of the department for purposes of appeal to the superior court under the Alaska Rules of Appellate Procedure.

History: Eff. 1/21/2004, Register 169

Authority: AS 14.03.075

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