4 AAC 06.805. Adequate yearly progress

(a) Each year, each public school, each school district, and the state public school system shall demonstrate adequate yearly progress.

(b) To demonstrate adequate yearly progress, a public school, a school district, and the state public school system must meet or exceed the requirements set out in

(1) 4 AAC 06.810 for

(A) student academic performance of all students collectively; and

(B) student academic performance or improvement in student academic performance of each subgroup of students;

(2) 4 AAC 06.820 for participation in state assessments of all students collectively and each subgroup of students; and

(3) 4 AAC 06.825 for other academic indicators for all students collectively.

(c) The department will determine adequate yearly progress by using data for student academic performance, improvement of academic performance, and participation in state assessments of all students collectively and each subgroup of students enrolled in grades 3-10. Adequate yearly progress will be determined for

(1) a school that includes one or more of grades 3-10, by using data for all students collectively and the subgroups of the students enrolled in the school;

(2) a school that does not include one or more of grades 3-10 by using data for the school that does include one or more of grades 3-10 and that receives the students from the school;

(3) a district, by using data for all students collectively and the subgroups of students enrolled in schools in the district; and

(4) the state public school system, by using data for all students collectively and the subgroups of students enrolled in schools in the state.

(d) Except as provided in (j) and (k) of this section, a student's state assessment results and other academic indicators will be included in the determination of adequate yearly progress if the student is enrolled for a full academic year. A student's participation in the state assessments will be included in the determination of adequate yearly progress if the student is enrolled on the first day of the administration of the state assessments. A student is considered enrolled for a full academic year if, from October 1 to the first day of the administration of the state assessment for the student's grade level, the student is continuously enrolled, for

(1) a school, in the same school;

(2) a district, in schools within the same district, even if in different schools within the district; and

(3) the state public school system, in schools within the state, even if in different districts.

(e) The academic performance, participation, and other academic indicators of a student who is enrolled at more than one school at a time will be included in the adequate yearly progress determination of the school at which the student is counted under 4 AAC 09.040 as more than 0.5 full-time equivalent. If the student cannot be counted under 4 AAC 09.040 as more than 0.5 full-time equivalent at any of those schools, the student's state assessment results and participation will be included in the school at which the student receives instruction in language arts.

(f) Except as provided in (j) and (k) of this section, all students enrolled for a full academic year who are counted under 4 AAC 09.040 as more than 0.25 full-time equivalent under 4 AAC 09.040 must be included in the state assessments and determination of adequate yearly progress.

(g) A district shall report to the state the enrollment of all students as of the first day of the administration of the state assessments. The report must be on a form required by the department, and must include the student's student identification number, school, grade, and subgroup membership. The report shall be filed no later than 21 days following the first day of administration of the tests. If, after reviewing the report, the department determines that a school or district has underreported the number of economically disadvantaged students in a school or district, the department shall use data from other sources, including confidential public assistance data, to estimate the actual number of students in that subgroup.

(h) In this section, "public school" has the meaning given in AS 14.60.010 . "Public school" includes

(1) an alternative school within the meaning given in 4 AAC 09.990;

(2) a charter school established under AS 14.03.250 - 14.03.290;

(3) a district correspondence program financed under AS 14.17.430 ;

(4) the state boarding school established under AS 14.16;

(5) a school for the blind, school for the deaf, or other special mission school; and

(6) a school located in a youth correctional facility.

(i) Notwithstanding (a) of this section, a citizenship night school for adults is not required to demonstrate adequate yearly progress.

(j) Notwithstanding any provision in this chapter, if a district enrolls a student who qualifies as an LEP pupil under 4 AAC 34.090(2) , and who is new to the United States, during the school year in which the student first enrolls in a school in the United States the district may

(1) excuse the student from participation in the state assessments in reading or writing; and

(2) elect not to include the student's performance in any state assessment in the determination of adequate yearly progress under 4 AAC 06.810.

(k) Notwithstanding any provision in this chapter, a district may, on a case-by-case basis, exempt an individual student from an assessment if an unexpected severe medical condition prevents the student from participating in the administration of the assessment. The student will not be included in the determination of adequate yearly progress under 4 AAC 06.810 or participation rate under 4 AAC 06.820. The district shall retain documentation regarding the exemption, including medical records of the condition, with the student's permanent record and provide it to the department upon request.

History: Eff. 11/23/2003, Register 168; am 9/11/2004, Register 171; am 10/24/2004, Register 172; am 7/9/2005, Register 175; am 8/21/2005, Register 175

Authority: AS 14.03.123

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