4 AAC 33.432. Enrollment of special education students

(a) A district may enroll, on a 100 percent or less of a full-time equivalent count, an out-of-district student who is entitled to special education and related services under 4 AAC 52 in the district's statewide correspondence study program. The enrolling district under 4 AAC 52.090 is responsible for administration of a program to provide those special education and related services. If a student is enrolled in the statewide correspondence study program at less than 100 percent of the full-time equivalent count, the enrolling district must enter into an individualized cooperative agreement with the student's district of residence. An individualized cooperative agreement with the child's district of residence is not required if the student is enrolled with the enrolling district at 100 percent of the full-time equivalent count. The cooperative agreement required by this subsection must provide that the district that receives the larger share of the student's full-time equivalent count for state funding purposes under 4 AAC 09.040(c) and 4 AAC 33.430(h) is responsible for the coordination of and payment for special education and related services, without respect to the cost of those services, as required by the student's individualized education program (IEP), and for compliance with applicable state testing and assessment requirements under 4 AAC 06.710 - 4 AAC 06.790. If the student's full-time equivalent count for each district in which the student is enrolled is equal, the cooperative agreement must provide that the student's district of residence is responsible for the coordination of and payment for special education and related services, without respect to the cost of those services, as required by the student's IEP, and for compliance with applicable state testing and assessment requirements under 4 AAC 06.710 - 4 AAC 06.790.

(b) An enrolling district shall ensure that all special education students enrolled in the district's statewide correspondence study program are identified and located for the purpose of establishing their need for special education and related services and that all provisions of 4 AAC 52 are met. For a special education student enrolled in the district's statewide correspondence study program, and for whom an individualized cooperative agreement is not required under (a) of this section, the enrolling district shall ensure that the requirements of (c)(5) of this section are met.

(c) If an individualized cooperative agreement for a special education student is required by (a) of this section, the agreement must include, at a minimum, the following information:

(1) the student's name, address, telephone number, and student identification number issued by the department;

(2) an allocation of each student's state funding calculated in accordance with the provisions of 4 AAC 33.430(h) ;

(3) the name, address, and telephone number of the private provider or school district designated by the enrolling district to provide special education and related services to the student, if applicable, and the signature of a person authorized by the designated provider to agree to the provision of those services;

(4) the plan for receipt and disbursement of money for the benefit of a student receiving special education and related services;

(5) the plan of services to be provided to the student, the identification of the members of the IEP team from each district in which the student is enrolled, if applicable under 4 AAC 52.140, and a description of the manner in which each teacher who works with the student in the enrolling district will participate as a member of the IEP team for each student; the plan and the cooperative agreement must include the identification of each student in a manner that complies with the confidentiality requirements of 4 AAC 52.220.

(d) Repealed 6/15/2000.

(e) Repealed 6/15/2000.

(f) Repealed 8/6/2004.

(g) Students for whom the statewide correspondence study program will provide a portion or all of the special education and related services may provide the services to the student before the individualized cooperative agreement is finalized.

History: Eff. 5/1/99, Register 150; am 6/15/2000, Register 154; am 12/25/2002, Register 164; am 8/6/2004, Register 171

Authority: AS 14.07.020

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