4 AAC 52.700. Public school foundation program

(a) Each district that files a plan under AS 14.17.420 (b) to provide special education and related services to children with disabilities is eligible for state financial aid under AS 14.17.300 - 14.17.490.

(b) Public school foundation reports must be submitted, on forms provided by the department, to the department's division of education support services.

(c) Services provided to a student will not be considered intensive services unless the services include special education and related services provided by qualified staff for the entire school day both in and out of the classroom setting. Intensive services do not include new services due to discipline, alcohol or illegal drug use, or criminal activity that were not already provided to the student for educational purposes. For funding purposes under AS 14.17.420 , a student may be counted as receiving intensive services if the student needs and receives intensive services and the

(1) student's IEP provides for the following:

(A) direct daily instruction by a certified special education teacher with an endorsement under 4 AAC 12.330 or waiver under 4 AAC 12.340;

(B) multiple services, including related services;

(C) that all services not provided by a certified special education teacher be supervised by at least one certified special education teacher or related service provider;

(D) continuous special education programming;

(E) assistance and training in two or more basic self-help, daily living, or adaptive skills;

(F) a special education aide or other supplemental support personnel assigned to provide individual care to the student for the student's entire school day; the individual care provided under this subparagraph

(i) is not required when a certified special education teacher is providing direct instruction to the student;

(ii) may be provided by more than one person during the school day; and

(iii) may not be provided by a person who is assigned to provide individual care to another intensive student at the same time or who otherwise would not be available to provide individual care to the student;

(G) special transportation when the student needs transportation, except that this transportation requirement does not apply in the case of a student who has received special transportation for at least a year and no longer needs it; or

(2) student experiences deaf-blindness must read Braille, or needs and receives full-time the services of a deaf education interpreter or tutor;

(3) student's IEP team determines that out-of-state residential placement is necessary; or

(4) student has a disability that prevents the student from attending a regular or special education program even with the aid of special transportation, and the IEP team's evaluation and the IEP, itself, indicate that a home-based or health-care-facility-based instructional program is appropriate to meet the student's needs; however, a student may not be counted under this paragraph as receiving intensive services if the student is placed in a detention facility, or is receiving home-based or health-care-facility-based instruction solely because of a disciplinary problem.

(d) A district may seek a department waiver, for one year, from one or more of the requirements of (c) of this section if the district needs additional money for a student whose IEP team has determined that the student's educational program includes high-cost services that do not meet the funding criteria in (c) of this section. The department will grant the waiver if the requested funding is consistent with AS 14.17.420 and this section and in the public interest. An application for a waiver must be in writing and include

(1) a statement of the component or components to be waived and the reason why the waiver is sought;

(2) the student's IEP; and

(3) any additional information that the department determines is necessary to address a particular student's needs.

(e) The department will notify a district of the action taken on a public school foundation report after receipt of the report.

(f) A district may not receive state financial aid under this section for special education or related services provided by the department.

(g) If, after an entitlement review under 4 AAC 52.780, or otherwise, the department determines that an overpayment has occurred, the department may require repayment or withhold all or part of one or more future payments. The decision to do so is subject to appeal under 4 AAC 52.750.

History: Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 8/22/2001, Register 159; am 8/29/2004, Register 171; am 9/29/2005, Register 175

Authority: AS 14.07.060

AS 14.17.420

AS 14.30.180

Editor's note: The forms described in 4 AAC 52.700(b) may be obtained from the Department of Education and Early Development, Division of Support Services, 801 W. 10th Street, Suite 200, Juneau, Alaska 99801.

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.

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