4 AAC 05.090 - Discontinuation or closure of schools

(a) After a school has been started in a community, either by renovating an existing facility or constructing a new facility, that school may be temporarily or permanently discontinued or closed only

(1) through action of the governing body of the district or regional school board;

(2) after the district or regional school board provides at least 10 days written notice to each of the affected students' parents or guardian; and

(3) after submission of a plan under (d) of this section, that is approved by the department using the standards set out in this section, except in an emergency or case-by-case situation under (e) of this section.

(b) A plan for permanent discontinuation or closure of a school must be submitted to the department for approval and may not be executed until it is approved by the department. A plan will be considered approved if the department does not disapprove the plan within 90 days after submission.

(c) A plan for temporary discontinuation or closure of a school during the school year must be reviewed and approved at a public meeting of the governing body of the district or regional school board and submitted to the department for approval at least ten days before temporary discontinuation or closure of the school except as provided under (e) of this section.

(d) A plan for temporary or permanent discontinuation or closure of a school must include

(1) the provision of educational services to all eligible students, including students with a disability consistent with AS 14, this title, and other laws applicable for the operation of public schools in the state;

(2) the provision of pupil transportation services, if needed;

(3) a schedule for providing compensatory services under 4 AAC 52, if required;

(4) the reimbursement to the department of public money already paid by the department for the period of discontinuance or closure unless the school year is extended to make up for the period of discontinuance or closure; and

(5) the steps for reopening of the school if temporarily discontinued or closed including a school disciplinary and safety program under AS 14.33.120.

(e) A superintendent may order the emergency closure of a school under AS 14.03.030(2) if closure is necessary to protect the public health or safety of the students, staff, or community. To the extent practicable, the superintendent shall consult with the department and with state and federal agencies with jurisdiction over public health and safety. The superintendent shall notify the department in writing no more than 24 hours after ordering an emergency closure.

(f) If a school is temporarily discontinued or closed for disciplinary or safety reasons, the facility must remain closed for all purposes until the school is reopened.

(g) A superintendent who has ordered an emergency closure of a school shall submit a modified calendar for the school to the department as soon as practicable after the closure. Under the modified calendar, the district shall implement one or more of the following actions:

(1) if the original calendar provided for more than 180 days, reduce the number of days in session or days used for in-service training for the school, so the combined number of days in session and days used for in-service training under the modified calendar remains in compliance with AS 14.03.030;

(2) designate emergency closure days in place of days in session or days used for in-service training if the emergency closure days have been approved by the commissioner under AS 14.03.030(2) and (h) of this section;

(3) designate additional days that the school must be in session to replace school closure days that were not reduced under (1) of this subsection or approved as emergency closure days under (2) of this subsection.

(h) A district may, on a form prescribed by the department, apply to the commissioner for approval to substitute an emergency closure day for a day in session or a day used for in-service training. The commissioner may approve all, none, or some of the days the school was closed as emergency closure days, and require that the district replace the remaining days. In determining whether to approve, deny, or partially approve the request, the commissioner will consider

(1) the extent to which the district implemented a continuation of educational services plan during the closure;

(2) the depth and quality of the educational services the district provided to students during the closure;

(3) if the district had warning of the pending emergency, the extent to which the district used the warning to prepare for continuation of educational services specific to the pending emergency;

(4) the communication with families of students to facilitate delivery of educational services during the emergency;

(5) the nature and duration of the emergency;

(6) whether teachers and administrators were in on-duty status working to deliver educational services during the emergency;

(7) the academic needs of the students in the district; and

(8) the public interest.

Notes

4 AAC 05.090

Eff. 9/3/76, Register 59; am 5/18/2000, Register 154; am 10/6/2002, Register 164; am 9/1/2009, Register 191

Authority:AS 14.03.030

AS 14.03.040

AS 14.07.020

AS 14.07.060

AS 14.33.100

AS 14.33.120