Alaska Administrative Code
Title 4 - Education and Early Development
Chapter 52 - Education for Children with Disabilities and Gifted Children
Article 2 - Program Administration: Children with Disabilities
4 AAC 52.700 - Public school foundation program
Current through August 30, 2024
(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) A student is eligible for funding as an intensive student if the student has been identified for special education and the student needs and receives individual attention and services that are significantly more complex and frequent, and require significantly more resources to provide, than the services received by other special education students. The services received by an intensive student will include services necessary to meet a critical medical need, services necessary to provide for the student's health, safety, and educational needs, and special education and related services provided by qualified staff for the entire school day both in and out of the classroom setting. A student who is able to function independently, with limited or no supervision, for a substantial period of time, inside or outside the classroom setting, is not an intensive student. 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 will not be counted as receiving intensive services unless the student needs and receives intensive services and the
(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
(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.
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 99811-0500.
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.
Authority:AS 14.07.060
AS 14.17.420
AS 14.30.180