Section 4 AAC 06.872 - State system of support; interventions(a) For purposes of determining the level of state support and oversight to be provided to a district, not later than 60 days after the release of school designations each year, the department will designate each district in the state as a tier I, tier II, or tier III district. A tier III district receives the most state support and oversight; a tier I district the least (b) A district will be designated (1) as tier III if it has at least one school designated for comprehensive support and improvement under 06.840(a)(1);(2) as tier II if (A) at least 25 percent of the schools in the district are designated for comprehensive support and improvement or targeted support and improvement under 4 AAC 06.840(a) or (b);(B) at least 25 percent of the students in the district attend a school designated for targeted support and improvement under 4 AAC 06.840(b);(C) an instructional or desk audit at the district or schools in the district demonstrates significant deficiencies in the domains identified in 4 AAC 06.845(b); or (D) an instructional or desk audit at the district shows that one or more subgroups in the district is not making progress toward the subgroup's long-term goals or measures of interim progress under 4 AAC 06.815.(c) The department will determine the level of support and state oversight of a district or a school within a district designated as tier II or tier III. In making this determination, the department will consult with the superintendent of the district in which the school is located and will consider: (1) the performance of schools and subgroups in the district on the indicators within the Alaska school performance system, including whether the performance of schools or subgroups has improved or decreased over a period of years;(2) a school's failure to exit comprehensive support and improvement status after three years; (3) the number and percentage of schools in the district designated for comprehensive support and improvement or targeted support and improvement;(4) the number and percentage of students in the district that attend schools designated for comprehensive support and improvement;(5) the results of a review of resource allocations from state, local and federal funds used to support school improvement in schools identified for comprehensive or targeted support and improvement in the district;(6) the results of any desk audit or instructional audit at the district or a school in the district, including any information provided by the superintendent of the district during the consultation with the superintendent during the audit; and(7) other evidence that relates to the district's need for support and oversight.(d) A district may request that the department conduct a desk audit or an instructional audit at one or more schools in the district, or of the district as a whole. As part of either the desk audit or instructional audit process, the department may require a school or district to provide additional information, including a self-assessment. To the extent permitted under federal law, the department may use federal programmatic funds allocated to the district to pay the cost of an instructional audit. If a district requests a desk or instructional audit, the department may require that the district pay some or all of the cost of the audit.(e) After the department has determined under (c) of this section that a district, or a school within a district, would benefit from an increased level of support and state oversight, the department will send notice of this determination to the district in which the school is located. In the notice, the department will inform the district of the reasons for the designation and the timetable for implementation of the district improvement plan developed under 4 AAC 06.850. Not later than 30 days after receiving the notice, the district shall take action under the timetable as required by the department, and shall verify in writing to the department that it has taken that action.(f) The state level of support and oversight provided by the department to a tier II or tier III district will be tailored to the needs of the district or a school. The department will assest a tier III district regarding the implementation of the district improvement plan at a school in the district, unless the commissioner determines that assistance is not required. The department may a tier II district assistance may be provided by department personnel or by a contractor, and may include a site visit. The department may redirect money from the district's funding under AS 14.17 to pay for services by a contractor that the commissioner determines are necessary under this section.(g) The department may intervene in a school or district under AS 14.07.030(14) and (15), including redirecting funding or replacement of personnel with supervisory authority over the instructional practices at the school or district if (1) a school's Alaska school performance system score that the department identified as a reason for implementing a program for improvement does not improve;(2) a school or district is not meeting or making progress towards its long-term goals and measures of interim progress for either the all-students group or any individual subgroup;(3) an instructional audit at the district reveals deficiencies in the district in the domains under 4 AAC 06.845(b); or(4) a district or school does not fully and timely implement with commitment a program that is required under (B) a school improvement plan under 4 AAC 06.845; (C) a district improvement plan under 4 AAC 06.850.(h) In intervening in a school within a district, the department may require the district to implement or amend evidence-based interventions in the school. The department may (1) determine the evidence-based interventions to be implemented at the school, or(2) choose to convene a strategic planning and support team with the authority to recommend and direct evidence-based interventions based upon the need and readiness of the school, as appropriate and as resources allow; the strategic planning and support team may include the Commissioner of Education or designee, department program staff, district staff, school staff, parents, tribal representatives, community members, and regional school boards and required interventions may involve one or more of the following:(A) external or internal independent review of student achievement data, curriculum effectiveness, instructional practices, school improvement priorities, behavioral supports, and community engagement efforts;(B) audit of resource allocation at the district or school level;(C) on-site evaluation of school improvement practices or mandatory off-site school improvement work sessions/interviews;(D) periodic distance or onsite stakeholder and department calls to assess and support school improvement efforts;(E) new comprehensive support and improvement plans written with department input and oversight;(F) assignment of a school improvement coach to a district or school;(G) more focused training or technical assistance;(H) district and department level direction of school improvement funds, other applicable federal funds, or other state or local funds toward required interventions such as cohesive professional development and leadership development;(I) replacement of teachers and principals; or(J) any other intervention allowable by law that is likely to improve student achievement and success.(i) If a district fails to take the action required under this section, the department may, after notice to the district and an opportunity for the district to respond, cause the district's funding under AS 14.17 to be redirected to pay for the action or to a holding account for the district until the action is completed. Before requiring action under this subsection, the commissioner will consider the (1) comments from the superintendent and local school board of the district;(2) action taken by the district to improve the school;(3) number of years the school has been identified under this section; and(4) factors listed in (b) and (c) of this section.(j) The department will undertake an action under (g) of this section only after (1) giving the district notice and "Opportunity to be heard;(2) consideration of alternatives; and(3) the department determines in writing that the action will likely increase student achievement at the school or district.(k) The department will cease an intervention under AS 14.07.030(14) or (15) at a district if each school designated for comprehensive support and improvement in the district meets the criteria under 4 AAC 06.840 to be exited from the designation of comprehensive support and improvement. A district may petition the department at any time to cease or continue an intervention taken by the department or a designation of a district as a tier 111 district under this section. In considering whether to grant a petition under this subsection, the department will consider the (1) factors described in (a) and (b) of this section; and(l) A district may petition the department at any time to cease or continue an intervention taken by the department under this section. In considering whether to grant a petition under this subsection, the department will consider the factors described in (a) and (b) of this section, and the public interest.(m) Notwithstanding any other provision of this section, the department will not take action under this section unless it has reached a conclusion, after consideration of the evidence, that its action will likely improve student achievement.(n) Compliance with this section does not necessarily constitute compliance with a district's other responsibilities for school or district improvement under 4 AAC 06.800 - 4 AAC 06.899.Eff. 9/12/2008, Register 187; readopt 10/25/2008, Register 188; am 10/16/2013, Register 208; am 10/20/2018, Register 228, January 2019; am 12/25/2020, Register 236, January 2021Authority:AS 14.03.123
AS 14.07.020
AS 14.07.030
AS 14.07.060
AS 14.50.080