Notice of proposed regulations pre-elementary schools

NOTICE OF PROPOSED CHANGES REGARDING OVERSIGHT OF
PRE-ELEMENTARY SCHOOLS IN THE REGULATIONS OF
THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENTBRIEF DESCRIPTION: Under the proposed regulations, only pre-elementary schools operated by school districts or Head Start Agencies will be required to obtain department approval; the program will be more closely aligned with the department's statutory duty to supervise pre-elementary schools that receive direct state or federal funding.The Department of Education and Early Development proposes to adopt regulation changes to Title 4 of the Alaska Administrative Code dealing with pre-elementary schools, including the following:4 AAC 60.010 is proposed to be repealed and readopted to clarify which pre-elementary schools are subject to the department’s regulations.4 AAC 60.020 is proposed to be amended to clarify which programs are exempt from the department’s pre-elementary regulations. The exemptions include child care facilities and child

care providers regulated by the Department of Health and Social Services.4 AAC 60.035 is proposed to be repealed. The effect of the repeal would be to eliminate the duplication of health and safety standards, including background checks, required of pre-elementary schools operated by school districts and Head Start agencies.New section 4 AAC 60.036 is proposed to set the department’s rules for pre-elementary schools’ initial applications, renewals of approval, and assurances regarding programmatic requirements.New section 4 AAC 60.037 is proposed to provide for a transition period for pre-elementary schools that were approved by the department prior to the effective date of the new regulations.New section 4 AAC 60.039 is proposed to set rules for monitoring pre-elementary schools, requiring inspections, and requiring record-keeping.4 AAC 60.040 is proposed to be amended to specify that a school district or Head Start agency may appeal under 4 AAC 40 if denied approval as a pre-elementary school.4 AAC 60.170 is proposed to be amended to clarify that department rules regarding programmatic requirements, assessments, and annual reports apply to pre-elementary schools regulated by the department.The Department of Education and Early Development invites the public to submit written comments during the written comment period, which begins with the date of this notice and ends on May 12, 2017, at 4:30 p.m. The written comment period closes in advance of the meeting of the State Board of Education and Early Development at which the board will consider the adoption of the proposed regulations. This allows the Department of Education and Early Development an opportunity to prepare changes based on written comment and to distribute any proposed changes to the board for its consideration prior to the meeting.You may comment in writing on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Commissioner’s Office, Department of Education and Early Development, Attn: Regulations Review, 801 West Tenth Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500. You also may submit written comments by facsimile at (907) 465-4156; by electronic mail to
eric.fry@alaska.gov; and online at the website of the Department of Education and Early Development at
https://education.alaska.gov/regs/comment.cfm. Written comments also may be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link.All written comments must be received not later than 4:30 p.m. on May 12, 2017After the written comment period has ended, you may submit oral comments to the State Board of Education and Early Development at a hearing to be held by the board on June 7, 2017, by audio-conference. The hearing will be held from 9:15 a.m. to 10:15 a.m. but may be extended to accommodate those present before 9:00 a.m. who have not had an opportunity to comment before 10:15 a.m.You also may submit oral comments at this hearing, during this time only, via the Legislative Information Office streaming by calling 1-844-586-9085 if you are outside of Juneau. For participation from Juneau, call 586-9085.This meeting will be streamed through the Legislative Information Office over
http://www.alaskalegislature.tv/  beginning at 9:00 a.m. June 7, 2017, (audio only).  You also may submit oral comment by visiting your local Legislative Information Office (LIO). The following LIO’s will participate: Anchorage, 716 W 4th Ave., Suite 100; Bethel, 301 Willow St.; Fairbanks, 1292 Sadler Way, Suite 308; Juneau, Room 111 Terry Miller Bldg.; Kenai, 145 Main St. Loop, Suite 217; Ketchikan, 1900 First Ave., Suite 310; Kodiak, 305 center Ave., Suite 1; Mat-Su, 600 E Railroad Ave.; Nome 103 Front St.; Seward, 302 Railway Suite 107; and Sitka, 201 Katlian St., Suite 103. You may submit written questions relevant to the proposed action to Eric Fry at
eric.fry@alaska.gov or the Department of Education and Early Development, Attn: Eric Fry, 801 West 10th Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500. If a question is relevant to the proposed change in the regulations and the question is received by May 3, 2017, which is 10 days before the end of the public comment period, the department will make a good-faith effort to answer the question before the end of the public comment period. The Department of Education and Early Development will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the website of the Department of Education and Early Development at
https://education.alaska.gov/regs/comment.cfm.  If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Shawn Sypeck at (907) 465-2802 or
shawn.sypeck@alaska.gov not later than June 1, 2017, to ensure that any necessary accommodation can be provided.Copies of the proposed regulation changes are available on the Alaska Online Public Notice System, on the website of the Department of Education and Early Development at
https://education.alaska.gov/regs/comment.cfm, and by contacting Eric Fry at
eric.fry@alaska.gov or 907-465-2851.After the public comment period ends, the Department of Education and Early Development will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.Statutory authority: AS 14.07.060
Statutes being implemented, interpreted, or made specific: AS 14.07.020
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.