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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 4. Education and Early Development. |
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Chapter 4.60. Pre-Elementary. |
Section 4.60.035. Background checks and health and safety standards.
Latest version.
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(a) Except as provided in (f) of this section, in order to demonstrate healthful and safe conditions to operate as a public or private pre-elementary school in this state, a pre-elementary school must demonstrate to the department that the school meets or exceeds the standards for criminal history checks and for health and safety applicable to child care facilities under 7 AAC 57.025(a); 7 AAC 57.025(b)(1) - (3); 7 AAC 57.030(c)(4), (5), (9), and (13); 7 AAC 57.030(e) and (f); 7 AAC 57.035; 7 AAC 57.050; 7 AAC 57.220 - 7 AAC 57.240; 7 AAC 57.300(a) and (b); 7 AAC 57.310 - 7 AAC 57.400; 7 AAC 57.500(a), (b), (c), and (i); 7 AAC 57.505(d); 7 AAC 57.535(f); 7 AAC 57.540 - 7 AAC 57.550; 7 AAC 57.565; 7 AAC 57.610; 7 AAC 57.900; 7 AAC 57.940; and 7 AAC 57.990, as revised as of December 1, 2009, and adopted by reference. (b) Before enrolling students, a pre-elementary school shall submit to the department a completed form prescribed by the department that demonstrates that the school has met the requirements of (a) of this section. Within 30 days of receipt of a completed form, the department will grant or deny approval to operate a pre-elementary school, or request additional information. In order to meet the requirements of (a) of this section, a pre-elementary school must demonstrate to the department that the school (1) possesses a license to operate as a child care facility issued by the Department of Health and Social Services under AS 47.32; (2) is approved by a governmental entity for operation of a facility that provides for care and supervision of children, if the approval process includes (A) criminal history checks that meet or exceed the standards for criminal history checks applicable to child care facilities under 7 AAC 57.310 and 7 AAC 57.315 that are adopted by reference in (a) of this section; and (B) health and safety standards that meet or exceed the health and safety standards applicable to child care facilities under the provisions of 7 AAC 57 that are adopted by reference in (a) of this section; or (3) approved by the department under (c) of this section. (c) A pre-elementary school that has not been licensed or approved by a governmental entity under (b)(1) or (2) of this section may submit evidence to the department that the school meets or exceeds the provisions of 7 AAC 57 adopted by reference in (a) of this section. A school seeking approval under this subsection must submit the evidence on a form prescribed by the department, and request an inspection. The commissioner may contract with a public or private entity to review the form and provide the inspection. The department or the department's contractor will schedule an inspection, to be completed within 90 days of receipt of the form, if the form is complete and demonstrates that the facility is a pre-elementary school. The department will approve the pre-elementary school for operation if the form and inspection demonstrate that the school provides (1) criminal history checks that meet or exceed the standards for criminal history checks applicable to child care facilities under 7 AAC 57.310 and 7 AAC 57.315 that are adopted by reference in (a) of this section; and (2) health and safety standards that meet or exceed the health and safety standards applicable to child care facilities under the provisions of 7 AAC 57 adopted by reference in (a) of this section. (d) An approval to operate a pre-elementary school granted under (b) of this section extends for the same period of time granted by the license or other governmental approval under (b)(1) or (2) of this section, unless the department determines that a shorter time period is necessary to protect the public interest. For an approval granted under (c) of this section, the initial approval is for one year, and subsequent approvals for the same school are for two years, unless the department determines that a shorter time period is necessary to protect the public interest. (e) An entity that does not met the requirements of (a) of this section may not operate a pre-elementary school in this state. (f) A pre-elementary school that is in operation on January 31, 2010, and in compliance with all statutes and regulations governing operation of pre-elementary schools at that time, may remain in operation if (1) on or before February 1, 2010, the school submits criminal history check information to the department for all persons for whom a criminal history check is required; (2) on or before February 1, 2010, the school submits to an appropriate governmental entity an application for licensure or request for approval under (b) of this section; (3) upon receipt of the report of the criminal history check, the school either (A) is in compliance with the criminal history check requirements of (a) of this section; or (B) achieves compliance within 12 hours after receipt of the report; (4) upon receipt of the results of the health and safety investigation report from the governmental entity under (b)(2) of this section, the school (A) is in compliance with the health and safety requirements described in (a) of this section; or (B) takes steps, within 12 hours after receiving the report, which may include temporarily closing the school, to ensure that no immediate threats to the health and safety of the children at the school exist; and (C) addresses any deficiencies that are not an immediate threat to the health and safety of the children at the school within 30 days; (5) the department does not have substantial evidence that continued operation of the school would be a threat to the health and safety of the children at the school; and (6) the school obtains a license or approval under (b) of this section before June 1, 2010. (g) For purposes of (b)(2) and (c) of this section, terms in the provisions of 7 AAC 57 adopted by reference in (a) of this section have the meaning appropriate to their context, including, where applicable, (1) "child care facility" means "pre-elementary school"; (2) "Department of Health and Social Services" or "department" means (A) "governmental entity under (b)(2) of this section"; or (B) "Department of Education and Early Development"; (3) "license" or "licensed" means (A) "approval" or "approved by a governmental entity under (b)(2) of this section"; or (B) "approval" or "approved by the department under (c) of this section." (h) In this section, "criminal history check" has the meaning given in 7 AAC 10.910(h).
Authorities
14.07.020;14.07.060