2207602-R-1.00 Statement of Basis and Purpose.

The statutory basis for these rules adopted as emergency rules on August 8, 2002, is found in 22-2-106 (1) (a), State Board duties; 22-2-107 (1) (c), State Board powers; and 22-7-604.5(1), alternative education campuses.

Section 22-7-604.5(1) requires the State Board to adopt rules specifying the criteria and application process for a school to be designated an alternative education campus. Any school designated an alternative education campus pursuant to section 22-7-604.5 shall be exempt from receiving an academic performance or improvement rating pursuant to this section, unless the State Board has approved the alternative education campus’ receipt of such ratings pursuant to section 22-7- 604.5.

1.01 A new category of "alternative education campus" defined in SB 04-083 exempts this group of schools from receiving a School Accountability Report rating, and due to the July 1, 2004 deadline in statute, it was necessary to adopt emergency amendments while simultaneously scheduling a hearing to consider permanent rules.

2207602-R-2.00 Definitions.

2.01 “Alternative education campus” means a public school, including a charter school that receives a designation pursuant to section 22-7-604.5.

2.02 "Alternative education campus" - these secondary schools, commonly referred to as alternative schools, are designed for and typically serve students who have failed in or dropped out of traditional schools, have been expelled from traditional schools, have become involved in the juvenile justice system, were victims of child abuse or neglect, use drugs or alcohol, belong to street gangs, or are otherwise at risk of academic failure, continuing high-risk behaviors, and post-graduation joblessness.

2.03 “Student population” - more than ninety-five percent of the students meet the definition of a high- risk student.

2.04 "High-risk student" means a student enrolled in a secondary school who:

(A) Has been committed to the Department of Human Services following adjudication as a juvenile delinquent or is in detention awaiting disposition of charges that may result in commitment to the Department of Human Services;

(B) Has dropped out of school or has not been continuously enrolled and regularly attending school for at least one semester prior to enrolling in his or her current school;

(C) Has been expelled from school or engaged in behavior that would justify expulsion;

(D) Has a documented history of personal drug or alcohol use or has a parent or guardian with a documented dependence on drugs or alcohol;

(E) Has a documented history of personal street gang involvement or has an immediate family member with a documented history of street gang involvement;

(F) Has a documented history of child abuse or neglect;

(G) Has a parent or guardian in prison or on parole or probation;

(H) Has a documented history of domestic violence in the immediate family;

(I) Has a documented history of repeated school suspensions; or (J) Is a parent or pregnant woman under the age of twenty years. 2207602-R-3.00 Criteria and Application Process for a School to be Designated an Alternative Education Campus.

CATEGORY 1 – SB 02-094 3.01 Criteria that a school must meet to be designated an alternative education campus, includes but is not limited to the following:

(1) Having a specialized mission and serving a special needs or at-risk population;

(2) Being an autonomous school;

(3) Having an administrator who is not under the supervision of an administrator at another public school;

(4) Having a budget separate from any other public school;

(5) Having nontraditional methods of instruction delivery; and (6) (a) Serving students who have severe limitations that preclude appropriate administration of the assessments administered pursuant to section 22-7-409;

1. (b) Serving a student population, more than ninety-five percent of whom have an individual education program pursuant to section 22-20-108, except that such school shall establish a public process that will provide for accountability; or (c) Serving students who attend on a part-time basis and who come from other schools where such part-time students are counted in the enrollment of the other school; except that the results of the assessments administered pursuant to section 22- 7-409 of all part-time students shall be used in calculating the academic performance and academic improvement ratings of the school for which the student is counted for enrollment purposes.

3.02 On or before August 1 of each year, the district school board for any public school that desires to be considered an alternative education campus pursuant to section 22-7-602 shall file with the State Board a request for designation as an alternative education campus. Each request shall contain sufficient information to establish that the public school meets the requirements established by these rules.

3.03 On or before August 20 of each year, the State Board shall approve the designation of alternative campus for any public school for which a request has been filed and that is found by the State Board to meet the requirements of these rules.

3.04 CATEGORY 2 – SB 04-083

Criteria that a school must meet to be designated an alternative education campus, includes but is not limited to the following:

3.04 (A) Serves a student population in which more than ninety-five percent of the students meet the definition of a high-risk student contained in the definition section.

(B) Agrees to demonstrate initial baseline levels of and measurable annual benchmarks on:

1. (1) At least one measure of student academic performance which measures the educational growth a student achieves during one year of enrollment in the school and which shall be based upon:
   1. (a) Academic progress of individual students or groups of students on the assessments administered pursuant to section 22-7-409, if applicable; and (b) Academic progress of individual students or groups of students on other standardized assessments proposed in the application and approved by the State Board.
2. (2) Other measures of student academic progress that shall include one or more of the following: grade promotion; secondary school dropout rates; GED sections attempted; course or credit completion; graduation; GED completion; or other indicators proposed in the application and approved by the State Board; and (3) Measures of nonacademic or behavioral improvement appropriate for the purposes of each particular school, including but not limited to average daily attendance, student post-matriculation rates of enrollment, enlistment or employment, rates of stability or retention, reduced rates of suspension or other discipline, or attendance rates.

(C) As a condition to receiving a designation as an alternative education campus under 3.04 category 2, the State Board and the school shall agree to a date by which, if the school has not demonstrated accomplishment of the annual benchmarks agreed to in the application for designation, the school district in which such school is located shall be required to submit a School Improvement Plan pursuant to section 22-7-609.

3.05 These schools receive a School Accountability Report (SAR). In place of an “overall academic performance rating” and an “academic growth of students” rating, the words “alternative education campus” will be placed in the rating box. These schools will not be included in the comparison to nearby schools.

3.06 On or before August 1 of each year, the district school board for any public school that desires to be considered an alternative education campus pursuant to section SB04-083 shall file with the State Board a request for designation as an alternative education campus. Each request shall contain sufficient information to establish that the public school meets the requirements established by these rules.

3.07 On or before August 20 of each year the State Board shall approve the designation of alternative campus for any public school for which a request has been filed and that is found by the State Board to meet the requirements of these rules.