CSHB 71(FIN) am: "An Act relating to the education of children with disabilities and of gifted children; relating to the Governor's Council on Disabilities and Special Education; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 71(FIN) am 01 "An Act relating to the education of children with disabilities and of gifted children; 02 relating to the Governor's Council on Disabilities and Special Education; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.16.050(a) is amended to read: 06 (a) The following provisions apply with respect to the operation and 07 management of a state boarding school as if it were a school district: 08 (1) requirements relating to school district operations: 09 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 10 session, and school holidays); 11 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 12 applicable to school district operations); 13 (C) regulations adopted by the board under authority of
01 AS 14.07.020(a) that are applicable to school districts and their schools, unless 02 the board specifically exempts state boarding schools from compliance with a 03 regulation; 04 (D) AS 14.12.150 (authorizing school districts to establish and 05 participate in the services of a regional resource center); 06 (E) AS 14.14.050 (imposing the requirement of an annual 07 audit); 08 (F) AS 14.14.110 (authorizing cooperation with other school 09 districts); 10 (G) AS 14.14.140(b) (establishing a prohibition on 11 employment of a relative of the chief school administrator); 12 (H) AS 14.18 (prohibiting discrimination based on sex in 13 public education); 14 (2) requirements relating to the public school funding program and the 15 receipt and expenditure of that funding: 16 (A) AS 14.17.500 (relating to student count estimates); 17 (B) AS 14.17.505 (relating to school operating fund balances); 18 (C) AS 14.17.500 - 14.17.910 (setting out the procedure for 19 payment of public school funding and imposing general requirements and 20 limits on money paid); 21 (3) requirements relating to teacher employment and retirement: 22 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 23 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 24 tenure of teachers); 25 (C) AS 14.20.220 (relating to the salaries of teachers 26 employed); 27 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 28 provisions for teachers); 29 (E) AS 23.40.070 - 23.40.260 (authorizing collective 30 bargaining by certificated employees), except with regard to teachers who are 31 administrators and except that the board may delegate some or all of its
01 responsibilities under those statutes; 02 (F) AS 14.25 (provisions regarding the teachers' retirement 03 system); 04 (4) requirements relating to students and educational programs: 05 (A) AS 14.30.180 - 14.30.350 (relating to educational services 06 for [EXCEPTIONAL] children with disabilities); 07 (B) AS 14.30.360 - 14.30.370 (establishing health education 08 program standards); 09 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 10 bicultural education). 11 * Sec. 2. AS 14.30.180 is amended to read: 12 Sec. 14.30.180. Purpose. It is the purpose of AS 14.30.180 - 14.30.350 to 13 (1) provide an appropriate public education for each child with a 14 disability [EXCEPTIONAL CHILDREN] in the state who is [ARE] at least three 15 years of age but less than 22 years of age; 16 (2) allow procedures and actions necessary to comply with the 17 requirements of federal law, including 20 U.S.C. 1400 - 1487 [20 U.S.C. 1400 - 1485] 18 (Individuals with Disabilities Education Act). 19 * Sec. 3. AS 14.30.186(a) is repealed and reenacted to read: 20 (a) Special education and related services shall be provided by 21 (1) a borough or city school district for a child with a disability residing 22 within the district; 23 (2) the board of a regional educational attendance area operating a school 24 in the area for a child with a disability residing in the area served by the school; 25 (3) the borough, city school district, or regional educational attendance 26 area in which a treatment facility or a correctional or youth detention facility is located 27 for a child with a disability placed at the facility; 28 (4) a state boarding school established under AS 14.16 for a child with a 29 disability enrolled at a state boarding school; or 30 (5) a school district that provides a statewide correspondence study 31 program for a child with a disability who is enrolled in the program.
01 * Sec. 4. AS 14.30.186(e) is amended to read: 02 (e) If the parent of a child with a disability [EXCEPTIONAL CHILDREN 03 BEING EDUCATED AS PROVIDED UNDER AS 14.30.010(b) MAY RECEIVE 04 SPECIAL EDUCATION AND RELATED SERVICES AS PROVIDED UNDER 05 AS 14.30.180 - 14.30.350. THE EXCEPTIONAL CHILD OF A PARENT WHO] 06 elects to educate the child as allowed under AS 14.30.010(b), the child may not be 07 compelled to receive the special education and related services provided under 08 AS 14.30.180 - 14.30.350. 09 * Sec. 5. AS 14.30.186 is amended by adding a new subsection to read: 10 (f) The department shall, by regulation, establish standards for the allocation of 11 financial responsibilities and the coordination of the provision of special education and 12 related services among the educational agencies listed in (a) of this section when more 13 than one educational agency is responsible for providing those services. 14 * Sec. 6. AS 14.30.191(a) is amended to read: 15 (a) A school district shall obtain the written informed consent of the child's 16 parent before an initial evaluation or placement of a child with a disability in a 17 program of special education and related services. 18 * Sec. 7. AS 14.30.191(b) is amended to read: 19 (b) After initial placement in a program of special education and related 20 services and not less than once every three years for as long as the child is assigned to 21 the program, a [AN EXCEPTIONAL] child with a disability shall receive an 22 educational evaluation [FOR THE IDENTIFICATION AND CLASSIFICATION OF 23 EXCEPTIONAL CHILDREN]. 24 * Sec. 8. AS 14.30.191(c) is amended to read: 25 (c) Before a school district initiates or refuses a change in the [A CHILD'S] 26 placement or educational program of a child with a disability, the district shall 27 notify the child's parent. 28 * Sec. 9. AS 14.30.191(d) is amended to read: 29 (d) Upon completion of an [THE] evaluation or reevaluation under this 30 section [AND BEFORE PLACEMENT], the school district shall provide to the parent 31 of each [EXCEPTIONAL] child evaluated under this section an opportunity to
01 participate in the determination of the 02 (1) child's eligibility for special education and related services; 03 [FOR CONSULTATION ABOUT THE EVALUATION. A CONSULTATION 04 MUST BE AVAILABLE AFTER EACH REEVALUATION OF THE CONDITION] 05 and 06 (2) educational placement of the [EXCEPTIONAL] child if the child 07 is determined to be eligible for special education and related services. 08 * Sec. 10. AS 14.30.191 is amended by adding new subsections to read: 09 (h) A school district shall provide written notice of its decision under this 10 section to the parent of the child. The notice must include a description of the 11 procedural safeguards available to the parent and child under federal law. 12 (i) In this section, "hearing" means a due process hearing under AS 14.30.193. 13 * Sec. 11. AS 14.30.193 is repealed and reenacted to read: 14 Sec. 14.30.193. Due process hearing. (a) A school district or a parent of a 15 child with a disability may request a due process hearing on any issue related to 16 identification, evaluation, or educational placement of the child, or the provision of a 17 free, appropriate, public education to the child. A request is made by providing written 18 notice to the other party to the hearing. A parent shall make a request for a due process 19 hearing under this section not later than 12 months after the date that the school district 20 provides the parent with written notice of the decision with which the parent disagrees. 21 A school district shall make its request for a due process hearing in accordance with the 22 time limit established by the department by regulation. 23 (b) If a due process hearing is requested by either a school district or a parent, the 24 school district shall contact the department to request appointment of a hearing officer. 25 The department shall select a hearing officer through a random selection process, from a 26 list maintained by the department under (g) of this section. Within five working days 27 after receipt of the request, the department shall provide to the school district and the 28 parent a notice of appointment, including the name and a statement of qualifications, of 29 the hearing officer that the department determines is available to conduct the hearing. 30 (c) The school district and the parent each have the right to reject, without stating 31 a reason, one hearing officer appointed under this section. The rejecting party shall
01 notify the department of that rejection in writing within five days after receipt of the 02 department's notice of appointment. If a hearing officer is rejected under this subsection, 03 the department shall, within five working days after receipt of the written rejection, 04 provide a notice of appointment, including the name and a statement of qualifications, of 05 another hearing officer that the department determines is available to conduct the 06 hearing. Each appointment is subject to a right of rejection under this subsection by a 07 party who has not previously rejected an appointment. 08 (d) After a hearing officer is appointed and the time for rejection under (c) of 09 this section has expired, the hearing officer shall immediately inform the parent and 10 the school district of the availability of the mediation process provided under 11 AS 14.30.194 and encourage use of that process to attempt to resolve the disagreement 12 between the parent and the school district. If the mediation process does not result in 13 settlement of all of the issues, the hearing officer shall conduct a hearing in 14 conformance with the requirements of federal law, including 34 C.F.R. 300.507 - 509. 15 After the hearing is completed, the hearing officer shall issue a written decision that 16 (1) upholds the school district's decision; or 17 (2) overturns the school district's decision with specific instructions for 18 modification of the identification, evaluation, educational placement, or provision of the 19 education program by the district. 20 (e) A hearing officer's decision under this section is final and binding on the 21 school district and parent unless appealed under (f) of this section. Notwithstanding a 22 decision by the hearing officer, a child may not be evaluated, placed, transferred, or 23 compelled to receive special education or related services from the school district until 24 the period for filing an appeal under (f) of this section has expired or, if an appeal is 25 filed, until the appellate review process has been completed. 26 (f) A hearing officer's decision under this section is a final administrative 27 order, subject to appeal to the superior court for review in the manner provided under 28 AS 44.62.560. 29 (g) The department shall maintain a list of qualified hearing officers and shall 30 provide for qualification of hearing officers through a training program that is open to 31 all individuals who meet the criteria set by the department by regulation. The list of
01 qualified hearing officers shall be maintained as a public record. 02 (h) For purposes of this section, a student with a disability aged 18 - 21 has the 03 same rights and obligations under this section as a parent of a child with a disability. 04 * Sec. 12. AS 14.30 is amended by adding a new section to read: 05 Sec. 14.30.194. Mediation. (a) The department shall, by regulation, 06 establish and implement a voluntary mediation process in conformance with the 07 requirements of federal law, including 34 C.F.R. 300.506. The department shall 08 encourage the use of mediation for settlement of disputes under AS 14.30.180 - 09 14.30.350. 10 (b) The department shall 11 (1) maintain a list of individuals who are qualified mediators 12 knowledgeable in the federal and state statutes and regulations relating to the 13 provision of special education and related services; and 14 (2) provide for qualification of mediators through a training program 15 that is open to all individuals who meet the criteria set by the department by 16 regulation. 17 * Sec. 13. AS 14.30.231 is amended to read: 18 Sec. 14.30.231. Advisory panel [COMMITTEE]. The Governor's Council 19 on Disabilities and Special Education established under AS 47.80 shall serve as the 20 state [AN] advisory panel [COMMITTEE], the function of which is to provide 21 information and guidance for the development of appropriate programs of special 22 education and related services for [EXCEPTIONAL] children with disabilities. 23 * Sec. 14. AS 14.30.250 is amended to read: 24 Sec. 14.30.250. Teacher qualifications. A person may not be employed as a 25 teacher of [EXCEPTIONAL] children with disabilities unless that person possesses a 26 valid teacher certificate and, in addition, the [SUCH] training that [AS] the 27 department requires [MAY REQUIRE] by regulation. 28 * Sec. 15. AS 14.30.270 is amended to read: 29 Sec. 14.30.270. Substitutes. AS 14.30.250 does not prohibit the employment 30 of a person, otherwise qualified to serve as a substitute teacher, to serve as a substitute 31 teacher of [EXCEPTIONAL] children with disabilities.
01 * Sec. 16. AS 14.30.272 is amended to read: 02 Sec. 14.30.272. Procedural safeguards. (a) A school district shall inform 03 the parent of a [AN EXCEPTIONAL] child with a disability of the right 04 (1) to review the child's educational record; 05 (2) [,] to review evaluation tests and procedures; 06 (3) [,] to refuse to permit evaluation or a change in the child's 07 educational placement; 08 (4) [,] to be informed of the results of evaluation; 09 (5) [,] to obtain an independent evaluation by choosing a person from a 10 list provided by the school district or by choosing a person by agreement between the 11 parent and school district; 12 (6) [,] to request a due process [AN IMPARTIAL] hearing; 13 (7) [,] to appeal a hearing officer's decision; and 14 (8) [, AND] to give consent or deny access to others to the child's 15 educational record. 16 (b) The department shall establish, by regulation, impartial procedures for a 17 school district to follow for due process hearings [UNDER AS 14.30.193] to comply 18 with requirements necessary to participate in federal grant-in-aid programs, including 19 20 U.S.C. 1400 - 1487 [20 U.S.C. 1400 - 1485] (Individuals with Disabilities 20 Education Act). 21 * Sec. 17. AS 14.30.274 is amended to read: 22 Sec. 14.30.274. Identification of [EXCEPTIONAL] children with 23 disabilities. Each school district shall establish and implement written procedures to 24 ensure that all [EXCEPTIONAL] children with disabilities under the age of 22 for 25 whom the agency is responsible under AS 14.30.186 to provide special education 26 and related services [WHO RESIDE IN THE DISTRICT] are identified and located 27 for the purpose of establishing their need for special education and related services. 28 * Sec. 18. AS 14.30.276 is amended to read: 29 Sec. 14.30.276. Least restrictive environment. Each school district shall 30 ensure that, to the maximum extent appropriate, [EXCEPTIONAL] children with 31 disabilities, including children in public or private institutions or other care facilities,
01 are educated with children who are not children with disabilities [EXCEPTIONAL] 02 and that special classes, separate schooling, or other removal of [EXCEPTIONAL] 03 children with disabilities from the regular educational environment occurs only when 04 the nature or severity of the child's disability [EXCEPTIONALITY] is such that 05 education in regular classes with the use of supplementary aids and services cannot be 06 achieved satisfactorily. 07 * Sec. 19. AS 14.30.278 is repealed and reenacted to read: 08 Sec. 14.30.278. Individualized education program. A school district shall 09 develop an individualized education program for special education and related 10 services for each eligible child with a disability. The plan must be completed not later 11 than 30 days after the determination of the child's eligibility. Each individualized 12 education program shall be developed and periodically reviewed and revised as 13 necessary in conformance with federal requirements, including 34 C.F.R. 300.340 - 14 350. 15 * Sec. 20. AS 14.30.285(a) is amended to read: 16 (a) The department shall institute a statewide program for the education of 17 [EXCEPTIONAL] children with disabilities [,] to ensure that whenever possible 18 children are educated in the state at locations in or near their resident school district. 19 * Sec. 21. AS 14.30.285(b) is amended to read: 20 (b) An identified [EXCEPTIONAL] child with a disability may be sent to an 21 educational program or residential school outside the child's community or school 22 district if the child resides in a community or school district where an appropriate 23 educational program cannot reasonably be made available and if the school district 24 [DEPARTMENT] determines that provision of special education and related services 25 in another educational program or residential school is appropriate. If the school 26 district approves [AND THE DEPARTMENT APPROVE] the enrollment of a [THE 27 EXCEPTIONAL] child with a disability in another educational program or 28 residential school outside the child's community or school district and the child is 29 enrolled, the child's education expenses shall be paid as follows: 30 (1) except as otherwise provided by (2) of this subsection, the sending 31 district shall pay all costs associated with the transfer;
01 (2) the department may provide financial assistance to the school 02 district for a child's education provided for in (1) of this subsection under regulations 03 adopted by the department. 04 * Sec. 22. AS 14.30.285(e) is amended to read: 05 (e) The educational assessment of a [AN EXCEPTIONAL] child with a 06 disability that indicates that the educational program that is locally available is 07 inappropriate for the needs of the child must conform to the standards set out in 08 AS 14.30.191. 09 * Sec. 23. AS 14.30.285(f) is amended to read: 10 (f) A school district shall obtain informed [THE] consent of the child's parent 11 before a child may be transferred to a school outside the district in which the child 12 resides. 13 * Sec. 24. AS 14.30.285(g) is amended to read: 14 (g) The withholding of informed consent by a parent [OR 15 DEPARTMENTAL APPROVAL] for the transfer of a [AN EXCEPTIONAL] child 16 with a disability under this section does not relieve a school district of the obligation 17 to provide special education and related services to the [AN EXCEPTIONAL] child 18 [UNDER AS 14.30.186]. 19 * Sec. 25. AS 14.30.325(a) is amended to read: 20 (a) The department shall [MAY] by regulation provide for the appointment of 21 surrogate parents to represent a child with a disability [EXCEPTIONAL 22 CHILDREN] in matters relating to the provision of an appropriate public education. 23 * Sec. 26. AS 14.30.335 is amended to read: 24 Sec. 14.30.335. Eligibility for federal funds. Notwithstanding any other 25 provision of AS 14.30.180 - 14.30.350, the department may do all things necessary to 26 qualify for federal funds that are available to the state for the education of 27 [EXCEPTIONAL] children with disabilities. 28 * Sec. 27. AS 14.30.340 is amended to read: 29 Sec. 14.30.340. Provision of special education in a private school, home, or 30 hospital setting. (a) If a parent of a [AN EXCEPTIONAL] child with a disability 31 enrolls the child in a private school, including a religious school, at the parent's
01 expense or teaches the child at home, the school district in which the child resides [IS 02 LOCATED] shall make special education and related services available in 03 conformance with federal requirements, including 34 C.F.R. 300.450 - 462. A 04 parent teaching the parent's child at home may refuse special education and 05 related services for the child [AN INDIVIDUALIZED EDUCATION PROGRAM 06 UNDER AS 14.30.278]. 07 (b) If a physician certifies in writing, and if the child's individualized 08 education program under AS 14.30.278 provides [TEAM THEN DETERMINES] 09 that a child's bodily, mental, or emotional condition does not permit attendance at a 10 school and the child's parents do not elect to teach the child at home as permitted 11 under AS 14.30.010(b), the school district in which the child is located shall enroll the 12 child in public school and provide the child with special education and related services 13 in conformance with the child's [AN] individualized education program [UNDER 14 AS 14.30.278] at the child's home or at a medical treatment facility. 15 * Sec. 28. AS 14.30.347 is amended to read: 16 Sec. 14.30.347. Transportation of [EXCEPTIONAL] children with 17 disabilities. When transportation is required to be provided as a related service, a 18 child with a disability [SERVICES, AN EXCEPTIONAL CHILD] shall be 19 transported [CARRIED] with children who are not children with disabilities 20 [OTHER CHILDREN] if the district provides transportation to [OTHER] children in 21 the district, except when the nature of the physical or mental disability is such that it is 22 in the best interest of the [EXCEPTIONAL] child with a disability, as provided in 23 the child's individualized education program [DETERMINED BY THE SCHOOL 24 DISTRICT], that the child be transported separately. State reimbursement for 25 transportation of [EXCEPTIONAL] children with disabilities shall be as provided for 26 transportation of all other pupils except that eligibility for reimbursement is not 27 subject to restriction based on the minimum distance between the school and the 28 residence of the exceptional child with a disability. 29 * Sec. 29. AS 14.30.350(2) is repealed and reenacted to read: 30 (2) "child with a disability" means a child with one or more of the 31 following:
01 (A) mental retardation; 02 (B) learning disabilities; 03 (C) emotional disturbance; 04 (D) deafness; 05 (E) deaf-blindness; 06 (F) hearing impairment; 07 (G) orthopedic impairment; 08 (H) other health impairment; 09 (I) speech or language impairment; 10 (J) visual impairment; 11 (K) multiple disabilities; 12 (L) early childhood development delay; 13 (M) autism; 14 (N) traumatic brain injury; 15 * Sec. 30. AS 14.30.350(8) is repealed and reenacted to read: 16 (8) "parent" means a 17 (A) child's natural or adoptive parent; 18 (B) child's guardian, but not the state if the child is in the legal 19 custody of the state; 20 (C) person who is acting in the place of a child's natural or 21 adoptive parent, such as a grandparent or stepparent with whom the child lives, 22 or a person who is legally responsible for the child's welfare; and 23 (D) child's surrogate parent who has been appointed under 24 AS 14.30.325; 25 * Sec. 31. AS 14.30.350(9) is repealed and reenacted to read: 26 (9) "related services" means services described in 34 C.F.R. 300.24; 27 * Sec. 32. AS 14.30.350(10) is repealed and reenacted to read: 28 (10) "school district" means a borough school district, a city school 29 district, a regional educational attendance area, a state boarding school, and the state 30 centralized correspondence study program; 31 * Sec. 33. AS 14.30.350(11) is repealed and reenacted to read:
01 (11) "special education" means an educational program described in 34 02 C.F.R. 300.26; 03 * Sec. 34. AS 14.30.350 is amended by adding new paragraphs to read: 04 (12) "due process hearing" means a hearing conducted under 05 AS 14.30.193; 06 (13) "informed consent" means that 07 (A) a child's parent has been fully informed, in the parent's 08 native language or other mode of communication, of all information relevant to 09 the activity for which consent is sought; 10 (B) the parent understands and agrees in writing to the carrying 11 out of the activity for which the parent's consent is sought; 12 (C) the consent describes that activity and lists any records that 13 will be released and to whom; and 14 (D) the parent understands that the granting of consent is 15 voluntary on the part of the parent and may be revoked at any time. 16 * Sec. 35. AS 14.30 is amended by adding a new section to read: 17 Article 3A. Education for Gifted Children. 18 Sec. 14.30.352. Programs for gifted children. (a) Every school district shall 19 establish educational services for gifted children that provide for student identification, 20 student eligibility, student learning plans, and parental and student participation, 21 including an appropriate review process, consistent with regulations adopted by the 22 department. 23 (b) State reimbursement for transportation of gifted children shall be as 24 provided for transportation of all other pupils, except that eligibility for reimbursement 25 is not limited to transportation between the child's residence and the school, but shall 26 also include transportation between a school and another location of instruction as 27 routinely required by the gifted education program of the district. 28 * Sec. 36. AS 14.30.640 is amended to read: 29 Sec. 14.30.640. Eligibility for service. The services of the agency shall be 30 available to school districts that serve children whose special education needs occur 31 infrequently, who require specialized services not normally available in the school
01 district, and who cannot be easily served by local school district personnel because of 02 the low number of students in the district in need of the particular service. The agency 03 may provide services to a child with a disability [EXCEPTIONAL CHILDREN], as 04 that term is defined in AS 14.30.350. 05 * Sec. 37. AS 29.60.599(7) is amended to read: 06 (7) "school district" means a borough school district, a city school 07 district, or a regional educational attendance area under AS 14 [HAS THE 08 MEANING GIVEN IN AS 14.30.350]; 09 * Sec. 38. AS 44.21.410(a) is amended to read: 10 (a) The office of public advocacy shall 11 (1) perform the duties of the public guardian under AS 13.26.360 - 12 13.26.410; 13 (2) provide visitors and experts in guardianship proceedings under 14 AS 13.26.131; 15 (3) provide guardian ad litem services to children in child protection 16 actions under AS 47.17.030(e) and to wards and respondents in guardianship 17 proceedings who will suffer financial hardship or become dependent upon a 18 government agency or a private person or agency if the services are not provided at 19 state expense under AS 13.26.112; 20 (4) provide legal representation in cases involving judicial bypass 21 procedures for minors seeking abortions under AS 18.16.030, in guardianship 22 proceedings to respondents who are financially unable to employ attorneys under 23 AS 13.26.106(b), to indigent parties in cases involving child custody in which the 24 opposing party is represented by counsel provided by a public agency, to indigent 25 parents or guardians of a minor respondent in a commitment proceeding concerning 26 the minor under AS 47.30.775; 27 (5) provide legal representation and guardian ad litem services under 28 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 29 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 30 petitions for the termination of parental rights on grounds set out in 31 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor
01 under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under 02 AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for 03 protective orders on behalf of a minor; and in cases involving indigent persons who 04 are entitled to representation under AS 18.85.100 and who cannot be represented by 05 the public defender agency because of a conflict of interests; 06 (6) develop and coordinate a program to recruit, select, train, assign, 07 and supervise volunteer guardians ad litem from local communities to aid in delivering 08 services in cases in which the office of public advocacy is appointed as guardian ad 09 litem; 10 (7) provide guardian ad litem services in proceedings under 11 AS 12.45.046; 12 (8) establish a fee schedule and collect fees for services provided by 13 the office, except as provided in AS 18.85.120 or when imposition or collection of a 14 fee is not in the public interest as defined under regulations adopted by the 15 commissioner of administration; 16 (9) provide visitors and guardians ad litem in proceedings under 17 AS 47.30.839; 18 (10) provide legal representation to an indigent parent of a child with 19 a disability; in this paragraph, "child with a disability" has the meaning given in 20 AS 14.30.350 [PARENTS UNDER AS 14.30.195(e)]. 21 * Sec. 39. AS 47.80.090(9) is amended to read: 22 (9) provide information and guidance for the development of 23 appropriate special educational programs and services for a child with a disability 24 [EXCEPTIONAL CHILDREN] as defined in AS 14.30.350; 25 * Sec. 40. AS 47.80.900(6) is amended to read: 26 (6) "person with a handicap" means a person with a developmental 27 disability as defined in (7) of this section or a person who is hard of hearing, deaf, 28 speech impaired, visually handicapped, seriously emotionally disturbed, 29 orthopedically or otherwise health impaired, or who has a specific learning disability; 30 the term includes a child with a disability [BUT IS NOT LIMITED TO 31 "EXCEPTIONAL CHILDREN"] as defined in AS 14.30.350;
01 * Sec. 41. AS 14.30.186(b), 14.30.195, 14.30.315(b), 14.30.350(3), 14.30.350(5), 02 14.30.350(6), and 14.30.350(7) are repealed. 03 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: REGULATIONS. (a) The state Board of Education and Early 06 Development may immediately proceed to adopt regulations necessary to implement the 07 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 08 Procedure Act), but not before the effective date of the statutory change. 09 (b) To the extent they are not inconsistent with the statutory changes made by this 10 Act, regulations adopted by the state Board of Education and Early Development and in effect 11 on July 1, 2001, continue in effect until amended or repealed by the board, and may be 12 enforced and implemented. 13 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 REVISOR'S INSTRUCTIONS. The revisor of statutes is requested to change the 16 following: 17 (1) the heading of Article 3 of AS 14.30 from "Education For Exceptional 18 Children" to "Education for Children With Disabilities"; 19 (2) the catchline of AS 14.30.285 from "Transfers of exceptional children" to 20 "Transfers of children with disabilities." 21 * Sec. 44. Section 42(a) of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 45. Except as provided in sec. 44 of this Act, this Act takes effect July 1, 2001.