SB 40: "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; making conforming amendments; and providing for an effective date."
00 SENATE BILL NO. 40 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; making 03 conforming amendments; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.16.050(a)(4) is amended to read: 06 (4) requirements relating to students and educational programs: 07 (A) AS 14.30.180 - 14.30.350 (relating to educational services 08 for [EXCEPTIONAL] children with disabilities; 09 (B) AS 14.30.351 - 14.30.359 (relating to educational 10 services for gifted children); 11 (C) AS 14.30.360 - 14.30.370 (establishing health education 12 program standards); 13 (D) [(C)] AS 14.30.400 - 14.30.410 (relating to bilingual and 14 bicultural education).
01 * Sec. 2. AS 14.30.180 is amended to read: 02 Sec. 14.30.180. Purpose. It is the purpose of AS 14.30.180 - 14.30.350 to 03 (1) provide an appropriate public education for each child with a 04 disability [EXCEPTIONAL CHILDREN] in the state who is [ARE] at least three 05 years of age but less than 22 years of age; 06 (2) allow procedures and actions necessary to comply with the 07 requirements of federal law, including 20 U.S.C. 1400 - 1487 [20 U.S.C. 1400 - 1485] 08 (Individuals with Disabilities Education Act), as amended. 09 * Sec. 3. AS 14.30.186(a) is amended to read: 10 (a) Special education and related services shall be provided 11 (1) by a borough or city school district, for a child with a disability 12 residing within the district; 13 (2) by the board of a regional educational attendance area operating 14 a school in the area, for a child with a disability residing in the area served by the 15 school; 16 (3) by the borough, city school district, or regional educational 17 attendance area in which a treatment facility, or a correctional or youth detention 18 facility is located, for a child with a disability placed at the facility; 19 (4) by a state boarding school established under AS 14.16, for a child 20 with a disability enrolled at the state boarding school; or 21 (5) by a school district that provides a statewide correspondence 22 study program, for a child with a disability who is enrolled in the program [A 23 BOROUGH OR CITY SCHOOL DISTRICT SHALL PROVIDE SPECIAL 24 EDUCATION AND RELATED SERVICES FOR EXCEPTIONAL CHILDREN 25 RESIDING IN THE DISTRICT]. 26 * Sec. 4. AS 14.30.186(e) is amended to read: 27 (e) A child with a disability [EXCEPTIONAL CHILDREN BEING 28 EDUCATED AS PROVIDED UNDER AS 14.30.010(b) MAY RECEIVE SPECIAL 29 EDUCATION AND RELATED SERVICES AS PROVIDED UNDER 30 AS 14.30.180 - 14.30.350. THE EXCEPTIONAL CHILD] of a parent who elects to 31 educate the child as allowed under AS 14.30.010(b) may not be compelled to receive
01 the special education and related services provided under AS 14.30.180 - 14.30.350. 02 * Sec. 5. AS 14.30.186 is amended by adding a new subsection to read: 03 (f) The department shall establish standards in regulations for the allocation of 04 financial responsibilities and the coordination of the provision of special education and 05 related services among the educational agencies listed in (a) of this section when more 06 than one educational agency is responsible to provide those services. 07 * Sec. 6. AS 14.30.191(a) is amended to read: 08 (a) A school district shall obtain the written informed consent of the child's 09 parent before an initial evaluation or placement of a child with a disability in a 10 program of special education and related services. 11 * Sec. 7. AS 14.30.191(b) is amended to read: 12 (b) After initial placement in a program of special education and related 13 services and not less than once every three years for as long as the child is assigned to 14 the program, a [AN EXCEPTIONAL] child with a disability shall receive an 15 educational evaluation [FOR THE IDENTIFICATION AND CLASSIFICATION OF 16 EXCEPTIONAL CHILDREN]. 17 * Sec. 8. AS 14.30.191(c) is amended to read: 18 (c) Before a school district initiates or refuses a change in the [A CHILD'S] 19 placement or educational program of a child with a disability, the district shall 20 notify the child's parent. 21 * Sec. 9. AS 14.30.191(d) is amended to read: 22 (d) Upon completion of an [THE] evaluation or reevaluation under this 23 section [AND BEFORE PLACEMENT], the school district shall provide to the parent 24 of each [EXCEPTIONAL] child evaluated under this section an opportunity to 25 participate in the determination of the child's eligibility for special education and 26 related services, [FOR CONSULTATION ABOUT THE EVALUATION. A 27 CONSULTATION MUST BE AVAILABLE AFTER EACH REEVALUATION OF 28 THE CONDITION] and to participate in the determination of the educational 29 placement of the [EXCEPTIONAL] child if the child is determined to be eligible for 30 special education and related services. 31 * Sec. 10. AS 14.30.191 is amended by adding new subsections to read:
01 (h) A school district shall provide written notice of its decision under this 02 section to the parent of the child. The notice shall include a description of the 03 procedural safeguards available to that parent and child under federal law. 04 (i) In this section, "hearing" means a due process hearing under AS 14.30.193. 05 * Sec. 11. AS 14.30.193 is repealed and reenacted to read: 06 Sec. 14.30.193. Due process hearing. (a) A school district or a parent of a 07 child with a disability may request a due process hearing on any issue related to 08 identification, evaluation, or educational placement of the child, or the provision of a 09 free, appropriate, public education to the child. A request is made by providing written 10 notice to the other party to the hearing. A request by a parent for a due process hearing 11 under this section must be made not later than 12 months after the date that the school 12 district provides the parent with written notice of the decision with which the parent 13 disagrees. A school district shall make its request for a due process hearing in 14 accordance with the time limit established in regulations of the department. 15 (b) If a due process hearing is requested by either a school district or a parent, the 16 school district shall contact the department to request appointment of an available hearing 17 officer. The department shall select a hearing officer through a random selection process, 18 from a list maintained by the department under (g) of this section. Within five working 19 days after receipt of the request, the department shall provide to the district and the parent 20 a notice of appointment, including the name, and a statement of qualifications, of the 21 hearing officer that the department determines is available to conduct the hearing. 22 (c) The school district and the parent each have the right to reject, without 23 statement of cause, one hearing officer appointed under this section. The rejecting party 24 shall notify the department of that rejection in writing within five days after receipt of the 25 department's notice of appointment. If a hearing officer is rejected under this subsection, 26 the department shall, within five working days after receipt of the written rejection, 27 provide a notice of appointment, including the name and a statement of qualifications, of 28 another hearing officer that the department determines is available to conduct the 29 hearing. Each appointment is subject to a right of rejection under this subsection by a 30 party who has not previously rejected an appointment. 31 (d) After a hearing officer is appointed and the time for rejection under (c) of
01 this section has expired, the hearing officer shall immediately inform the parent and 02 the school district of the availability of the mediation process provided under 03 AS 14.30.194 and encourage use of that process to attempt to resolve the disagreement 04 between the parent and the school district. If the mediation process does not result in 05 settlement of all of the issues, the hearing officer shall conduct a hearing in 06 conformance with the requirements of federal law, including 34 CFR 300.507 - 509, 07 as amended. After the hearing is completed, the hearing officer shall issue a written 08 decision that 09 (1) upholds the school district's decision; or 10 (2) overturns the school district's decision with specific instructions for 11 modification of the identification, evaluation, educational placement, or provision of the 12 education program by the district. 13 (e) A hearing officer's decision under this section is final and binding on the 14 school district and parent, unless appealed under (f) of this section. Notwithstanding a 15 decision by the hearing officer, a child may not be evaluated, placed, transferred, or 16 compelled to receive special education or related services from the school district until 17 the period for filing an appeal under (f) of this section has expired or, if an appeal is 18 filed, until the appellate review process has been completed. 19 (f) A hearing officer's decision under this section is a final administrative 20 order, subject to appeal to the superior court for review in the manner provided under 21 AS 44.62.560. 22 (g) The department shall maintain a list of qualified hearing officers. The 23 department shall provide for qualification of hearing officers through a training 24 program that is open to all individuals who meet the criteria set by the department by 25 regulation. The list of qualified hearing officers shall be maintained as a public 26 record. 27 (h) For purposes of this section, a student with a disability aged 18 - 21 has the 28 same rights and obligations under this section as a parent of a child with a disability. 29 * Sec. 12. AS 14.30 is amended by adding a new section to read: 30 Sec. 14.30.194. Mediation. (a) The department shall, by regulation, 31 establish and implement a voluntary mediation process in conformance with the
01 requirements of federal law, including 34 CFR 300.506, as amended. The department 02 shall encourage the use of mediation for settlement of disputes under AS 14.30.180 - 03 14.30.350. 04 (b) The department shall maintain a list of individuals who are qualified 05 mediators knowledgeable in the federal and state statutes and regulations relating to 06 the provision of special education and related services. The department shall provide 07 for qualification of mediators through a training program that is open to all individuals 08 who meet the criteria set by the department by regulation. 09 * Sec. 13. AS 14.30.231 is amended to read: 10 Sec. 14.30.231. Advisory panel [COMMITTEE]. The Governor's Council 11 on Disabilities and Special Education established under AS 47.80 shall serve as the 12 state [AN] advisory panel [COMMITTEE], the function of which is to provide 13 information and guidance for the development of appropriate programs of special 14 education and related services for [EXCEPTIONAL] children with disabilities. 15 * Sec. 14. AS 14.30.250 is amended to read: 16 Sec. 14.30.250. Teacher qualifications. A person may not be employed as a 17 teacher of [EXCEPTIONAL] children with disabilities unless that person possesses a 18 valid teacher certificate and, in addition, such training as the department may require 19 by regulation. 20 * Sec. 15. AS 14.30.270 is amended to read: 21 Sec. 14.30.270. Substitutes. AS 14.30.250 does not prohibit the employment 22 of a person, otherwise qualified to serve as a substitute teacher, to serve as a substitute 23 teacher of [EXCEPTIONAL] children with disabilities. 24 * Sec. 16. AS 14.30.272 is amended to read: 25 Sec. 14.30.272. Procedural safeguards. (a) A school district shall inform 26 the parent of a [AN EXCEPTIONAL] child with a disability of the right to review the 27 child's educational record, to review evaluation tests and procedures, to refuse to 28 permit evaluation or a change in the child's educational placement, to be informed of 29 the results of evaluation, to obtain an independent evaluation by choosing a person 30 from a list provided by the district or by choosing a person by agreement between the 31 parent and school district, to request a due process [AN IMPARTIAL] hearing, to
01 appeal a hearing officer's decision, and to give consent or deny access to others to the 02 child's educational record. 03 (b) The department shall establish, by regulation, impartial procedures for a 04 school district to follow for due process hearings [UNDER AS 14.30.193] to comply 05 with requirements necessary to participate in federal grant-in-aid programs, including 06 20 U.S.C. 1400 - 1487 [20 U.S.C. 1400 - 1485] (Individuals with Disabilities 07 Education Act) , as amended. 08 * Sec. 17. AS 14.30.274 is amended to read: 09 Sec. 14.30.274. Identification of [EXCEPTIONAL] children with 10 disabilities. Each school district shall establish and implement written procedures to 11 ensure that all [EXCEPTIONAL] children with disabilities under the age of 22 for 12 whom the agency is responsible under AS 14.30.186 to provide special education 13 and related services [WHO RESIDE IN THE DISTRICT] are identified and located 14 for the purpose of establishing their need for special education and related services. 15 * Sec. 18. AS 14.30.276 is amended to read: 16 Sec. 14.30.276. Least restrictive environment. Each school district shall 17 ensure that to the maximum extent appropriate, [EXCEPTIONAL] children with 18 disabilities, including children in public or private institutions or other care facilities, 19 are educated with children who are not children with disabilities [EXCEPTIONAL] 20 and that special classes, separate schooling, or other removal of [EXCEPTIONAL] 21 children with disabilities from the regular educational environment occurs only when 22 the nature or severity of the child's disability [EXCEPTIONALITY] is such that 23 education in regular classes with the use of supplementary aids and services cannot be 24 achieved satisfactorily. 25 * Sec. 19. AS 14.30.278 is amended to read: 26 Sec. 14.30.278. Individualized education program. A school district shall 27 develop an individualized education program for special education and related 28 services for each eligible child with a disability. The plan must be completed no 29 later than 30 days after the determination of the child's eligibility. Each 30 individualized education program shall be developed and periodically reviewed 31 and revised as necessary in conformance with federal requirements, including 34
01 CFR 300.340 - 350, as amended [(a) THE INDIVIDUALIZED EDUCATION 02 PROGRAM FOR EACH EXCEPTIONAL CHILD MUST INCLUDE 03 (1) A STATEMENT OF THE CHILD'S PRESENT LEVELS OF 04 EDUCATIONAL PERFORMANCE; 05 (2) A STATEMENT OF ANNUAL GOALS, INCLUDING SHORT 06 TERM INSTRUCTIONAL OBJECTIVES; 07 (3) A STATEMENT OF THE SPECIFIC SPECIAL EDUCATION 08 AND RELATED SERVICES TO BE PROVIDED TO THE CHILD, AND THE 09 EXTENT TO WHICH THE CHILD WILL BE ABLE TO PARTICIPATE IN 10 REGULAR EDUCATIONAL PROGRAMS; 11 (4) THE PROJECTED DATES FOR INITIATION OF SERVICES 12 AND THE ANTICIPATED DURATION OF THE SERVICES; 13 (5) APPROPRIATE OBJECTIVE CRITERIA AND EVALUATION 14 PROCEDURES AND SCHEDULES FOR DETERMINING, ON AT LEAST AN 15 ANNUAL BASIS, WHETHER THE SHORT TERM INSTRUCTIONAL 16 OBJECTIVES ARE BEING ACHIEVED. 17 (b) EACH MEETING CONCERNING AN EXCEPTIONAL CHILD MUST 18 INCLUDE 19 (1) A REPRESENTATIVE OF THE SCHOOL DISTRICT, OTHER 20 THAN THE CHILD'S TEACHER, WHO IS QUALIFIED TO PROVIDE OR 21 SUPERVISE THE PROVISION OF SPECIAL EDUCATION; 22 (2) THE CHILD'S TEACHER; 23 (3) AT LEAST ONE OF THE CHILD'S PARENTS; 24 (4) THE CHILD, WHEN APPROPRIATE; 25 (5) OTHER INDIVIDUALS SELECTED BY THE PARENT OR 26 SCHOOL DISTRICT. 27 (c) EACH SCHOOL DISTRICT SHALL DEVELOP AN INDIVIDUALIZED 28 EDUCATION PROGRAM FOR EVERY EXCEPTIONAL CHILD WHO 29 RECEIVES SERVICES OR WHOSE PARENT REQUESTS SERVICES UNDER 30 AS 14.30.180 - 14.30.350]. 31 * Sec. 20. AS 14.30.285(a) is amended to read:
01 (a) The department shall institute a statewide program for the education of 02 [EXCEPTIONAL] children with disabilities, to ensure that whenever possible 03 children are educated in the state at locations in or near their resident school district. 04 * Sec. 21. AS 14.30.285(b) is amended to read: 05 (b) An identified [EXCEPTIONAL] child with a disability may be sent to an 06 educational program or residential school outside the child's community or school 07 district if the child resides in a community or school district where an appropriate 08 educational program cannot reasonably be made available and if the school district 09 [DEPARTMENT] determines that provision of special education and related services 10 in another educational program or residential school is appropriate. If the school 11 district approves [AND THE DEPARTMENT APPROVE] the enrollment of a [THE 12 EXCEPTIONAL] child with a disability in another educational program or 13 residential school outside the child's community or school district and the child is 14 enrolled, the child's education expenses shall be paid as follows: 15 (1) except as otherwise provided by (2) of this subsection, the sending 16 district shall pay all costs associated with the transfer; 17 (2) the department may provide financial assistance to the school 18 district for a child's education provided for in (1) of this subsection under regulations 19 adopted by the department. 20 * Sec. 22. AS 14.30.285(e) is amended to read: 21 (e) The educational assessment of a [AN EXCEPTIONAL] child with a 22 disability that indicates that the educational program that is locally available is 23 inappropriate for the needs of the child must conform to the standards set out in 24 AS 14.30.191. 25 * Sec. 23. AS 14.30.285(f) is amended to read: 26 (f) A school district shall obtain informed [THE] consent of the child's parent 27 before a child may be transferred to a school outside the district in which the child 28 resides. 29 * Sec. 24. AS 14.30.285(g) is amended to read: 30 (g) The withholding of informed consent by a parent [OR 31 DEPARTMENTAL APPROVAL] for the transfer of a [AN EXCEPTIONAL] child
01 with a disability under this section does not relieve a school district of the obligation 02 to provide special education and related services to the [AN EXCEPTIONAL] child 03 [UNDER AS 14.30.186]. 04 * Sec. 25. AS 14.30.325(a) is amended to read: 05 (a) The department shall [MAY] by regulation provide for the appointment of 06 surrogate parents to represent a child with a disability [EXCEPTIONAL 07 CHILDREN] in matters relating to the provision of an appropriate public education. 08 * Sec. 26. AS 14.30.335 is amended to read: 09 Sec. 14.30.335. Eligibility for federal funds. Notwithstanding any other 10 provision of AS 14.30.180 - 14.30.350, the department may do all things necessary to 11 qualify for federal funds that are available to the state for the education of 12 [EXCEPTIONAL] children with disabilities. 13 * Sec. 27. AS 14.30.340 is amended to read: 14 (a) If a parent of a [AN EXCEPTIONAL] child with a disability enrolls the 15 child in a private school, including a religious school, at the parent's expense or 16 teaches the child at home, the school district in which the child resides [IS 17 LOCATED] shall make special education and related services available in 18 conformance with federal requirements, including 34 CFR 300.450 - 462, as 19 amended. Parents teaching their children at home may refuse special education 20 and related services for their children [AN INDIVIDUALIZED EDUCATION 21 PROGRAM UNDER AS 14.30.278]. 22 (b) If a physician certifies in writing, and if the child's individualized 23 education program under AS 14.30.278 then provides [TEAM THEN 24 DETERMINES] that a child's bodily, mental, or emotional condition does not permit 25 attendance at a school and the child's parents do not elect to teach the child at home as 26 permitted under AS 14.30.010(b), the school district in which the child is located shall 27 enroll the child in public school and provide the child with special education and 28 related services in conformance with the child's [AN] individualized education 29 program [UNDER AS 14.30.278] at the child's home or at a medical treatment facility. 30 * Sec. 28. AS 14.30.347 is amended to read: 31 Sec. 14.30.347. Transportation of [EXCEPTIONAL] children with
01 disabilities. When transportation is required to be provided as a related service 02 [SERVICES], a child with a disability [AN EXCEPTIONAL CHILD] shall be 03 transported [CARRIED] with children who are not children with disabilities 04 [OTHER CHILDREN] if the district provides transportation to [OTHER] children in 05 the district, except when the nature of the physical or mental disability is such that it is 06 in the best interest of the [EXCEPTIONAL] child with a disability, as provided in 07 the child's individualized education program [DETERMINED BY THE SCHOOL 08 DISTRICT], that the child be transported separately. State reimbursement for 09 transportation of [EXCEPTIONAL] children with disabilities shall be as provided for 10 transportation of all other pupils except that eligibility for reimbursement is not 11 subject to restriction based on the minimum distance between the school and the 12 residence of the [EXCEPTIONAL] child with a disability. 13 * Sec. 29. AS 14.30.350(2) is repealed and reenacted to read: 14 (2) "child with a disability" means a child with one or more of the 15 following: 16 (A) mental retardation; 17 (B) learning disabilities; 18 (C) emotional disturbance; 19 (D) deafness; 20 (E) deaf-blindness; 21 (F) hearing impairment; 22 (G) orthopedic impairment; 23 (H) other health impairment; 24 (I) speech impairment; 25 (J) visual impairment; 26 (K) multiple disabilities; 27 (L) early childhood development delay; 28 (M) autism; 29 (N) traumatic brain injury; 30 * Sec. 30. AS 14.30.350(8) is repealed and reenacted to read: 31 (8) "parent" means a
01 (A) child's natural or adoptive parent; 02 (B) child's guardian, but not the state if the child is in the legal 03 custody of the state; 04 (C) person who is acting in the place of a child's natural or 05 adoptive parent, such as a grandparent or stepparent with whom the child lives, 06 or a person who is legally responsible for the child's welfare; and 07 (D) child's surrogate parent who has been appointed under 08 AS 14.30.325; 09 * Sec. 31. AS 14.30.350(9) is repealed and reenacted to read: 10 (9) "related services" means services that are considered as "related 11 services" in 34 CFR 300.24, as amended; 12 * Sec. 32. AS 14.30.350(10) is repealed and reenacted to read: 13 (10) "school district" means a borough school district, a city school 14 district, a regional educational attendance area, a state boarding school, and the state 15 centralized correspondence study program; 16 * Sec. 33. AS 14.30.350(11) is repealed and reenacted to read: 17 (11) "special education" means an educational program that is 18 considered as "special education" in 34 CFR 300.26, as amended; 19 * Sec. 34. AS 14.30.350 is amended by adding new paragraphs to read: 20 (12) "due process hearing" means a hearing conducted under 21 AS 14.30.193; 22 (13) "informed consent" means that 23 (A) a child's parent has been fully informed, in the parent's 24 native language or other mode of communication, of all information relevant to 25 the activity for which consent is sought; 26 (B) the parent understands and agrees in writing to the carrying 27 out of the activity for which the parent's consent is sought; 28 (C) the consent describes that activity and lists any records that 29 will be released and to whom; and 30 (D) the parent understands that the granting of consent is 31 voluntary on the part of the parent and may be revoked at any time.
01 * Sec. 35. AS 14.30 is amended by adding new sections to read: 02 Article 3A. Education for Gifted Children. 03 Sec. 14.30.351. Purpose. It is the purpose of AS 14.30.351 - 14.30.359 to 04 provide an appropriate education for each gifted child who enrolls in a public school 05 in the state. 06 Sec. 14.30.352. Coverage. Each school district shall establish a program for 07 identification of and provision of educational services to gifted children who enroll in the 08 schools of the district. 09 Sec. 14.30.353. Identification, evaluation, and placement of gifted children. 10 (a) Each school district shall establish and implement written procedures to ensure 11 that all gifted children who enroll in public school in the district are identified and 12 located for the purpose of establishing their need for a gifted education program. 13 (b) A school district shall obtain the written informed consent of the child's 14 parent before an initial evaluation or placement in a gifted education program. 15 (c) After initial placement in a gifted education program and not less than 16 once every three years for as long as the child is assigned to the program, a gifted 17 child shall receive an educational evaluation for the identification of gifted children. 18 (d) Before a school district initiates or refuses a change in a child's placement 19 or program, the school district shall notify the child's parent. 20 (e) Upon completion of the evaluation and before placement, the school 21 district shall provide to the parent of each gifted child an opportunity for consultation 22 about the evaluation. A consultation must be available after each reevaluation of the 23 condition and placement of the gifted child. 24 (f) A parent may obtain an independent educational evaluation by choosing a 25 person from a list provided by the school district or by choosing a person by 26 agreement between the parent and the school district, at the expense of the school 27 district, if the parent disagrees with an evaluation obtained by the school district. The 28 school district may initiate a due process hearing under AS 14.30.357 to show that its 29 evaluation is appropriate. If the hearing officer determines that the evaluation is 30 appropriate, the school district is not be required to pay for the independent 31 educational evaluation.
01 (g) If the parent obtains an independent educational evaluation at private 02 expense, the results of the evaluation 03 (1) must be considered by the school district in a decision made with 04 respect to the provision of an appropriate gifted education program to the child; and 05 (2) may be presented as evidence at a due process hearing regarding 06 the child. 07 (h) If a hearing officer requests an independent educational evaluation as part 08 of a due process hearing, the school district shall pay for the evaluation. 09 (i) A school district shall provide written notice of its decisions under this 10 section to the parent of the child. The notice shall include a description of the 11 procedural safeguards available under AS 14.30.356. 12 Sec. 14.30.354. Individualized gifted education program. (a) Each school 13 district shall provide for the development of an individualized gifted education 14 program for each gifted child that includes 15 (1) a statement of the child's present levels of educational 16 performance; 17 (2) a statement of annual goals, including short-term instructional 18 objectives; 19 (3) a statement of the specific gifted education services to be provided 20 to the child and the extent to which the child will be able to participate in regular 21 educational programs; 22 (4) the projected dates for initiation of services and the anticipated 23 duration of the services; and 24 (5) appropriate objective criteria and evaluation procedures and 25 schedules for determining, on at least an annual basis, whether the short-term 26 instructional objectives are being achieved. 27 (b) The persons invited to participate in each meeting to develop the program 28 under (a) of this section must include 29 (1) a representative of the school district, other than the child's teacher, 30 who is qualified to provide or supervise the provision of gifted education; 31 (2) the child's teacher;
01 (3) at least one of the child's parents; 02 (4) the child, if appropriate; and 03 (5) other individuals selected by the parent or school district. 04 Sec. 14.30.355. Least restrictive environment. Each school district shall 05 ensure that to the maximum extent appropriate, gifted children are educated with 06 children who are not gifted and that special classes, separate schooling, or other 07 removal of gifted children from the regular educational environment occurs only when 08 education in regular classes with the use of supplementary aids and services cannot be 09 achieved satisfactorily. 10 Sec. 14.30.356. Procedural safeguards. A school district shall inform the 11 parent of gifted child of the following procedural safeguard rights: 12 (1) to review the child's educational record; 13 (2) to review evaluation tests and procedures; 14 (3) to refuse to permit evaluation or a change in the child's educational 15 placement; 16 (4) to be informed of the results of evaluation; 17 (5) to obtain an independent evaluation by choosing a person from a 18 list provided by the school district or by choosing a person by agreement between the 19 parent and school district; 20 (6) to request an impartial hearing; 21 (7) to appeal a hearing officer's decision; and 22 (8) to give consent or deny access to others to the child's educational 23 record. 24 Sec. 14.30.357. Due process hearing. (a) A school district or a parent of a 25 gifted child may request a due process hearing on any issue related to identification, 26 evaluation, or educational placement of the child, or the provision of a free, appropriate, 27 public education to the child. A request is made by providing written notice to the other 28 party to the hearing. A request for a due process hearing under this section must be made 29 not later than 12 months after the date that the school district provides the parent with 30 written notice of the decision with which the parent disagrees. 31 (b) If a due process hearing is requested by either a school district or a parent, the
01 school district shall contact the department to request appointment of an available hearing 02 officer. The department shall select a hearing officer through a random selection process, 03 from a list maintained by the department. Within five working days after receipt of the 04 request, the department shall provide to the district and the parent a notice of 05 appointment, including the name, and a statement of qualifications, of the hearing officer 06 that the department determines is available to conduct the hearing. 07 (c) The school district and the parent each have the right to reject, without 08 statement of cause, one hearing officer appointed under this section. The rejecting party 09 shall notify the department of that rejection in writing within five days after receipt of the 10 department's notice of appointment. If a hearing officer is rejected under this subsection, 11 the department shall, within five working days after receipt of the written rejection, 12 provide a notice of appointment, including the name and a statement of qualifications, of 13 another hearing officer that the department determines is available to conduct the 14 hearing. Each appointment is subject to a right of rejection under this subsection by a 15 party who has not previously rejected an appointment. 16 (d) After a hearing officer is appointed and the time for rejection under (c) of 17 this section has expired, the hearing officer shall conduct an informal prehearing 18 settlement conference and attempt to resolve the disagreement between the parent and 19 the school district. If the conference does not result in settlement of all of the issues 20 and a hearing is conducted, the hearing officer shall issue a written decision after the 21 hearing is completed that 22 (1) upholds the school district's decision; or 23 (2) overturns the school district's decision with specific instructions for 24 modification of the identification, evaluation, educational placement, or provision of the 25 education program by the district. 26 (e) 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 Sec. 14.30.358. Teacher qualifications; substitutes. A person may not be 30 employed as a teacher of gifted children unless that person possesses a valid teacher 31 certificate and, in addition, any training the department requires by regulation. This
01 section does not prohibit the employment of a person, otherwise qualified to serve as a 02 substitute teacher, to serve as a substitute teacher of gifted children. 03 Sec. 14.30.359. Definitions. Unless the context otherwise requires, in 04 AS 14.30.351 - 14.30.359, 05 (1) "appropriate education" means personalized instruction with 06 sufficient support services to permit a child to benefit educationally from the 07 instruction; 08 (2) "due process hearing" means a hearing under AS 14.30.357; 09 (3) "educational records" means those files, documents, records, and 10 other material that contain information directly related to a student and are maintained 11 by a school district or a person acting for a school district; "educational records" does 12 not include the personnel records of the school district that are maintained in the 13 normal course of business, that relate exclusively to a person's capacity as an 14 employee, or other records as designated by the department in regulation; 15 (4) "gifted children" means children who exhibit outstanding intellect, 16 ability, or creative talent as determined under regulations adopted by the department; 17 (5) "gifted education" means specially designed instruction, at no cost 18 to the parent, to meet the unique needs of gifted children; in this paragraph "at no cost" 19 means that all specially designed instruction is provided without charge but does not 20 preclude incidental fees that are normally charged to students who are not gifted 21 children or their parents as a part of the regular education program; 22 (6) "informed consent" means that 23 (A) a child's parent has been fully informed, in the parent's 24 native language or other mode of communication, of all information relevant to 25 the activity for which consent is sought; 26 (B) the parent understands and agrees in writing to the carrying 27 out of the activity for which the parent's consent is sought; 28 (C) the consent describes that activity and lists any records that 29 will be released and to whom; and 30 (D) the parent understands that the granting of consent is 31 voluntary on the part of the parent and may be revoked at any time;
01 (7) "school district" means a borough school district, a city school 02 district, a regional educational attendance area, a state boarding school, and the state 03 centralized correspondence study program. 04 * Sec. 36. AS 14.30.640 is amended to read: 05 Sec. 14.30.640. Eligibility for service. The services of the agency shall be 06 available to school districts that serve children whose special education needs occur 07 infrequently, who require specialized services not normally available in the school 08 district, and who cannot be easily served by local school district personnel because of 09 the low number of students in the district in need of the particular service. The agency 10 may provide services to [EXCEPTIONAL] children with disabilities, as that term is 11 defined in AS 14.30.350. 12 * Sec. 37. AS 29.60.599(7) is amended to read: 13 (7) "school district" means a borough school district, a city school 14 district, or a regional educational attendance area under AS 14 [HAS THE 15 MEANING GIVEN IN AS 14.30.350]; 16 * Sec. 38. AS 47.80.090(9) is amended to read: 17 (9) provide information and guidance for the development of 18 appropriate special educational programs and services for [EXCEPTIONAL] children 19 with disabilities as defined in AS 14.30.350 and gifted children as defined in 20 AS 14.30.359; 21 * Sec. 39. AS 47.80.900(6) is amended to read: 22 (6) "person with a handicap" means a person with a developmental 23 disability as defined in (7) of this section or a person who is hard of hearing, deaf, 24 speech impaired, visually handicapped, seriously emotionally disturbed, 25 orthopedically or otherwise health impaired, or who has a specific learning disability; 26 the term includes children with disabilities [BUT IS NOT LIMITED TO 27 "EXCEPTIONAL CHILDREN"] as defined in AS 14.30.350; 28 * Sec. 40. AS 14.30.186(b), 14.30.193(b), 14.30.195, 14.30.315(b), 14.30.350(3), 29 14.30.350(5), 14.30.350(6), and 14.30.350(7) are repealed. 30 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 REVISOR'S INSTRUCTIONS. The revisor of statutes is requested to change the 02 following: 03 (1) the heading of Article 3 of AS 14.30 from "Education For Exceptional 04 Children" to "Education For Children With Disabilities;" 05 (2) the heading of AS 14.30.193 from "School district hearings" to "Due 06 process hearings"; 07 (3) the heading of AS 14.30.285 from "Transfers of exceptional children" to 08 "Transfers of children with disabilities". 09 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: REGULATIONS. (a) Notwithstanding sec. 44 of this Act, the state 12 Board of Education and Early Development may immediately proceed to adopt regulations 13 necessary to implement the changes made by this Act. The regulations take effect under 14 AS 44.62 (Administrative Procedure Act), but not before the effective date of the statutory 15 change. 16 (b) To the extent they are not inconsistent with the statutory changes made by this 17 Act, regulations adopted by the state Board of Education and Early Development and in effect 18 on July 1, 2001 continue in effect until amended or repealed by the board, and may be 19 enforced and implemented. 20 * Sec. 43. Section 42(a) of this Act takes effect immediately under AS 01.10.070(c). 21 * Sec. 44. Except as provided in sec. 43 of this Act, this Act takes effect July 1, 2001.