Legislature(1999 - 2000)
2000-01-20 Senate Journal
Full Journal pdf2000-01-20 Senate Journal Page 2012 SB 205 SENATE BILL NO. 205 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the education of exceptional children; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. Zero fiscal note published today from Department of Education and Early Development. Governors transmittal letter dated January 19: 2000-01-20 Senate Journal Page 2013 SB 205 Dear President Pearce: Alaska's responsibility of providing quality education for our children extends to all children, including those with special needs. The bill I transmit today clarifies the state's role in the education of our exceptional children. In 1997 Congress reauthorized the Individuals with Disabilities Education Act (IDEA) which took effect this past July. State law and regulations contain inconsistencies that restrict our compliance with the federal program while creating confusion between the state Department of Education and Early Development (department) and individual school districts. This bill repeals those inconsistent state laws, brings the state into compliance with the intent of Congress, and offers clear guidance and assistance to school districts in delivering services to special education students. Alaska law presently requires that a school district provide special education services to children with disabilities who reside in the district. But state law also exempts students from compulsory attendance at the public school in a student's home district if the student is enrolled in an alternative program. The result is that the district of residence, which has the legal responsibility to provide special education services, may not be able to provide the services because the child has not enrolled at a school in the district, and the district may know nothing about the child. The bill corrects this problem by properly identifying the district of enrollment as the entity responsible for providing special education programs to children with disabilities. The department recognizes that under some circumstances, like enrollment in a statewide correspondence program provided by a district located far from the student's home, the program may have to be creative in providing the required services to a special education student. It may, for example, have to contract with the student's home district for assistance in providing those services, or may have to make other arrangements. 2000-01-20 Senate Journal Page 2014 SB 205 Present state law also provides that services for "exceptional children" include programs for gifted and talented children along with programs for children with disabilities. Federal money is available for children with disabilities but cannot be used for gifted and talented programs. To be consistent with federal policy, this bill separates special education requirements from offerings for gifted and talented children, while retaining the requirement that school districts provide programs for gifted and talented children. The department will adopt regulations to assist school districts in meeting this requirement. The bill also clarifies the method by which hearing officers are appointed to address appeals of special education issues. It requires the department to maintain a list of qualified hearing officers, establish criteria by which persons may be qualified, and provide appropriate training to them. As part of Alaska's commitment to quality education of our young people, I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles