Legislature(2015 - 2016)BUTROVICH 205

03/10/2016 03:30 PM Senate EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 76 GOV COUNCIL ON DISABILITIES/SPECIAL ED TELECONFERENCED
Heard & Held
-- Public Testimony --
+= SB 190 EXEMPTION FROM POST-SECONDARY ED REGS TELECONFERENCED
Heard & Held
-- Public Testimony --
+= SB 191 LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS TELECONFERENCED
Heard & Held
-- Public Testimony --
          HB 76-GOV COUNCIL ON DISABILITIES/SPECIAL ED                                                                      
                                                                                                                                
3:48:29 PM                                                                                                                    
CHAIR DUNLEAVY announced  the consideration of HB 76.  He said it                                                               
has a zero fiscal note.                                                                                                         
                                                                                                                                
GRACE ABBOTT, Staff, Representative Charisse Millett, Alaska                                                                    
State Legislature, introduced HB 76 on behalf of the sponsor.                                                                   
She read the sponsor statement:                                                                                                 
                                                                                                                                
     The mission  of the Governor's Council  on Disabilities                                                                    
     and  Special Education  is  to,  "[create] change  that                                                                    
     improves  the  lives  of Alaskans  with  disabilities".                                                                    
     Since  1978, the  Council has  provided a  constructive                                                                    
     process   that   has    connected   the   public   with                                                                    
     policymakers  to ensure  the thoughtful  development of                                                                    
     an efficient and seamless  service delivery system that                                                                    
     meets  the  needs   of  individuals  with  disabilities                                                                    
     across their life spans.                                                                                                   
                                                                                                                                
     However, within  their enabling statutes, the  State of                                                                    
     Alaska  also   included  "gifted"  persons   among  the                                                                    
     individuals  that   the  Council  need  work   for  and                                                                    
     support. The  Council believes the term  "gifted" to be                                                                    
     confusing  and ill-fitting  within the  scope of  their                                                                    
     aims   and   objectives.  Furthermore,   they   believe                                                                    
     "gifted" should be removed for the following reasons:                                                                      
                                                                                                                                
     Exceptionality  is  not   a  disability  that  entitles                                                                    
     students to  special education.  Gifted education  is a                                                                    
     regular education  program over  which the  Council has                                                                    
     no oversight.                                                                                                              
                                                                                                                                
     Gifted  children   are  not  eligible   for  additional                                                                    
     services  under   the  Individuals   with  Disabilities                                                                    
     Education   Act   (IDEA)    or   the   Americans   with                                                                    
     Disabilities  Act (ADA),  policies  whose adherence  is                                                                    
     required per the Council's responsibilities.                                                                               
                                                                                                                                
     Neither  federal  nor  state law  provide  for  special                                                                    
     employment benefits,  or special avenues  through which                                                                    
     to  advocate for  employment  for  those classified  as                                                                    
     gifted.                                                                                                                    
                                                                                                                                
     The  Governor's Council  works  tirelessly to  advocate                                                                    
     for   and  access   housing,  employment,   independent                                                                    
     living, health, transportation  and community inclusion                                                                    
     for  Alaskans  with  disabilities.  Removing  the  word                                                                    
     "gifted"  from their  enabling  statutes allows  Alaska                                                                    
     law   to   be   updated    with   the   most   accurate                                                                    
     representation of the mission  and work of the Council,                                                                    
     as  well as  provide future  Council membership  with a                                                                    
     clear roadmap for success.                                                                                                 
                                                                                                                                
3:51:03 PM                                                                                                                    
MS. ABBOTT presented the bill sectional:                                                                                        
                                                                                                                                
     Section  One:  Removes  the   word  "gifted"  from  the                                                                    
     Governor's   council   on  disabilities   and   special                                                                    
     education's enabling statute.                                                                                              
                                                                                                                                
     Section  Two: Removes  reference to  gifted persons  in                                                                    
     the  council's list  of statutory  responsibilities and                                                                    
     updates   references  to   reflect  current   U.S.  law                                                                    
     regarding state councils  on developmental disabilities                                                                    
     and designated state agencies.                                                                                             
                                                                                                                                
3:51:39 PM                                                                                                                    
SENATOR GARDNER  asked if  there has been  any opposition  to the                                                               
bill.                                                                                                                           
                                                                                                                                
MS. ABBOTT said no.                                                                                                             
                                                                                                                                
SENATOR GARDNER asked if it is a clean-up bill.                                                                                 
                                                                                                                                
MS. ABBOTT  said yes. She  explained that the  Governor's Council                                                               
of Disabilities and Special Education  has been around since 1978                                                               
and their  advocacy has been  strong and consistent  for disabled                                                               
Alaskans. School districts  have taken the lead  on the education                                                               
and qualification of gifted students.                                                                                           
                                                                                                                                
3:52:36 PM                                                                                                                    
PATRICK REINHART,  Staff, Governor's Council on  Disabilities and                                                               
Special Education, presented information on  HB 76. He agreed the                                                               
bill is a clean-up of their enabling statute.                                                                                   
                                                                                                                                
CHRISTIE  REINHARDT, Staff,  Governor's  Council on  Disabilities                                                               
and  Special  Education,  presented  information on  HB  76.  She                                                               
explained  that when  the council  was created  in 1978,  the law                                                               
that  covered  special  education was  the  Handicapped  Children                                                               
Education  Act and  it addressed  gifted education.  Current law,                                                               
the Individuals  with Disability Education Act,  does not include                                                               
gifted  education.  It has  created  confusion  for some  parents                                                               
looking for  advocacy for improvement of  gifted education within                                                               
school districts.  She pointed out  that gifted education  is the                                                               
responsibility  of  local school  districts  as  part of  general                                                               
education. There  is no special  funding at the state  or federal                                                               
level  for  gifted education  and  it  does  not fall  under  the                                                               
purview of the council.                                                                                                         
                                                                                                                                
3:55:09 PM                                                                                                                    
SENATOR GARDNER  understood that  gifted education does  not fall                                                               
under  the   Governor's  Council  on  Disabilities   and  Special                                                               
Education.                                                                                                                      
                                                                                                                                
MS. REINHARDT said yes.                                                                                                         
                                                                                                                                
CHAIR  DUNLEAVY  opened  public  testimony.  He  held  HB  76  in                                                               
committee.                                                                                                                      

Document Name Date/Time Subjects
1. HB 76 - Legislation.PDF SEDC 3/10/2016 3:30:00 PM
HB 76
2. HB 76 - Sectional Analysis.pdf SEDC 3/10/2016 3:30:00 PM
HB 76
3. HB 76 - Sponsor Statement.pdf SEDC 3/10/2016 3:30:00 PM
HB 76
4. HB 76 - Fiscal Note DHSS.PDF SEDC 3/10/2016 3:30:00 PM
HB 76
5. HB 76 - Letter of Support Governors Council.pdf SEDC 3/10/2016 3:30:00 PM
HB 76
6. HB 76 - Legislative Research Brief.pdf SEDC 3/10/2016 3:30:00 PM
HB 76
7. SB 190 - Legislation.PDF SEDC 3/10/2016 3:30:00 PM
SB 190
8. SB 190 - Sponsor Statement.pdf SEDC 3/10/2016 3:30:00 PM
SB 190
9. SB 190 - ACPE Laws.pdf SEDC 3/10/2016 3:30:00 PM
SB 190
10. SB 190 - Q&A Sheet.pdf SEDC 3/10/2016 3:30:00 PM
SB 190
11. SB 190 Fiscal Note.pdf SEDC 3/10/2016 3:30:00 PM
SB 190
12. SB 190 National Trends on State Regulations of YTTs.PDF SEDC 3/10/2016 3:30:00 PM
SB 190
SB 191 - ACLU Analysis.pdf SEDC 3/10/2016 3:30:00 PM
SB 191
SB 191 - Letters of Opposition 02.28.16 - 03.10.16.pdf SEDC 3/10/2016 3:30:00 PM
SB 191
SB 191 - Letters of Support 02.22.26-03.10.16.pdf SEDC 3/10/2016 3:30:00 PM
SB 191