02/11/2014 01:30 PM Senate LABOR & COMMERCE

         SB 163-EMPLOYMENT OF PERSONS WITH DISABILITIES                                                                     
                                                                                                                                
1:41:40 PM                                                                                                                    
CHAIR   DUNLEAVY  reconvened   the  meeting   and  announced   the                                                              
consideration  of SB 163.  "An Act relating  to the  education and                                                              
employment of individuals with disabilities."                                                                                   
                                                                                                                                
1:41:48 PM                                                                                                                    
GENEVIEVE WOJTUSIK,  Staff, Senator  Lesil McGuire, sponsor  of SB
, stated  that this is the  companion to HB 211.  She explained                                                              
that SB  163 essentially makes  Alaska an Employment  First State.                                                              
This is  a national  movement for states  to conform  the agencies                                                              
and   departments   that   provide  services   to   persons   with                                                              
disabilities with  the objective that these individuals  will have                                                              
preferred  outcomes  and  become  gainfully  employed  after  high                                                              
school. This would  include everything from educational  policy to                                                              
the way that jobs services are provided through the departments.                                                                
                                                                                                                                
Section  1  requires   the  Department  of  Education   and  Early                                                              
Development (DEED)  to report annually to the  Mental Health Trust                                                              
Authority  on  the   progress  of  school  districts   toward  the                                                              
objective of AS 14.30.278(b).                                                                                                   
                                                                                                                                
Section  2 adds  a new  subsection AS  14.30.278(b) that  requires                                                              
school  districts,  when  providing   services  to  children  with                                                              
disabilities  who are  over  15 years  of age,  to  make it  their                                                              
primary  objective   to  help  those  children   become  gainfully                                                              
employed in an integrated workplace.                                                                                            
                                                                                                                                
Sections  3,  4,  and  5  have   the  same  aspirational  language                                                              
embedded in the  requisite titles for the Department  of Labor and                                                              
Workforce  Development (DOLWD)  and the Department  of Health  and                                                              
Social Services (DHSS).                                                                                                         
                                                                                                                                
SB  163 has  four  fiscal  notes, three  of  which  are zero.  The                                                              
sponsor is  working with  DEED on a  committee substitute  (CS) to                                                              
add the  process to  an existing program,  which would  reduce the                                                              
$100,000 fiscal note substantially.                                                                                             
                                                                                                                                
1:43:41 PM                                                                                                                    
SENATOR  STEDMAN  asked  how  many  states  have  adopted  similar                                                              
legislation.                                                                                                                    
                                                                                                                                
MS. WOJTUSIK offered to follow up with the exact number.                                                                        
                                                                                                                                
SENATOR  MICCICHE read  from a document  in the  packet that  says                                                              
that  26 states  have  something akin  to  an official  Employment                                                              
First policy and that 15 states have a policy directive.                                                                        
                                                                                                                                
CHAIR DUNLEAVY  asked if  there are  potential problems  mandating                                                              
that workplace fitness become the primary objective.                                                                            
                                                                                                                                
MS. WOJTUSIK said she didn't believe so.                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY  asked if  this  could  take resources  away  from                                                              
those that may not be on a career path.                                                                                         
                                                                                                                                
MS. WOJTUSIK said she didn't believe so.                                                                                        
                                                                                                                                
CHAIR  DUNLEAVY  asked  if  this  might  lead  to  other  programs                                                              
soliciting  individuals that  are most likely  to enter  workplace                                                              
for the purpose of becoming more competitive for funding.                                                                       
                                                                                                                                
MS. WOJTUSIK  deferred to  the Department  of Education  and Early                                                              
Development.                                                                                                                    
                                                                                                                                
SENATOR MICCICHE asked if the bill has an education referral.                                                                   
                                                                                                                                
MS. WOJTUSIK answered yes.                                                                                                      
                                                                                                                                
1:45:59 PM                                                                                                                    
SENATOR OLSON joined the committee.                                                                                             
                                                                                                                                
CATHERINE A. BABUSCIO,  Human Resources Director,  Mat-Su Regional                                                              
Medical Center  (MSRMC), Palmer,  Alaska, testified in  support of                                                              
SB  163. She  explained  that  Project  Search is  a  business-led                                                              
vocational  program for adult  students age  18-22 who  experience                                                              
disabilities.   These  students   explore   careers  and   develop                                                              
transferable  job skills  with the  goal  of becoming  independent                                                              
adults who  find employment in their  community. The program  is a                                                              
collaborative   agreement  between   the  Mat-Su  Borough   School                                                              
District,  the hospital,  the Governor's  Council on  Disabilities                                                              
and   Special   Education   and   the   Division   of   Vocational                                                              
Rehabilitation (DVR).                                                                                                           
                                                                                                                                
MR.  BABUSCIO reported  that,  in  three completed  programs,  100                                                              
percent of  the students are  employed in the community  receiving                                                              
an average  wage of  more than $13/hour.  Twenty percent  of those                                                              
students found employment  at the Mat-Su Regional  Medical Center.                                                              
She described  these dedicated  and skilled  workers as  a benefit                                                              
to the hospital.                                                                                                                
                                                                                                                                
1:47:42 PM                                                                                                                    
LES  MOORSE,  Deputy Commissioner,  Department  of  Education  and                                                              
Early  Development  (DEED),  said   he  was  available  to  answer                                                              
questions on  the bill and the  potential reduction to  the fiscal                                                              
note if the bill is amended.                                                                                                    
                                                                                                                                
CHAIR  DUNLEAVY  asked him  to  discuss  the  fiscal note  in  the                                                              
packet.                                                                                                                         
                                                                                                                                
MR.  MOORSE explained  that  the bill,  in  Section 2  on page  2,                                                              
subsection   (c),  requires   DEED   to  collect   more   detailed                                                              
information  regarding   gainful  employment  than   it  currently                                                              
collects. To  meet this new  reporting requirement  DEED submitted                                                              
a  fiscal note  indicating  it would  cost  $100,000  in FY15  and                                                              
$45,000 for  the next three years.  He explained that  the initial                                                              
cost is  due to  programing software  and technical assistance  to                                                              
districts to  collect the additional  data. He noted  that another                                                              
difficulty  is  that  only  50  percent  of  former  students  are                                                              
responding to  the surveys asking  about their employment  status.                                                              
Additional  resources  may be  needed  to increase  that  response                                                              
rate, but DEED is  looking at whether it can be  done with current                                                              
resources.                                                                                                                      
                                                                                                                                
If the  language in  the bill is  amended, DEED  would be  able to                                                              
reduce   the  fiscal   note   to   $45,000;  the   department   is                                                              
investigating  whether it  could  use current  resources and  zero                                                              
the fiscal note, he said.                                                                                                       
                                                                                                                                
SENATOR  MICCICHE  noted  that the  Department  of  Administration                                                              
(DOA), the Department  of Labor and Workforce  Development (DOLWD)                                                              
and  the   Department  of  Health   and  Social   Services  (DHSS)                                                              
submitted zero  fiscal notes,  but DEED  anticipates it  will need                                                              
additional funding to meet the new reporting requirements.                                                                      
                                                                                                                                
MR. MOORSE  said the issue is  that the bill asks  for information                                                              
about wages and  wages relative to other employed  former students                                                              
and DEED  currently only  collects data  about employment  status.                                                              
The department  would need to  make adjustments to  its collection                                                              
system in order to collect this additional data.                                                                                
                                                                                                                                
1:51:49 PM                                                                                                                    
CHAIR DUNLEAVY opened public testimony.                                                                                         
                                                                                                                                
1:51:57 PM                                                                                                                    
POSIE BOGGS, representing  herself, said she believes  that SB 163                                                              
has  good  intent,  but the  unintended  effect  is  harmful.  The                                                              
language on  [page 1,] lines 10-15,  says that for a child  with a                                                              
disability  who is  over 15  years  of age,  the school's  primary                                                              
objective and preferred  outcome would be to help the  child get a                                                              
job. She  said her son  would have gotten  that direction  when he                                                              
went  to his  Individualized Education  Program  (IEP) meeting  at                                                              
age  15 and  it  wouldn't have  been  appropriate.  Today he's  an                                                              
engineer.  She   pointed  out  that  the  primary   objective  and                                                              
preferred outcome  for her son  at age 15,  16, and 17 was  not to                                                              
get a job, but rather to go to college or trade school.                                                                         
                                                                                                                                
MS.  BOGGS asked  if the  language  couldn't be  narrowed so  that                                                              
students  headed  to college  or  trade school  aren't  mistakenly                                                              
told that  the district's preferred outcome  is for them  to get a                                                              
job.                                                                                                                            
                                                                                                                                
1:56:01 PM                                                                                                                    
RIC NELSON, representing  himself, Anchorage, Alaska,  stated that                                                              
he is  the Chair  of the  Governor's Council  on Disabilities  and                                                              
Special Education.  He explained  that he is  30 years old,  is an                                                              
individual  with  cerebral palsy  and  has worked  many  different                                                              
jobs. He  offered his  belief that  SB 163  would give  people the                                                              
freedom and opportunity  to select a job that they  like no matter                                                              
what their  education is. He  said he has  a bachelor's  degree in                                                              
business administration  and is  working on  a master's  in public                                                              
administration.  After  attaining a  master's  degree  he said  he                                                              
would   like  to   open  a   business  that   helps  people   with                                                              
disabilities so they  can have a successful life and  career and a                                                              
bright future.                                                                                                                  
                                                                                                                                
SENATOR  MICCICHE told  Mr. Nelson  that he's  an inspiration  and                                                              
someone that Alaskans can look up to.                                                                                           
                                                                                                                                
SENATOR STEDMAN  told Mr.  Nelson that he  has come  to appreciate                                                              
his testimony more each year.                                                                                                   
                                                                                                                                
2:00:51 PM                                                                                                                    
ERIC YANUSZ,  representing himself,  Palmer, Alaska,  testified in                                                              
support  of  SB  163.  He stated  that  he  works  at  the  Mat-Su                                                              
Regional Medical  Center. He explained  his duties on  rotation in                                                              
day surgery  and food  service.  For the third  rotation he  looks                                                              
forward to having a paying job.                                                                                                 
                                                                                                                                
LUANN  YANUSZ, representing  herself,  Palmer, Alaska,  introduced                                                              
herself as  Eric's parent.  She said that  any parent  wants their                                                              
child  to be  independent,  healthy,  happy  and able  to  support                                                              
him/herself,  but when  your child  has a  disability and  doesn't                                                              
receive a high school  diploma there is a lot  of uncertainty. She                                                              
explained  that  through  Project  Search and  the  Mat-Su  School                                                              
District,  Eric has  learned to  follow  directions, work  ethics,                                                              
employer  expectations for  attendance and  communication and  how                                                              
to show initiative  on a job. At  the end of the program  the hope                                                              
is that  he will transition  into a job  and continue  the routine                                                              
of working  in a job.  She continued to  explain that some  of the                                                              
skills that  Eric has learned  through work include  independence,                                                              
self-esteem and self-worth.  She expressed hope that  he will have                                                              
a long  and successful  working experience  in Alaska.  Responding                                                              
to a question, she confirmed that she supports SB 163.                                                                          
                                                                                                                                
2:04:11 PM                                                                                                                    
ART DELAUNE, representing  himself, Fairbanks, Alaska,  said he is                                                              
a member  of the  Governor's Council  on Disabilities  and Special                                                              
Education,  but is  speaking as  a parent. He  explained that  his                                                              
two  sons  have   been  diagnosed  with  Fetal   Alcohol  Spectrum                                                              
Disorder  and both  have  developmental disabilities.  He  relayed                                                              
that it  took his  youngest son  six years  to graduate  from high                                                              
school  with a  diploma. At  age  17 he  went to  the Division  of                                                              
Vocational Rehabilitation  (DVR) to  learn about opportunities  in                                                              
the  workplace. He  didn't like  the initial  suggestions and  was                                                              
finally able  to become a  part of the  new Discovery  Project. He                                                              
started his  work experience at  Fred Meyer and his  aspiration is                                                              
to become  integrated as a full-time  employee who earns  the same                                                              
wage as any person  with entry level skills. His  feels good about                                                              
himself  and  has  set  a personal  goal  to  get  off  of  public                                                              
benefits and pay his own way.                                                                                                   
                                                                                                                                
MR. DELAUNE said  he supports SB 163 because it  will allow people                                                              
like his son to become self-sufficient.                                                                                         
                                                                                                                                
2:07:34 PM                                                                                                                    
MILLIE  RYAN,  Executive  Director,   Reach  Inc.,  stated  strong                                                              
support for  SB 163 on behalf  of Reach. She explained  that Reach                                                              
places  people with  intellectual  and developmental  disabilities                                                              
in  jobs   in  the  community,   and  operates  three   enterprise                                                              
businesses  that provide  employment.  Reach also  supports a  few                                                              
people to  take post-secondary education  class at  the University                                                              
of Alaska Southeast to expand their employment options.                                                                         
                                                                                                                                
MS.  RYAN reported  that Reach  is  implementing Employment  First                                                              
policies   and  procedures   throughout  the   agency.  They   are                                                              
collecting  base line  data on the  percent of  youths and  adults                                                              
that  have an  employment  goal  in their  service  plans and  the                                                              
percent that  are actually  working. She  told the committee  that                                                              
service  providers can  do a  lot of  things to  help people  with                                                              
disabilities  get employed, but  what is  really needed  is strong                                                              
policy from state agencies. SB 163 will help state agencies put                                                                 
policy in place that and help more people with disabilities                                                                     
become employed.                                                                                                                
                                                                                                                                
2:09:32 PM                                                                                                                    
CHAIR DUNLEAVY said he would keep public testimony open and hold                                                                
SB 163 in committee for further consideration.