00 SENATE CS FOR CS FOR HOUSE BILL NO. 235(STA)                                                                            
01 "An Act relating to educational programs and services for children with                                                 
02 disabilities and other exceptional children and to persons with a handicap; and                                         
03 providing for an effective date."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 14.30.180 is amended to read:                                                                       
06  Sec. 14.30.180.  PURPOSE.  It is the purpose of AS 14.30.180 - 14.30.350 to                                           
07   (1)  provide an appropriate public education for exceptional                                                       
08 children in the state who are at least three years of age but less than 22 years of age;                               
09   (2)  allow procedures and actions necessary to comply with the                                                       
10 requirements of federal law, including 20 U.S.C. 1400 - 1485 (Individuals with                                          
11 Disabilities Education Act).                                                                                           
12    * Sec. 2.  AS 14.30.186 is amended by adding a new subsection to read:                                               
13  (e)  Exceptional children being educated as provided under AS 14.30.010(b)                                            
14 have the right to special education and related services as provided under                                              
01 AS 14.30.180 - 14.30.350.  The exceptional child of a parent who elects to educate the                                  
02 child as allowed under AS 14.30.010(b) may not be compelled to receive the special                                      
03 education and related services provided under AS 14.30.180 - 14.30.350.                                                 
04    * Sec. 3.  AS 14.30.191(a) is amended to read:                                                                       
05  (a)  A school district shall obtain the consent of the child's parent [OR                                             
06 GUARDIAN] before an initial evaluation or placement in a program of special                                             
07 education and related services.                                                                                         
08    * Sec. 4.  AS 14.30.191(c) is amended to read:                                                                       
09  (c)  Before a school district initiates or refuses a change in a child's placement                                    
10 or program, the district shall notify the child's parent [OR GUARDIAN].                                                 
11    * Sec. 5.  AS 14.30.191(d) is amended to read:                                                                       
12  (d)  Upon completion of the evaluation and before placement, the school                                               
13 district shall provide to the parent [OR GUARDIAN] of each exceptional child an                                         
14 opportunity for consultation about the evaluation.  A consultation must be available                                    
15 after each reevaluation of the condition and placement of the exceptional child.                                        
16    * Sec. 6.  AS 14.30.191(e) is amended to read:                                                                       
17  (e)  A parent may obtain an independent educational evaluation by a person                                           
18 of the parent's choosing or by a person selected by agreement between the parent                                        
19 and the school district, at the expense of the school district, if the parent disagrees                              
20 with an evaluation obtained by the school district.  The school district may initiate a                                 
21 hearing to show that its evaluation is appropriate.  If the hearing officer determines                                  
22 that the evaluation is appropriate, the school district may not be required to pay for the                              
23 independent educational evaluation.                                                                                     
24    * Sec. 7.  AS 14.30.191(f) is amended to read:                                                                       
25  (f)  If the parent [OR GUARDIAN] obtains an independent educational                                                   
26 evaluation at private expense, the results of the evaluation                                                            
27   (1)  must be considered by the school district in a decision made with                                               
28 respect to the provision of an appropriate public education to the child;                                               
29   (2)  may be presented as evidence at a hearing regarding the child.                                                  
30    * Sec. 8.  AS 14.30 is amended by adding a new section to read:                                                      
31  Sec. 14.30.193.  SCHOOL DISTRICT HEARINGS.  (a)  If a parent refuses to                                               
01 consent, or does not respond within 30 days to the school district's request for consent,                               
02 under AS 14.30.191(a) or 14.30.285(f), the school district may appoint an impartial                                     
03 hearing officer to conduct a hearing to determine whether the school district may                                       
04 initiate the evaluation or placement of the child, or transfer the child.                                               
05  (b)  If a parent disagrees with the school district's intended placement of a                                         
06 child or program for a child, the parent may request a hearing.  If a hearing is                                        
07 requested under this subsection, the school district shall appoint an impartial hearing                                 
08 officer to conduct the hearing.                                                                                         
09  (c)  A hearing officer may not be appointed under this section unless approved                                        
10 in writing by the parent; however, parent approval of a hearing officer is not required                                 
11 if the parent has been offered and has rejected three different hearing officers.  After                                
12 a hearing officer is appointed under this section, the hearing officer shall conduct an                                 
13 informal prehearing settlement conference and attempt to resolve the disagreement                                       
14 between the parent and the school district.  If, after a hearing under this section, the                                
15 hearing officer determines that the school district's intended action is in accordance                                  
16 with law and is in the child's best interest, the hearing officer shall approve that action.                            
17  (d)  If a parent participates in the hearing but refuses to comply with the                                           
18 decision of the hearing officer, the district shall document in the hearing record the                                  
19 district's attempt to evaluate, place, or transfer the child.                                                           
20  (e)  If a parent does not participate in the hearing, the district shall document                                     
21 in the hearing record the district's attempt to evaluate, place, or transfer the child and                              
22 the parent's lack of consent to evaluation, placement, or transfer.                                                     
23  (f)  A hearing officer's decision under this section is final and binding on the                                      
24 school district and parent, unless appealed under (g) of this section.  Notwithstanding                                 
25 a decision by the hearing officer, a child may not be evaluated, placed, transferred, or                                
26 compelled to receive special education or related services from the school district until                               
27 the period for filing an appeal under (g) of this section has expired or, if an appeal is                               
28 filed, until the department and court appellate review process has been completed.                                      
29  (g)  A parent or a school district may appeal a hearing officer's decision under                                      
30 this section to the department by requesting an appeal hearing under AS 14.30.195.                                      
31 The appeal hearing request must be in writing and must be received by the department                                    
01 within 30 days after receipt of the hearing officer's decision.                                                         
02  (h)  The department shall maintain a list of qualified hearing officers.  The                                         
03 department shall qualify hearing officers through a training program that shall be open                                 
04 to all residents of the state.  A hearing officer may be qualified for a period not to                                  
05 exceed five years.  The list of qualified hearing officers shall be maintained as a public                              
06 record.                                                                                                                 
07    * Sec. 9.  AS 14.30.195(a) is amended to read:                                                                       
08  (a)  The department shall, by regulation, provide for administrative appeal                                   
09 hearings, based on the record, of impartial hearing officers' decisions under                                          
10 AS 14.30.193.  An administrative appeal hearing shall comply with all                                                   
11 requirements necessary for participation in federal grant-in-aid programs,                                              
12 including 20 U.S.C. 1400 - 1485 (Individuals with Disabilities Education Act) [TO                                      
13 BE CONDUCTED UNDER AS 14.30.180 - 14.30.350].                                                                           
14    * Sec. 10.  AS 14.30.195 is amended by adding new subsections to read:                                               
15  (c)  After an appeal hearing under this section, the department shall render its                                      
16 decision affirming, reversing, modifying, or remanding the hearing officer's decision                                   
17 under AS 14.30.193.                                                                                                     
18  (d)  A parent or the school district may appeal to the appropriate court for                                          
19 review of the department's decision on appeal under (c) of this section.                                                
20  (e)  A parent who appeals to the court and who is determined by the court to                                          
21 be an indigent person may be provided with a court appointed attorney at public                                         
22 expense.  In this subsection, "indigent person" has the meaning given in AS 18.85.170.                                  
23    * Sec. 11.  AS 14.30 is amended by adding a new section to read:                                                     
24  Sec. 14.30.235.  WITHDRAWAL OF CONSENT.  If under a provision of this                                                 
25 chapter the consent of the parent is required, the parent may withdraw the parent's                                     
26 consent.                                                                                                                
27    * Sec. 12.  AS 14.30.272 is amended to read:                                                                         
28  Sec. 14.30.272.  PROCEDURAL SAFEGUARDS.  A school district shall                                                      
29 inform the parent [OR GUARDIAN] of an exceptional child of the right to review the                                      
30 child's educational record, to review evaluation tests and procedures, to refuse to                                     
31 permit evaluation or a change in the child's educational placement, to be informed of                                   
01 the results of evaluation, to obtain an independent evaluation by a person of the                                      
02 parent's choosing or by a person selected by agreement between the parent and                                           
03 school district, to request an impartial hearing, to appeal a hearing officer's                                       
04 decision, and to give consent or deny access to others to the child's educational record.                              
05    * Sec. 13.  AS 14.30.272 is amended by adding a new subsection to read:                                              
06  (b)  The department shall establish, by regulation, impartial procedures for a                                        
07 school district to follow for hearings under AS 14.30.193 to comply with requirements                                   
08 necessary to participate in federal grant-in-aid programs, including 20 U.S.C. 1400 -                                   
09 1485 (Individuals with Disabilities Education Act).                                                                     
10    * Sec. 14.  AS 14.30.278(b) is amended to read:                                                                      
11  (b)  Each meeting concerning an exceptional child must include                                                        
12   (1)  a representative of the school district, other than the child's teacher,                                        
13 who is qualified to provide or supervise the provision of special education;                                            
14   (2)  the child's teacher;                                                                                            
15   (3)  at least one of the child's parents [OR GUARDIANS];                                                             
16   (4)  the child, when appropriate;                                                                                    
17   (5)  other individuals selected by the parent [, GUARDIAN,] or school                                                
18 district.                                                                                                               
19    * Sec. 15.  AS 14.30.278 is amended by adding a new subsection to read:                                              
20  (c)  Each school district shall develop an individualized education program for                                       
21 every exceptional child who receives services or whose parent requests services under                                   
22 AS 14.30.180 - 14.30.350.                                                                                               
23    * Sec. 16.  AS 14.30.285(f) is amended to read:                                                                      
24  (f)  A school district shall obtain the consent of the child's parent before                                         
25 a child may [NOT] be transferred to a school outside the district in which the child                                   
26 resides [WITHOUT THE CONSENT OF THE PARENT OR GUARDIAN].                                                                
27    * Sec. 17.  AS 14.30.285(g) is amended to read:                                                                      
28  (g)  The withholding of consent by a parent [OR GUARDIAN] or departmental                                             
29 approval for the transfer of an exceptional child under this section does not relieve a                                 
30 school district of the obligation to provide special education and related services to an                               
31 exceptional child under AS 14.30.186.                                                                                   
01   * Sec. 18.  AS 14.30.340 is repealed and reenacted to read:                                                           
02  Sec. 14.30.340.  PROVISION OF SPECIAL EDUCATION IN A PRIVATE                                                          
03 SCHOOL, HOME, OR HOSPITAL SETTING.  (a)  If a parent of an exceptional child                                            
04 enrolls the child in a private school at the parent's expense or teaches the child at                                   
05 home, the school district in which the child is located shall make special education and                                
06 related services available in conformance with an individualized education program                                      
07 under AS 14.30.278.                                                                                                     
08  (b)  If a physician certifies in writing, and if the child's individualized                                           
09 education program team then determines that a child's bodily, mental, or emotional                                      
10 condition does not permit attendance at a school and the child's parents do not elect                                   
11 to teach the child at home as permitted under AS 14.30.010(b), the school district in                                   
12 which the child is located shall enroll the child in public school and provide the child                                
13 with special education and related services in conformance with an individualized                                       
14 education program under AS 14.30.278 at the child's home or at a medical treatment                                      
15 facility.                                                                                                               
16    * Sec. 19.  AS 14.30.347 is amended to read:                                                                         
17  Sec. 14.30.347.  TRANSPORTATION OF EXCEPTIONAL CHILDREN.                                                              
18 When transportation is required to be provided as related services, exceptional children                                
19 shall be carried with other children, except when the nature of their physical or mental                                
20 disabilities [HANDICAPS] is such that it is in the best interest of the exceptional                                   
21 children, as determined by the school district, that they be transported separately.  State                             
22 reimbursement for transportation of exceptional children shall be as provided for                                       
23 transportation of all other pupils except that eligibility for reimbursement is not subject                             
24 to restriction based on the minimum distance between the school and the residence of                                    
25 the exceptional child.                                                                                                  
26    * Sec. 20.  AS 14.30.350(2) is amended to read:                                                                      
27   (2)  "consent" means [IS ONLY OBTAINED IF] the parent [OR                                                          
28 GUARDIAN] has been fully informed of all information relevant to the activity or the                                   
29 release of records for which [OBJECT OF THE] consent is sought and the parent                                         
30 understands and voluntarily agrees to the activity or release of records;                                              
31    * Sec. 21.  AS 14.30.350(3) is repealed and reenacted to read:                                                       
01   (3)  "exceptional children" means children with disabilities, and gifted                                             
02 children, who differ markedly from their peers to the degree that special facilities,                                   
03 equipment, or methods are required to make their educational program effective;                                         
04    * Sec. 22.  AS 14.30.350(4) is amended to read:                                                                      
05   (4)  "related services" means transportation and developmental,                                                      
06 corrective, and other supportive services required to assist children with disabilities                               
07 [A HANDICAPPED] or gifted children [CHILD] to benefit from special education                                          
08 and includes but is not limited to speech pathology and audiology, psychological                                        
09 services, physical and occupational therapy, recreation, counseling services including                                 
10 rehabilitation counseling, and medical services for diagnostic or evaluation purposes;                                 
11 the term also includes school health services, school social work services, and parent                                  
12 counseling and training;                                                                                                
13    * Sec. 23.  AS 14.30.350(5) is amended to read:                                                                      
14   (5)  "special education" means specially designed instruction, at no cost                                            
15 to the parent, to meet the unique needs of exceptional children [A HANDICAPPED                                        
16 CHILD], including classroom instruction, instruction in physical education, home                                        
17 instruction, and instruction in hospitals and institutions; the term includes speech                                    
18 pathology, or any other related service, if the service consists of specially designed                                  
19 instruction, at no cost to the parents, to meet the unique needs of exceptional children                              
20 [A HANDICAPPED CHILD], and is considered special education rather than a related                                        
21 service under state standards; the term also includes vocational education if it consists                               
22 of specially designed instruction, at no cost to the parents, to meet the unique needs                                  
23 of exceptional children [A HANDICAPPED CHILD]; in this paragraph                                                      
24   (A)  "at no cost" means that all specially designed instruction is                                                  
25 provided without charge but does not preclude incidental fees that are normally                                         
26 charged to nonexceptional [NONHANDICAPPED] students or their parents                                                  
27 as a part of the regular education program;                                                                             
28   (B)  "physical education" means the development of physical and                                                     
29 motor fitness, fundamental motor skills and patterns, skills in aquatics, dance,                                        
30 and individual and group games, and sports (including intramural and lifetime                                           
31 sports); the term includes special physical education, adapted physical                                                 
01 education, movement education, and motor development;                                                                   
02   (C)  "vocational education" means organized educational                                                             
03 programs that are directly related to the preparation of individuals for paid or                                        
04 unpaid employment, or for additional preparation for a career requiring other                                           
05 than a baccalaureate or advanced degree;                                                                                
06    * Sec. 24.  AS 14.30.350 is amended by adding new paragraphs to read:                                                
07   (7)  "children with disabilities" means children with mental retardation;                                            
08 hearing impairments, including deafness; speech or language impairments; visual                                         
09 impairments, including blindness; serious emotional disturbance; orthopedic                                             
10 impairments; autism; traumatic brain injury; other health impairments; specific learning                                
11 disabilities; or preschool developmental delays;                                                                        
12   (8)  "educational records" means those files, documents, records, and                                                
13 other material that contain information directly related to a student and are maintained                                
14 by a school district or a person acting for a school district; the term "educational                                    
15 records" does not include the personnel records of the school district, maintained in the                               
16 normal course of business, that relate exclusively to a person's capacity as an                                         
17 employee, or other records as designated by the department in regulation;                                               
18   (9)  "gifted children" means children who exhibit outstanding intellect,                                             
19 ability, or creative talent as determined under regulations adopted by the department;                                  
20   (10)  "individualized education program team" means a group of people                                                
21 that translates child assessment information regarding a child into a practical plan for                                
22 specially designed instruction and delivery of services for the child, and includes the                                 
23 following:                                                                                                              
24   (A)  a representative of the school district, other than the child's                                                
25 teacher, who is qualified to provide or supervise the provision of special                                              
26 education;                                                                                                              
27   (B)  the child's teacher;                                                                                           
28   (C)  the child's parent;                                                                                            
29   (D)  the child, if appropriate;                                                                                     
30   (E)  other individuals, at the discretion of the child's parent or                                                  
31 the school district;                                                                                                    
01   (11)  "parent" includes a guardian, a person acting as a parent of a child,                                          
02 and a surrogate parent appointed under AS 14.30.325.                                                                    
03    * Sec. 25.  This Act takes effect June 30, 1993.