00 CS FOR HOUSE BILL NO. 211(FIN) 01 "An Act relating to the education and employment of individuals with disabilities." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 14.03.078 is amended by adding a new subsection to read: 04 (b) By December 31 of each year, the department shall provide to the Alaska 05 Mental Health Trust Authority established by AS 47.30.011 a report on the progress of 06 school districts in the state toward the objective of AS 14.30.278(b), based on 07 performance indicators included in the most current plan submitted by the state to the 08 United States Secretary of State as required under 20 U.S.C. 1412(a). 09  * Sec. 2. AS 14.30.278 is amended by adding new subsections to read: 10 (b) When providing transition services as defined in 20 U.S.C. 1401(34) to a 11 child with a disability who is over 15 years of age as part of a program of special 12 education and related services under AS 14.30.180 - 14.30.350, a school district's 13 primary objective and preferred outcome is to help the child become gainfully 14 employed in an integrated workplace where individuals with disabilities work with 15 and alongside of individuals without disabilities, or become enrolled in postsecondary 01 education. 02 (c) In this section, "gainfully employed" means employed full time or part 03 time within one year of leaving high school. 04  * Sec. 3. AS 23.15 is amended by adding a new section to read: 05 Sec. 23.15.095. Gainful employment of individuals with disabilities. (a) 06 When providing vocational training, vocational rehabilitation, or employment 07 placement of an individual with a disability, the agency's primary objective and 08 preferred outcome is to help the individual become gainfully employed in an 09 integrated workplace where individuals with disabilities work with and alongside of 10 individuals without disabilities. 11 (b) By December 31 of each year, the commissioner shall provide to the 12 Alaska Mental Health Trust Authority established by AS 47.30.011 a report on the 13 agency's progress toward the objective under (a) of this section. 14 (c) In this section, "gainfully employed" means employed full time or part 15 time for compensation that is 16 (1) at or above the minimum wage; and 17 (2) not less than the compensation paid by the employer for the same 18 or similar work performed by an individual who is not disabled. 19  * Sec. 4. AS 39.28.040 is amended by adding new subsections to read: 20 (b) When administering requirements of this chapter related to the vocational 21 training, vocational rehabilitation, or employment placement of an individual with a 22 disability who can reasonably be expected to benefit in terms of employability from 23 the provision of vocational rehabilitation services, the department's primary objective 24 and preferred outcome is to help the individual become gainfully employed in an 25 integrated workplace where individuals with disabilities work with and alongside of 26 individuals without disabilities. 27 (c) Nothing in this section requires the hiring of an individual with a disability. 28 (d) In this section, 29 (1) "gainfully employed" means employed full time or part time for 30 compensation that is 31 (A) at or above the minimum wage; and 01 (B) not less than the compensation paid by the employer for the 02 same or similar work performed by an individual who is not disabled; 03 (2) "individual with a disability" means an individual who has a 04 physical or mental impairment that substantially limits one or more major life 05 activities and that constitutes or results in a substantial barrier to employment. 06  * Sec. 5. AS 47.80 is amended by adding a new section to read: 07 Sec. 47.80.135. Gainful employment of persons with disabilities. (a) When 08 carrying out duties under AS 47.80.130 related to the provision of services to a person 09 with a disability, the department's primary objective and preferred outcome is to help 10 the person become gainfully employed in the general workforce of the public or 11 private sector in an integrated workplace where persons with disabilities work with 12 and alongside of persons without disabilities. 13 (b) By December 31 of each year, the commissioner of health and social 14 services shall provide to the Alaska Mental Health Trust Authority established by 15 AS 47.30.011 a report on the department's progress toward the objective under (a) of 16 this section. 17 (c) In this section, "gainfully employed" means employed full time or part 18 time for compensation that is 19 (1) at or above the minimum wage; and 20 (2) not less than the compensation paid by the employer for the same 21 or similar work performed by a person who is not disabled.