HB 301: "An Act relating to the education of exceptional children; and providing for an effective date."

00HOUSE BILL NO. 301 01 "An Act relating to the education of exceptional children; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.30.180 is amended to read: 05  Sec. 14.30.180. Purpose. It is the purpose of AS 14.30.180 - 14.30.350 to 06  (1) provide an appropriate public education for exceptional children in 07 the state who are at least three years of age but less than 22 years of age; 08  (2) allow procedures and actions necessary to comply with the 09 requirements of federal law, including 20 U.S.C. 1400 - 1487 [20 U.S.C. 1400 - 1485] 10 (Individuals with Disabilities Education Act) , as amended . 11 * Sec. 2. AS 14.30 is amended by adding a new section to read: 12  Sec. 14.30.182. Duties of department. The department shall 13  (1) cooperate with the federal government and do all things necessary 14 to continue state eligibility for federal money available under 20 U.S.C. 1400 - 1487

01 (Individuals with Disabilities Education Act), as amended; 02  (2) comply with the requirements of 20 U.S.C. 1400 - 1487 (Individuals 03 with Disabilities Act), as amended, and other federal law related to children with 04 disabilities; if a provision of this chapter conflicts with federal law and the conflict 05 would affect the continued receipt of federal money, the department shall comply with 06 the federal provision necessary to ensure continued receipt of that money; and 07  (3) adopt regulations necessary to comply with state law and federal 08 law for the education of exceptional children, including 20 U.S.C. 1400 - 1487 09 (Individuals with Disabilities Education Act), as amended. 10 * Sec. 3. AS 14.30.186 is repealed and reenacted to read: 11  Sec. 14.30.186. Coverage. The school district in which a child with a 12 disability is enrolled is responsible for providing special education and related services 13 to the child. 14 * Sec. 4. AS 14.30.193(a) is repealed and reenacted to read: 15  (a) A school district or a parent of a student with a disability may request a 16 due process hearing on any issue related to identification, evaluation, educational 17 placement, or the provision of a free, appropriate, public education regarding a student 18 with a disability. 19 * Sec. 5. AS 14.30.193(b) is repealed and reenacted to read: 20  (b) A request by a parent for a due process hearing must be made not later 21 than six months after the date the school district provides the parent with written notice 22 of the decision with which the parent disagrees and with written notice of procedural 23 safeguards available to that parent in federal law. A school district shall make its 24 request under (a) of this section in accordance with regulations adopted by the 25 department. 26 * Sec. 6. AS 14.30.193(c) is repealed and reenacted to read: 27  (c) If a due process hearing is requested by either a parent or school district, 28 the school district shall provide the parent with the names of three qualified hearing 29 officers from a list maintained by the department. The parent may choose one person 30 from the list of three provided by the school district. If the parent does not select a 31 name, the school district may appoint as hearing officer any person from the list

01 maintained by the department. After appointment under this section, a hearing officer 02 shall proceed in accordance with regulations adopted by the department. 03 * Sec. 7. AS 14.30.193(h) is amended to read: 04  (h) The department shall maintain a list of qualified hearing officers. The 05 department shall qualify hearing officers through a training program that is [SHALL 06 BE] open to all persons who meet the criteria set by the department by regulation 07 [RESIDENTS OF THE STATE. A HEARING OFFICER MAY BE QUALIFIED FOR 08 A PERIOD NOT TO EXCEED FIVE YEARS]. The list of qualified hearing officers 09 shall be maintained as a public record. 10 * Sec. 8. AS 14.30.195(a) is amended to read: 11  (a) The department shall, by regulation, provide for administrative appeal 12 hearings, based on the record, of impartial hearing officers' decisions under 13 AS 14.30.193. An administrative appeal hearing shall comply with all requirements 14 necessary for participation in federal grant-in-aid programs, including 20 U.S.C. 1400 - 15 1487 [20 U.S.C. 1400 - 1485] (Individuals with Disabilities Education Act) , as 16 amended . 17 * Sec. 9. AS 14.30.315 is repealed and reenacted to read: 18  Sec. 14.30.315. Programs for gifted children. Every school district shall 19 establish a program for the provision of educational services for gifted children, 20 consistent with regulations adopted by the department. 21 * Sec. 10. AS 14.30.340(a) is amended to read: 22  (a) If a parent of a [AN EXCEPTIONAL] child with a disability enrolls the 23 child in a private school at the parent's expense or teaches the child at home, the 24 school district in which the child resides [IS LOCATED] shall make special education 25 and related services available in conformance with an individual services plan as 26 authorized by federal law [INDIVIDUALIZED EDUCATION PROGRAM UNDER 27 AS 14.30.278]. 28 * Sec. 11. AS 14.30.350(1) is amended to read: 29  (1) "appropriate public education" means personalized instruction with 30 sufficient support services to permit a child to benefit educationally from the 31 instruction , in accordance with state and federal law, including regulations adopted

01 by the department ; 02 * Sec. 12. AS 14.30.191, 14.30.193(d), 14.30.193(e), 14.30.235, 14.30.272, 14.30.274, 03 14.30.276, 14.30.278, 14.30.285, 14.30.325, 14.30.340(b), 14.30.347, 14.30.350(3), 04 14.30.350(4), 14.30.350(7), 14.30.350(8), 14.30.350(9), and 14.30.350(11) are repealed. 05 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).