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

00CS FOR HOUSE BILL NO. 301(HES) 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). 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 may, notwithstanding 13 any other provision of AS 14.30.180 - 14.30.350, 14  (1) take necessary action to qualify for federal funds that are available

01 to the state for the education of exceptional students; 02  (2) adopt regulations necessary to comply with AS 14.30.180 - 03 14.30.350; and 04  (3) make an annual report available to the legislature by January 31; 05 the report must include 06  (A) a side-by-side comparison of the federal requirements for 07 special education services and the special education services provided by the 08 department; 09  (B) a description of special education services, including gifted 10 and talented services, provided under AS 14.30.180 - 14.30.350 that are not 11 required under federal law; and 12  (C) any suggestions for changes to special education services 13 provided by the state. 14 * Sec. 3. AS 14.30.186 is repealed and reenacted to read: 15  Sec. 14.30.186. Coverage. (a) Except when different provision is made for 16 special education and related services in regulations adopted under (b) of this section, 17 special education and related services shall be provided by 18  (1) a borough or city school district, for a child with a disability 19 residing within the district; 20  (2) a governing body of a regional educational attendance area 21 operating a school in the area, for a child with a disability residing in the area served 22 by the school; 23  (3) the borough, city school district, or regional educational attendance 24 area in which a correctional or youth detention facility is located, for a child with a 25 disability placed at the facility; 26  (4) a state boarding school established under AS 14.16, for a child 27 enrolled at the boarding school; or 28  (5) a district that provides a statewide correspondence study program, 29 for a child with a disability who is enrolled in the program. 30  (b) The department shall adopt regulations necessary to provide for the 31 allocation of financial responsibilities and the coordination of the provision of special

01 education and related services between the provider agencies in cases where a child 02 with a disability is enrolled in the educational programs of more than one of the 03 provider agencies described in (a) of this section. 04  (c) A parent who elects to educate a child as allowed under AS 14.30.010(b) 05 may refuse the special education and related services provided under AS 14.30.180 - 06 14.30.350. A school district that disagrees with a parent regarding the provision of 07 special education and related services may attempt to resolve the disagreement by 08 mediation or may request a hearing as provided under AS 14.30.193. 09 * Sec. 4. AS 14.30.193(a) is repealed and reenacted to read: 10  (a) A school district or a parent of a student with a disability may request a 11 due process hearing on any issue related to identification, evaluation, educational 12 placement, or the provision of a free, appropriate, public education regarding a student 13 with a disability. 14 * Sec. 5. AS 14.30.193(b) is repealed and reenacted to read: 15  (b) A request by a parent for a due process hearing must be made not later 16 than 12 months after the date the school district provides the parent with written notice 17 of the decision with which the parent disagrees and with written notice of procedural 18 safeguards available to that parent in federal law. A school district shall make its 19 request under (a) of this section under regulations adopted by the department. 20 * Sec. 6. AS 14.30.193(c) is repealed and reenacted to read: 21  (c) If a due process hearing is requested by a parent or school district, the 22 department, through a random selection process, shall provide the parent with the 23 names and qualifications of three qualified hearing officers from a list maintained by 24 the department. The parent may choose one person from the list of three provided by 25 the department. If the parent does not select a name, the department may appoint as 26 hearing officer any person from the list maintained by the department. After 27 appointment under this subsection, a hearing officer shall proceed under regulations 28 adopted by the department. 29 * Sec. 7. AS 14.30.193(h) is amended to read: 30  (h) The department shall maintain a list of qualified hearing officers. The 31 department shall qualify hearing officers through a training program that is [SHALL

01 BE] open to all persons who meet the criteria set by the department by regulation 02 [RESIDENTS OF THE STATE. A HEARING OFFICER MAY BE QUALIFIED FOR 03 A PERIOD NOT TO EXCEED FIVE YEARS]. The list of qualified hearing officers 04 shall be maintained as a public record. 05 * Sec. 8. AS 14.30.195(a) is amended to read: 06  (a) The department shall, by regulation, provide for administrative appeal 07 hearings, based on the record, of impartial hearing officers' decisions under 08 AS 14.30.193. An administrative appeal hearing shall comply with all requirements 09 necessary for participation in federal grant-in-aid programs, including 20 U.S.C. 1400 - 10 1487 [20 U.S.C. 1400 - 1485] (Individuals with Disabilities Education Act). 11 * Sec. 9. AS 14.30.325(a) is amended to read: 12  (a) The department may by regulation provide for the appointment of surrogate 13 parents to represent children with disabilities [EXCEPTIONAL CHILDREN] in 14 matters relating to the provision of an appropriate public education. 15 * Sec. 10. AS 14.30.340(a) is amended to read: 16  (a) If a parent of a [AN EXCEPTIONAL] child with a disability enrolls the 17 child in a private or religious school at the parent's expense or teaches the child at 18 home, the school district in which the child resides [IS LOCATED] shall make special 19 education and related services available in conformance with an individual services 20 plan as authorized by federal law [INDIVIDUALIZED EDUCATION PROGRAM 21 UNDER AS 14.30.278]. 22 * Sec. 11. AS 14.30.350(1) is amended to read: 23  (1) "appropriate public education" means personalized instruction with 24 sufficient support services to permit a child to benefit educationally from the 25 instruction , under state law ; 26 * Sec. 12. AS 14.30.191, 14.30.193(d), 14.30.193(e), 14.30.235, 14.30.272, 14.30.274, 27 14.30.276, 14.30.278, 14.30.285, 14.30.315, 14.30.335, 14.30.340(b), 14.30.347, 14.30.350(3), 28 14.30.350(4), 14.30.350(7), 14.30.350(8), 14.30.350(9), and 14.30.350(11) are repealed. 29 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).