CSSB 40(HES): "An Act relating to the education of children with disabilities and to the Governor's Council on Disabilities and Special Education; and providing for an effective date."
00 CS FOR SENATE BILL NO. 40(HES) 01 "An Act relating to the education of children with disabilities and to the Governor's 02 Council on Disabilities and Special Education; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.16.050(a) is amended to read: 05 (a) The following provisions apply with respect to the operation and 06 management of a state boarding school as if it were a school district: 07 (1) requirements relating to school district operations: 08 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 09 session, and school holidays); 10 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 11 applicable to school district operations); 12 (C) regulations adopted by the board under authority of 13 AS 14.07.020(a) that are applicable to school districts and their schools, unless 14 the board specifically exempts state boarding schools from compliance with a
01 regulation; 02 (D) AS 14.12.150 (authorizing school districts to establish and 03 participate in the services of a regional resource center); 04 (E) AS 14.14.050 (imposing the requirement of an annual 05 audit); 06 (F) AS 14.14.110 (authorizing cooperation with other school 07 districts); 08 (G) AS 14.14.140(b) (establishing a prohibition on 09 employment of a relative of the chief school administrator); 10 (H) AS 14.18 (prohibiting discrimination based on sex in 11 public education); 12 (2) requirements relating to the public school funding program and the 13 receipt and expenditure of that funding: 14 (A) AS 14.17.500 (relating to student count estimates); 15 (B) AS 14.17.505 (relating to school operating fund balances); 16 (C) AS 14.17.500 - 14.17.910 (setting out the procedure for 17 payment of public school funding and imposing general requirements and 18 limits on money paid); 19 (3) requirements relating to teacher employment and retirement: 20 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 21 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 22 tenure of teachers); 23 (C) AS 14.20.220 (relating to the salaries of teachers 24 employed); 25 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 26 provisions for teachers); 27 (E) AS 23.40.070 - 23.40.260 (authorizing collective 28 bargaining by certificated employees), except with regard to teachers who are 29 administrators and except that the board may delegate some or all of its 30 responsibilities under those statutes; 31 (F) AS 14.25 (provisions regarding the teachers' retirement
01 system); 02 (4) requirements relating to students and educational programs: 03 (A) AS 14.30.180 - 14.30.350 (relating to educational services 04 for [EXCEPTIONAL] children with disabilities); 05 (B) AS 14.30.360 - 14.30.370 (establishing health education 06 program standards); 07 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 08 bicultural education). 09 * Sec. 2. AS 14.30.180 is amended to read: 10 Sec. 14.30.180. Purpose. It is the purpose of AS 14.30.180 - 14.30.350 to 11 (1) provide an appropriate public education for each child with a 12 disability [EXCEPTIONAL CHILDREN] in the state who is [ARE] at least three 13 years of age but less than 22 years of age; 14 (2) allow procedures and actions necessary to comply with the 15 requirements of federal law, including 20 U.S.C. 1400 - 1487 [20 U.S.C. 1400 - 1485] 16 (Individuals with Disabilities Education Act). 17 * Sec. 3. AS 14.30.186(a) is repealed and reenacted to read: 18 (a) Special education and related services shall be provided by 19 (1) a borough or city school district for a child with a disability residing 20 within the district; 21 (2) the board of a regional educational attendance area operating a school 22 in the area for a child with a disability residing in the area served by the school; 23 (3) the borough, city school district, or regional educational attendance 24 area in which a treatment facility or a correctional or youth detention facility is located 25 for a child with a disability placed at the facility; 26 (4) a state boarding school established under AS 14.16 for a child with a 27 disability enrolled at a state boarding school; or 28 (5) a school district that provides a statewide correspondence study 29 program for a child with a disability who is enrolled in the program. 30 * Sec. 4. AS 14.30.186(e) is amended to read: 31 (e) If the parent of a child with a disability [EXCEPTIONAL CHILDREN
01 BEING EDUCATED AS PROVIDED UNDER AS 14.30.010(b) MAY RECEIVE 02 SPECIAL EDUCATION AND RELATED SERVICES AS PROVIDED UNDER 03 AS 14.30.180 - 14.30.350. THE EXCEPTIONAL CHILD OF A PARENT WHO] 04 elects to educate the child as allowed under AS 14.30.010(b), the child may not be 05 compelled to receive the special education and related services provided under 06 AS 14.30.180 - 14.30.350. 07 * Sec. 5. AS 14.30.186 is amended by adding a new subsection to read: 08 (f) The department shall, by regulation, establish standards for the allocation of 09 financial responsibilities and the coordination of the provision of special education and 10 related services among the educational agencies listed in (a) of this section when more 11 than one educational agency is responsible for providing those services. 12 * Sec. 6. AS 14.30.191(a) is amended to read: 13 (a) A school district shall obtain the written informed consent of the child's 14 parent before an initial evaluation or placement of a child with a disability in a 15 program of special education and related services. 16 * Sec. 7. AS 14.30.191(b) is amended to read: 17 (b) After initial placement in a program of special education and related 18 services and not less than once every three years for as long as the child is assigned to 19 the program, a [AN EXCEPTIONAL] child with a disability shall receive an 20 educational evaluation [FOR THE IDENTIFICATION AND CLASSIFICATION OF 21 EXCEPTIONAL CHILDREN]. 22 * Sec. 8. AS 14.30.191(c) is amended to read: 23 (c) Before a school district initiates or refuses a change in the [A CHILD'S] 24 placement or educational program of a child with a disability, the district shall 25 notify the child's parent. 26 * Sec. 9. AS 14.30.191(d) is amended to read: 27 (d) Upon completion of an [THE] evaluation or reevaluation under this 28 section [AND BEFORE PLACEMENT], the school district shall provide to the parent 29 of each [EXCEPTIONAL] child evaluated under this section an opportunity to 30 participate in the determination of the 31 (1) child's eligibility for special education and related services;
01 [FOR CONSULTATION ABOUT THE EVALUATION. A CONSULTATION 02 MUST BE AVAILABLE AFTER EACH REEVALUATION OF THE CONDITION] 03 and 04 (2) educational placement of the [EXCEPTIONAL] child if the child 05 is determined to be eligible for special education and related services. 06 * Sec. 10. AS 14.30.191 is amended by adding new subsections to read: 07 (h) A school district shall provide written notice of its decision under this 08 section to the parent of the child. The notice must include a description of the 09 procedural safeguards available to the parent and child under federal law. 10 (i) In this section, "hearing" means a due process hearing under AS 14.30.193. 11 * Sec. 11. AS 14.30.193 is repealed and reenacted to read: 12 Sec. 14.30.193. Due process hearing. (a) A school district or a parent of a 13 child with a disability may request a due process hearing on any issue related to 14 identification, evaluation, or educational placement of the child, or the provision of a 15 free, appropriate, public education to the child. A request is made by providing written 16 notice to the other party to the hearing. A parent shall make a request for a due process 17 hearing under this section not later than 12 months after the date that the school district 18 provides the parent with written notice of the decision with which the parent disagrees. 19 A school district shall make its request for a due process hearing in accordance with the 20 time limit established by the department by regulation. 21 (b) If a due process hearing is requested by either a school district or a parent, the 22 school district shall contact the department to request appointment of a hearing officer. 23 The department shall select a hearing officer through a random selection process, from a 24 list maintained by the department under (g) of this section. Within five working days 25 after receipt of the request, the department shall provide to the school district and the 26 parent a notice of appointment, including the name and a statement of qualifications, of 27 the hearing officer that the department determines is available to conduct the hearing. 28 (c) The school district and the parent each have the right to reject, without stating 29 a reason, one hearing officer appointed under this section. The rejecting party shall 30 notify the department of that rejection in writing within five days after receipt of the 31 department's notice of appointment. If a hearing officer is rejected under this subsection,
01 the department shall, within five working days after receipt of the written rejection, 02 provide a notice of appointment, including the name and a statement of qualifications, of 03 another hearing officer that the department determines is available to conduct the 04 hearing. Each appointment is subject to a right of rejection under this subsection by a 05 party who has not previously rejected an appointment. 06 (d) After a hearing officer is appointed and the time for rejection under (c) of 07 this section has expired, the hearing officer shall immediately inform the parent and 08 the school district of the availability of the mediation process provided under 09 AS 14.30.194 and encourage use of that process to attempt to resolve the disagreement 10 between the parent and the school district. If the mediation process does not result in 11 settlement of all of the issues, the hearing officer shall conduct a hearing in 12 conformance with the requirements of federal law, including 34 C.F.R. 300.507 - 509. 13 After the hearing is completed, the hearing officer shall issue a written decision that 14 (1) upholds the school district's decision; or 15 (2) overturns the school district's decision with specific instructions for 16 modification of the identification, evaluation, educational placement, or provision of the 17 education program by the district. 18 (e) A hearing officer's decision under this section is final and binding on the 19 school district and parent unless appealed under (f) of this section. Notwithstanding a 20 decision by the hearing officer, a child may not be evaluated, placed, transferred, or 21 compelled to receive special education or related services from the school district until 22 the period for filing an appeal under (f) of this section has expired or, if an appeal is 23 filed, until the appellate review process has been completed. 24 (f) A hearing officer's decision under this section is a final administrative 25 order, subject to appeal to the superior court for review in the manner provided under 26 AS 44.62.560. 27 (g) The department shall maintain a list of qualified hearing officers and shall 28 provide for qualification of hearing officers through a training program that is open to 29 all individuals who meet the criteria set by the department by regulation. The list of 30 qualified hearing officers shall be maintained as a public record. 31 (h) For purposes of this section, a student with a disability aged 18 - 21 has the
01 same rights and obligations under this section as a parent of a child with a disability. 02 * Sec. 12. AS 14.30 is amended by adding a new section to read: 03 Sec. 14.30.194. Mediation. (a) The department shall, by regulation, 04 establish and implement a voluntary mediation process in conformance with the 05 requirements of federal law, including 34 C.F.R. 300.506. The department shall 06 encourage the use of mediation for settlement of disputes under AS 14.30.180 - 07 14.30.350. 08 (b) The department shall 09 (1) maintain a list of individuals who are qualified mediators 10 knowledgeable in the federal and state statutes and regulations relating to the 11 provision of special education and related services; and 12 (2) provide for qualification of mediators through a training program 13 that is open to all individuals who meet the criteria set by the department by 14 regulation. 15 * Sec. 13. AS 14.30.231 is amended to read: 16 Sec. 14.30.231. Advisory panel [COMMITTEE]. The Governor's Council 17 on Disabilities and Special Education established under AS 47.80 shall serve as the 18 state [AN] advisory panel [COMMITTEE], the function of which is to provide 19 information and guidance for the development of appropriate programs of special 20 education and related services for [EXCEPTIONAL] children with disabilities. 21 * Sec. 14. AS 14.30.250 is amended to read: 22 Sec. 14.30.250. Teacher qualifications. A person may not be employed as a 23 teacher of [EXCEPTIONAL] children with disabilities unless that person possesses a 24 valid teacher certificate and, in addition, the [SUCH] training that [AS] the 25 department requires [MAY REQUIRE] by regulation. 26 * Sec. 15. AS 14.30.270 is amended to read: 27 Sec. 14.30.270. Substitutes. AS 14.30.250 does not prohibit the employment 28 of a person, otherwise qualified to serve as a substitute teacher, to serve as a substitute 29 teacher of [EXCEPTIONAL] children with disabilities. 30 * Sec. 16. AS 14.30.272 is amended to read: 31 Sec. 14.30.272. Procedural safeguards. (a) A school district shall inform
01 the parent of a [AN EXCEPTIONAL] child with a disability of the right 02 (1) to review the child's educational record; 03 (2) [,] to review evaluation tests and procedures; 04 (3) [,] to refuse to permit evaluation or a change in the child's 05 educational placement; 06 (4) [,] to be informed of the results of evaluation; 07 (5) [,] to obtain an independent evaluation by choosing a person from a 08 list provided by the school district or by choosing a person by agreement between the 09 parent and school district; 10 (6) [,] to request a due process [AN IMPARTIAL] hearing; 11 (7) [,] to appeal a hearing officer's decision; and 12 (8) [, AND] to give consent or deny access to others to the child's 13 educational record. 14 (b) The department shall establish, by regulation, impartial procedures for a 15 school district to follow for due process hearings [UNDER AS 14.30.193] to comply 16 with requirements necessary to participate in federal grant-in-aid programs, including 17 20 U.S.C. 1400 - 1487 [20 U.S.C. 1400 - 1485] (Individuals with Disabilities 18 Education Act). 19 * Sec. 17. AS 14.30.274 is amended to read: 20 Sec. 14.30.274. Identification of [EXCEPTIONAL] children with 21 disabilities. Each school district shall establish and implement written procedures to 22 ensure that all [EXCEPTIONAL] children with disabilities under the age of 22 for 23 whom the agency is responsible under AS 14.30.186 to provide special education 24 and related services [WHO RESIDE IN THE DISTRICT] are identified and located 25 for the purpose of establishing their need for special education and related services. 26 * Sec. 18. AS 14.30.276 is amended to read: 27 Sec. 14.30.276. Least restrictive environment. Each school district shall 28 ensure that, to the maximum extent appropriate, [EXCEPTIONAL] children with 29 disabilities, including children in public or private institutions or other care facilities, 30 are educated with children who are not children with disabilities [EXCEPTIONAL] 31 and that special classes, separate schooling, or other removal of [EXCEPTIONAL]
01 children with disabilities from the regular educational environment occurs only when 02 the nature or severity of the child's disability [EXCEPTIONALITY] is such that 03 education in regular classes with the use of supplementary aids and services cannot be 04 achieved satisfactorily. 05 * Sec. 19. AS 14.30.278 is repealed and reenacted to read: 06 Sec. 14.30.278. Individualized education program. A school district shall 07 develop an individualized education program for special education and related 08 services for each eligible child with a disability. The plan must be completed not later 09 than 30 days after the determination of the child's eligibility. Each individualized 10 education program shall be developed and periodically reviewed and revised as 11 necessary in conformance with federal requirements, including 34 C.F.R. 300.340 - 12 350. 13 * Sec. 20. AS 14.30.285(a) is amended to read: 14 (a) The department shall institute a statewide program for the education of 15 [EXCEPTIONAL] children with disabilities [,] to ensure that whenever possible 16 children are educated in the state at locations in or near their resident school district. 17 * Sec. 21. AS 14.30.285(b) is amended to read: 18 (b) An identified [EXCEPTIONAL] child with a disability may be sent to an 19 educational program or residential school outside the child's community or school 20 district if the child resides in a community or school district where an appropriate 21 educational program cannot reasonably be made available and if the school district 22 [DEPARTMENT] determines that provision of special education and related services 23 in another educational program or residential school is appropriate. If the school 24 district approves [AND THE DEPARTMENT APPROVE] the enrollment of a [THE 25 EXCEPTIONAL] child with a disability in another educational program or 26 residential school outside the child's community or school district and the child is 27 enrolled, the child's education expenses shall be paid as follows: 28 (1) except as otherwise provided by (2) of this subsection, the sending 29 district shall pay all costs associated with the transfer; 30 (2) the department may provide financial assistance to the school 31 district for a child's education provided for in (1) of this subsection under regulations
01 adopted by the department. 02 * Sec. 22. AS 14.30.285(e) is amended to read: 03 (e) The educational assessment of a [AN EXCEPTIONAL] child with a 04 disability that indicates that the educational program that is locally available is 05 inappropriate for the needs of the child must conform to the standards set out in 06 AS 14.30.191. 07 * Sec. 23. AS 14.30.285(f) is amended to read: 08 (f) A school district shall obtain informed [THE] consent of the child's parent 09 before a child may be transferred to a school outside the district in which the child 10 resides. 11 * Sec. 24. AS 14.30.285(g) is amended to read: 12 (g) The withholding of informed consent by a parent [OR 13 DEPARTMENTAL APPROVAL] for the transfer of a [AN EXCEPTIONAL] child 14 with a disability under this section does not relieve a school district of the obligation 15 to provide special education and related services to the [AN EXCEPTIONAL] child 16 [UNDER AS 14.30.186]. 17 * Sec. 25. AS 14.30.325(a) is amended to read: 18 (a) The department shall [MAY] by regulation provide for the appointment of 19 surrogate parents to represent a child with a disability [EXCEPTIONAL 20 CHILDREN] in matters relating to the provision of an appropriate public education. 21 * Sec. 26. AS 14.30.335 is amended to read: 22 Sec. 14.30.335. Eligibility for federal funds. Notwithstanding any other 23 provision of AS 14.30.180 - 14.30.350, the department may do all things necessary to 24 qualify for federal funds that are available to the state for the education of 25 [EXCEPTIONAL] children with disabilities. 26 * Sec. 27. AS 14.30.340 is amended to read: 27 Sec. 14.30.340. Provision of special education in a private school, home, or 28 hospital setting. (a) If a parent of a [AN EXCEPTIONAL] child with a disability 29 enrolls the child in a private school, including a religious school, at the parent's 30 expense or teaches the child at home, the school district in which the child resides [IS 31 LOCATED] shall make special education and related services available in
01 conformance with federal requirements, including 34 C.F.R. 300.450 - 462. A 02 parent teaching the parent's child at home may refuse special education and 03 related services for the child [AN INDIVIDUALIZED EDUCATION PROGRAM 04 UNDER AS 14.30.278]. 05 (b) If a physician certifies in writing, and if the child's individualized 06 education program under AS 14.30.278 provides [TEAM THEN DETERMINES] 07 that a child's bodily, mental, or emotional condition does not permit attendance at a 08 school and the child's parents do not elect to teach the child at home as permitted 09 under AS 14.30.010(b), the school district in which the child is located shall enroll the 10 child in public school and provide the child with special education and related services 11 in conformance with the child's [AN] individualized education program [UNDER 12 AS 14.30.278] at the child's home or at a medical treatment facility. 13 * Sec. 28. AS 14.30.347 is amended to read: 14 Sec. 14.30.347. Transportation of [EXCEPTIONAL] children with 15 disabilities. When transportation is required to be provided as a related service, a 16 child with a disability [SERVICES, AN EXCEPTIONAL CHILD] shall be 17 transported [CARRIED] with children who are not children with disabilities 18 [OTHER CHILDREN] if the district provides transportation to [OTHER] children in 19 the district, except when the nature of the physical or mental disability is such that it is 20 in the best interest of the [EXCEPTIONAL] child with a disability, as provided in 21 the child's individualized education program [DETERMINED BY THE SCHOOL 22 DISTRICT], that the child be transported separately. State reimbursement for 23 transportation of [EXCEPTIONAL] children with disabilities shall be as provided for 24 transportation of all other pupils except that eligibility for reimbursement is not 25 subject to restriction based on the minimum distance between the school and the 26 residence of the exceptional child with a disability. 27 * Sec. 29. AS 14.30.350(2) is repealed and reenacted to read: 28 (2) "child with a disability" means a child with one or more of the 29 following: 30 (A) mental retardation; 31 (B) learning disabilities;
01 (C) emotional disturbance; 02 (D) deafness; 03 (E) deaf-blindness; 04 (F) hearing impairment; 05 (G) orthopedic impairment; 06 (H) other health impairment; 07 (I) speech or language impairment; 08 (J) visual impairment; 09 (K) multiple disabilities; 10 (L) early childhood development delay; 11 (M) autism; 12 (N) traumatic brain injury; 13 * Sec. 30. AS 14.30.350(8) is repealed and reenacted to read: 14 (8) "parent" means a 15 (A) child's natural or adoptive parent; 16 (B) child's guardian, but not the state if the child is in the legal 17 custody of the state; 18 (C) person who is acting in the place of a child's natural or 19 adoptive parent, such as a grandparent or stepparent with whom the child lives, 20 or a person who is legally responsible for the child's welfare; and 21 (D) child's surrogate parent who has been appointed under 22 AS 14.30.325; 23 * Sec. 31. AS 14.30.350(9) is repealed and reenacted to read: 24 (9) "related services" means services described in 34 C.F.R. 300.24; 25 * Sec. 32. AS 14.30.350(10) is repealed and reenacted to read: 26 (10) "school district" means a borough school district, a city school 27 district, a regional educational attendance area, a state boarding school, and the state 28 centralized correspondence study program; 29 * Sec. 33. AS 14.30.350(11) is repealed and reenacted to read: 30 (11) "special education" means an educational program described in 34 31 C.F.R. 300.26;
01 * Sec. 34. AS 14.30.350 is amended by adding new paragraphs to read: 02 (12) "due process hearing" means a hearing conducted under 03 AS 14.30.193; 04 (13) "informed consent" means that 05 (A) a child's parent has been fully informed, in the parent's 06 native language or other mode of communication, of all information relevant to 07 the activity for which consent is sought; 08 (B) the parent understands and agrees in writing to the carrying 09 out of the activity for which the parent's consent is sought; 10 (C) the consent describes that activity and lists any records that 11 will be released and to whom; and 12 (D) the parent understands that the granting of consent is 13 voluntary on the part of the parent and may be revoked at any time. 14 * Sec. 35. AS 14.30.640 is amended to read: 15 Sec. 14.30.640. Eligibility for service. The services of the agency shall be 16 available to school districts that serve children whose special education needs occur 17 infrequently, who require specialized services not normally available in the school 18 district, and who cannot be easily served by local school district personnel because of 19 the low number of students in the district in need of the particular service. The agency 20 may provide services to a child with a disability [EXCEPTIONAL CHILDREN], as 21 that term is defined in AS 14.30.350. 22 * Sec. 36. AS 29.60.599(7) is amended to read: 23 (7) "school district" means a borough school district, a city school 24 district, or a regional educational attendance area under AS 14 [HAS THE 25 MEANING GIVEN IN AS 14.30.350]; 26 * Sec. 37. AS 44.21.410(a) is amended to read: 27 (a) The office of public advocacy shall 28 (1) perform the duties of the public guardian under AS 13.26.360 - 29 13.26.410; 30 (2) provide visitors and experts in guardianship proceedings under 31 AS 13.26.131;
01 (3) provide guardian ad litem services to children in child protection 02 actions under AS 47.17.030(e) and to wards and respondents in guardianship 03 proceedings who will suffer financial hardship or become dependent upon a 04 government agency or a private person or agency if the services are not provided at 05 state expense under AS 13.26.112; 06 (4) provide legal representation in cases involving judicial bypass 07 procedures for minors seeking abortions under AS 18.16.030, in guardianship 08 proceedings to respondents who are financially unable to employ attorneys under 09 AS 13.26.106(b), to indigent parties in cases involving child custody in which the 10 opposing party is represented by counsel provided by a public agency, to indigent 11 parents or guardians of a minor respondent in a commitment proceeding concerning 12 the minor under AS 47.30.775; 13 (5) provide legal representation and guardian ad litem services under 14 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 15 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 16 petitions for the termination of parental rights on grounds set out in 17 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor 18 under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under 19 AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for 20 protective orders on behalf of a minor; and in cases involving indigent persons who 21 are entitled to representation under AS 18.85.100 and who cannot be represented by 22 the public defender agency because of a conflict of interests; 23 (6) develop and coordinate a program to recruit, select, train, assign, 24 and supervise volunteer guardians ad litem from local communities to aid in delivering 25 services in cases in which the office of public advocacy is appointed as guardian ad 26 litem; 27 (7) provide guardian ad litem services in proceedings under 28 AS 12.45.046; 29 (8) establish a fee schedule and collect fees for services provided by 30 the office, except as provided in AS 18.85.120 or when imposition or collection of a 31 fee is not in the public interest as defined under regulations adopted by the
01 commissioner of administration; 02 (9) provide visitors and guardians ad litem in proceedings under 03 AS 47.30.839; 04 (10) provide legal representation to an indigent parent of a child with 05 a disability; in this paragraph, "child with a disability" has the meaning given in 06 AS 14.30.350 [PARENTS UNDER AS 14.30.195(e)]. 07 * Sec. 38. AS 47.80.090(9) is amended to read: 08 (9) provide information and guidance for the development of 09 appropriate special educational programs and services for a child with a disability 10 [EXCEPTIONAL CHILDREN] as defined in AS 14.30.350; 11 * Sec. 39. AS 47.80.900(6) is amended to read: 12 (6) "person with a handicap" means a person with a developmental 13 disability as defined in (7) of this section or a person who is hard of hearing, deaf, 14 speech impaired, visually handicapped, seriously emotionally disturbed, 15 orthopedically or otherwise health impaired, or who has a specific learning disability; 16 the term includes a child with a disability [BUT IS NOT LIMITED TO 17 "EXCEPTIONAL CHILDREN"] as defined in AS 14.30.350; 18 * Sec. 40. AS 14.30.186(b), 14.30.195, 14.30.315(b), 14.30.350(3), 14.30.350(5), 19 14.30.350(6), and 14.30.350(7) are repealed. 20 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: REGULATIONS. (a) The state Board of Education and Early 23 Development may immediately proceed to adopt regulations necessary to implement the 24 changes made by this Act. The regulations take effect under AS 44.62 (Administrative 25 Procedure Act), but not before the effective date of the statutory change. 26 (b) To the extent they are not inconsistent with the statutory changes made by this 27 Act, regulations adopted by the state Board of Education and Early Development and in effect 28 on July 1, 2001, continue in effect until amended or repealed by the board, and may be 29 enforced and implemented. 30 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 REVISOR'S INSTRUCTIONS. The revisor of statutes is requested to change the 02 following: 03 (1) the heading of Article 3 of AS 14.30 from "Education For Exceptional 04 Children" to "Education for Children With Disabilities"; 05 (2) the catchline of AS 14.30.285 from "Transfers of exceptional children" to 06 "Transfers of children with disabilities." 07 * Sec. 43. Section 41(a) of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 44. Except as provided in sec. 43 of this Act, this Act takes effect July 1, 2001.