CSHB 211(L&C): "An Act relating to the education and employment of individuals with disabilities."
00 CS FOR HOUSE BILL NO. 211(L&C) 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.
01 (c) In this section, "gainfully employed" means employed full time or part 02 time within one year of leaving high school. 03 * Sec. 3. AS 23.15 is amended by adding a new section to read: 04 Sec. 23.15.095. Gainful employment of individuals with disabilities. (a) 05 When providing vocational training, vocational rehabilitation, or employment 06 placement of an individual with a disability, the agency's primary objective and 07 preferred outcome is to help the individual become gainfully employed in an 08 integrated workplace where individuals with disabilities work with and alongside of 09 individuals without disabilities. 10 (b) By December 31 of each year, the commissioner shall provide to the 11 Alaska Mental Health Trust Authority established by AS 47.30.011 a report on the 12 agency's progress toward the objective under (a) of this section. 13 (c) In this section, "gainfully employed" means employed full time or part 14 time for compensation that is 15 (1) at or above the minimum wage; and 16 (2) not less than the compensation paid by the employer for the same 17 or similar work performed by an individual who is not disabled. 18 * Sec. 4. AS 39.28.040 is amended by adding new subsections to read: 19 (b) When administering requirements of this chapter related to the vocational 20 training, vocational rehabilitation, or employment placement of an individual with a 21 disability who can reasonably be expected to benefit in terms of employability from 22 the provision of vocational rehabilitation services, the department's primary objective 23 and preferred outcome is to help the individual become gainfully employed in an 24 integrated workplace where individuals with disabilities work with and alongside of 25 individuals without disabilities. 26 (c) Nothing in this section requires the hiring of an individual with a disability. 27 (d) In this section, 28 (1) "gainfully employed" means employed full time or part time for 29 compensation that is 30 (A) at or above the minimum wage; and 31 (B) not less than the compensation paid by the employer for the
01 same or similar work performed by an individual who is not disabled; 02 (2) "individual with a disability" means an individual who has a 03 physical or mental impairment that substantially limits one or more major life 04 activities and that constitutes or results in a substantial barrier to employment. 05 * Sec. 5. AS 47.80 is amended by adding a new section to read: 06 Sec. 47.80.135. Gainful employment of persons with disabilities. (a) When 07 carrying out duties under AS 47.80.130 related to the provision of services to a person 08 with a disability, the department's primary objective and preferred outcome is to help 09 the person become gainfully employed in the general workforce of the public or 10 private sector in an integrated workplace where persons with disabilities work with 11 and alongside of persons without disabilities. 12 (b) By December 31 of each year, the commissioner of health and social 13 services shall provide to the Alaska Mental Health Trust Authority established by AS 14 47.30.011 a report on the department's progress toward the objective under (a) of this 15 section. 16 (c) In this section, "gainfully employed" means employed full time or part 17 time for compensation that is 18 (1) at or above the minimum wage; and 19 (2) not less than the compensation paid by the employer for the same 20 or similar work performed by a person who is not disabled.