2001-01-17                     Senate Journal                      Page 0098
SB 40                                                                                             
SENATE BILL NO. 40 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the education of children with                                        
          disabilities and of gifted children; relating to the                                      
          Governor's Council on Disabilities and Special                                            
          Education; making conforming amendments; and                                              
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Education and Early                                         
 Development                                                                                        

2001-01-17                     Senate Journal                      Page 0099
Governor's transmittal letter dated January 15:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Alaska's responsibility for providing quality educational services for                              
our children extends to all children, including those with unique                                   
educational needs. I transmit today a bill clarifying the state's role in                           
the education of our exceptional children.                                                          
                                                                                                    
In 1997, Congress authorized amendments to the Individuals with                                     
Disabilities Education Act (IDEA). The subsequent federal regulations                               
related to the IDEA took effect in May 1999. This bill amends                                       
inconsistent components of our state statutes to bring Alaska into                                  
compliance with these current federal special education mandates,                                   
including emphasizing the participation of parents in making decisions                              
relating to special education eligibility and services.                                             
                                                                                                    
An important protection provided to both school districts and children                              
with disabilities is the due process hearing. This bill clarifies the                               
procedures for requesting a due process hearing and streamlines the                                 
process for selecting a hearing officer by having the Department of                                 
Education and Early Development (department) randomly assign                                        
officers from a list maintained by the department. These procedures                                 
will help due process hearings be completed in a fair and timely                                    
fashion.                                                                                            
                                                                                                    
Alaska law presently requires that a school district provide special                                
education services to children with disabilities who reside in the                                  
district. State law also exempts children from attending public school                              
if children are enrolled in an alternative education program. This has                              
resulted in confusion regarding which school district or other                                      
educational agency is responsible for providing special education                                   
services when children are enrolled in alternate programs. This bill                                
addresses this problem by providing for allocation of the                                           
responsibilities and coordination of the provision of special education                             
services among the various educational agencies.                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-17                     Senate Journal                      Page 0100
Present state law provides a combined program of services for gifted                                
children and for children with disabilities. The detailed requirements                              
of the federal IDEA and thefederal program financing apply only to                                  
the state's educational programs forchildren with disabilities; federal                             
money for the IDEA may not be used for programs for gifted children.                                
To be consistent with federal requirements, this bill separates statutes                            
regarding special education requirements for children with disabilities                             
from those regarding requirements for gifted children. However, the                                 
bill maintains procedural safeguards for both programs.                                             
                                                                                                    
As part of Alaska's commitment to quality education for all children,                               
including children with disabilities and gifted children, I urge your                               
prompt and favorable action on this bill.                                                           
                                                                                                    
      Sincerely,                                                                                    
      /s/                                                                                           
      Tony Knowles                                                                                  
      Governor