Legislature(1999 - 2000)
04/14/2000 01:28 PM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
April 14, 2000
1:28 p.m.
MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Gary Wilken
Senator Kim Elton
MEMBERS ABSENT
Senator Pete Kelly, Vice-Chairman
Senator Drue Pearce
COMMITTEE CALENDAR
SENATE BILL NO. 205
"An Act relating to the education of exceptional children; and
providing for an effective date."
-HEARD AND HELD
CS FOR HOUSE BILL NO. 392(HES)
"An Act relating to continuances for temporary custody hearings
that follow emergency custody of a child; and amending Rule 10,
Alaska Child in Need of Aid Rules."
-SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 253(JUD)
"An Act relating to a school disciplinary and safety program; and
providing for an effective date."
-SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 277(FIN)
"An Act relating to payment of retirement benefits for certain
subsequently reemployed retired members of the teachers'
retirement system; and providing for an effective date."
-SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 346(HES)
"An Act requiring the Department of Health and Social Services to
establish a waiting list for state-funded services for persons
with developmental disabilities and requiring the department to
submit an annual report concerning the waiting list and persons
with developmental disabilities."
-SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 205 - See HESS minutes dated 4/12/00.
WITNESS REGISTER
Ms. Joan D'Angeli
Juneau, Alaska
POSITION STATEMENT: Supports SB 205 and suggested amendments.
Ms. Faye Nieto, Director
Parents, Inc.
Anchorage, AK
POSITION STATEMENT: Supports SB 205.
Ms. Louise Parish
Box 1182
Valdez, AK 99686
POSITION STATEMENT: Commented on the lack of public hearings on
SB 205.
Ms. Virginia McKinney
Anchorage, AK
POSITION STATEMENT: Opposes CSSB 205(HES)
ACTION NARRATIVE
TAPE 00-18, SIDE A
Number 001
CHAIRMAN MILLER announced at 1:28 p.m. that, due to the lack of a
quorum, he would call a Senate Health, Education and Social
Services (HESS)Committee work session to order for the purpose of
taking public testimony on SB 205. Senator Elton and Chairman
Miller were present.
SB 205-EDUCATION OF EXCEPTIONAL CHILDREN
MS. JOAN D'ANGELI, a Juneau parent, brought the following points
to the committee's attention. She questioned why the due process
provision from the Individuals with Disabilities Education Act
(IDEA) was incorporated into SB 205 but the mediation provision
from Section 300.506 of IDEA was not. As a parent, she would
not know that mediation was available by reading SB 205. IDEA
created Parents, Inc. to navigate and advocate for parents
involved in special education through mediation and due process.
She has been involved in the special education process for 3½
years and only found out about Parents, Inc. last December. She
asked Senators to consider amending CSSB 205(HES), Section 4, to
read, "(a) A school district or a parent of a student with a
disability may request a due process hearing or mediation by the
Parent Training and Information Center ..." to be consistent with
IDEA.
SENATOR ELTON asked where that language should be inserted.
SENATOR WILKEN noted in Section 4 of Version D (page 3, line 11).
MS. D'ANGELI also asked Senators to consider changing the 12
month time period in Section 5, on page 3, line 16, to a 24 month
period. She did not think the word "mediation" needs to be
inserted in that section because due process is an amicable
agreement between all parties. She asked for a 24 month time
period because during her experience with the special education
process, many incidents occurred that she did not know how to
address and that she did not fully understand until at least one
year had passed. She explained that for three years she was
handed a "Notice of Procedural Safeguards" which told her that
she would receive a notice that the school district would be
developing an individual education plan (IEP) for her son. It
did not say that she was supposed to be one of the main writers
of the plan. She learned the process from a manual from the
Disability Law Center. She would never have understood her
rights in this process from the notice she was given by the
school district.
MS. D'ANGELI asked Senators if CSSB 205(HES) will provide more
oversight of special education because many people feel there is
not enough policing of the special education process right now.
She also asked what special education services the Department of
Education and Early Development (DOEED) actually provides, as
referred to on page 2, line 7. She thanked Senators for their
time and expressed support for this bill.
Number 769
SENATOR ELTON pointed out that DOEED staff took note of Ms.
D'Angeli's questions and asked them to address the mediation
issue with Ms. D'Angeli and the next committee of referral.
MS. D'ANGELI added that the procedural safeguard provided by the
school districts does not tell a parent what the legal
requirements of an IEP are. Parents are handed an IEP and asked
to sign it on the spot during a meeting. She had no idea her
son's IEP included only one hour of speech therapy. Parents
cannot help their children if they do not know what is supposed
to be in an IEP to begin with.
CHAIRMAN MILLER took teleconference testimony.
Number 865
MS. FAYE NIETO, Director of Parents, Inc. in Anchorage, explained
that Parents, Inc. is federally funded by the U.S. Department of
Education to provide information and resources to parents whose
children have disabilities. Parents, Inc. is funded through the
efforts of the IDEA, which is what the State of Alaska is trying
to conform with. She urges those in a decision-making capacity
to continue to focus upon the intent of IDEA. IDEA has helped to
educate 1,000,000 children in our country and has helped those
children transition from school to work. IDEA conformance will
provide a structure that will allow the State to put in place
best practices and have a conceptual framework that everyone is
clear about. Parents, Inc. is finding there is a great deal of
confusion among educators around Alaska about the federal law and
the local school district policy. That confusion compromises the
benefits gained from implementing best practices.
MS. NIETO urged committee members to pass SB 205. She has been
told by DOEED that when it begins the regulatory process, ample
opportunity for additional stakeholder information will be
provided. She asked committee members to look at those issues
that are embedded in the appeal process. One area that needs
further review is the use of federal funds. A recent legislative
audit revealed a misuse of funds at the DOEED level for those who
were not disabled. Apparently, gifted and talented student
programs are funded through the local education agency. Using
federal funds for gifted and talented programs, or sports
programs or other programs not consistent with IDEA, places a
significant risk for federal funding. She urged Senators to
consider that issue when they are looking at separating out
issues and supporting those who depend on them for support, not
to minimize the issue of gifted and talented programs but because
they need to be treated in a separate manner.
MS. NIETO informed committee members that a review of compliance
by the State of Alaska is currently underway by the U.S.
Department of Education and $14 million is at risk. Although
discussion about forestalling any sanctions has occurred, Alaska
is still out of compliance. [Ms. Nieto's written testimony is in
the committee file.]
MS. LOUISE PARISH, a parent from Valdez, said she feels very
strongly that SB 205 was constructed without appropriate parent
input. Her main concern is that this bill is moving too fast.
Informal hearings or forums were not arranged so that parents
could become knowledgeable about this bill. She would like to
see a round table stakeholder get-together planned this summer so
that this bill can be made ready for next year. Regarding the
sanctions for noncompliance, she does not believe a bill must
pass this year and asked for proof that federal funds will be
withheld.
Number 1565
MS. VIRGINIA MCKINNEY of Anchorage informed Senators that about
25 people were waiting to testify in Anchorage and all are
dismayed that the meeting will soon end. She supports requiring
every school district to offer a gifted and talented program and
to maintain the procedural safeguards currently in the program.
In times of tight budgets, any program that is not mandated will
not survive. As a parent volunteer in her child's gifted
classroom over the years, she has realized that gifted children
are difficult students to educate. A huge dichotomy between
their physical, emotional and intellectual development exists.
This dichotomy leads to loneliness and isolation and a feeling of
being different. These children are at-risk so it is enormously
important to have teachers who are specially trained in how to
deal with gifted students. She said she believes all committee
members campaigned on a pro-education platform. Many have
invested an enormous amount of time strengthening Alaska's
schools and making sure our students are prepared for jobs of the
future. Taking the procedural teeth out of the gifted program or
eliminating the program by making it an optional add-on flies in
the face of the legislators' hard work in the face of their
campaign promises to support quality education for every child in
Alaska. She asked committee members to vote against these bad
ideas.
CHAIRMAN MILLER announced that due to a floor session, the
meeting will continue on Monday.
SENATOR WILKEN noted that at the end of each session, a bill pops
up that makes legislators nervous, and SB 205 is that bill this
year. He is receiving a lot of correspondence from people on
both sides of the issue, all making good points. He said he
would bet on Alaska's Congressional delegation getting Alaska a
little bit of breathing room to take this legislation apart and
put it back together over the interim. He expressed concern that
the legislature may be rushing into something that may have to be
fixed later.
With no further business, CHAIRMAN MILLER adjourned the meeting
at 2:01 p.m.
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