HB 76: "An Act relating to the Governor's Council on Disabilities and Special Education."

00 HOUSE BILL NO. 76 01 "An Act relating to the Governor's Council on Disabilities and Special Education." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.80.030 is amended to read: 04 Sec. 47.80.030. Governor's council on disabilities and special education. 05 There is established the Governor's Council on Disabilities and Special Education. For 06 budgetary purposes, the council is located within the Department of Health and Social 07 Services but is the interdepartmental planning and coordinating agency of the 08 Department of Health and Social Services, the Department of Education and Early 09 Development, and other departments that deliver services to persons who are 10 [GIFTED OR] experiencing a disability. In addition, except as provided in 11 AS 47.80.300 - 47.80.330, the council is the state planning council and interagency 12 coordinating council for purposes of federal laws relating to persons who are 13 [GIFTED OR] experiencing a disability. 14 * Sec. 2. AS 47.80.090 is amended to read: 15 Sec. 47.80.090. Responsibilities. The council shall

01 (1) serve as a forum by which issues and benefits regarding current and 02 potential services to disabled [AND GIFTED] persons may be discussed by consumer, 03 public, private, professional, and lay interests; 04 (2) advocate the needs of disabled [AND GIFTED] persons before the 05 executive and legislative branches of the state government and before the public; 06 (3) advise the executive and legislative branches of the state 07 government and the private sector on programs and policies pertaining to current and 08 potential services to disabled [OR GIFTED] persons and their families; 09 (4) submit periodic reports to the commissioner of health and social 10 services, the commissioner of education and early development, and to other 11 appropriate departments, on the effects of current federal and state programs regarding 12 services to disabled [OR GIFTED] persons; these reports must include program 13 performance reports to the governor, the federal government, and [TO] state agencies 14 as required under 20 U.S.C. 1482 and 42 U.S.C. 15025 [42 U.S.C. 6024]; 15 (5) in conjunction with the Departments of Health and Social Services 16 and Education and Early Development, develop, prepare, adopt, periodically review, 17 and revise as necessary an annual state plan prescribing programs that meet the needs 18 of persons with developmental disabilities as required under 42 U.S.C. 15024 [42 19 U.S.C. 6022]; 20 (6) review and comment to commissioners of state departments on all 21 state plans and proposed regulations relating to programs for persons who are 22 experiencing disabilities before the adoption of a plan or regulation; for this purpose, 23 the appropriate departments shall submit the plans and proposed regulations to the 24 council; 25 (7) recommend the priorities and specifications for the use of funds 26 received by the state under 20 U.S.C. 1471 - 1482 [20 U.S.C. 1471 - 1485] and 42 27 U.S.C. 15001 - 15083 [42 U.S.C. 6000 - 6083]; 28 (8) submit annually to the commissioner of health and social services, 29 the commissioner of education and early development, and the commissioner of 30 commerce, community, and economic development a proposed interdepartmental 31 program budget for services to disabled [OR GIFTED] persons that includes, insofar

01 as possible, projected revenues and expenditures for programs implemented by state 02 agencies, local governmental agencies, and private organizations; the 03 interdepartmental program budget is an informational supplement to the regular 04 annual budgetary submissions of the departments to the Office of the Governor; 05 (9) provide information and guidance for the development of 06 appropriate special educational programs and services for a child with a disability as 07 defined in AS 14.30.350; 08 (10) monitor and evaluate budgets or other implementation plans and 09 programs for disabled [AND GIFTED] persons to assure nonduplication of services 10 and encourage efficient and coordinated use of federal, state, and private resources in 11 the provision of services; members of the council, with the approval of the council, 12 have access to information in the possession of state agencies subject to disclosure 13 restrictions imposed by state or federal confidentiality or privacy laws; 14 (11) perform other duties required under applicable federal laws or 15 AS 14.30.231 and as the governor may assign; 16 (12) govern the special education service agency and may hire 17 personnel necessary to operate the agency; and 18 (13) provide to the Alaska Mental Health Trust Authority for its 19 review and consideration recommendations concerning the integrated comprehensive 20 mental health program for the people of the state who are described in 21 AS 47.30.056(b)(2) and the use of the money in the mental health trust settlement 22 income account in a manner consistent with regulations adopted under AS 47.30.031.