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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 211                                                                                                         
01 Relating to the education and employment of individuals with disabilities.                                              
02                           _______________                                                                               
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 Education 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, or become enrolled in postsecondary                            
01       education.                                                                                                        
02            (c)  In this section, "gainfully employed" means employed full time or part                                  
03       time within one year of leaving high school.                                                                      
04    * Sec. 3. AS 23.15 is amended by adding a new section to read:                                                     
05            Sec. 23.15.095. Gainful employment of individuals with disabilities. (a)                                   
06       When providing vocational training, vocational rehabilitation, or employment                                      
07       placement of an individual with a disability, the agency's primary objective and                                  
08       preferred outcome is to help the individual become gainfully employed in an                                       
09       integrated workplace where individuals with disabilities work with and alongside of                               
10       individuals without disabilities.                                                                                 
11            (b)  By December 31 of each year, the commissioner shall provide to the                                      
12       Alaska Mental Health Trust Authority established by AS 47.30.011 a report on the                                  
13       agency's progress toward the objective under (a) of this section.                                                 
14            (c)  In this section, "gainfully employed" means employed full time or part                                  
15       time for compensation that is                                                                                     
16                 (1)  at or above the minimum wage; and                                                                  
17                 (2)  not less than the compensation paid by the employer for the same                                   
18       or similar work performed by an individual who is not disabled.                                                   
19    * Sec. 4. AS 39.28.040 is amended by adding new subsections to read:                                               
20            (b)  When administering requirements of this chapter related to the vocational                               
21       training, vocational rehabilitation, or employment placement of an individual with a                              
22       disability who can reasonably be expected to benefit in terms of employability from                               
23       the provision of vocational rehabilitation services, the department's primary objective                           
24       and preferred outcome is to help the individual become gainfully employed in an                                   
25       integrated workplace where individuals with disabilities work with and alongside of                               
26       individuals without disabilities.                                                                                 
27            (c)  Nothing in this section requires the hiring of an individual with a disability.                         
28            (d)  In this section,                                                                                        
29                 (1)  "gainfully employed" means employed full time or part time for                                     
30       compensation that is                                                                                              
31                      (A)  at or above the minimum wage; and                                                             
01                      (B)  not less than the compensation paid by the employer for the                                   
02            same or similar work performed by an individual who is not disabled;                                         
03                 (2)  "individual with a disability" means an individual who has a                                       
04       physical or mental impairment that substantially limits one or more major life                                    
05       activities and that constitutes or results in a substantial barrier to employment.                                
06    * Sec. 5. AS 47.80 is amended by adding a new section to read:                                                     
07            Sec. 47.80.135. Gainful employment of persons with disabilities. (a) When                                  
08       carrying out duties under AS 47.80.130 related to the provision of services to a person                           
09       with a disability, the department's primary objective and preferred outcome is to help                            
10       the person become gainfully employed in the general workforce of the public or                                    
11       private sector in an integrated workplace where persons with disabilities work with                               
12       and alongside of persons without disabilities.                                                                    
13            (b)  By December 31 of each year, the commissioner of health and social                                      
14       services shall provide to the Alaska Mental Health Trust Authority established by                                 
15       AS 47.30.011 a report on the department's progress toward the objective under (a) of                              
16       this section.                                                                                                     
17            (c)  In this section, "gainfully employed" means employed full time or part                                  
18       time for compensation that is                                                                                     
19                 (1)  at or above the minimum wage; and                                                                  
20                 (2)  not less than the compensation paid by the employer for the same                                   
21       or similar work performed by a person who is not disabled.                                                        
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