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Minutes for HB2487 - Committee on Education

Short Title

Including emotional disability rather than emotional disturbance in the definitions of "children with disabilities" and "individuals with disabilities."

Minutes Content for Tue, Mar 10, 2020

Representative Blake Carpenter, District 81, Kansas House of Representatives, is seeking to change the term with the special education eligibility labeling but not to amend the definition or how it is reported. This would be staying in compliance with the Federal Government and not lose any special education funding dollars provided by the Federal Government. This term came from a Special Education Advisory Council meeting and was passed on for recommendation to the State School Board. A large majority of the changes can be completed by the State School Board, but there is also a need for statutory changes as well. (Attachment 6)

Senator Alley said disturbance is singular and disability is multiple and wanted to understand why the term was being changed to a multiple term. Rep. Carpenter explained that Emotional Disturbed is an umbrella term with many items underneath it i.e. anxiety, depression and others like them so it actually covers many disabilities.

Leah Grim, Licensed Master Social Worker (LMSW), Derby, KS, said one of the most controversial and burdensome eligibility labels to encounter, for the special education team and parents alike, is Emotional Disturbance which has a negative connotation. Gender inequalities and bias are ubiquitous with the label. Regrettably, race also influences these outcomes. She has watched firsthand as parents of children plagued with anxiety and depression weigh the consequences of labeling their child with an Emotional Disturbance to secure support for their child or enduring continued academic failure for fear of stigmatization, isolation, and discrimination. She is proposing change to not only Kansas state rules and regulations but Kansas State law. It is her hope parents will never have to choose between garnering special education support for their children or a life changing label. (Attachment 7)

Written testimony was submitted by:

Rebekah Helget, Chair of the Kansas Special Education Advisor Council (Attachment 8)

Deena Horst and Jim Porter, Legislative Liaisons, Kansas State Board of Education (Attachment 9)

Seeing no further questions, Chairperson Baumgardner closed the hearing on HB2487.

The meeting was adjourned at 2:22 PM.

The next scheduled meeting is March 11, 2020.