Report Title:

Felix consent decree; special fund

 

Description:

Requires the social science research institute of UH to monitor and assess special education, health, and mental health services provided to students in Hawaii's public schools. Provides for a special fund.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1660

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to students.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that students who require special education, health, mental health, and other related services in Hawaii have not been provided these services consistently and adequately. The Felix v. Cayetano consent decree (consent decree) has been the catalyst for monumental changes in the quantity of such services being made available to students who are entitled to state-sponsored assistance for their disabilities and impediments to learning. However, the State has not yet met all of the requirements of the consent decree, and even when these requirements are finally met, this will not necessarily mean that students are receiving the most effective services available.

To ensure that students in Hawaii receive the best special education, health, and mental health services due to them, irrespective of the status of the Felix v. Cayetano lawsuit, there needs to be comprehensive and consistent assessments made of these services. Furthermore, the assessments need to measure the impact of making services available to the students by measuring outcomes objectively and scientifically. To enable the State to meet its obligations under the consent decree, an independent, unbiased entity must conduct scientifically sound research to perform these assessments.

The purpose of this Act is to:

    1. Require the social science research institute of the University of Hawaii to monitor and assess special education, health, and mental health services provided to students in Hawaii's public schools; and
    2. Establish a special fund to accomplish this purpose.

SECTION 2. Chapter 304, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§304- Process and outcome evaluations; Felix v. Cayetano consent decree. (a) The social science research institute of the University of Hawaii at Manoa shall monitor and assess special education, health, and mental health services provided to students in Hawaii's public schools by conducting process and outcome evaluations to monitor the State's progress in complying with the Felix v. Cayetano consent decree. Research conducted by the institute shall be performed using accepted scientific data collection and analysis methods. In gathering data and providing analysis, the institute shall consider the following:

(1) Level and availability of services;

(2) Quality and effectiveness of services provided;

(3) Cost-effectiveness of services provided;

(4) Quantifiable data on outcomes of services provided;

(5) Organizational assessments of state agencies providing or administering services; and

(6) Inter-organizational assessments of cooperative functioning between state agencies providing or administering services.

(b) The institute shall submit annual reports to the legislature about the process and outcome evaluations no later than twenty days before the convening of each regular session.

§304- Process and outcome evaluations special fund. (a) There is established in the state treasury the process and outcome evaluations special fund, to be administered by the University of Hawaii, into which shall be deposited:

(1) Appropriations from the legislature;

(2) All interest earned on or accrued to moneys deposited in the special fund;

(3) Grants or gifts provided by governmental agencies or any other source; and

(4) Any other moneys made available to the special fund from other sources.

(b) Moneys in the special fund shall be used for all costs and expenses associated with the process and outcome evaluations required pursuant to section 304- , including personnel and administrative costs.

(c) The social science research institute shall submit annual reports to the legislature describing all transactions and activities involved in the administration of the process and outcome evaluations special fund no later than twenty days before the convening of each regular session."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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