Special Education

Requires special education students in full-time self-contained
classrooms and integrated self-contained classrooms to be counted
as full count regular students and full count special education
students when computing the statewide student-to-teacher ratio.

HOUSE OF REPRESENTATIVES                H.B. NO.1716       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that for fiscal,
 2 educational, and social reasons, there is increasing pressure to
 3 serve more students in regular classrooms, a movement known as
 4 inclusion.  "Inclusion" as used by educators involves more
 5 changes to regular education than the earlier concept of
 6 "mainstreaming".  Mainstreamed students spend part of the day in
 7 the regular classroom but are often "pulled out" to separate
 8 settings for special services.  Under inclusion, regular
 9 education is expected to change in significant ways so that all
10 or most of the individual student's special needs are met in the
11 context of the regular classroom.
12      For the purposes of computing the statewide student-to-
13 teacher ratio, which determines how many teachers and educational
14 assistants are hired by the department of education and how these
15 positions are allocated to the schools, the legislature finds
16 that special education students should be counted like regular
17 students even though special education students may spend only
18 part of the day in the regular classroom.  Basing the hiring of
19 teachers and educational assistants and the allocation of these

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                                     H.B. NO.1716       

 1 positions on the fractional amount of time that special education
 2 students spend in the regular classroom ignores the fact that
 3 many of these students have needs that are out of proportion with
 4 the amount of time they spend in the regular classroom.  This may
 5 have the unintended and undesirable effect of discouraging
 6 inclusion and encouraging placement in unnecessarily restrictive
 7 environments.
 8      SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is
 9 amended by adding a new section to be appropriately designated
10 and to read as follows:
11      "302A-     Special education students.  Notwithstanding
12 section 89-19 to the contrary, special education students in
13 full-time self-contained classrooms and integrated self-contained
14 classrooms shall be counted as full count regular students and
15 full count special education students when computing the
16 statewide student-to-teacher ratio, determining the number of
17 teachers and educational assistants to be hired, and allocating
18 positions to schools."
19      SECTION 3.  New statutory material is underscored.
20      SECTION 4.  This Act shall take effect upon its approval.
22                           INTRODUCED BY:_________________________