204
HOUSE OF REPRESENTATIVES             H.R. NO.              
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  RESOLUTION

  REQUESTING THE GOVERNOR TO CONVENE AN INFORMAL AND TEMPORARY
    JOINT COMMITTEE COMPRISED OF MEMBERS OF THE BUSINESS
    COMMUNITY AND THE DEPARTMENT OF EDUCATION TO JOINTLY
    RESOLVE THE PROBLEM OF PROVIDING OPPORTUNITIES FOR
    EMPLOYEES TO PARTICIPATE FULLY IN THE DEVELOPMENT OF
    INDIVIDUALIZED EDUCATION PROGRAMS FOR THEIR CHILDREN WITH
    DISABILITIES.


 1        WHEREAS, the Department of Education is under a court
 2   mandate to comply with the Felix v. Waihee consent decree; and
 3   
 4        WHEREAS, under the decree, the approximately eight hundred
 5   children affected must receive appropriate education; and
 6   
 7        WHEREAS, failure to comply will result in a fine of
 8   $25,000 per day until compliance is achieved; and
 9   
10        WHEREAS, educational systems that have failed to meet
11   federal mandates find themselves in danger of passing into
12   receivership; and
13   
14        WHEREAS, an integral part of the provision of services to
15   the Felix v. Waihee class of children is the development of an
16   individualized education program for each child; and
17   
18        WHEREAS, the individualized education program is created
19   through an agreement reached at meetings at which the following
20   are required to attend:
21   
22        (1)  A parent or caregiver;
23   
24        (2)  The child;
25   
26        (3)  The child's teacher;
27   
28        (4)  An administrator of the child's school; and
29   
30        (5)  A diagnostician;
31   
32   and
33   

 
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                                  H.R. NO.              
                                                        
                                                        

 
 1        WHEREAS, a period of sixty days from initial request to
 2   completion of the individualized education program is allowed;
 3   and
 4   
 5        WHEREAS, although the schedules of the child, teacher,
 6   administrator, and diagnostician may be easily adjusted to
 7   accommodate the required meetings, a parent or caregiver who is
 8   employed may not have the same flexibility, and it has proven
 9   difficult for parents and caregivers who are employed to attend
10   the required meetings during work hours; and
11   
12        WHEREAS, the business community has long advocated
13   excellence in education, but is rightfully concerned that the
14   work of its employees may be disrupted due to attendance at
15   these individualized education program meetings; now,
16   therefore,
17   
18        BE IT RESOLVED by the House of Representatives of the
19   Twentieth Legislature of the State of Hawaii, Regular Session
20   of 1999, that the Governor is requested to convene an informal
21   and temporary Joint Committee comprised of members of the
22   business community and the Department of Education to jointly
23   resolve the problem of providing opportunities for employees to
24   participate fully in the development of individualized
25   education programs for their children with disabilities; and
26   
27        BE IT FURTHER RESOLVED that the Joint Committee is
28   requested to report its recommendations to the Governor and the
29   Legislature, including any necessary proposed legislation, no
30   later than twenty days prior to the convening of the Regular
31   Session of 2000; and
32   
33        BE IT FURTHER RESOLVED that the Joint Committee terminate
34   on the adjournment, sine die, of the Regular Session of 2000;
35   and
36   
37        BE IT FURTHER RESOLVED that certified copies of this
38   Resolution be transmitted to the Governor, who is requested to
39   distribute copies to members of the business community, the
40   Superintendent of Education, and the Chairperson of the Board
41   of Education.
42   
43   
44   
45                         OFFERED BY:  ____________________________