REPORT TITLE: 
Education


DESCRIPTION:
Transfers the occupational therapy and physical therapy programs
of the school health support services section for children from
the department of health to the department of education.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        185
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  Section 302A-442, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]302A-442[]] Occupational therapy services, physical
 
 4 therapy services, school health services, mental health services,
 
 5 psychological services, and medical services for diagnostic or
 
 6 evaluative purposes.  (a)  The department of health, within the
 
 7 funds available, shall be responsible for the related services of
 
 8 [occupational therapy, physical therapy,] school health, mental
 
 9 health, psychological, and medical services for evaluation or
 
10 diagnostic purposes, and, within the funds available, shall
 
11 provide for those exceptional children who need these services
 
12 and who attend public school in the State.
 
13      (b)  The department of education, within the funds
 
14 available, shall be responsible for the related services of
 
15 occupational therapy and physical therapy for evaluation or
 
16 diagnostic purposes, and, within the funds available, shall
 
17 provide for those exceptional children who need these services
 
18 and who attend public school in the State.
 
19      (c)  The department of health shall work in cooperation with
 

 
Page 2                                                     185
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        C.D. 1

 
 1 the department of education to implement this section.  The
 
 2 procedures to implement this section shall be in accordance with
 
 3 the [department of health's] rules[.] of the department of health
 
 4 and the department of education."
 
 5      SECTION 2.  All rights, powers, functions, and duties of the
 
 6 occupational therapy and physical therapy programs of the school
 
 7 health support services section are transferred from the
 
 8 department of health to the department of education.  All
 
 9 officers and employees of the occupational therapy and physical
 
10 therapy programs of the school health support services section
 
11 whose functions are transferred by this Act:
 
12      (1)  Shall be transferred with their functions;
 
13      (2)  Shall continue to perform their regular duties upon
 
14           their transfer; and
 
15      (3)  Shall retain all rights, benefits, and privileges that
 
16           they currently enjoy in their employment with the
 
17           department of health,
 
18 subject to state personnel laws and this Act.  No tenured officer
 
19 or employee of the occupational therapy program or physical
 
20 therapy program of the school health support services section
 
21 shall suffer any loss of salary, seniority, prior service credit,
 
22 vacation, sick leave, or other employee benefit or privilege as a
 
23 consequence of this Act.
 

 
Page 3                                                     185
                                     S.B. NO.           S.D. 2
                                                        H.D. 1
                                                        C.D. 1

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect on January 1, 2001.