STAND. COM. REP. NO.1082

Honolulu, Hawaii

, 2001

RE: S.B. No. 1303

S.D. 2

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Education and Health, to which was referred S.B. No. 1303, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

beg leave to report as follows:

The purpose of this bill is to require the Department of Education (DOE) to ensure that appropriate services are provided to eligible children with disabilities through the Department's operationalization of the Felix v. Cayetano (Felix) Response Plan.

Testimony in support of this bill was received from DOE and the Department of Health (DOH).

Your Committees understand that through federal and state educational mandates via the Felix Consent Decree, eligible children with disabilities are required to receive appropriate services. It is further understood that, although many children do receive services, others still fall through the cracks and may not be receiving the necessary services to lead as productive an educational life as possible.

Your Committees feel that much more progress must be made to fulfill the mandates of the Felix Consent Decree. Therefore, your Committee has amended this measure by deleting its substance and inserting language that:

(1) Establishes criteria that shall be used as a working definition by DOE, DOH, and all affected departments of the State to determine the eligibility for special education and mental health services in accordance with the Felix v. Cayetano consent decree;

(2) Establishes definitions of Felix class eligible children;

(3) Establishes a service voucher system wherein families of children found to be in the Felix class may exchange vouchers issued by DOE to obtain a set dollar amount of services;

(4) Requires DOE to adopt a best practices model, as part of its Comprehensive Student Support System (CSSS) to guide departmental staff in the development of all Individualized Education Plans;

(5) Establishes the Felix v Cayetano Joint Legislative Task Force to maintain legislative oversight and involvement in the implementation of CSSS; and

(6) Changes the effective date to July 1, 2050.

As affirmed by the records of votes of the members of your Committees on Education and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1303, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1303, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Education and Health,

____________________________

DENNIS A. ARAKAKI, Chair

____________________________

KEN ITO, Chair