Report Title:

Special Education

Description:

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.

THE SENATE

S.B. NO.

2660

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to special education.

 

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

SECTION 1. The legislature finds that for fiscal, educational, and social reasons, there is increasing pressure to serve more students in regular classrooms, a movement known as inclusion. "Inclusion" as used by educators involves more changes to regular education than the earlier concept of "mainstreaming". Mainstreamed students spend part of the day in the regular classroom but are often "pulled out" to separate settings for special services. Under inclusion, regular education is expected to change in significant ways so that all or most of the individual student's special needs are met in the context of the regular classroom.

For the purposes of computing the statewide student-to-teacher ratio, which determines how many teachers and educational assistants are hired by the department of education and how these positions are allocated to the schools, the legislature finds that special education students should be counted like regular students even though special education students may spend only part of the day in the regular classroom. Basing the hiring of teachers and educational assistants and the allocation of these positions on the fractional amount of time that special education students spend in the regular classroom ignores the fact that many of these students have needs that are out of proportion with the amount of time they spend in the regular classroom. This may have the unintended and undesirable effect of discouraging inclusion and encouraging placement in unnecessarily restrictive environments.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Special education students. Notwithstanding any other law to the contrary, special education students in full-time self-contained classrooms and integrated self-contained classrooms shall be counted as full count regular students and full count special education students when computing the statewide student-to-teacher ratio, determining the number of teachers and educational assistants to be hired, and allocating positions to school."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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