S.R. NO.













urging the DEPARTMENT OF EDUCATION to ENSURE RECOGNITION OF certain rights of parents of children who have been referred for special education services.



WHEREAS, the parents of children who are referred for special education services are faced with heavy emotional and physical challenges every day; and


WHEREAS, the Department of Education (DOE) should make conscientious efforts to assist these parents with the educational needs of their children; and


WHEREAS, DOE should recognize that as the individuals who probably most understand a child's social, emotional, and physical needs, parents should be allowed to have input in the most appropriate education for their child; and


WHEREAS, despite the progress made by DOE in improving the educational services provided to children with special needs, many parents still feel frustrated that they are, more often than not, left out of decisions made about their child's education and unable to navigate DOE's special education system to do what they believe is in their child's best interests; and


WHEREAS, these parents are entitled to certain rights, and DOE should do due diligence to assist these parents by informing them of their rights; and


WHEREAS, DOE already recognizes the rights granted by federal law to students with disabilities and their parents or guardians, the intent of which is to provide an equal educational opportunity to all students with disabilities, and these rights are described in a publication entitled, "Rights of Parents and Students in Identification, Evaluation and Educational Placement of Students with Disabilities and the Provision of Free Appropriate Public Education to the Students"

(Section 504, Subpart D, Chapter 53, the Rehabilitation Act of 1973); and

WHEREAS, the Georgia Department of Education regularly updates and publicizes a document entitled, "Your Rights As Parents Regarding Special Education" which lists the rights of parents in regards to records, confidentiality of information, independent educational evaluation, notice, consent, hearings, evaluation procedures, least restrictive environment, and interim alternative educational setting; now, therefore,


BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the DOE is urged to ensure recognition of certain rights of parents of children who have been referred for special education services; and


BE IT FURTHER RESOLVED that if any of the rights listed in the Georgia Department of Education's publication entitled, "Your Rights As Parents Regarding Special Education," are not recognized by DOE, DOE is urged to consider doing so; and


BE IT FURTHER RESOLVED that DOE is urged to inform all parents of children who have been referred for special education services of their rights, to the best of its ability; and


BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Education, Superintendent of Education, and Director of Health.









Report Title:

Special Education; Rights of Parents