STAND. COM. REP. NO.  1334-08

 

Honolulu, Hawaii

                , 2008

 

RE:   S.B. No. 2004

      S.D. 2

      H.D. 2

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 2004, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO EDUCATION,"

 

begs leave to report as follows:

 

     The purpose of this bill is to assist in ensuring that children with disabilities receive appropriate special education by: 

 

     (1)  Extending from 90 days to one year the time allowed for their parents or guardians or the Department of Education (DOE) to request an impartial hearing regarding reimbursement for the costs of a child's unilateral placement in special education;

 

     (2)  Requiring that rules adopted by DOE pertaining to the impartial hearing provide that the prevailing party is entitled to the reimbursement of expert witness and other relevant fees and expenses associated with the hearing; and

 

     (3)  Requiring DOE to submit annual reports to the Legislature that provide the total number of requests for a due process hearing relating to the reimbursement of costs for a child's placement, filed by a parent or guardian of a child with a disability.

 

     The Hawaii Disability Rights Center, Community Children's Councils in Hawaii, Special Education Advisory Council, Autism Society of Hawaii, Autism Speaks, and numerous concerned individuals supported this bill.  The State Council on Developmental Disabilities supported the intent of this bill.  DOE did not support this measure.  The Attorney General opposed this bill.

 

     Upon further consideration, your Committee has amended this measure by:

 

     (1)  Deleting the provision requiring that rules adopted by DOE pertaining to the impartial hearing provide that the prevailing party is entitled to the reimbursement of expert witness and other relevant fees and expenses associated with the hearing;

 

     (2)  Requiring DOE to exercise oversight and monitoring of all children who have undergone unilateral special education placement; and

 

     (3)  Repealing the provisions of this bill on July 1, 2010.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2004, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 2004, S.D. 2, H.D. 2.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

 

____________________________

TOMMY WATERS, Chair