169
HOUSE OF REPRESENTATIVES             H.R. NO.              
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                                
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                     HOUSE  RESOLUTION

REQUESTING THE AUDITOR TO REVIEW THE OFFICE OF THE ATTORNEY
   GENERAL'S ACTIONS AND EXPENSES RELATED TO THE FELIX CONSENT
   DECREE, SPECIAL EDUCATION, AND SECTION 504 STUDENTS.



 1       WHEREAS, the Office of the Attorney General is charged with
 2   serving the interest of all citizens of the State of Hawaii;
 3   and
 4   
 5       WHEREAS, spending on children is an investment in Hawaii's
 6   future and the allocation of state funds for children's
 7   programs reflects our true priorities; and
 8   
 9       WHEREAS, state expenses require strict management during
10   this time of economic weakness; and
11   
12       WHEREAS, costs of programs and services for children-
13   -education, mental health services, child protection, and other
14   vital services--face competition for limited funds as economic
15   conditions strain state budgets; and
16   
17       WHEREAS, the Office of the Attorney General is charged with
18   representing the State in actions brought by parents on behalf
19   of their children when mental health and related services to be
20   provided to the children in the public schools are disputed in
21   due process or other legal actions; and
22   
23       WHEREAS, an overwhelming number of these disputes bear out
24   that the required mental health or related services have, in
25   fact, not been provided to the children as required by law; and
26   
27       WHEREAS, the Legislature believes that the pubic interest
28   requires that public funds be expended for the highest benefit
29   of the children concerned, as a matter of public policy and
30   responsible fiscal management; and
31   
32       WHEREAS, the funds spent on all aspects of litigation may
33   exceed the cost of providing the services that are in dispute
34   and that are, in the overwhelming majority of cases, found to
35   be the responsibility of the State of Hawaii to be provided
36   under law; and

 
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                                  H.R. NO.              
                                                        
                                                        

 
 1       WHEREAS, the staff formally assigned to the Office of the
 2   Governor Felix Operations Manager is now under the Attorney
 3   General Felix IEP Unit, and this staff plays a substantial
 4   policy role as part of the Operations Management Team and acts
 5   as state liaison to the Maui Management Team and the Big Island
 6   Multi Interagency Team; now, therefore,
 7   
 8       BE IT RESOLVED by the House of Representatives of the
 9   Twentieth Legislature of the State of Hawaii, Regular Session
10   of 2000, that the Legislature expresses its strong interest
11   that funds be expended for the purpose of the development of an
12   appropriate system of care meeting the needs of children with
13   educational and mental health challenges under the Federal
14   Individuals with Disabilities Education Act, Section 504 of the
15   Rehabilitation Act of 1973, delivering services required to be
16   provided to the children by law; and that the Auditor is
17   requested to review the actions and policies of the Attorney
18   General with regard to litigation in these disputes to see if
19   this public policy is upheld; and
20   
21       BE IT FURTHER RESOLVED that the Auditor is requested to
22   review the consistency of training, technical assistance, and
23   opinions provided by the Office of the Attorney General to the
24   Department of Education and the Department of Health with
25   regard to federal law; and
26   
27       BE IT FURTHER RESOLVED that the Auditor is requested to
28   report findings and recommendations to the Legislature twenty
29   days before the convening of the Regular Session of 2001; and
30   
31       BE IT FURTHER RESOLVED that certified copies of this
32   Resolution be transmitted to the Auditor and the Attorney
33   General.
34 
35 
36 
37                         OFFERED BY:  ____________________________