STAND. COM. REP. NO. 153

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 669
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred S.B. No. 669 entitled: 

     "A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this measure is to allow the Board of
Education to appoint, or retain by contract, attorneys to provide
legal services to the Department of Education for issues
involving developmentally disabled children.

     Testimony in support of this measure was submitted by
Kalihi-Uka School, Nanakuli High and Intermediate School, and
education specialists in the Department of Education's Leeward
district, Hawaii district, and Honolulu district.  The Board of
Education submitted testimony in support of the intent of this
measure.  Testimony in opposition was submitted by the Department
of the Attorney General.

     Your Committee finds that special education and the
compliance mandated by the 1993 Felix v. Waihee decision have
surfaced at the school level as one of the most sensitive and
legally complex areas within the roles and responsibilities of
school administrators, diagnostic team members, special education
teachers, regular education teachers, and school counselors.  The
burden of legal compliance is a very heavy and complicated one.

     Because of this, your Committee finds that the three
attorneys currently provided by the Department of the Attorney

 
a                                                     SB669 SD1
                                   STAND. COM. REP. NO. 153
                                   Page 2


General are unable to handle all of the legal issues surrounding
the Felix decision.  As more and more parents win judgments
against the State, precedence is being set, and the State loses
money in litigation.  This money could be better spent on
implementing complete Felix compliance procedures.  The
Department of Education needs attorneys who specialize in special
education issues, and monitor actions taking place across the
country.  These attorneys would be able to work with schools
before they go to court, thus saving the State litigation fees.

     It is only through dedicated attorneys who work solely for
the Board of Education that the rights of both developmentally
disabled children, and the State of Hawaii are protected.  Your
Committee agrees with the need for the Department of Education to
retain its own attorneys for issues involving developmentally
disabled children.

     Your Committee has amended this measure to:

     (1)  Delete the references to the special education division
          of the Department of Education because Felix compliance
          issues span many divisions within the Department of
          Education and limiting the attorneys to this one
          division would be counterproductive to the
          implementation of this measure; and 

     (2)  Add clarifying language and delete the provision for
          "other legal services" to make clear the use of these
          contract attorneys is only for issues regarding
          developmentally disabled children.  

     However, your Committee stresses that this measure is not a
statement against the Department of the Attorney General, and it
is the intent of your Committee that attorneys hired by the Board
of Education concentrate only on Felix-related issues.  The
Department of Education must rely on the Department of the
Attorney General to provide legal assistance in all other areas.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 669, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 669,
S.D. 1, and be referred to the Committee on Ways and Means.


 
a                                                     SB669 SD1
 
 
                                   STAND. COM. REP. NO. 153
                                   Page 3


                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education and
                                   Technology,



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
a                                                     SB669 SD1