Report Title:

Felix Class Children; Defined

 

Description:

Directs the Department of Education to formulate an operational definition of Felix class children in administrative rules. (SD1)

 

THE SENATE

S.B. NO.

1303

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The State of Hawaii is fully committed to the legal mandate of a free and appropriate education for all school age children through out the State. The legislature finds that, historically, federal laws have establish sub-groups within the general student population to assure that an appropriate education can be provided for all. These laws provide a legal definition to identify members of specific student populations. Additional, the State has provided an operational or working definition in the Hawaii administrative rules, which facilitates the recommendations of services or the design of programs that will best support the appropriate education of the specific class members. Section 504 of the Rehabilitation Act of 1973 (29 USC section 729) is addressed in chapter 53 of the Hawaii administrative rules and the Individuals with Disabilities Act (20 USC section 1401, et seq.) is addressed in chapter 56 of the Hawaii administrative rules.

The purpose of this Act is to require the department of education to develop an operational/working definition of eligible children with disabilities that are covered under the consent decree in the case of Felix v. Waihee, et. al., civil number 93-00367-DAE, in the United States District.

SECTION 2. For the purposes of this Act, "eligible children" means students who are eligible under the Individuals with Disabilities Act (20 USC section 1401, et seq.), as amended, and section 504 of the Rehabilitation Act of 1973 (29 USC section 729) as amended, and who are in need of education and mental health services, as determined by the department of education and department of health. No later than June 30, 2002, the department of education shall adopt administrative rules that provide a clear operational/working definition of the eligible students. These administrative rules shall:

(1) Facilitate the recommendation of appropriate services to eligible students;

(2) Promote clear interpretation by staff working with the eligible children under the consent decree; and

(3) Recognize that the Felix class is a sub-group of the IDEA class which is a sub-group of the 504 class.

SECTION 3. This Act shall take effect upon its approval.