Report Title:
Felix Class Children; Defined
Description:
Requires the department of education to ensure that appropriate services are provided to eligible children with disabilities, through the department's operationalization of the Felix Response Plan. (SD2)
|
THE SENATE |
S.B. NO. |
1303 |
|
TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 2 |
|
|
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 throughout the State. The legislature finds that, historically, federal laws have established sub-groups within the general student population to assure that an appropriate education can be provided for all. These federal laws provide a legal definition to identify members of specific student populations. Additionally, the State has provided an operational or working definition in the Hawaii administrative rules, which facilitates the recommendation 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 State's services to eligible children with disabilities are based on these chapters, federal laws, and all subsequent changes to the federal law including the 1997 reauthorization of the Individuals with Disabilities Act.
The purpose of this Act is to require the department of education to ensure that appropriate services are provided to eligible children with disabilities, through the department's operationalization of the Felix Response Plan.
SECTION 2. For the purposes of this Act:
(1) "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 related mental health services, as determined by the department of education and department of health; and
(2) "Felix Response Plan" means the operational plan adopted by the department of education to address the contempt order of August 3, 2001, in the case of Felix v. Waihee, et. al., civil number 93-00367-DAE in the United States District Court.
SECTION 3. By December 31, 2001, the department of education shall ensure statewide implementation of the Felix Response Plan, in order to:
(1) Facilitate the recommendation of appropriate services to eligible children, as provided in Chapter 8-56-15, Hawaii Administrative Rules; and
(2) Promote clear interpretation by staff working with the eligible children under the consent decree, as provided in Chapter 8-56-20, Hawaii Administrative Rules.
SECTION 4. Upon approval of this Act, the department of education shall submit to the Felix v. Cayetano joint committee established by the twenty-first legislature, a monthly status report of its compliance with the Felix Response Plan, and any modifications and adjustments made to such plan either by the department of education or the United States District Court.
SECTION 5. This Act shall take effect upon its approval.