Report Title:
Felix Consent Decree, Renegotiate
Description:
Authorizes the attorney general to retain private counsel to renegotiate the Felix v. Cayetano consent decree.
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THE SENATE |
S.B. NO. |
504 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RENEGOTIATING THE FELIX V. CAYETANO CONSENT DECREE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to hire outside counsel to evaluate the legal remedies and options, both federal and state, to balance the needs brought by the Felix v. Cayetano consent decree and the Individuals With Disabilities Education Act and to set in motion reasonable or minimum standards, or both, of dealing with students with physical and mental disabilities, including, but not limited to:
(1) Recommendations concerning dollar limits or caps to be placed on Felix related services provided pursuant to the decree;
(2) The establishment of standards or levels of protocol for each identifiable mental or physical health concern;
(3) Paperwork reduction upon teachers; and
(4) The creation of a multi-year plan for the period after the consent decree is determined to be in compliance.
At present, $350,000,000, or over a quarter of the 2001-2002 department of education's estimated budget for public schools, goes to compliance with the Felix consent decree. This puts a tremendous financial burden upon public schools and as a result, many of our students are doing without well-maintained classrooms and updated textbooks, and over-burdened teachers are coping with tremendous amounts of paperwork instead of receiving a much-deserved pay raise.
The tremendous cost of current compliance-individualized education plans, individualized family service plans, individualized transition plans, and modification plans are currently costing the department of education, department of health, department of human services and the department of the attorney general in excess of $30,000 per student for each school year. While we recognize the strong educational needs of those students with mental and physical health concerns, the current compliance system places a major burden on the State, the teachers, and the administrators. It forces the public school system to spend an inordinate amount of time and a disproportionate share of its resources away from the regular-needs schoolchildren. We need to achieve more balance.
The purpose of this Act is to authorize the attorney general to retain private counsel for the purpose of evaluating, renegotiating, and modifying the Felix consent decree.
SECTION 2. The department of the attorney general is authorized to and shall retain a private law firm to evaluate, re-negotiate, and modify, as appropriate, the Felix v. Cayetano consent decree. The private firm may also be hired to:
(1) Investigate and evaluate the legal remedies and solutions, both state and federal, to balance the requirements of the consent decree and the Individuals with Disabilities Education Act; and
(2) Recommend and initiate reasonable or minimum standards, or both, regarding meeting the educational needs of students with physical and mental disabilities. The private firm shall become counsel or co-counsel of record on behalf of the State of Hawaii in the Felix case, if necessary.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the purpose of retaining counsel to represent the State in negotiations to modify the Felix v. Cayetano consent decree.
SECTION 4. The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2001.
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INTRODUCED BY: |
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