Transfers responsibility for all planning, programming, and budgeting decisions concerning members of the plaintiff class in Felix vs. Cayetano from the DOH to the DOE, beginning 7/1/01.

A BILL FOR AN ACT

SECTION 1. As used in this Act:

"Plaintiff class" means all children and adolescents with disabilities residing in Hawaii, from birth to twenty years of age, who are eligible for and in need of education and mental health services, as specified in the revised consent decree for Felix v. Cayetano, Civil No. 93-00367 DAE (August 3, 2000).

SECTION 2. Beginning July 1, 2001, responsibility for all planning, programming, and budgeting decisions concerning members of the plaintiff class shall be transferred from the department of health to the department of education.

SECTION 3. All rights, powers, functions, and duties of the department of health, relating to planning, programming, and budgeting decisions concerning members of the plaintiff class, are transferred to the department of education.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of health relating to the functions transferred to the department of education shall be transferred with the functions to which they relate.

SECTION 5. The department of education shall submit an annual report to the legislature concerning all costs specific to the plaintiff class. The report shall be submitted not less than twenty days prior to the convening of each regular session.

SECTION 6. The department of education shall maintain longitudinal data on each member of the plaintiff class, such as the exact nature of a child's or adolescent's special needs, any changes or adjustments made to accommodate the child's or adolescent's special needs, all services provided to the child or adolescent and their cost, and the child's or adolescent's academic progress.

The department of education shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, permitting the disclosure of these data to the maximum extent allowable under the Family Educational Rights and Privacy Act of 1974.

SECTION 7. (a) The department of education shall develop a statewide plan for comprehensive student support. The plan shall:

(b) The department of education shall submit an annual report to the legislature concerning the development of the statewide plan for comprehensive student support. The report shall be submitted not less than twenty days prior to the convening of each regular session.

SECTION 8. There is established the joint legislative taskforce for comprehensive student support, which shall be composed of members of the legislature. The president of the senate and the speaker of the house of representatives shall each appoint a co-chair and two members or more to the taskforce, one of whom shall be a member of the minority party.

The taskforce shall monitor and assess:

SECTION 9. 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, and the sum of $ , or so much thereof as may be necessary for fiscal year 2002-2003, to carry out the purposes of this Act. The sums appropriated shall be expended by the department of education.

SECTION 10. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 11. This Act shall take effect on July 1, 2001.