SB967

Report Title:

Felix consent decree

Description:

Enacts legislation implementing recommendations of the state auditor to establish a working definition of the Felix class, to adopt a best practices approach for designing and funding programs, and establish a credible and independent capacity to evaluate services and programs provided to children in Hawaii.

THE SENATE	S.B. NO.	967
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE FELIX CONSENT DECREE.

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

SECTION 1. Pursuant to the legislature's request, the Office of the Auditor contracted with an independent national consultant to undertake a follow-up review of the State's progress in implementing selected recommendations from the Auditor's Report No. 98-20, Assessment of the State's Efforts Related to the Felix Consent Decree.

The consultants found that while the departments have made significant progress in establishing a system of care for Felix children, a working definition of the Felix class has still not been developed. A working definition is an "operational definition" that establishes comprehensive thresholds or boundaries for inclusion or exclusion from a group or category. It is also reliable. The lack of a working definition results in the departments' system of care that provides open-ended entitlements and inconsistent services, and lacks an ability to ensure that services provided are effective. There is no assurance that appropriate services are being provided to Felix class children or that these services result in improved school performance.

The consultants also found that Hawaii's efforts focus on process and providing a continuum of services necessary to have the consent decree lifted. This has resulted in less concern over whether the services provided are effective and least restrictive and whether Felix children are actually making progress as a result. Case file reviews showed no ongoing assessment or concern for assessing whether services should be continued, modified or changed.

The consultants concluded that the Individual Education Program process is flawed and places too much responsibility and authority on psychologists to assess conditions and prescribe services at the expense of family and other appropriate agency involvement. Prescribed interventions are based on broad categories of disabilities rather than tailored to individual student needs.

Felix-related costs and services continue to be inconsistently reported. The DOE combines Felix administrative and service costs with other special education costs. DOH combines costs for compliance with the costs of delivery of services. As a result it is impossible to examine the budgets and determine the cost of core and essential services versus the costs of new, experimental, and non-essential services.

Finally, inconsistent coordination continues between the DOE and DOH. Both departments also lack the "seamless" management information system required by the consent decree.

Therefore, the purpose of this Act is to enact recommendations of the State Auditor in its "Follow-Up Review of the State's Efforts to Comply with the Felix Consent Decree:"

1. To establish a working definition for special education eligibility;

2. To adopt a best practices approach for designing and funding programs; and

3. To establish a credible and independent capacity to evaluate services and programs provided to children in Hawaii.

SECTION 2. There is established a working definition of the "plaintiffs class" or Felix class, for purposes of implementing the Felix Consent Decree, as follows:

"Eligibility. The Felix" class includes children age zero to 20, residing in Hawaii, who require special education or mental health services as a result of one or more of the following conditions: learning disabilities such as autism, attention deficit disorder, dyslexia, mental retardation, emotional and/or behavioral disorders, substance abuse problems, developmental delays in language and communication skills, cognitive skills, social or emotional development, or adaptive behavior, speech/language impairments, multiple disabilities-at least one of which falls into one of the above categories, abrupt and significant deterioration of school performance (as measured by grades), obvious decline in the mastery of educational objectives, severe decrease in classification productiveness, and sudden inability to master more advanced, complex skills, or to accomplish long-term projects (e.g. semester papers).

Exclusions. The existence of a disability shall not automatically mean that a student is eligible as a member of the Felix class. To be eligible, students must have one of the above named disabilities that adversely affects educational performance and necessitates specially designed instruction and/or mental health services. Lack of proper instruction in reading and math skills shall not qualify a child as disabled.

Children who are disabled but are not part of the Felix class shall include those whose disabilities are limited to one or more of the following: mobility impairment, vision impairment, hearing impairment, epilepsy, and neurological disorders that require assistive technology but do not impair the intellectual learning process (such as multiple sclerosis, muscular dystrophy, AMS). Time limited emotional disorders, such as "adjustment disorders," and the mere diagnosis of an emotional or behavioral disorder shall be insufficient for inclusion into the Felix class unless such disorders cause a marked degree of impairment in academic performance. Exceptions. Children with physical disabilities who also have conditions necessitating special education or mental health services shall be classified as Felix only with regard to their special education or mental health needs. Assistive technology for physical needs shall not be financed by funds provided for Felix children."

The board of education, the departments of education and health shall use the above definition to implement the Felix Consent Decree.

SECTION 3. The departments of education and health shall adopt a "best practices" approach when designing programs aimed at achieving compliance with the Felix Consent Decree. This "best practices" approach shall set a goal of progress rather than process and shall include the following:

1. Tailoring the Individualized Education Program (IEP) to suit the individual student's needs rather than broad formulas for categories of disabilities.

2. The IEP team that includes the psychologist, family members, DOE, DOH and DHS representatives, a family pediatrician, vocational education instructor, and a juvenile justice representative, as appropriate.

3. An intervention/treatment plan that is culturally sensitive, child-centered, family-focused, and community based.

4. An integrated system of care (including mental health, social services, education, health care, substance abuse prevention and treatment, vocational and recreational opportunities, and other support services).

5. Short-term and long-term educational goals for educational intervention.

6. The establishment of early intervention, education, rehabilitation and ancillary therapies, family support, and other services.

7. The development of alternatives to out-of-state and residential care placements.

8. Establishing better wraparound services for children making the transition to adulthood.

9. Establishing guidelines for class size and caseload for special education.

SECTION 4. The department of education in cooperation with the department of health shall establish a credible and independent capacity to evaluate services and programs provided to children in Hawaii.

SECTION 5. This Act is intended to provide a workable approach to the further implementation of the Felix Consent Decree. Nothing in this Act is intended to contradict or circumvent federal law or the Consent Decree. 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 this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________