Requires 3 groups to administer the program for Felix class children to determine eligibility, perform diagnosis, and to monitor; requires 10% of each appropriation to be set aside to reassess Felix children; appropriation to auditor to follow-up students aging out of Felix class.

A BILL FOR AN ACT

SECTION 1. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"§   -   Children with disabilities. (a) This section applies to 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 Court. For purposes of this section, "eligible children" means students that 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, that are in need of education and mental health services, as determined by the state department of education and department of health. The department of education and the department of health shall formulate a clear working definition of an eligible student, not later than June 30, 2001, that:

(b) The superintendent of education shall appoint a gatekeeper group, comprised of a necessary number of employees of the department of education to expeditiously perform the work and up to two persons on contract with expertise in the subject matter, to determine which children are eligible for services under the consent decree, based upon the working definition of eligibility under subsection (a), and to refer those children to screening or diagnosis under subsection (c).

(c) The director of health shall appoint a screening group, comprised of a necessary number of employees of the department of health to expeditiously perform the work and up to two persons on contract with expertise in the subject matter, to assess or diagnose children initially determined to be eligible under subsection (b). The screening group shall identify those children who require services in accordance with the consent decree. In addition, the screening group shall review the performance and behavior of all students receiving services under the consent decree as of the effective date of this Act to determine which should continue to receive services.

(d) The superintendent of education and the director of health shall appoint three members each to a six member panel to utilize scientific methods to:

SECTION 2. The office of the auditor shall contract for a study to determine and assess the condition and progress of students who received services under the Felix consent decree and who no longer receive those services because of age, as of June 30, 2001. The department of education and the department of health shall assist the auditor for purposes of this study by providing documentation and information upon request of the auditor, without abrogation of privacy rights.

The auditor shall submit a report of findings and recommendation to the legislature prior to the convening of the regular session of 2003.

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, to conduct a study described in section 2 of this Act.

The sum appropriated shall be expended by the office of the auditor for purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2001.