Report Title:
Felix Consent Decree; IEP
Description:
Requires DOE and DOH to develop administrative rules for the individualized education program (IEP) and any other rules specifically applicable to the Felix class students. (SD1)
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THE SENATE |
S.B. NO. |
977 |
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TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to felix consent decree.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Individuals with Disabilities Education Act mandates an individualized education program (IEP) for students protected by the Act, and requires that an IEP team determine whether a child is eligible for services and when a child should be decertified and no longer eligible for services. The procedures for finding and referring eligible students, eligibility criteria, evaluation and assessment procedures, the creation of an IEP, placement in the least restrictive environment, and reevaluation and rescission of eligibility are specified in chapter 56 of the Hawaii administrative rules, title 8, department of education.
Services to children 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, are currently coordinated, planned, and delivered under the same structure and rules in chapter 56 of the Hawaii administrative rules.
The legislature finds that many of the concerns expressed by representatives of Felix class members, special education teachers, and school administrators center around the IEP and the IEP team. Of particular concern is the real or perceived conflict of interest when the IEP is based on the recommendation of a mental health professional who then becomes the provider of services to the student, or whose company becomes the provider of services. This problem is further exacerbated by a limited number of mental health professional in various fields and geographic areas.
The purpose of this Act is to require the department of education, with the assistance of the department of health, to adopt administrative rules for the IEP and any other rules specifically applicable to the Felix class students.
SECTION 2. (a) The department of education, with the assistance of the department of health, shall adopt administrative rules that clearly outline the individualized education program and any other rules specifically applicable to Felix class students.
(b) These administrative rules shall:
(1) Require the disclosure of any conflict of interest of members of the individualized education program team and any mental health provider compensated with funds appropriated to the department of education under EDN 150, or the department of health under HTH 460 or HTH 495;
(2) Facilitate the recommendation of appropriate and least restrictive services to eligible students; and
(3) Promote clear interpretation of the requirements for personnel working with eligible children under the consent decree.
(c) The superintendent of education and the director of health shall report to the legislature twenty days prior to the convening of each regular session, the list of all persons and providers who have disclosed conflicts of interest, the nature of the conflict of interest, and the reason the provider was selected.
SECTION 3. This Act shall take effect upon its approval.