STAND. COM. REP. NO.448

Honolulu, Hawaii

, 2001

RE: H.B. No. 1678

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Education and Health, to which was referred H.B. No. 1678 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

beg leave to report as follows:

The purpose of this bill is to:

(1) Create a working definition of the Felix v. Cayetano plaintiff class (Felix class); and

(2) Establish a voucher system under which parents of students in the Felix class may choose providers of services to be paid with service vouchers provided by the Department of Education (DOE).

The Auditor supported the intent of this bill. DOE, the Attorney General, and the Hawaii Disability Rights Center opposed this bill. The Department of Health (DOH) and the Department of Budget and Finance commented on this bill.

Your Committees find that DOE and DOH do not have a detailed working definition by which they can determine membership in the Felix class. This has caused major problems in accounting for Felix expenditures.

Your Committees further find that there are often less expensive providers of Felix-type services that are not utilized, resulting in significantly higher spending than is necessary. A service voucher program would allow parents to select the more inexpensive providers, resulting in significant savings for the State.

Upon further consideration, your Committees have amended this bill by:

(1) Deleting the provision that services provided under Felix not exceed those necessary to provide access to an appropriate education;

(2) Deleting the provision that children initially categorized within the Felix class who no longer fall within the outlined requirements for eligibility shall be removed from the Felix class; and

(3) Clarifying that the intent of the bill is to provide guidance in applying the definition of the Felix class, and that it does not attempt to redefine the federally mandated definition.

As affirmed by the records of votes of the members of your Committees on Education and Health that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1678, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1678, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Education and Health,

____________________________

DENNIS A. ARAKAKI, Chair

____________________________

KEN ITO, Chair