Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1303, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to direct the Department of Education to formulate an operational definition of Felix class children in administrative rules.

Your Committee finds that the intent of this measure to formulate an operational definition of Felix class children in administrative rules is to assist in moving the State towards full compliance with the Felix Consent Decree. However, it is critically important that the attempt to formulate this definition not be misconstrued as an attempt to limit the State's responsibility to fund and support these services. This could possibly increase Court intervention, oversight, and direction of the state educational system, usurping public policy functions that are more properly the responsibility of the Legislature, Board of Education, and Department of Education.

Your Committee has amended the measure to require the Department of Education to ensure that appropriate services are provided to eligible children with disabilities, through the Department's operationalization of the Felix Response Plan.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1303, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1303, S.D. 2.