STAND. COM. REP. NO. 1615

Honolulu, Hawaii

, 2001

RE: S.C.R. No. 65

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Education and Health and Human Services, to which was referred S.C.R. No. 65 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS FOR FORTY PER CENT OF SPECIAL EDUCATION AND RELATED SERVICES FOR CHILDREN WITH DISABILITIES,"

beg leave to report as follows:

The purpose of this measure is to request the United States Congress to appropriate funds for 40% of special education and related services for children with disabilities.

Your Committees have amended the measure by replacing its contents with the contents of a proposed draft of S.C.R. No. 65, which was circulated. The proposed draft is substantially similar to S.R. 90, except that the proposed draft:

(1) Calls for a joint Senate-House investigative committee; and

(2) Specifies that the duties of the joint Senate-House investigative committee shall be to investigate, gather information, assess, and make recommendations concerning:

(A) The recommendations and implementation of the Auditor's Report No. 98-20 Assessment of the State’s Efforts Related to the Felix Consent Decree, December 1998;

(B) The recommendations and implementation of the Auditor's Report Follow-Up Review of the State's Efforts to Comply with the Felix Consent Decree, January 2001;

(C) Changes in fiscal and decision-making authority and accountability due to the transition from a primarily medically-based service delivery system focused on providing Felix-related services by specialists off of school campuses in clinical environments to a primarily education-based service delivery system focused on providing Felix-related services by specialists on school campuses in classroom environments; and

(D) How best to facilitate the transition from a special education service delivery system temporarily based on compliance to a Decree to a more permanent one that is cost-effective, efficient, based on measures and outcomes, and compliant with IDEA and Section 504.

Upon discussion at the hearing, your Committees further amended the proposed draft by:

(1) Adding resource identification to the duties of the joint Senate-House investigative committee; and

(2) Clarifying that the members of the joint Senate-House investigative committee shall be exclusively from the membership of the Legislature.

Your Committees find that it is crucial to State compliance with the Felix Consent Decree and the long-term health of the special education system in the public school system for a joint Senate-House investigative committee to be empowered to review relevant State Auditor reports, and to investigate, gather information, assess, and make recommendations to the Legislature on issues related to the transition of special education from a medical to an educational model.

Your Committees envision the joint Senate-House investigative committee as having primarily a research-based mission. By being more fact-finding than legalistic in nature, your Committees anticipate that the joint Senate-House investigative committee will operate in a cost-effective manner. In an effort to control costs, however, your Committees would respectfully suggest that all expenditures of the joint Senate-House investigative committee be approved by the Senate President and Speaker of the House before being incurred.

As affirmed by the records of votes of the members of your Committees on Education and Health and Human Services that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 65, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 65, S.D. 1.

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

____________________________

DAVID MATSUURA, Chair

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NORMAN SAKAMOTO, Chair