Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Education and Health, to which was referred S.C.R. No. 152 entitled:

beg leave to report as follows:

The purpose of this measure is to authorize the continuance of the joint Senate-House investigative committee to investigate the State's efforts to comply with the Felix Consent Decree (Investigative Committee).

Testimony supporting this measure was received from the Department of Health and Hawaii State Teachers Association.

Your Committees find that all of Hawaii's children, particularly those with special needs, are to be provided a free and appropriate education. Over the past several years, the State has been fully engaged in ensuring that Hawaii's children are provided an education with special services as necessary in compliance with state and federal law, and the Felix Consent Decree (Decree). The Investigative Committee, initially authorized in 2001, reviewed the State's past efforts to comply with the Decree. During the past two years, the Investigative Committee has identified and reported questionable practices, conflicts of interests, waste, and other problems stemming from ambiguous goals and instructions. Consequently, the Investigative Committee has had a direct and indirect impact on improving education and related services to Hawaii's children with special needs. Although, compliance with the Decree has been achieved thus far, the State is subject to its terms requiring further monitoring of compliance. Therefore, your Committees find that the Investigative Committee must be continued to investigate the remaining issues identified in the measure, and to ensure further compliance with the Decree and that Hawaii's children receive the educational services they need.

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 concur with the intent and purpose of S.C.R. No. 152 and recommend that it be referred to the Committee on Judiciary and Hawaiian Affairs.