Makes the department of education responsible for offering a free appropriate public education in a new century charter school. Aligns state statute with the federal IDEA law by: 1) Ensuring that a special education student's programs and services are determined collaboratively by the student's individualized education program team and parents or legal guardians; and (2) Stipulating that if a new century charter school is unable to provide the required services, they shall be provided by DOE in the least restrictive environment. (HB1610 HD1)

A BILL FOR AN ACT

SECTION 1. Section 302A-1188, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall be responsible for the offer of a free appropriate public education. Any new century charter school that enrolls special education students or identifies one of its students as eligible for special education shall be responsible for providing the educational and related services required by a student's individualized education [plan; provided that if the] program. The programs and services for the student shall be determined collaboratively by the student's individualized education program team and the student's parents or legal guardians. If the new century charter school is unable to provide all of the required services [due to limited resources within its control, then services to the student shall be determined and provided by the department of education.], then the services to the student shall be provided by the department in the least restrictive environment in accordance with the services of the student's individualized education program. The department [of education] shall collaborate with the new century charter school administrative office to develop guidelines related to the provision of special education services and resources to each new century charter school. [In making the determination about the provision of services to a special education student enrolled in a charter school, the] The department shall review all of the current individualized education [plans] programs of special education students enrolled in a new century charter school[,] and may offer staff or funding, or both, to the new century charter school based [upon] on a per pupil weighted formula implemented by the department and used to allocate resources for special education students in the public schools. [The department may also offer services to the special education student at a public school within the same school complex that the charter school is located]."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.