Enables the department of education charter schools to receive federal grant monies under the Individuals with Disabilities Education Act.

A BILL FOR AN ACT

SECTION 1. The legislature finds an inconsistency of the Hawaii statutes with the Individuals with Disabilities Education Act (IDEA). In order to ensure federal funding for students enrolled in public charter schools who are eligible for special education, section 302A-1188, Hawaii Revised Statutes, must be amended to comply with Part B regulations of IDEA.

The purpose of this Act is comply with federal regulations to enable the department of education charter schools to receive federal grant monies under the IDEA.

SECTION 2. 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] 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 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.] the department may also offer services to the special education student at another public school; provided that nothing in this subsection shall be construed to require the department to offer services within the same school complex that the charter school is located. The department [of education] shall collaborate with the charter school administrative office to develop guidelines related to the provision of special education services and resources to each charter school. In making the determination about the provision of services to a special education student enrolled in a charter school, the department shall review all of the current individualized education plans of special education students enrolled in a charter school, and may offer staff or funding, or both, to the charter school based upon 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 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2005.