Enables the department of education charter schools to receive federal grant moneys under the Individuals with Disabilities Education Act. (SD2)

A BILL FOR AN ACT

SECTION 1. The legislature finds an inconsistency between the Hawaii statutes and the Individuals with Disabilities Education Act. 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 the Individuals with Disabilities Education Act.

The purpose of this Act is to comply with federal regulations to enable the department of education charter schools to receive federal grant moneys under the Individuals with Disabilities Education Act.

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 provision 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 program[. The]; 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, then services to the student shall be provided by the department according to services determined by the student's individualized educational program team. The department shall collaborate with the charter school administrative office to develop guidelines related to the provision of special education services and resources to each new century charter school. The department shall review all of the current individualized education 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 a per-pupil weighted formula implemented by the department and used to allocate resources for special education students in the public schools."

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 Statutory material to be repealed is bracketed and stricken.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, 2006.