Expands the definition of "infants and toddlers with special needs" to include children through the age at which they are eligible to enter kindergarten.

A BILL FOR AN ACT

SECTION 1. The federal Individuals with Disabilities Education Act provides that children with disabilities are entitled to receive a free and appropriate public education. To the extent possible, children with special needs are to be provided with the same educational experience as their non-disabled peers. Under the federal No Child Left Behind Act, states are held accountable for ensuring that all children are accorded the opportunity to learn.

Part C of the Individuals with Disabilities Education Act provides early intervention services for infants and toddlers with disabilities, from birth to age three, and their families, along with grants to states to support programs for infants and toddlers with disabilities.

Hawaii's Early Intervention Section of the department of health is a program mandated by federal and state laws that provides services to support the development of children from birth to three years of age, along with information and support for parents that increases their knowledge about and ability to support their children's development. However, Hawaii's children with developmental delays, including Down Syndrome, require services beyond age three that may currently be unavailable until the child enters kindergarten.

The purpose of this Act is to extend the provisions of the Early Intervention Section to encompass special needs children from birth through kindergarten age.

SECTION 2. Section 321-351, Hawaii Revised Statutes, is amended by amending the definition of "infants and toddlers with special needs" to read as follows:

""Infants and toddlers with special needs" means infants and toddlers, from birth to the age [of three] at which they are eligible to enter kindergarten, with delayed development, biological risk, or environmental risk."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2006-2007, for early intervention services for infants and toddlers with special needs programs.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2006.