Report Title:

Children; Early Intervention Services

Description:

Establishes a task force to research, design, and develop an implementation plan to develop a program for children aged three to five with developmental delays. Appropriates funds. (SB2724 HD1)

THE SENATE

S.B. NO.

2724

TWENTY-THIRD LEGISLATURE, 2006

S.D. 2

STATE OF HAWAII

H.D. 1

 

A BILL FOR AN ACT

 

relating to children.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The federal Individuals with Disabilities Education Act (IDEA) 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 experiences as their non-disabled peers. Under the federal No Child Left Behind Act, states are held accountable for ensuring that all children are afforded the opportunity to learn.

Part B of the IDEA ensures free and appropriate public education that may include special education and related services in the least restrictive environment for children ages three to five with disabilities.

Part C of IDEA provides grants to states to provide early intervention services in the child's natural environment, which may include the child's home. Those early intervention services for infants and toddlers with disabilities, from birth to age three, and their families may include information and support to parents to increase their knowledge about and ability to support their child's development.

Because of the complexity of the transition process for children at this early age from Part C to Part B programs, some eligible children may benefit from a longer transition period and continued services in the child’s natural environment under Part C instead of placement under Part B, which mandates services to be provided in the least restrictive environment.

Further, due to the differences in eligibility criteria between Part B and Part C, there are some children ages three to five years of age who are ineligible to receive services through Part B or Part C but who could benefit from special education and/or related services.

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 child's development. However, Hawaii's children with developmental delays, including Down syndrome, may require services beyond age three that may be better served by the early intervention services of the department of health rather than those available through the department of education.

The purpose of this Act is to provide a mechanism to develop the infrastructure for support services provided to children ages three to five in natural and least restrictive environments.

SECTION 2. (a) There is established a Hawaii 3-5 transition task force to research, design, and develop an implementation plan to provide a continuum of services for children ages three to five who may require early intervention, special education, and/or related services.

(b) The members of the task force shall include but not be limited to representatives from:

(1) The department of health;

(2) The department of education;

(3) The department of human services;

(4) The Hawaii early intervention coordinating council;

(5) The special education advisory council;

(6) The Hawaii state council on developmental disabilities;

(7) Early intervention service providers;

(8) Department of education service providers;

(9) Department of education 619 district coordinators;

(10) A Head Start provider;

(11) The American Academy of Pediatrics, Hawaii Chapter;

(12) The University of Hawaii, center on disability studies;

(13) The Hawaii Association for the Education of Young Children;

(14) Kia‘i ka ‘ike (An organization of preschool/child care directors statewide);

(15) An early childhood special education professional development program; and

(16) Parents of children who may require these services.

(c) The task force shall also include one member of the house of representatives appointed by the speaker of the house and one member of the senate appointed by the senate president.

(d) The task force shall include representation from the neighbor islands, rural Oahu, and underserved populations.

(d) The task force may request assistance from the departments of health and education and other state agencies as necessary to provide staff support.

(e) The members of the task force shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses incurred in the performance of their duties.

(f) The task force shall:

(1) Identify the potential number of children, on an annual basis, who may benefit from a longer transition period and continued services in the child’s natural environment;

(2) Identify the potential number of children, on an annual basis, with developmental delays who may benefit from intervention services between the ages of three to five who are not eligible for Part B services;

(3) Define service models for children ages three to five necessary to support transition from Part C to Part B or to other programs;

(4) Define the array of services required for children ages three to five with developmental delay who are not eligible for Part B services;

(5) Based upon the potential number of children to be served, derive resource and cost projections to implement services;

(6) Project the length of time required to develop the necessary resource pool to serve the targeted population;

(7) Make recommendations as to eligibility and service models, based upon identified need, best practices, and resource and cost projections, without adversely affecting the implementation of Part C services; and

(8) Develop outcome indicators for evaluation to assess the outcomes of providing additional service models.

(g) The task force shall submit a report to the legislature no later than twenty days prior to the convening of the regular session of 2007, consisting of eligibility criteria and programmatic, financing, and evaluation requirements to implement an array of service models for children ages three to five in natural and least restrictive environments.

SECTION 3. It is the intent of this Act not to jeopardize the receipt by the State of any federal aid. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of the Act in its application to the agencies concerned. The rules under this Act shall meet the federal requirements that are a necessary condition to the receipt of federal funds by the State.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $75,000 or so much thereof as may be necessary for fiscal year 2006-2007 for the department of health to establish and facilitate the task force established in section 2 of this Act.

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

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