Report Title:
Schools; Special Education
Description:
Amends departmental duty toward exceptional children to include developmental training.
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THE SENATE |
S.B. NO. |
3225 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SPECIAL EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The United States Congress mandated fair and equal access to free and appropriate public education for children with a disability through the Individuals with Disabilities Education Act of 1975, amended in 1997 and 2004 (20 U.S.C. 1400 et seq.) (IDEA). Prior to enacting the IDEA, Congress had found that education for children with a disability continued to be impeded by low expectations and insufficient implementation of scientifically-proven teaching methods. The 2004 amendments to the IDEA, among other things, created new
requirements regarding the evaluation and instruction relating to academic achievement as well as the developmental needs of a child with a disability. This established a new mandate for special education providers to address the developmental needs of a child within the educational framework. For too long, special education providers have been drawing a bright line between issues labeled "academic," which could be addressed in the classroom, and "developmental," which were better addressed by specialists or in the home. This strict division has resulted in disjointed skills acquisition for children with a disability. To the detriment of many parents of children with disabilities, issues relegated to the "developmental" category have often served as the basis for a denial of special education services.The purpose of this Act is to bring the state of Hawaii in line with the 2004 IDEA federal standards for education for children with a disability by incorporating developmental instruction and training into state special education requirements.
SECTION 2. Section 302A-436, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) It is hereby declared to be of vital concern to the State that all exceptional children residing in the State be provided with instruction, special facilities, and special services for education, therapy, and training to enable them to live normal competitive lives. In order to effectively accomplish this purpose, the department shall establish and administer instruction, special facilities, and special services for the education, therapy, and training of exceptional children, and provide in connection therewith corrective therapy, together with academic, occupational, developmental, and related training. The department shall cooperate with other agencies of the State charged with the administration of laws providing any type of service or aid to the exceptional child, and with the United States government through any appropriate agency or instrumentality in developing, extending, and improving the foregoing instruction, special facilities, and special services."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2006.
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INTRODUCED BY: |
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