STAND

STAND. COM. REP. NO. 331

Honolulu, Hawaii

, 2005

RE: H.B. No. 1610

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.B. No. 1610 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose of this bill is to align state statute with the federal Individuals with Disabilities Education Act (IDEA) so the State can continue to receive federal grant monies, by:

(1) Clarifying that the Department of Education (DOE) can place new century charter school special education students in another school outside of the school complex in which the new century charter school is located; and

(2) Requiring the collaboration of a special education student's program team and the student's parents or legal guardians to determine the programs and services needed by the student.

DOE supported the intent of this bill with amendments. Kamehameha Schools offered comments.

Your Committee has amended this bill by:

(1) Removing the provisions allowing DOE to place new century charter school education students in another school outside the school complex in which the new century charter school is located;

(2) Aligning state statute with the federal IDEA law by stipulating that if a new century charter school is unable to provide the required services, DOE shall provide the services in the least restrictive environment in accordance with the services of the student's individualized education program; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1610, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1610, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Education,

		____________________________ ROY TAKUMI, Chair