HOUSE OF REPRESENTATIVES	H.C.R. NO.	226
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGING THE BOARD OF EDUCATION and the department of health TO ADOPT ADMINISTRATIVE RULES TO COMPLY WITH THE iNDIVIDUALS WITH DISABILITIES eDUCATION IMPROVEMENT ACT OF 2004 AND TO SERVE THE NEEDS OF OUR CHILDREN AND FAMILIES.

     WHEREAS, the Individuals with Disabilities Education Act, 20 USC 1400, was re-authorized on December 4, 2004. As stated in PART A--GENERAL PROVISIONS, SEC. 601. FINDINGS, the Legislature agrees with Congress, in that disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities; and

     WHEREAS, almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible, in order to meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children and  prepared to lead productive and independent adult lives, to the maximum extent possible; and

     WHEREAS, the education of children with disabilities can be made more effective by strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home; and

     WHEREAS, the education of children with disabilities can be made more effective by coordinating this title with other local, educational service agency, State, and Federal school improvement efforts, including improvement efforts under the Elementary and Secondary Education Act of 1965, in order to ensure that such children benefit from such efforts and that special education can become a service for such children rather than a place where such children are sent; and

     WHEREAS, the education of children with disabilities can be made more effective by providing appropriate special education and related services, and aids and supports in the regular classroom, to such children, whenever appropriate; and

     WHEREAS, the education of children with disabilities can be made more effective by supporting high-quality, intensive pre-service preparation and professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible; and

     WHEREAS, the education of children with disabilities can be made more effective by providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children; and

     WHEREAS, the education of children with disabilities can be made more effective by focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results; and

     WHEREAS, the education of children with disabilities can be made more effective by supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Board of Education and the Department of Health are urged to work cooperatively and to adopt administrative rules to comply with the Individuals with Disabilities Education Improvement Act of 2004 and to identify and serve the needs of students and families as authorized in the Act; and

     BE IT FURTHER RESOLVED that the Board of Education and Department of Health are requested to submit a report of its findings and efforts made relative to each article A-H, and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2008; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Board of Education, Department of Health, the President of the Senate, and the Speaker of the House of Representatives.

OFFERED BY:

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Report Title: 

IDEA of 2004; adopt administrative rules