HB2029

SECTION 1. The federal Individuals with Disabilities Education Act requires that each state establish and maintain a state advisory panel on the education of children with disabilities. The Act further states that the advisory panel must be appointed by the governor or any other official authorized under state law to make those appointments; provided that if a state has an existing advisory panel that can perform the required functions, the state may modify the existing panel so that it fulfills all of the requirements, instead of establishing a new advisory panel. In Hawaii, the advisory panel is the Special Education Advisory Council, and members are appointed by the superintendent of education.

The purpose of this Act is to establish the special education advisory council in chapter 302A, Hawaii Revised Statutes, with members to be appointed by the governor.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A‑ Special education advisory council. (a) There is established a special education advisory council that shall be placed within the department for administrative purposes. The council shall consist of twenty-two members appointed by the governor as provided in section 26-34. In making appointments to the council, the governor shall ensure that members are broadly representative of the state population and are involved in or concerned with the education of children with disabilities. The majority of members shall be individuals with disabilities or parents of children with disabilities. Membership shall include representation from the following; provided that at least one member shall represent each administrative school district:

(1) Individuals with disabilities;

(2) Parents of children with disabilities;

(3) Students with disabilities;

(4) Teachers (regular and special education) of children with disabilities;

(5) The special education section, department of education;

(6) Private schools and public charter schools;

(7) The University of Hawaii and other institutions of higher education that prepare special education and related services personnel;

(8) Administrators of programs for children with disabilities;

(9) State agencies involved in the financing or delivery of related services to children with disabilities, including the:

(A) Department of health child and adolescent mental health division, developmental disabilities division, and family health services division;

(B) Department of human services division of vocational rehabilitation, and child protective services;

(10) Vocational, community or business organizations concerned with provision of transition services to children with disabilities; and

(11) State juvenile and adult corrections agencies.

(b) Members shall be appointed for a three-year term commencing July 1 of each year; provided that the student representative or representatives shall be appointed for a one-year term commencing July 1 of each year. Except with respect to a student representative, the terms shall be staggered; one-third of the membership shall be appointed each year. The executive committee of the council shall develop and transmit to the governor in May of each year, a list of persons to fill expired terms. The executive committee of the council shall also develop and transmit to the governor, a list of persons to fill vacancies as they occur.

(c) A quorum shall consist of one-half of the current membership. Members who are absent without prior notice two times during the school year will be contacted by the chairperson to determine interest in membership. Three absences without prior notification shall result in a recommendation to the governor that the person's membership be terminated and a replacement appointed. Members who wish to resign from the council shall submit a written notice to the chairperson who shall forward the resignation to the executive committee for action.

(d) Members of the council shall designate a chairperson and vice chairperson and shall serve without compensation; provided that actual travel and other expenses incurred in the performance of their duties shall be advanced or reimbursed.

(e) By July 1 of each year, the advisory council shall submit an annual report of council activities and suggestions to the department of education. This report shall be made available to the public."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2029
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII