HB2185

SECTION 1. The legislature finds that, pursuant to federal law, the State owes a duty to provide students with disabilities residing in Hawaii "instruction, special facilities, and special services for education, therapy, and training to enable them to live normal competitive lives." See section 302A-436, Hawaii Revised Statutes. The department of education has established rules for ensuring that all students with disabilities are provided free appropriate public education that includes special education and related services to assist them in school and in their lives following the completion of their compulsory education.

The legislature further finds that the department of education is currently required to develop, by the beginning of each school year, an individualized education program for each student with a disability within its jurisdiction. The department of education is also required to develop an individualized family service plan for children with disabilities from ages three to five, in accordance with 20 U.S.C. section 1435, to address the needs of the child and the family. Additionally, to meet the special needs of infants and toddlers, the department of health is tasked with developing a program for the provision of necessary services.

The process of developing, implementing, and revising an individualized education program or an individualized family service plan can be complicated and daunting. The legislature believes that the departments of education and health should be committed to providing students and families involved in the individualized education program or individualized family service plan processes with greater assistance and oversight to ensure that infants, toddlers, and students with disabilities are being provided free appropriate public education and any necessary services to meet their special needs.

The purpose of this Act is to establish research, development, and review panels for individualized education programs and individualized family service plans and to provide access to qualified individuals to families in the development of individualized education programs and individualized family service plans.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to part II, subpart C to be appropriately designated and to read as follows:

"§302A‑ Individualized education program research, development, and review panel; students with disabilities. (a) The department shall establish a research, development, and review panel for individualized education programs.

(b) The research, development, and review panel shall provide assistance to the department and to parents of students with disabilities in the research and development of individualized education programs and shall conduct reviews of individualized education programs to ensure implementation and compliance and to monitor progress.

§302A‑ Individualized education programs; services available. The department shall provide parents of students with disabilities access to necessary services provided by qualified individuals, including service providers located outside of the geographic area of the student's district, in the development or revision of an individualized education program."

SECTION 3. Chapter 321, Hawaii Revised Statutes, is amended by adding two new sections to part XXVIII to be appropriately designated and to read as follows:

"§321‑ Individualized family service plans research, development, and review panel; students with disabilities. (a) The department shall establish a research, development, and review panel for individualized family service plans.

(b) The research, development, and review panel shall provide assistance to the department and to parents of infants and toddlers with disabilities in the research and development of individualized family service plans and shall conduct reviews of individualized family service plans to ensure implementation and compliance and to monitor progress.

§321‑ Individualized family service plans; services available. The department shall provide parents of infants and toddlers with disabilities access to necessary services provided by qualified individuals, including service providers located outside of the geographic area of the infant or toddler's school district, as applicable, in the development or revision of an individualized family service plan."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2185
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII