HB2435 HD2

SECTION 1. The legislature finds that the federal Individuals with Disabilities Education Act (Public Law 108-446, reauthorized 2004) governs how states and public agencies provide early intervention, special education, and related services to infants, toddlers, children, and youth with disabilities. The Individuals with Disabilities Education Act requires that, to the maximum extent appropriate, children with disabilities be educated in the least restrictive environment with children who are not disabled.

The legislature also finds that including children with disabilities in natural settings within their communities helps them develop a higher level of socialization; gain language, motor, and cognitive skills; and improve play skills. The philosophy of including special needs preschoolers in learning environments with non-disabled children is supported by the Council for Exceptional Children and the National Association for the Education of Young Children.

However, the legislature finds that the department of education has extremely limited opportunities for preschool-age children with developmental delay to interact with their typically-developing peers. The limited partnerships between the department of education and Head Start and private preschools alone do not sufficiently meet the needs of all Hawaii preschoolers who could benefit from inclusive settings.

The legislature notes that the concept of universal design, which is an approach that maximizes usability of products, services, and environments for as many people as possible regardless of age, ability, or situation, is an approach that would benefit Hawaii's preschools. With universal design, a minority of students will need "special" accommodations.

The purpose of this Act is to increase opportunities for special needs preschoolers to interact with their non-disabled peers.

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

"§302A- Inclusion opportunities for special needs preschoolers. (a) The department of education quality early education plan, pursuant to section 302A-410, shall include opportunities for special needs preschoolers who are between the ages of three and five to interact with their non-disabled peers. The department shall collaborate with parents and private providers to increase opportunities and implement classes that include both special education-eligible students and general education students, subject to available resources and individualized education plans.

(b) A special education-eligible student may receive special education and related services in a private preschool program that is located on a public school site or in the community, if the services are required by the student's individualized education program.

(c) Special education personnel may provide services as provided in a student's individualized education plan at any preschool site. Special education personnel may also provide services to general education students in a special education classroom."

SECTION 3. Section 302A-410, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department plan for quality early education shall focus on children from ages [~~four~~] three up to six years."

SECTION 4. The department of education, in collaboration with the department of human services, shall consider the following options in their efforts to include special needs preschoolers in general education preschool programs:

(1) Increases in preschool program tuition subsidies to enable all parents, including those of children with disabilities, to access preschool programs offered by the department of human services;

(2) Additional contracts to purchase services for five to six slots per preschool for special needs children to receive special education and related services under part B of the Individuals with Disabilities Act;

(3) Intervention specialist services for students who are unilaterally placed in preschools in the community by their parents;

(4) Partnerships among private and public preschool programs to meet personnel needs, including the hiring of teachers who are dually certified in early childhood education and special education, educational assistants, or other necessary staff; and

(5) Pre-service and in-service training opportunities for early childhood professionals to incorporate the concept of universal design in education to prepare them to teach all children using an approach that provides learners with a variety of ways to access and process information.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 to increase opportunities for special needs preschoolers to interact with their non-disabled peers.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for services to general education students in a special education classroom.

The sum appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2008.

HOUSE OF REPRESENTATIVES	H.B. NO.	2435
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 2
STATE OF HAWAII