HR267

WHEREAS, the United States Department of Education requires that all States have rules written and implemented to be in compliance with the Individuals with Disabilities Education Improvement Act of 2004; and

WHEREAS, the Department of Education has been designated as the Lead Agency in implementing Part B of the Act, while the Department of Health has been designated as the Lead Agency in implementing Part C of the Act; and

WHEREAS, recommendations by the Board of Education’s Committee on Special Programs, on January 28, 2008, for approval of the Department of Education’s plan to put forth for public comment proposed administrative rules to repeal Hawaii Administrative Rules chapter 56 and to add chapter 60 regarding free appropriate public education for students with disabilities were subsequently approved by the full Board; and

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session 2008, that the Legislative Reference Bureau is requested, in consultation with the Department of Education, Special Education Advisory Council, the Department of Health, and the United States Department of Education’s websites, including www.ed.gov and www.idea.ed.gov, to study, in comparison to Hawaii’s laws and rules, including state-imposed requirements:

(1) the optional (or otherwise noted as at a State’s discretion) policies and expenses allowed under the Individuals with Disabilities Education Improvement Act of 2004;

(2) all other States’ and the District of Columbia’s laws and regulations which are allowed at a State’s discretion, including eligibility criteria, definition of least restrictive environment, continuum of placements, provision of services, timelines for implementation, and policies that serve children beyond the requirements of the Act; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of its findings and recommendations, including any proposed legislation to update the Hawaii Revised Statutes in accordance with federal special education and disability-related laws and the current needs of Hawaii’s children with disabilities to the Legislature no later than twenty days prior to the Regular Session of 2009; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Senate President, Speaker of the House of Representatives, Office of the Governor, Chair of the Board of Education, Superintendent of Education, Director of Health, and the Chair of the Interdepartmental cluster for services to children pursuant to the Hawaii Revised Statutes §321D-1.

	OFFERED BY:	_____________________________

Report Title:

Early intervention; special education; IDEA

HOUSE OF REPRESENTATIVES	H.R. NO.	267
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII