SB1176 HD1

SECTION 1. The federal Individuals with Disabilities Education Improvement Act of 2004 (IDEA) provides that children with disabilities are entitled to receive a free and appropriate public education. To the extent possible, children with special needs are to be provided with the same educational experiences as their non-disabled peers. Also, under the federal No Child Left Behind Act, states are held accountable for ensuring that all children are afforded the opportunity to learn.

The free and appropriate public education provided by Section 619 of Part B of the IDEA may include special education and related services in the least restrictive environment for children with disabilities who are three to five years of age.

Part C of IDEA directs states to provide early intervention services in the child's natural environment, which may include the child's home or other locations with their typically developing peers. These early intervention services for infants and toddlers with disabilities, from birth to age three, and their families, may include providing information and support to parents to increase their knowledge about and ability to support their child's development.

Due to the complexity of the transition process for such young children from Part C to Part B 619 programs, some eligible children may benefit from a longer transition period and continued services in the child’s natural environment under Part C rather than being placed under Part B.

Furthermore, due to the differences in eligibility criteria between Part B and Part C, approximately twenty five per cent of children three to five years of age who exited Part C in 2004, were eligible to receive services through Part B.

As mandated by federal and state laws, the early intervention section of the department of health provides services to support the development of children from birth to three years of age, and provides information and support for parents to increase their knowledge about and ability to support their child's development. However, children with developmental delays may require services beyond the age of three that could be provided by the early intervention section.

The purpose of this Act is to provide a mechanism to determine the appropriateness of expanding Hawaii’s early intervention section to continue services for children three to five years of age, and if deemed appropriate, to develop the infrastructure and support necessary to provide these services in the child's natural environment.

SECTION 2. (a) There is established a Hawaii 3-5 transition feasibility study to research the appropriateness of expanding Hawaii’s early intervention section to continue services for children three to five years of age, and if deemed appropriate, to design and develop an implementation plan to provide a continuum of services for children three to five years of age who may require services.

(b) The feasibility study shall be led by an advisory committee including but not be limited to the following:

(1) A representative from the department of health;

(2) A representative from the department of education;

(3) The department of education 619 state/district coordinator;

(4) A representative from the department of human services;

(5) A representative from the Hawaii early intervention coordinating council;

(6) A representative from the special education advisory council;

(7) A representative from the Hawaii state council on developmental disabilities;

(8) A representative from the Good Beginnings Alliance;

(9) A representative from the office of the governor;

(10) A representative of early intervention service providers;

(11) A Head Start provider;

(12) A representative from the American Academy of Pediatrics, Hawaii Chapter;

(13) A representative of the University of Hawaii college of education's personnel preparation faculty;

(14) A representative from the University of Hawaii center on disability studies;

(15) A representative from the Hawaii Association for the Education of Young Children;

(16) A representative from Kia‘i ka ‘ike, which is an organization of preschool and childcare directors statewide;

(17) A representative from an early childhood special education professional development program; and

(18) A representative of parents of children who may require early intervention services.

(c) The advisory committee shall include representation from the neighbor islands, rural Oahu, and underserved populations.

(d) The University of Hawaii center on disability studies shall serve as the facilitator of the advisory committee.

(e) The advisory committee may request assistance from the departments of health and education and other state agencies as necessary to provide staff support.

(f) The members of the advisory committee shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses incurred in the performance of their duties.

(g) The feasibility study shall:

(1) Identify the potential number of children who, on an annual basis, exit Part C and are eligible for Part B Section 619, but may benefit from a longer transition period and continued Part C services in the child’s natural environment or community-based settings;

(2) Identify the potential number of children who, on an annual basis, exit Part C and are found ineligible for Part B Section 619 services, but who may benefit from continued intervention services between the ages of three to five;

(3) Identify the potential number of children who, on an annual basis, are identified as having developmental delays and have not received services through Part C, but may benefit from intervention services between the ages of three to five;

(4) Research evidence-based practices to define service models necessary to meet the needs of children three to five years of age;

(5) Define the array of services required for children three to five years of age who have developmental delays;

(6) Based upon the potential number of children to be served, develop resource and cost projections for services to be implemented; and

(7) Conduct a needs assessment of families as related to their experiences of transitioning out of Part C and transitioning into Part B.

(h) The advisory committee shall:

(1) Submit recommendations to the legislature regarding the appropriateness of expanding Hawaii’s early intervention section to serve children three to five years of age who have developmental delays;

(2) If the expansion of the early intervention section is deemed appropriate, submit recommendations to the legislature on eligibility criteria and programmatic, financing, and evaluation requirements to implement an array of service models for a child's natural environment or the least restrictive environment, taking into consideration the identified needs, recommended best practices, resources and cost projections, service payment options including partial payment and no-payment options, and procedural safeguards without adversely affecting the implementation of Part C services;

(3) Project the length of time required to develop the necessary resource pool to serve the targeted population; and

(4) Develop indicators for evaluation to assess the outcomes of early intervention services provided to children three to five years of age who have developmental delays.

(i) The University of Hawaii center on disabilities shall provide the necessary research and conduct the needs assessment for the feasibility study.

(j) The advisory committee shall submit a preliminary report to the legislature no later than twenty days prior to the convening of the regular session of 2008, on the status of the feasibility study regarding expansion of the early intervention section to serve children three to five years of age who have developmental delays.

(k) The advisory committee shall submit to the legislature, no later than twenty days prior to the convening of the regular session of 2009, its final recommendations, including documentation, on the expansion of the early intervention section to serve children three to five years of age who have developmental delays.

(l) If the expansion of the early intervention section is deemed appropriate, the advisory committee shall submit to the legislature, by July 1, 2009, a final report to include an implementation plan and timeline to begin services.

SECTION 3. It is not the intent of this Act to jeopardize the State's receipt of any federal aid. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act shall be deemed inoperative solely to the extent of the conflict and with respect to the agencies directly affected. The rules under this Act shall meet the federal requirements that are a necessary condition for the State to receive federal funds.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

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 2007-2008 and the same sum or so much thereof as may be necessary for fiscal year 2008-2009 for the department of health to achieve the outcomes of the feasibility study described in section 2 of this Act.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 6. This Act shall take effect on July 1, 2007.

THE SENATE	S.B. NO.	1176
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 1