SB2466

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 non-disabled.

The legislature also finds that including children with disabilities in natural settings within their communities helps them to develop a higher level of socialization; gain language, motor, and cognitive skills; and improve play skills. The legislature further 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 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.

The legislature further finds 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 department of education currently has no regular education preschool programs that can adequately provide opportunities for inclusion. However, the department of education has limited partnerships with Head Start and private preschools to provide opportunities for special needs preschoolers to interact with their non-disabled peers. These extremely limited opportunities are not sufficient to meet the needs of all of Hawaii's preschoolers who could benefit from inclusive settings.

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 three to five years old 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 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 at any preschool site, as provided in a student's individualized education plan. Special education personnel may also provide services to general education students in a special education classroom."

SECTION 3. The department of education and 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 but not limited to, 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 utilizing an approach that provides learners with a variety of ways to access and process information.

SECTION 4. 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 and the department of human services, as appropriate, for the purposes of this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2466
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII