STAND. COM. REP. NO.  659-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2186

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2186, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this bill is to assist parents and guardians in ensuring that their children with disabilities receive an appropriate special education by:

     (1)  Extending from 90 days to two years of a unilateral special education placement, the time allowed for parents or guardians or the Department of Education (DOE) to request an impartial hearing regarding reimbursement for the costs of a child's placement; and

     (2)  Requiring DOE to adopt rules regarding reimbursement of certain fees and expenses, including expert witness fees, associated with the hearing.

     The State Council on Developmental Disabilities, Hawaii Disability Rights Center, Community Children's Council Office, Hawaii Down Syndrome Congress, Special Education Advisory Council, Hawaii Centers for Independent Living, Autism Society of Hawaii, and many concerned individuals testified in support of this bill.  The Department of the Attorney General, Department of Education, and Hawaii State Teachers Association opposed this measure.  A concerned individual offered comments.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2186, H.D. 1, and recommends that it be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair