THE SENATE	S.C.R. NO.	83
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

establishing the Hawaii Geographic Exception Task Force to identify and evaluate the process by which public school geographic exceptions are approved and to make recommendations to clarify and improve the geographic exception process.

     WHEREAS, the Individuals with Disabilities Education and Improvement Act of 2004 calls for each school district to ensure that a continuum of placements is available to meet the needs of children with disabilities for special education and related services; and

     WHEREAS, the determination of placement is based upon the child's individualized need and is made by the Individualized Education Plan team members, where parents are an integral part of such teams; and

     WHEREAS, to meet the growing diverse needs of students, school are striving to develop innovative curriculum in focused areas, resulting in the evolution of signature or magnet schools and schools of excellence; and

     WHEREAS, with the federal mandate of the No Child Left Behind Act, parents are given an option and priority to seek enrollment at a school outside their home school, if their home school is not making adequate yearly progress; and

     WHEREAS, families may seek public school geographic exceptions for many reasons, which may include and are not limited to attending other schools due to convenience of other caregivers or specialized curriculum and programming, such as at a signature school; and

     WHEREAS, through the Individualized Education Plan process, a team may make a programmatic placement based on a determination that a child's needs could be best met by enrolling the child in a school other than the child's home school; and

     WHEREAS, S.B. No. 759 (2009), would have provided parents of children with disabilities with additional flexibility in choices relating to education, including the requirement that a child with a disability shall be granted permission to attend a public school outside of the district in which the child resides, upon request by the parent or guardian of the child; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that there is established the Hawaii Geographic Exception Task Force to identify and evaluate the process by which public school geographic exceptions are approved and to make recommendations to clarify and improve the geographic exception process by:

     (1)  Analyzing data related to the applications for geographic exceptions of students receiving special education, including but not limited to:

          (A)  A comparison between the number of students applying for a geographic exception and the number of students approved; and

          (B)  A review of reasons given for geographic exception requests;

     (2)  Identifying barriers to fulfilling student requests for geographic exceptions based on:

          (A)  General education placements; and

          (B)  Special education programmatic placements; and

     (3)  Reviewing the process of application for, and adjudication and notification of geographic exceptions, as well as the process of appeals for completeness; and

     BE IT FURTHER RESOLVED that the Hawaii Geographic Exception Task Force shall include representatives from:

     (1)  The Office of the Superintendent of Education;

     (2)  The Board of Education;

     (3)  The Department of Health, Early Intervention Section;

     (4)  The Special Education Advisory Council;

     (5)  The Special Parent Information Network;

     (6)  The Learning Disabilities Association of Hawaii;

     (7)  The Community Children's Councils;

     (8)  A public elementary, middle, and high school;

     (9)  A parent of a child from a neighbor island and Oahu, to be appointed by the Superintendent of Education;

    (10)  A member of the Hawaii State Senate to be appointed by the President of the Senate; and

    (11)  A member of the Hawaii State House of Representatives to be appointed by the Speaker of the House of Representatives; and

     BE IT FURTHER RESOLVED that the Hawaii Geographic Exception Task Force is requested to submit a report of its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2010; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Superintendent of Education, Board of Education, Director of Health, Special Education Advisory Council, Special Parent Information Network, Learning Disabilities Association of Hawaii, Community Children's Councils, President of the Senate, and Speaker of the House of Representatives.

OFFERED BY:

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Report Title: 

Hawaii Geographic Exception Task Force; DOE; Report