STAND. COM. REP. NO.  827

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 87

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred H.B. No. 87, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this bill is to ensure that a free and appropriate public education is provided to students eligible for special education who are placed in private schools at public expense by:

     (1)  Authorizing and obligating the Department of Education (DOE) to oversee and monitor these students;

     (2)  Specifying that if the private school does not allow DOE routine and timely access to monitor the delivery of special education, the placement of the student in the private school is to be deemed an inappropriate placement for the student and is not to be considered the last agreed-upon placement; and

     (3)  Requiring the individualized education program team to reconvene to determine a new placement for the student.

     DOE testified in support of this bill.  The State Council on Developmental Disabilities, Community Children's Councils of Hawaii, Hawaii Disability Rights Center, and several concerned individuals opposed this measure.  The Special Education Advisory Council, Hawaii Association of Independent Schools, Autism Society of Hawaii, and several individuals offered comments.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 87, H.D. 2, and recommends that it pass Third Reading.

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

____________________________

MARCUS R. OSHIRO, Chair