CONFERENCE COMMITTEE REP. NO. 110

Honolulu, Hawaii

                 , 2011

RE:    S.B. No. 1284

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1284, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Authorize the Department of Education to monitor students with disabilities who are placed, at the Department's expense, at private special education schools or placements;

     (2)  Require private special education schools or placements to post rates, fees, and tuition by April of each year; and

     (3)  Require the Department to pay only for private special education school or placement services that are specified in a student's Individualized Education Program and to withhold payment to private special education schools or placements that restrict or deny monitoring by the Department.

     Your Committee on Conference finds that the Department of Education has the responsibility to ensure that students with disabilities who are placed in private special education schools or placements are provided special education and related services in conformance with their Individualized Education Programs.  In order for the Department to fulfill this obligation, it must have access to monitor students with disabilities in private special education schools or placements.

     Your Committee has amended this measure by:

     (1)  Deleting the exemption from the requirements of this measure for those schools that are full and accredited members in good standing of the Hawaii Catholic Schools; and

     (2)  Changing the effective date to July 1, 2011.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1284, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1284, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ ROY TAKUMI, Co-Chair	____________________________ JILL TOKUDA, Chair
____________________________ MARILYN B. LEE, Co-Chair	____________________________ SUZANNE CHUN OAKLAND, Co-Chair
	____________________________ MICHELLE KIDANI, Co-Chair