STAND. COM. REP. NO. 624

Honolulu, Hawaii

RE:    S.B. No. 1284

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 1284, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to ensure quality services for students with disabilities by, among other things:

     (1)  Authorizing the Department of Education (DOE) to monitor students with disabilities who are placed in private schools or placements at DOE's expense, and requiring DOE to withhold payment if student monitoring is restricted or denied;

     (2)  Requiring private schools and placements that receive DOE funds to annually post itemized rates, fees, and tuition and to charge DOE the same as for parents and guardians who unilaterally place a student at the private school or placement; and

     (3)  Requiring DOE to pay only for private school or placement services that are specified in a student's individualized education program.

     Your Committee received written comments in support of this measure from Lea E. Albert, Complex Area Superintendent, DOE; Kalei Kailihiwa, Director, Ho'olako Like, Kamehameha Schools; and Ivalee Sinclair, Chair, Special Education Advisory Council.  Written comments were received from Liz Ann Salvador, Chair, State Council on Developmental Disabilities.

     Your Committee finds that this measure will help DOE monitor students placed in private special education programs at DOE's expense, thereby allowing DOE to be more accountable for the public funds paid for these placements and to determine whether the students are receiving quality education and services that result in true progress.  In addition, by requiring these private programs to charge DOE the same tuition, rates, and fees as for non-DOE-funded students, this measure ensures that taxpayer dollars are spent wisely.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 2050, to encourage further discussion on this measure; and

     (2)  Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

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

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair