STAND. COM. REP. NO. 331

Honolulu, Hawaii

RE:    S.B. No. 1503

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Education, to which was referred S.B. No. 1503 entitled:

"A BILL FOR AN ACT RELATING TO SPECIAL EDUCATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Change the term "exceptional child" to "student with disability" and to clarify the criteria for such a designation;

     (2)  Clarify the definition of services auxiliary to education required to be provided to students with a disability;

     (3)  Clarify eligibility standards for preschool students with a disability;

     (4)  Clarify charter school duties to children with a disability; and

     (5)  Establish certification criteria for persons who provide interpreting services for children who are deaf or hard of hearing and certain students with a disability.

     Your Committee has amended this measure by deleting its contents and replacing it with language to:

     (1)  Require private special education schools and programs that provide services to students with disabilities who receive state funding, to comply with federal and state laws, rules, and regulations;

     (2)  Require accreditation within ninety days for private schools or programs that accept students with disabilities who receive state funding; and

     (3)  Provide definitions for the terms "accredited private special education school or program", "certified or licensed private residential facility", and "nonpublic special education school or program".

     Prior to amending this measure, a proposed S.D. 1 was prepared and made available for public review.

     Your Committee received testimony in support of this proposed measure from the Department of Education, Complex Area Superintendent for the Castle-Kahuku Complex; the Department of Education, Kaaawa Elementary School Principal; the State Council on Developmental Disabilities; the Hawaii Association of Independent Schools; the Special Education Advisory Council; the Community Children's Council of Hawaii; and five individuals.  Your Committee received testimony in opposition to this measure from the Autism Society of Hawaii and one individual.

     Your Committee finds that situations arise in which private special education schools or programs provide placement opportunities for students with disabilities at the Department of Education's expense.  Your Committee further finds that it is vital that these special education schools or programs comply with federal and state laws and are accredited to ensure that disabled students are receiving appropriate services.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1503, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1503, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

JILL TOKUDA, Chair