CONFERENCE COMMITTEE REP. NO. 3-14

Honolulu, Hawaii

                 , 2014

RE:    S.B. No. 2134

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2134, S.D. 1, 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 amend various sections of chapter 302A, Hawaii Revised Statutes (HRS), to comply with the requirements of the federal Individuals with Disabilities Education Act.

     Your Committee on Conference finds that the United States Court of Appeals for the Ninth Circuit recently held in E.R.K. v. State of Hawaii Department of Education, 728 F.3d 982 (2013), that section 302A‑1134(c), HRS, which limits public school attendance to children who are under twenty years of age, violates the federal Individuals with Disabilities Education Act by denying public education to special-needs students aged twenty to twenty-one.  This measure is necessary to bring Hawaii's law into compliance with the federal Individuals with Disabilities Education Act.

     Your Committee on Conference has amended this measure by making this measure effective upon its approval.

     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. 2134, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2134, S.D. 1, 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 M. TAKUMI, Co-Chair	____________________________ JILL N. TOKUDA, Chair
____________________________ JUSTIN H. WOODSON, Co-Chair	____________________________ MICHELLE N. KIDANI, Co-Chair