STAND. COM. REP. NO. 2788

Honolulu, Hawaii

RE:    S.B. No. 1311

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 1311, 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 clarify that an educational practitioner who uses behavior analysis principles when practicing within the educational practitioner's own recognized scope of practice is exempt from the licensure requirements for behavior analysts.

     Your Committee received written comments in support of this measure from the Department of Education, Special Education Advisory Council, and State Council on Developmental Disabilities.

     Your Committee received written comments in opposition to this measure from the Hawaii State Teachers Association, Hawaii Association for Behavior Analysis, Hawaii Association of School Psychologists, and Keiki Educational Consultants, Inc.

     Your Committee received written comments on this measure from the Hawaii Disability Rights Center.

     Your Committee finds that as part of their regular duties in the delivery of teaching and strategies to assist students to learn, Department of Education personnel engage in the practice of behavior analysis in a school classroom setting.  However, department personnel, including general and special education teachers, counselors, school psychologists, and educational assistants, do not, in the course of their work in a public educational setting, use any title or description stating or implying that the individual is a licensed behavior analyst or a "practicing" behavior analyst.

     Your Committee further finds that without this measure, services to students with autism disorder may be disrupted.  This measure will clarify that educational professionals will not be subject to mandatory licensing outside the scope of their formal educational degrees and training.

     Your Committee notes that considerable concerns remain in regards to this measure, and, moving forward, stakeholders and the Department of Education should continue discussions and make recommendations on possible amendments.

     Your Committee has amended this measure by changing the effective date from upon approval to July 1, 2050, to facilitate further discussion on the matter.

     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. 1311, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1311, S.D. 2.

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

________________________________

JILL N. TOKUDA, Chair