STAND. COM. REP. NO. 2542

Honolulu, Hawaii

RE: S.B. No. 2085

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Education and Human Services, to which was referred S.B. No. 2085 entitled:

"A BILL FOR AN ACT RELATING TO BEHAVIOR ANALYSIS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Appropriate funds to the Department of Education to provide public school students with behavior analysis services; and

(2) Require the Department of Education to seek any necessary approvals from the Centers for Medicare and Medicaid Services to amend the state Medicaid plan to include applied behavior analysis services for eligible students who have been diagnosed with an autism spectrum disorder.

Your Committees received testimony in support of this measure from the State Public Charter School Commission, Hawaii State Teachers Association, Hawaii Psychological Association, Democratic Party of Hawai‘i Education Caucus, and a private individual. Your Committees received testimony in opposition to this measure from seven private individuals. Your Committees received comments on this measure from the Department of Education, Department of Human Services, Hawaii Association of Behavior Analysts, Hawaii Disability Rights Center, and six private individuals.

Your Committees find that there is a shortage of licensed behavior analysts, which makes it difficult for the Department of Education to adequately serve the nearly 1,500 public school students who are currently diagnosed with autism disorders. Your Committees further find that the qualifications for behavioral analysis services are set forth in chapter 465D, Hawaii Revised Statutes.

Your Committees have amended this measure by:

(1) Limiting eligible behavior analysis service providers to individuals permitted to perform such services pursuant to chapter 465D, Hawaii Revised Statutes;

(2) Clarifying that the services will be available to public charter school students; and

(3) Amending the effective date from July 1, 2020, to July 1, 2050.

As affirmed by the records of votes of the members of your Committees on Education and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2085, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2085, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Human Services,

________________________________ RUSSELL E. RUDERMAN, Chair

________________________________ MICHELLE N. KIDANI, Chair