STAND. COM. REP. NO.551

Honolulu, Hawaii

, 2001

RE: S.B. No. 977

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Education and Health and Human Services, to which was referred S.B. No. 977 entitled:

"A BILL FOR AN ACT RELATING TO FELIX CONSENT DECREE,"

beg leave to report as follows:

The purpose of this measure is to establish guidelines for children with disabilities, including formulation of a definition of "eligible student", establishment of three groups to determine eligibility; the restriction of ten per cent of all Felix-related budget appropriations for reassessment, and an assessment by the Auditor of former students who no longer receive services because of age.

Your Committees received comments on this measure by the Department of Health (DOH) and the Office of Information Practices. The Attorney General, Department of Education (DOE), and Hawaii Disability Rights Center submitted testimony in opposition.

Your Committees find that many of the concerns expressed centered on the Individualized Education Program (IEP) required by the Individuals with Disabilities Education Act and the eligibility procedures proposed in this measure. Of particular concern to many representatives of Felix class members, special education teachers, and school administrators is the real or perceived conflict of interest when the IEP is based on the recommendation of a mental health professional who then becomes the provider of services to the student, or whose company becomes the provider of service. This problem is further exacerbated by a limited number of mental health professionals in various fields and geographic areas.

Your Committees find these concerns to be well taken and have amended this measure to delete its contents and insert language to require the DOE, with assistance from the DOH to adopt administrative rules that clearly outline the IEP, and any other rules applicable to Felix class students, require disclosure of any conflict of interest by IEP team members, and require an annual report to the legislature on any conflicts of interest.

As affirmed by the records of votes of the members of your Committees on Education and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 977, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 977, S.D. 1, and be referred to the Committee on Ways and Means.

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

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DAVID MATSUURA, Chair

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NORMAN SAKAMOTO, Chair