Report Title:

Felix Class Children; Public Advocate

Description:

Establishes the office of the public advocate for Felix class children enrolled in the public school system. Requires the board of education to establish the office's powers and duties. Allows the board to retain legal services for the office.

THE SENATE

S.B. NO.

1690

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to special education.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that, although there are many established programs and services available to families with Felix class children, many families continue to be confused on how to access these programs or obtain such services. Parents with Felix class children are already faced with the challenge of coping with the additional needs of their Felix class child. The legislature finds that these families need assistance in navigating the complexities of accessing programs and obtaining services for their children.

The purpose of this Act is to ensure that parents of Felix class children have assistance from a public advocate during the individualized education program and due process portions of the department of education's implementation of the Individuals with Disabilities Education Act and the Felix consent decree.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Advocate for felix class children

§302A-A Office of the public advocate for Felix class children; established. (a) There is established, within the department of education, an office of the public advocate for Felix class children to assist parents of Felix class children during the individual educational program and due process portions of the department's implementation of the requirements of the Individuals with Disabilities Education Act and the Felix consent decree. The board of education shall appoint an executive director of the office of the public advocate for Felix class children who shall be exempt from chapter 76.

(b) As used in this part, "Felix class children" means students enrolled in the public school system to whom the Felix consent decree, which specifies the parameters under which the State is obliged to provide free appropriate public education to the Felix class, as required under the Individuals with Disabilities Act and Section 504 of the Rehabilitation Act, applies.

§302A-B Salary and duties of executive director; staff; benefits. (a) The board, in consultation with the department, shall define the executive director's powers and duties and fix the executive director's compensation.

(b) The executive director shall appoint such other officers and employees as may be necessary to carry out the functions of the office of the public advocate. All employees shall be hired by the executive director, shall be exempt from chapters 76 and 89, and shall serve at the executive director's pleasure. In determining the salary of the employees of the office of the public advocate, the executive director shall consult with the department of human resources development.

(c) The executive director and staff members of the office of the public advocate for Felix class children shall be entitled to participate in any public employee benefit plan.

§302-C Powers and duties. In addition to any other powers and duties established by the board, the office of the public advocate for Felix class children shall:

(1) Assist Felix class families in understanding their rights and the services available to them;

(2) Assist Felix class families in obtaining services;

(3) Provide assistance on locating appropriate support groups;

(4) Assist in the development of advocacy policies and directives to support and promote compliance with the Felix consent decree;

(5) Coordinate and disseminate information and services provided by other public and private agencies that can assist Felix class families with issues and matters facing Felix class children; and

(6) Do any and all things necessary to assist parents of Felix class children during the individual educational program and due process portions of the department's implementation of the requirements of the Individuals with Disabilities Education Act and the Felix consent decree.

§302A-D Legal counsel. The board may appoint or retain, without regard to chapter 76, attorneys to provide legal services for the office of the public advocate for Felix class children. Nothing in this section precludes the board from requesting and securing legal services from the attorney general and the department of the attorney general."

SECTION 3. Section 28-8.3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

(1) By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;

(2) By any court or judicial or legislative office of the State;

(3) By the legislative reference bureau;

(4) By any compilation commission that may be constituted from time to time;

(5) By the real estate commission for any action involving the real estate recovery fund;

(6) By the contractors license board for any action involving the contractors recovery fund;

(7) By the trustees for any action involving the travel agency recovery fund;

(8) By the office of Hawaiian affairs;

(9) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485;

(10) As grand jury counsel;

(11) By the Hawaiian home lands trust individual claims review panel;

(12) By the Hawaii health systems corporation or any of its facilities;

(13) By the auditor;

(14) By the office of ombudsman;

(15) By the insurance division;

(16) By the University of Hawaii;

(17) By the Kahoolawe island reserve commission;

(18) By the division of consumer advocacy;

(19) By the office of elections;

(20) By the campaign spending commission;

(21) By the Hawaii tourism authority, as provided in section 201B-2.5; [or]

(22) By a department, in the event the attorney general, for reasons deemed by the attorney general good and sufficient, declines, to employ or retain an attorney for a department; provided that the governor thereupon waives the provision of this section[.]; or

(23) By the office of the public advocate for Felix class children."

2. By amending subsection (c) to read:

"(c) Every attorney employed by any department on a full-time basis, except an attorney employed by the public utilities commission, the labor and industrial relations appeals board, the Hawaii labor relations board, the office of Hawaiian affairs, the Hawaii health systems corporation, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the division of consumer advocacy, the University of Hawaii, the Hawaii tourism authority as provided in section 201B-2.5, the Hawaiian home lands trust individual claims review panel, the office of the public advocate for Felix class children, or as grand jury counsel, shall be a deputy attorney general."

SECTION 4. There is appropriated out of the compliance resolution fund the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, for the purpose of funding the operations of the office of the public advocate for Felix class children established under this Act.

SECTION 5. The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. This Act shall take effect on July 1, 2005; provided that the amendment made to section 28-8.3, Hawaii Revised Statutes, in section 3 of this Act shall not be repealed when that section is reenacted on June 30, 2007, pursuant to section 14 of Act 58, Session Laws of Hawaii 2004.

INTRODUCED BY:

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