REPORT TITLE:
Hlth; Envir. Hazards; Children


DESCRIPTION:
Requires the department of education to evaluate, identify, and
report to department of health any suspicious increase or
significant clusters of disease or illness suspected to be
related to environmental contamination.  Requires the department
of health to work cooperatively with department of education to
identify, investigate, and report to the public concerning such
significant clusters or increases of illness.  Requires a study
of students at four schools for the presence of environmental
contamination.  Requires the department of health to test water
and soil.  Requires the department of health rather than the
department of education to establish rules to determine the
eligibility of exceptional children for instruction, special
facilities, and special services.  (HB1663 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1663
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HEALTH.



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

 1      SECTION 1.  The legislature finds that, as the population of
 
 2 the State grows, housing is being constructed on former
 
 3 agricultural lands or on locations formerly used by the military.
 
 4 This situation is certain to increase as agriculture declines and
 
 5 additional lands become available for residential development.
 
 6 Environmental health hazards in the soil as residue from
 
 7 pesticides or contaminated drinking water can remain undetected
 
 8 until significant clusters of disease or illness are identified.
 
 9 Secret underground military facilities, such as tunnels or
 
10 bunkers, in which were stored arms or chemicals, are also capable
 
11 of causing environmental health hazards.
 
12      The legislature also finds that significant clusters of
 
13 illness or disease are not readily identifiable until some
 
14 commonality occurs, such as neighbors comparing notes or a
 
15 significant proportion of children of the same age entering a
 
16 single neighborhood school enrolled in special education classes.
 
17 The legislature also finds that some of the existing statutes
 
18 relative to this issue were created over a generation before new
 
19 residential developments began to grow on former agricultural
 
20 land and may need revising in view of current circumstances.
 

 
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 1      The legislature further finds that when a significant
 
 2 cluster or increase of illness or disease occurs in a school and
 
 3 is identified by the school staff, it should be the
 
 4 responsibility of the principal and school staff to report their
 
 5 suspicions to the department of health.  The department of
 
 6 health, working in cooperation with the department of education,
 
 7 should be responsible for the related health services.
 
 8      Finally, the legislature finds that the department of health
 
 9 also should have the authority to pool the resources of other
 
10 state departments, such as the department of agriculture, the
 
11 department of land and natural resources, and the University of
 
12 Hawaii, to investigate, analyze, and resolve reports of
 
13 significant clusters or increases of illness or disease occurring
 
14 in a school.
 
15      Accordingly, the purpose of this Act is to assign
 
16 responsibility to and clarify the duties of the department of
 
17 education and the department of health with respect to any
 
18 significant increase or cluster of disease or illness at a
 
19 school.
 
20      SECTION 2.  Section 302A-439, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]§302A-439[]]  Eligibility standards.  The eligibility of
 
23 exceptional children for instruction, special facilities, and
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 special services shall be determined in accordance with [those
 
 2 standards established] rules adopted by the department[.] of
 
 3 health."
 
 4      SECTION 3.  Section 302A-441, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§302A-441[]]  Studies, surveys, rules.  The department
 
 7 of education shall evaluate, identify, and report to the
 
 8 department of health any suspicious increase or significant
 
 9 clusters of disease or illness suspected to be related to
 
10 environmental contamination and reported by a school.  When a
 
11 cluster of disease or illness is reported, the department of
 
12 education shall supply, at a minimum, the addresses of students
 
13 who are affected, to the department of health.  The department of
 
14 education shall [establish and make such] adopt rules and conduct
 
15 any studies, surveys, and evaluations[, and rules as] that are
 
16 necessary to carry out the purposes of sections 302A-436 to 302A-
 
17 443."
 
18      SECTION 4.  Section 302A-442, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]§302A-442[]]  Occupational therapy services, physical
 
21 therapy services, school health services, mental health services,
 
22 psychological services, and medical services for diagnostic or
 
23 evaluative purposes.  (a)  The department of health, within the
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 funds available, shall be responsible for the related services of
 
 2 occupational therapy, physical therapy, school health, mental
 
 3 health, psychological, and medical services for evaluation or
 
 4 diagnostic purposes and, within the funds available, shall
 
 5 provide for those exceptional children who need these services
 
 6 and who attend public school in the State.  
 
 7      (b)  The department of health shall identify, investigate,
 
 8 and report to the public any findings relating to the presence or
 
 9 absence of significant clusters or increases of illness or
 
10 disease suspected to be caused by environmental health hazards.
 
11 The department of health shall have the authority to pool
 
12 resources of other state departments to conduct the necessary
 
13 investigation.
 
14      (c)  The department of health shall work in cooperation with
 
15 the department of education to implement this section. The
 
16 procedures to implement this section shall be in accordance with
 
17 the department of health's rules."
 
18      SECTION 5.  The department of education shall provide the
 
19 department of health with the addresses of special education
 
20 students at Holomua elementary school, Kaleiopuu elementary
 
21 school, Waipahu intermediate school, and Waipahu high school, and
 
22 any other information that the department of education may
 
23 provide that may be relevant to the investigation of
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 environmental health hazards.  If practical, the department of
 
 2 education shall also provide the addresses of students who live
 
 3 in the districts of these schools but who have geographic
 
 4 exemptions to attend other schools, as well as other information
 
 5 that is allowable and may be relevant.  Using this information,
 
 6 the department of health shall determine whether there is reason
 
 7 to suspect the presence of any environmental health hazard.  In
 
 8 making this determination, the department of health shall study
 
 9 the Village Park area and other targeted geographic areas rather
 
10 than relatively large geographic areas where there appear to be
 
11 clusters.  The department of health shall test the drinking water
 
12 and soil in areas suspected of having environmental health
 
13 hazards.
 
14      SECTION 6.  The department of health shall test the drinking
 
15 water and the soil in the Village Park area for environmental
 
16 health hazards.
 
17      SECTION 7.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $1 to test drinking
 
19 water and soil for environmental health hazards.
 
20      SECTION 8.  The sum appropriated shall be expended by the
 
21 department of health for the purposes of this Act.
 

 
 
 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 9.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 10.  This Act shall take effect upon its approval,
 
 4 except that sections 8 and 9 shall take effect on July 1, 1999.