235
HOUSE OF REPRESENTATIVES             H.C.R. NO.            
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     HOUSE  CONCURRENT
                        RESOLUTION

  REQUESTING THE GOVERNOR TO CONVENE AN INFORMAL AND TEMPORARY
    JOINT COMMITTEE COMPRISED OF MEMBERS OF THE BUSINESS
    COMMUNITY AND THE DEPARTMENT OF EDUCATION TO JOINTLY
    RESOLVE THE PROBLEM OF PROVIDING OPPORTUNITIES FOR
    EMPLOYEES TO PARTICIPATE FULLY IN THE DEVELOPMENT OF
    INDIVIDUALIZED EDUCATION PROGRAMS FOR THEIR CHILDREN WITH
    DISABILITIES.


 1        WHEREAS, the Department of Education is under a court
 2   mandate to comply with the Felix v. Waihee consent decree; and
 3   
 4        WHEREAS, under the decree, the approximately eight hundred
 5   children affected must receive appropriate education; and
 6   
 7        WHEREAS, failure to comply will result in a fine of
 8   $25,000 per day until compliance is achieved; and
 9   
10        WHEREAS, educational systems that have failed to meet
11   federal mandates find themselves in danger of passing into
12   receivership; and
13   
14        WHEREAS, an integral part of the provision of services to
15   the Felix v. Waihee class of children is the development of an
16   individualized education program for each child; and
17   
18        WHEREAS, the individualized education program is created
19   through an agreement reached at meetings at which the following
20   are required to attend:
21   
22        (1)  A parent or caregiver;
23   
24        (2)  The child;
25   
26        (3)  The child's teacher;
27   
28        (4)  An administrator of the child's school; and
29   

 
Page 2                                                     235
                                  H.C.R. NO.            
                                                        
                                                        

 
 1        (5)  A diagnostician;
 2   
 3   and
 4   
 5        WHEREAS, a period of sixty days from initial request to
 6   completion of the individualized education program is allowed;
 7   and
 8   
 9        WHEREAS, although the schedules of the child, teacher,
10   administrator, and diagnostician may be easily adjusted to
11   accommodate the required meetings, a parent or caregiver who is
12   employed may not have the same flexibility, and it has proven
13   difficult for parents and caregivers who are employed to attend
14   the required meetings during work hours; and
15   
16        WHEREAS, the business community has long advocated
17   excellence in education, but is rightfully concerned that the
18   work of its employees may be disrupted due to attendance at
19   these individualized education program meetings; now,
20   therefore,
21   
22        BE IT RESOLVED by the House of Representatives of the
23   Twentieth Legislature of the State of Hawaii, Regular Session
24   of 1999, the Senate concurring, that the Governor is requested
25   to convene an informal and temporary Joint Committee comprised
26   of members of the business community and the Department of
27   Education to jointly resolve the problem of providing
28   opportunities for employees to participate fully in the
29   development of individualized education programs for their
30   children with disabilities; and
31   
32        BE IT FURTHER RESOLVED that the Joint Committee is
33   requested to report its recommendations to the Governor and the
34   Legislature, including any necessary proposed legislation, no
35   later than twenty days prior to the convening of the Regular
36   Session of 2000; and
37   
38        BE IT FURTHER RESOLVED that the Joint Committee terminate
39   on the adjournment, sine die, of the Regular Session of 2000;
40   and
41   
42        BE IT FURTHER RESOLVED that certified copies of this
43   Concurrent Resolution be transmitted to the Governor, who is
44   requested to distribute copies to members of the business
45   community, the Superintendent of Education, and the Chairperson
46   of the Board of Education.
47   
48   
49   
50                         OFFERED BY:  ____________________________