STAND. COM. REP. NO.  1719-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2004

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred S.B. No. 2004, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

     The purpose of this bill is to assist in ensuring that children with disabilities receive appropriate special education by:

     (1)  Extending from 90 days to one year the time allowed for parents or guardians or the Department of Education (DOE) to request a hearing regarding the reimbursement of costs for a child's unilateral placement in special education;

     (2)  Requiring DOE to submit annual reports to the Legislature that provide the total number of requests filed by a parent or guardian of a child with a disability for a due process hearing regarding the reimbursement of costs for a child's placement; and

     (3)  Requiring DOE to exercise oversight and monitoring of any child who has undergone unilateral placement in special education.

     The Special Education Advisory Council, Hawaii Disability Rights Center, Autism Society of Hawaii, Autism Speaks, Hawaii Centers for Independent Living, and numerous concerned individuals supported this bill.  The Attorney General and Hawaii State Teachers Association opposed this measure.  DOE, the State Council on Developmental Disabilities, Community Children's Councils in Hawaii, and several concerned individuals provided comments.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2004, S.D. 2, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

MARCUS R. OSHIRO, Chair