Bill Text: HI SB1284 | 2011 | Regular Session | Introduced
Bill Title: Students with Disabilities; Private Schools; Monitoring; DOE
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-06-16 - (S) Act 129, 6/15/2011 (Gov. Msg. No. 1232). [SB1284 Detail]
Download: Hawaii-2011-SB1284-Introduced.html
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THE SENATE |
S.B. NO. |
1284 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The department of education is required to pay for the private placement of students with disabilities in private special education schools and placements as a result of hearing officers' decisions, court orders, or programmatic placement. When a student with a disability is placed in a private special education school or placement, the department of education is often not allowed to monitor each student's progress and educational programming to ensure that each student is afforded the same opportunity to receive rigorous, standards-based instruction and curriculum that are aligned with the Common Core State Standards that are provided to their peers in public schools. Some private placements are not in compliance with federal, state, and county health and safety laws, rules, regulations, and requirements.
The department of education is also charged high cost tuition and fees for services by private special education placements. The department of education should pay reasonable tuition and fees for services.
The purpose of this Act is to ensure that the department of education has the ability to monitor students with disabilities who are placed in private special education schools or placements so that the department of education can ensure: (1) the safety of each student; (2) that each student is receiving rigorous, content-based instruction and curriculum that are aligned with the Common Core State Standards; (3) the implementation of the student's Individualized Education Program; and (4) that the rates, fees, and tuition charged are reasonable.
SECTION 2. Section 302A-443, Hawaii Revised Statutes is amended to read as follows:
"(f) The department shall [exercise oversight
and monitoring of] monitor any child who [has undergone
unilateral] is placed, at the department's expense, whether by direct
payment or through reimbursement to the student's parent, legal guardian, or
legal custodian or in any private special education school as defined by
federal laws relating to students with disabilities and the implementing
regulations or any other private special education placement. Any private
special education school or placement who receives funding from the
department for the placement of a student with a disability at its private
special education school or placement, whether such funding is by direct payment
or through reimbursement to the student's parent, legal guardian, or legal
custodian, shall allow the department access to exercise its authority
to monitor any student placed at the private special education school or
placement. Monitoring shall include but not be limited to:
(1) The monitoring of all private special education schools and placements to ensure compliance with all applicable federal, state, and county laws, rules, and regulations pertaining to health and safety;
(2) The monitoring of all students with disabilities placed in a private special education school or placement to ensure that each student is receiving academic education, instruction, and programming as required by each student's individualized education program; and
(3) The monitoring of all students with disabilities placed in a private special education school or placement to ensure that the curriculum and instruction is rigorous, based on content standards, and aligned with the Common Core State Standards.
The department shall set rates for the payment of any student placed in a private special education school or placement."
"g) The department shall adopt rules relating to section 302A-443(f)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Relating to Education
Description:
Amends section 302A-443, Hawaii Revised Statutes, to allow the Department of Education (1) access to monitor students with disabilities who are placed, at the Department’s expense, at private special education schools or placements; and (2) the mechanism to set reasonable rates for the placement of students at private special education schools and placements.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
