Report Title:

Special Education; Oversight and Monitoring

 

Description:

Provides the Department of Education with oversight and monitoring powers over a child receiving special education services at a private school but at public expense.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	87
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EDUCATION.

 

 

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

 

     SECTION 1.  Section 302A-443, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The department shall [exercise] have the authority and obligation for oversight and monitoring of [any child who has undergone unilateral special education placement as soon as practicable after the placement.] students eligible for special education who are placed in a private school at public expense.  Oversight and monitoring in private school shall include:

(1)  Observation of the student in the private school setting;

(2)  Interviews with the student, if appropriate, and relevant parties; and

(3)  Examination of the student's educational records.

The department shall have the authority to withhold tuition payment for failure of the private school or parent to afford reasonable access to individuals, including the student, and records necessary to provide the free, appropriate public education."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________