DRAFT 6/4/03

STATE OF HAWAII
BOARD OF EDUCATION RESOLUTION

SUPPORTING IN PART AND OPPOSING IN PART
H.R. 1350, AS AMENDED, 108^th CONGRESS, "IMPROVING EDUCATION
RESULTS FOR CHILDREN WITH DISABILITIES ACT OF 2003"

WHEREAS, the Individuals with Disabilities Education Act (IDEA) guarantees a free, appropriate, public education to children with disabilities; and

WHEREAS, IDEA authorizes federal funding for the education of children with disabilities; and

WHEREAS, IDEA also supports needed services to infants, toddlers and preschoolers with disabilities and their families as well as supports to the education system that are critical for schools to meet their obligation to these students; and

WHEREAS, prior to the passage of IDEA in 1975, at least one million children with disabilities in the United States were excluded entirely from the education system, and many other children with disabilities were in segregated settings and had only limited access to the educational system, thereby denying them an appropriate education; and

WHEREAS, today, approximately six and one-half million children with disabilities receive appropriate early intervention, preschool and special education, and related services thanks to IDEA; and

WHEREAS, the Hawaii State Department of Education (DOE) currently serves 23,277 students with disabilities; and

WHEREAS, Hawaii State Board of Education (BOE) Policies Nos. 2160 (Special Education and Related Services), 2235 (Developmentally Appropriate Teaching Strategies), and 2280 (Inclusion), and Hawaii Administrative Rules, Title 8, Chapter 56 (Provision of a Free Appropriate Public Education for a Student with a Disability) support the position that "all students can learn," including those with disabilities; and

WHEREAS, compliance with requirements of the Felix Consent Decree (the result of a class action lawsuit filed in 1992 against the State of Hawaii) have served to strengthen outcomes for students with disabilities in Hawaii's schools, including identifying thousands of students who previously did not receive special education and related services and building a system of service and support that

previously did not exist and has done so to the satisfaction of the United States District Court for the District of Hawaii; and

WHEREAS, the DOE continues to be challenged by issues such as recruitment and retention of qualified personnel to provide special education and related services to children with disabilities, including maintaining a minimum staffing of 90% qualified special education teachers statewide; and

WHEREAS, IDEA has been amended several times since it was enacted, most recently and comprehensively by the 1997 IDEA reauthorization, P.L. 105107; and

WHEREAS, Congress is again examining IDEA through H.R. 1350, 108^th Congress, "Improving Education Results for Children with Disabilities Act," which reauthorizes IDEA; and

WHEREAS, on April 30, 2003, the U.S. House of Representatives voted 251 to 171 to pass H.R. 1350, and this bill is currently before the U.S. Senate; and

WHEREAS, due to the far-reaching affect of H.R. 1350 on the education of children with disabilities, on May 14, 2003, the BOE Committee on Special Programs (Committee) discussed H.R. 1350 and its position on the legislation; and

WHERAS, the Committee received testimony from 30 individuals, including Congressman Neil Abercrombie, in opposition to the provisions of H.R. 1350 and most commonly referring to changes in the areas of due process rights and procedures, disciplinary actions without regard to disability, attorneys' fees, and the individualized education plan (IEP). Of the testimony, at least five attested to the positive outcomes that students have had because of IDEA and caring, supportive school level faculty and staff, and another seven described the challenges that families are dealing with and how IDEA is an important tool in the pursuit of education for their children; and

WHEREAS, the Committee received no testimony in support of H.R. No. 1350; and

WHEREAS, the intended and stated purposes of H.R. 1350 are to: (1)(A) Ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; and to ensure that parents' and children's rights are protected; (B) Ensure that the rights of children with disabilities and parents of such children are protected; (C) Assist states, localities, educational service agencies, and federal agencies to provide for the education of all children

with disabilities; (2) Assist states in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families; (3) Ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and (4) Assess, and ensure the effectiveness of, efforts to educate children with disabilities; and

WHEREAS, the BOE recognizes that IDEA has been instrumental in bringing about positive educational outcomes for children with disabilities, and so it is especially critical that provisions in H.R. 1350 not detract from the intent of IDEA; now, therefore,

BE IT RESOLVED that the State of Hawaii Board of Education supports in part and opposes in part H.R. 1350, 108^th Congress, "Improving Education Results for Children With Disabilities Act of 2003," in the form that it was passed out of the U.S. House of Representatives; and

BE IT FURTHER RESOLVED that the State of Hawaii Board of Education offers the following comments related to specific provisions of H.R. 1350:

Opposes

Limiting the number of children with disabilities ages 3 to 17 that are to be counted for the purposes of determining maximum state grants to 13.5% of all children in that age group within the state; and

Allowing educational agencies to use up to 15% of Part B funds for pre- referral services (i.e. for students who have not been identified as needing special education and related services but who need additional academic and behavioral support to succeed in a general education environment);

Provisions allowing educational agencies the right to evaluate a child for IDEA eligibility without the parent's consent;

Removing measures for assessing student progress such as short-term objectives/benchmarks;

Allowing the multi-year IEPs not to exceed three years;

Imposing a one year statute of limitations on the right of parents to present complaints;

Requiring `resolution sessions' (that prevents an attorney and other individuals from being present to support and counsel the parents) prior to filing a due process complaint;
Requiring that educational agencies offer voluntary binding arbitration in lieu of due process hearings;
Allowing state governors or other appropriate state official to determine the rates that prevailing attorneys are paid;
Establishing provisions that allow schools to discipline students with disabilities for violation of any school rule, without regard to the probability that the behavior is related to the disability, and order a change in placement for up to 45 days and possibly more;
Deleting provisions that require a functional behavioral assessment, development of behavior intervention plans and review of the appropriateness of the current IEP and placement when disciplining a child with a disability; and
Providing for a pilot program on `paperwork reduction' that does not include parameters to ensure that educational rights of children with disabilities are maintained.

Supports

Increasing federal funding for Part B through 2010;

Increasing the minimum allowed for set aside to the state administration to $750,000;
Allowing for the use of alternative means of IEP meeting participation, such as video conferences and conference calls when agreed to by the parents and the educational agency;
Changing the procedural safeguard notification requirement to: upon initial referral or parental request for evaluation; annually, at the beginning of the school year; and upon written request by a parent;

Improving monitoring and oversight by the federal government to include specified state indicators of educational outcomes for children with disabilities, such as academic achievement, graduation rates, dropout rates, education in the least restrictive environment and the transition of children with disabilities from

special education to post-school experiences (e.g. postsecondary education and employment); and

Requiring the Secretary of Education to publish and disseminate a model IEP form, a model form for the procedural safeguards notice, and a model form for the prior written notice in section 615(b)(3);

and

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted to the President of the United States, the Vice President of the United States, the Speaker of the United States House of Representatives, Hawaii's Congressional Delegation, the Governor of Hawaii, the President of the Hawaii State Senate, the Speaker of the Hawaii State House of Representatives, and the Superintendent of Education of the State of Hawaii.