WHEREAS, students with disabilities are entitled to a free and appropriate public education; and

WHEREAS, there are significant costs associated with providing transportation to students with disabilities; and

WHEREAS, the cost of providing special education and related services was thirty percent of the Department of Education's instructional budget in fiscal year 2013-2014; and

WHEREAS, only one of four students with disabilities demonstrates proficiency in reading while three out of four of their non-disabled peers are proficient; and

WHEREAS, the growth rate in reading and mathematics proficiency for students with disabilities, as measured by the Department of Education's StriveHI Performance System, is less than that of their non-disabled peers; and

WHEREAS, the achievement gap between students with disabilities and non-disabled students has been stagnant over the past five years, despite reform efforts; and

WHEREAS, the chronic absenteeism rate for students with disabilities is greater than for their non-disabled peers; and

WHEREAS, the suspension rate for students with disabilities is greater than for their non-disabled peers; and

WHEREAS, the graduation rate for students with disabilities was more than twenty percentage points lower than for their non-disabled peers in the 2013-2014 school year; and

WHEREAS, the State of Hawaii has been found to have improperly implemented its special education programs, and continues to face legal action alleging improper implementation of special education programs; and

WHEREAS, the Department of Education commissioned the Hawaii Department of Education Special Education Review by the WestEd Center for Prevention and Early Intervention in 2010 to identify areas for improving the delivery of special education services; and

WHEREAS, the review identified numerous areas for improvement including improvements to the overall special education system and structure, alignment of resources to ensure system effectiveness and accountability for results, and building capacity to meet legal requirements and move to a focus on instruction and student performance; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, that the Department of Education is requested to convene a special education task force to evaluate the Department of Education's progress in implementing the recommendations of the Hawaii Department of Education Special Education Review and make recommendations regarding ways to improve delivery of special education services and supports to improve outcomes for students with disabilities; and

BE IT FURTHER RESOLVED that the special education task force be composed of the following members:

(1) Chairperson of the Senate Committee on Education, or the Chairperson's designee;

(2) Chairperson of the House of Representatives Committee on Education, or the Chairperson's designee;

(3) Chairperson of the Board of Education, or the Chairperson's designee;

(4) Chairperson of the Special Education Advisory Council, or the Chairperson's designee;

(5) Superintendent of Education, or the Superintendent's designee;

(6) Federal Programs Officer of the Department of Education, or the Officer's designee;

(7) Chief Financial Officer of the Department of Education, or the Chief Financial Officer's designee;

(8) A representative from the general membership of the Special Education Advisory Council;

(9) A representative from the Learning Disabilities Association of Hawaii's Parent Training and Information Center; and

(10) A representative from the Community Children's Councils; and

BE IT FURTHER RESOLVED that the special education task force submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2016; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Education, Superintendent of Education, Chairperson of the Special Education Advisory Council, Executive Director of the Learning Disabilities Association of Hawaii, and Chairpersons of the Community Children's Councils.

	OFFERED BY:	_____________________________

Report Title:

Department of Education; Special Education; Hawaii Department of Education Special Education Review

THE SENATE	S.R. NO.	111
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII