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HI SB569

Bill

Status

Engrossed

3/5/2019

Primary Sponsor

Karl Rhoads

Click for details

Origin

Senate

2020 Regular Session

AI Summary

  • Clarifies legislative intent that the Hawaii Civil Rights Commission has jurisdiction over disability discrimination claims under HRS §368-1.5 even when federal Section 504 Rehabilitation Act protections apply.

  • Adds new subsection (d) to HRS §368-1.5 explicitly stating that "program or activity receiving state financial assistance" includes programs that also receive federal financial assistance.

  • Removes the word "solely" from HRS §368-1.5(a) to broaden the scope of disability discrimination protections under state law.

  • Excludes claims cognizable under the Individuals with Disabilities Education Act (IDEA) from the Hawaii Civil Rights Commission's jurisdiction to avoid duplication of services and appeals processes in public and charter schools.

  • Takes effect upon approval and responds to the Hawaii Supreme Court's 2017 decision in Hawaii Technology Academy v. L.E., which had limited the Commission's jurisdiction over disability discrimination claims.

Legislative Description

Relating To The Hawaii Civil Rights Commission.

Disability

Last Action

Carried over to 2020 Regular Session.

12/1/2019

Committee Referrals

Human Services & Homelessness3/7/2019
Labor, Culture and the Arts2/11/2019
Human Services1/24/2019

Full Bill Text

No bill text available