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HI HB1101
Bill
Status
1/27/2021
Primary Sponsor
Lisa Kitagawa
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AI Summary
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Clarifies that the Hawaii Civil Rights Commission has jurisdiction over disability discrimination claims in programs and activities receiving state financial assistance, even when federal protections under Section 504 of the Rehabilitation Act are also available.
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Removes the word "solely" from Section 368-1.5(a) to expand the scope of disability discrimination protections beyond strict Section 504 compliance.
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Expands the definition of "program or activity receiving state financial assistance" to explicitly include programs that receive both federal and state financial assistance.
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Adds explicit language to Section 368D-1 prohibiting discrimination against students with disabilities in state educational programs and activities, and allows students with disabilities to file complaints with the Hawaii Civil Rights Commission.
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Takes effect upon approval and addresses the Hawaii Supreme Court's 2017 decision in Hawaii Tech. Acad. V. L.E. by establishing the legislature's intent to provide state-level disability discrimination remedies.
Legislative Description
Relating To The Hawaii Civil Rights Commission.
Disability
Last Action
Referred to LAT, JHA, FIN, referral sheet 3
2/1/2021