STAND. COM. REP. NO. 183________

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 532
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Education, to which was referred H.B. No.
532 entitled: 

     "A BILL FOR AN ACT RELATING TO GENDER EQUITY IN SPORTS,"

begs leave to report as follows:

     The purpose of this bill is to establish a structure to
ensure gender equity in athletic activities offered by the public
schools.

     The Hawaii State Teachers Association and two individuals
submitted testimony in support of the bill.  The Department of
Education concurred with the intent of the bill.  In support of
the intent of the bill, the Commission on the Status of Women
raised the concern that the Civil Rights Commission does not have
jurisdiction to penalize Hawaii's public schools.  Also in
support of the intent of the bill, the Hawaii Civil Rights
Commission testified that it does not have statutory jurisdiction
to penalize public schools, nor is there a procedure for handling
complaints, compliance review, contested hearings, or judicial
review.

     Your Committee strongly believes the the public schools
should offer equal opportunities to all students.  Historically,
girls have not been as involved in athletics as boys.  However,
when given equal opportunities, girls are as interested in
participating in athletics as boys.  This bill seeks to ensure
that all students are provided equal opportunities to participate
in athletics, regardless of their gender.

 
 
                                 STAND. COM. REP. NO. 183________
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     The bill has been amended by:

     (1)  Specifying that the Superintendent of Education and the
          Advisory Commission on Gender Equity in Sports rather
          than the Civil Rights Commission shall define equity in
          athletics and determine whether equal opportunities are
          available;

     (2)  Changing the structure of the Advisory Commission on
          Gender Equity in Sports so that:  it is established
          within the Department of Education; its seven members
          are appointed by the Superintendent of Education; and
          it advises the Board of Education, the Superintendent
          of Education, and the Legislature;

     (3)  Specifying that the Superintendent of Education rather
          than the Board of Education shall develop and implement
          enforcement mechanisms;

     (4)  Deleting the requirement for the Civil Rights
          Commission to penalize a public school that is found
          not to be in compliance;

     (5)  Requiring the Superintendent of Education to submit
          annually a compliance report to the Advisory Commission
          on Gender Equity in Sports and the Legislature;

     (6)  Deleting the statement that any person who is aggrieved
          by a violation of the proposed new law has a right of
          action for such equitable relief as the court may
          determine; and

     (7)  Making technical, nonsubstantive revisions for purposes
          of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
532, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 532, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.


 
 
 
 
 
 
 
                                 STAND. COM. REP. NO. 183________
                                 Page 3

 
                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education,



                                   ______________________________
                                   KEN ITO, Chair