STAND. COM. REP. NO. 2309

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2996
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred S.B. No. 2996 entitled: 

     "A BILL FOR AN ACT RELATING TO JUVENILES,"

begs leave to report as follows:

     The purpose of this measure is to allow limited
accessibility, of confidential Family court records relating to
juveniles, to school officials and persons involved in the
treatment and supervision of minors in the areas of child abuse
and law enforcement.

     In addition, the measure requires written notification from
a court to appropriate school officials when a minor has
committed any felony or misdemeanor involving curfew, gambling,
alcohol, drugs, tobacco products, carrying of weapons, a sexual
offense found in part V of chapter 707, Hawaii Revised Statutes,
assault or battery, larceny, vandalism, or graffiti.

     Testimony in support of the measure was received from the
Department of Education, Department of the Prosecuting Attorney
of the City and County of Honolulu, HSTA, and Kailua High School.
Testimony in opposition to the measure was received from the
ACLU-Hawaii.  Comments on the measure were received from the
Family Court of the First Circuit, Department of Human Services,
and Attorney General.

     Your Committee finds that public schools face the task of
balancing student educational needs with issues of school safety.

 
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However, there is a gap in information between the Judiciary and
public schools which hinders their efforts.

     Your Committee agrees that allowing limited access to court
records for serious criminal offenses would allow school
administrators to provide more appropriate services to
adjudicated students, who may require careful planning and close
supervision to help them transition into the school and to
succeed in their education.  This measure would also allow school
officials to provide appropriate school safety.

     The measure was amended as follows:

     (1)  Deleting all references to the district superintendent
          and designee so that only staff who need the
          information have access to it; and

     (2)  Placing the proposed additions under chapter 571,
          Hawaii Revised Statutes, which is the more appropriate
          chapter since it addresses all family court
          proceedings, including the child abuse proceedings
          under chapter 587.

     Technical, nonsubstantive amendments were made for clarity
and style.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2996, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2996,
S.D. 1, and be referred to the Committee on Judiciary.

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



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
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