Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 384, H.D. 1, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that the use of force upon another person is justified when the actor is a principal or principal's agent, when necessary, during school events or at a departmentally supervised function on or off school property.

Your Committee received written testimony in support of the measure from the Board of Education (BOE) and Honolulu Police Department.

Current law allows the use of force by teachers, or other persons entrusted with the care or supervision for a special purpose of a minor, if the teacher or person believes the force used is necessary to further the special purpose, including maintenance of reasonable discipline. This measure adds principals and principals' agents who would be justified in using force.

Your Committee finds it necessary that school personnel be authorized to take reasonable, appropriate, and expeditious action when confronted with potentially dangerous situations or serious disciplinary situations, both on campus and at authorized school functions off-campus. School officials must be allowed to take immediate action to preserve order and discipline without having to wait for the police to arrive.

Your Committee notes the testimony of the BOE that it is discussing the adoption of a policy pertaining to the use of force. Your Committee believes that the BOE should commit the policy to writing in the form of administrative rules, using this measure as statutory authority for adoption of the rules.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 384, H.D. 1, S.D. 1, and recommends that it pass Third Reading.