Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Education, to which was referred S.B. No. 535, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this bill, as received, is to mitigate the risks of lawsuits and the potential for job performance liability by requiring the Department of Education (DOE) to adopt a risk management and related programs for school administrators, teachers, and other school personnel.

The DOE testified in support of this bill.

Your Committee has amended this bill by deleting its entire contents and inserting provisions that clarify that the after-school and weekend programs for children are not "education." This clarification is necessary to prevent the State's A-Plus programs from being sued for issues related to the Felix v. Cayetano consent decree.

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 S.B. No. 535, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 535, S.D. 2, H.D. 1, and be referred to the Committee on Finance.