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 S.B. No. 535 entitled:

begs leave to report as follows:

The purpose of this measure is to require the Department of Education to establish risk management and related programs for school administrators, teachers, and other school personnel to mitigate the potential for liability in the performance of their jobs.

The establishment of federal programs, special education, compliance with the Felix Consent Decree and Americans With Disabilities Act, issues relating to the security of school facilities, maintenance of student discipline, and students possessing dangerous weapons or under the influence of illicit drugs all create conditions that could possibly place school staff at risk of being sued.

The establishment of risk management programs will assist administrators, teachers, and other school personnel in dealing with these situations and mitigate the risk of lawsuits and liability.

Your Committee has amended this measure by inserting an appropriation for the Department of Education to implement the requirements of this measure, and making technical, nonsubstantive amendments for proper drafting.

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 S.B. No. 535, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as S.B. No. 535, S.D. 1