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. 823, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to provide immunity for educational officers and teachers who provide services to exceptional children in the Felix consent decree plaintiff class (Felix class), except where their behavior is willfully negligent.

The Hawaii Government Employees Association submitted testimony in support of this bill. The Department of Education submitted testimony in support of the intent of this bill.

Your Committee finds that teachers and educational officers are being sued in their individual capacities for the services they have provided for Felix class students. The work these individuals do is extraordinarily difficult, and they should not have to fear that they will be sued for making a good faith effort to perform their job. Except when they act in a willfully negligent manner, your Committee finds that it is appropriate to immunize these teachers and educational officers from court actions. This bill will allow these individuals to perform their jobs without the constant fear that they will be held personally liable for their actions on the job.

Upon further consideration, your Committee has amended this bill by requiring the Department of Education to adopt rules to establish risk-management and related programs for school administrators, teachers, and other school personnel to mitigate the risk of lawsuits and potential for liability in the performance of their jobs.

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. 823, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 823, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.