Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Education and Judiciary, to which was referred S.B. No. 823 entitled:

beg leave to report as follows:

The purpose of this measure is to limit liability of educational officers and teachers against any claims related to the Felix Consent Decree and for services for exceptional children.

Your Committees heard testimony in support of the measure from the Attorney General, and in opposition to the measure from the Department of Education.

Your Committees find that teachers and educational officers working with Felix class children and exceptional children are often at risk of being sued in their personal capacity for actions performed in the scope of their official duties. In fact, some such employees have already been named in such lawsuits and are forced to defend themselves at their own expense without representation by the Attorney General.

Furthermore, some teachers and educational officers may possibly be requesting more services for children under their supervision than are necessary, simply to protect themselves against the possibility of a lawsuit. This could be contributing to the very high cost of compliance with the consent decree.

Your Committees have amended the measure by adding language indemnifying employees against state claims, except in the case of wilful negligence. It should be noted, however, that this measure cannot provide for any immunity against federal claims.

As affirmed by the records of votes of the members of your Committees on Education and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 823, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 823, S.D. 1, and be referred to the Committee on Ways and Means.