Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2084, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to limit the liability of educational officers, teachers, and classified personnel who provide services to exceptional children and members of the plaintiff class under the Felix consent decree.

In addition, this measure provides that suits against educational officers, teachers, or classified personnel may only be brought against the Departments of Education and Health, except for suits claiming gross negligence.

Your Committee finds that while educational officers, teachers, and classified personnel provide valuable and needed services for Hawaii's exceptional children, many find themselves vulnerable to personal legal actions for doing their job. As a result, your Committee finds that current and potential educational officers, teachers, and classified personnel may decide not to expose themselves to possible personal legal liability and forego a career in special education.

This measure limits their liability and allows educational officers, teachers, and classified personnel to help Hawaii's exceptional children without fear of legal action.

Upon further consideration, your Committee has amended this measure by making technical nonsubstantive changes for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2084, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2084, S.D. 2.