STAND. COM. REP. 76

Honolulu, Hawaii

, 2003

RE: H.B. No. 277

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.B. No. 277 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose of this bill is to deter and prevent truancy by establishing procedural guidelines and penalties for an absentee child and the mother, father, guardian, or other person having charge of the child. Specifically, this bill, among other things:

(1) Requires the child and the mother, father, guardian, or other person having charge of the child to be summoned to appear before an administrative officer and a family court judge; provided that a proper petition, citation, or complaint has been made;

(2) Establishes penalties including fines and community service requirements for the child, as well as the mother, father, guardian, or other person having charge of the child, when it has been proved that such person or persons had not used proper diligence in enforcing the child's school attendance; and

(3) Establishes penalties including detention, prohibition from co-curricular activity participation, driver's license suspension, and home detention or curfew using electronic monitoring for a child older than 11 years, when it has been proved that the child persisted in being absent from school.

Your Committee received testimony in support of the bill from two vice principals of Waianae High School. Your Committee received comments on the bill from the Department of Education.

Your Committee finds that truancy is a major impediment to student learning. However, your Committee notes that the penalties imposed by the bill may cause undue financial hardship on the parents or guardians of truant students, and could impose penalties harsher than those already available through filing of petitions for truancy and educational neglect. In spite of these reservations, however, your Committee feels that truancy remains an enduring problem that needs to be considered by the Committee on Judiciary in the broader context of all available and potential legal and administrative remedies.

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 H.B. No. 277 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Education,

 

____________________________

ROY M. TAKUMI, Chair