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 S.B. No. 11 entitled:

begs leave to report as follows:

The purpose of this bill is to exempt temporary public school facilities from state or county laws that exceed the requirements of the federal Americans With Disabilities Act (ADA).

The Department of Education (DOE) submitted testimony in support of the intent of this bill. The Hawaii State Teachers Association submitted comments on this bill.

Your Committee finds that requiring structures and trailers erected or installed as temporary school buildings to be hurricane-resistant or otherwise exceed ADA requirements significantly reduces the cost savings achieved through their use. However, many of these structures often end up serving as de facto permanent structures due to extended fiscal constraints. As they consider the comprehensive needs of public schools, DOE and the Department of Accounting and General Services should consider the effect that working and attending school in such temporary structures has on staff morale, student achievement, and public safety.

Your Committee defers to the Committee on Judiciary regarding the specific legal issues related to compliance with ADA, Hawaii Disability and Communication Access Board guidelines and rules, and state and county building requirements.

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. 11, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.