STAND

STAND. COM. REP. NO.1540

Honolulu, Hawaii

, 2003

RE: S.C.R. No. 184

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Education and Judiciary and Hawaiian Affairs, to which was referred S.C.R. No. 184 entitled:

"SENATE CONCURRENT RESOLUTION CONVENING A TASK FORCE TO STUDY DRUG TESTING IN SCHOOLS,"

beg leave to report as follows:

The purpose of this measure is to request the convening of an interim task force to study the issue of drug testing of public school students.

Testimony in support of this measure was submitted by the Department of Health, the Department of the Prosecuting Attorney for the City and County of Honolulu, and a private individual. Testimony in support of the intent of this measure was submitted by the Office of the Lt. Governor and the Department of Education. The American Civil Liberties Union of Hawaii, the Hawaii Youth Services Network, the Community Alliance on Prisons, and a parent of a public school student submitted testimony expressing concerns.

Your Committees find that a survey of student substance abuse published in 2000 indicated that at least 13.4 percent of students in grades six through twelve need treatment for substance abuse. Your Committees further find that school-based treatment services are presently provided in a few public middle schools and over fifty percent of the public high schools. However, while your Committees agree that preventing substance abuse among our youth is critical to ensuring that a personal problem does not become a community problem, methods for early identification of substance abusers are varied and provide only a partial response. Your Committees further note that while there is no clear consensus about the use of drug testing in schools, there is agreement that early identification must be partnered with appropriate treatment services for those students who are identified as needing assistance. Your Committees also request that to the extent practicable, neighbor island representation be provided, and with regard to substance abuse treatment issues involving adolescents, that the Kalihi YMCA or Hina Mauka, be consulted by or included on the task force.

Upon further consideration of the testimony provided, your Committee has amended this measure by:

(1) Deleting the WHEREAS clause identifying drug testing as a substance abused prevention strategy;

(2) Reducing the task force membership from four members of the Legislature, to two members, one each from the Senate and the House of Representatives;

(3) Adding the following representatives to the task force, the Superintendent of Education or designee, a student to be appointed by the Hawaii State Student Council, a provider of substance abuse treatment services for adolescents to be appointed by the Hawaii Substance Abuse Treatment Provider Coalition, the Attorney General or designee, and the Public Defender or designee;

(4) Adding three additional issues to be considered by the task force, including the effectiveness of juvenile drug court, the feasibility of parental options for their child to attend a school where all students are tested or no students are tested, and alternatives to drug testing of students that involve sites other than school campuses; and

(5) Authorizing the task force to request research support from the Legislative Reference Bureau on the various issues and legislation under consideration; and

(6) Adding the additional task force representatives to list of those who receive a certified copy of this measure.

As affirmed by the records of votes of the members of your Committees on Education and Judiciary and Hawaiian Affairs that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 184, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 184, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Education and Judiciary and Hawaiian Affairs,

____________________________ COLLEEN HANABUSA, Chair		____________________________ NORMAN SAKAMOTO, Chair