Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2056, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to designate the Auditor as an authorized representative of the Department of Education and Department of Health for purposes of accessing student records.

Testimony in support of this measure was submitted by the Auditor. Your Committee received testimony in opposition to the measure from the Department of the Attorney General, Department of Education, Department of Health, and Hawaii State Teachers Association.

Your Committee finds that there is an issue of confidentiality preventing the Auditor from conducting a thorough review of concerns surrounding the provision of mental health services to Felix class students. This measure would facilitate the Auditor's work with the Joint Senate-House Investigative Committee to investigate the State's compliance with the Felix consent decree and related matters, which may continue for some time to come. Your Committee believes that this measure is necessary and will address the confidentiality issues that currently impede the Auditor's review.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2056, S.D. 1, and recommends that it pass Third Reading.