STAND. COM. REP. NO. 1268

Honolulu, Hawaii

, 2005

RE: S.B. No. 1816

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1816, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO STUDENT SUBSTANCE ABUSE ASSESSMENT REFERRALS,"

begs leave to report as follows:

The purpose of this bill is to clarify the law regarding student referrals for substance abuse assessment and treatment by, among other things:

(1) Providing that a student must be assessed by a certified substance abuse treatment counselor or professional qualified pursuant to chapter 431M, Hawaii Revised Statutes (HRS), prior to being excluded from school for a substance abuse violation;

(2) Repealing provisions in section 302A-1134.6, HRS, prohibiting:

(A) Exclusions from school and deferral of all disciplinary action during the pendency of the student's substance abuse treatment; and

(B) Expungement of all records of disciplinary action relating to the substance abuse offense upon completion of treatment;

(3) Specifying that follow-up counseling and other student services must be provided to a child who has been assessed for a school substance abuse violation as not needing treatment for substance abuse or dependency;

(4) Establishing a task force to review the process by which a child who violates the zero tolerance policy for drugs and alcohol in public schools is referred for assessment and treatment of substance abuse and excluded from school; and

(5) Appropriating $400,000 for fiscal year 2005-2006, for student assessments by certified substance abuse treatment counselors or professionals qualified pursuant to chapter 431M, HRS.

The Department of Health (DOH) supported the intent of this bill. The American Civil Liberties Union, Drug Policy Action Group, and a concerned individual opposed this measure. The Department of Education (DOE) offered comments.

Your Committee has amended this bill by:

(1) Replacing DOE with DOH as the entity administering the task force and as the expending agency for the appropriation made for student substance abuse assessments;

(2) Amending the membership of the task force as follows:

(A) Replacing the Director of Health or the Director's designee with two members representing the Director of Health and the administrator of the Alcohol and Drug Abuse Division of DOH;

(B) Specifying that three members of the substance abuse treatment provider community, representing health care professionals involved in the assessment of children for substance abuse or dependence, shall be jointly appointed to the task force by the Speaker of the House of Representatives and President of the Senate;

(3) Removing the requirement that the task force consist of at least one member from each county; and

(4) Providing that the task force must review applicable federal laws along with the amendments made by this measure to the zero tolerance policy for schools under section 302A-1134.6, HRS.

Technical, nonsubstantive amendments were also made for clarity, consistency, and style

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1816, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1816, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

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

 

____________________________

SYLVIA LUKE, Chair