Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Education and Military Affairs and Health, to which was referred S.B. No. 1816 entitled:

beg leave to report as follows:

The purpose of this measure is to clarify the law on substance assessment referrals and make an appropriation to the Department of Education for referrals to be completed by certified substance abuse treatment counselors.

Testimony in support of the measure was submitted by the Lieutenant Governor and an individual. The Department of Education submitted testimony in opposition to the measure. The Drug Policy Action Group submitted comments.

Your Committees find that substance abuse treatment is successful in reducing arrests, hospitalization, and emergency room visits and that it is prudent to ensure students who meet the criteria for needing substance abuse treatment receive it. Removing students from school only serves to place them in an unsupervised environment where they may encounter risky situations. However, this measure assumes a zero tolerance substance abuse policy in school where students are removed from school while being referred for a substance abuse assessment.

The Department of Education raised strong concerns regarding its difficulties in implementing provisions in Act 44, Session Laws of Hawaii 2004. Currently, the department does not have the mechanisms, resources, or staff in place to adhere to the requirements of the law. The provisions regarding assessment and treatment are well intended, but the structures and mechanisms that the law requires do not exist in the Department of Education and Department of Health.

Furthermore, there is a shortage of certified substance abuse counselors who can complete the required assessment. Consequently, students waiting to be assessed or for treatment are placed in alternative learning centers which are currently filled.

While parents are making good faith efforts to seek assessment and treatment, they are usually turned away for lack of funding and personnel.

The proposed changes in this measure contradict recent research regarding the efficacy of zero tolerance approaches. Moreover, the Joint Task Force on Ice and Drug Abatement recommended that the zero tolerance policies be amended to require treatment before student disciplinary action.

Upon further consideration, your Committees have amended this measure:

As affirmed by the records of votes of the members of your Committees on Education and Military Affairs and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1816, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1816, S.D. 1, and be referred to the Committee on Ways and Means.