Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Education and Military Affairs and Health, to which was referred S.B. No. 3273 entitled:

beg leave to report as follows:

The purpose of this measure is to allow certified substance abuse counselors to provide assessments under the zero tolerance policy of the Department of Education.

This measure also defines "certified substance abuse counselor," provides insurance coverage for their services under in the zero tolerance policy law, and make permanent the amendments made to the zero tolerance policy law by Act 231, Session Laws of Hawaii 2005.

Your Committees received testimony in support of this measure from the Department of Education, Hina Mauka, Hawaii Substance Abuse Coalition, and one individual. Comments were received from the Drug Action Policy Group and Hawaii Medical Service Association.

Your Committees find that the primary duty of school officials and teachers is the education and training of our youth. The rapid increase in the number of disruptive students in our public schools has a detrimental effect on those students seeking a quality education. Without first establishing discipline and maintaining order, teachers cannot begin to educate our children. Your Committees believe that to ensure that schools remain safe and conducive to learning, the problem of student discipline that arises from substance abuse while on or off school campuses needs to be addressed.

The intent of your Committees is that the disciplinary procedures under the zero tolerance policy law be fair and consider the best interests of the student, particularly if the student is abusing alcohol or drugs.

Your Committees have amended this measure by:

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. 3273, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3273, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.