Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Education and Military Affairs, to which was referred S.B. No. 434 entitled:

begs leave to report as follows:

The purpose of this measure is to exempt the Department of Education from liability when a person employed by the department participates in parent teacher association activities, and to make that person personally liable for willful acts committed during those activities.

Testimony in opposition to the measure was submitted by the Hawaii State Teachers Association and Consumer Lawyers of Hawaii.

Your Committee finds that the Parent Teacher Association plays a critical role in assisting public schools function effectively by ensuring primary stakeholders in schools work together collaboratively. Through a variety of activities, the association supports the achievement of academic and financial goals of schools.

Although some concerns were raised, your Committee has approved this measure with amendments to continue the discussion of what the department should be liable for regarding parent teacher association activities. Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Education and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 434, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 434, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.