STAND. COM. REP. NO. 2016

Honolulu, Hawaii

RE:    S.B. No. 2005

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committees on Education and Human Services and Public Housing, to which was referred S.B. No. 2005 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION FOR FOSTER CHILDREN,"

beg leave to report as follows:

     The purpose of this measure is to establish rules for the provision of transportation services and school placement decisions for foster children.

     Testimony in support of this measure was submitted by the Department of Human Services, the Department of Education, the Special Education Advisory Council, the Legal Aid Society of Hawaii, the Hawaii Foster Youth Coalition, and the Community Children's Council Office.

     Your Committees find that children placed in foster care often experience not only psychological and emotional trauma, but also additional problems due to their displacement from their families, friends, and schools.  Your Committees further find that to the extent that greater stability can be provided in the lives of foster children, they will reap great benefits in their homes and in their schools.  This measure provides that, whenever possible, a foster child continue enrollment in the foster child's current school, even when the foster child is moved into a different foster placement; provided that such decision is based upon what is in the foster child's best interest.

     Upon further consideration and review of the testimony provided, your Committees are mindful that decisions for school placement of a foster child should not be left solely to the discretion of the Department of Education, but should involve input from the foster child's social worker, guardian ad litem, and the family court, as applicable and as appropriate. 

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying the definition of "foster child" to mean a child placed in foster care or permanent custody of the Department of Human Services pursuant to chapter 587, Hawaii Revised Statutes;

     (2)  Clarifying the definition of "school of origin" to mean the school the foster child attended when the foster child was removed and placed into foster custody or permanent custody of the Department of Human Services pursuant to chapter 587, Hawaii Revised Statutes;

     (3)  Requiring the Department of Education to make school placement decisions for foster children in consultation with the Department of Human Services, a foster child's guardian ad litem, and the family court, as appropriate;

     (4)  Clarifying that the foster child shall receive transportation services between the foster home and school; and

     (5)  Making technical, nonsubstantive amendments for purposes of clarity and style.

     As affirmed by the records of votes of the members of your Committees on Education and Human Services and Public Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2005, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2005, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Education and Human Services and Public Housing,

____________________________ SUZANNE CHUN OAKLAND, Chair

____________________________ NORMAN SAKAMOTO, Chair