CONFERENCE COMMITTEE REP. NO. 92

Honolulu, Hawaii

                 , 2011

RE:    H.B. No. 688

       H.D. 2

       S.D. 2

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 688, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to create a safe and civil learning environment for all students in public schools by, among other things, requiring the Board of Education (BOE) to:

     (1)  Monitor the Department of Education (DOE) for compliance with administrative rules or statutes governing bullying, cyberbullying, and harassment; and

     (2)  Establish reporting requirements by which DOE can report on its compliance to BOE.

     Your Committee on Conference notes that while this bill is specifically tailored to address bullying within the public school system, the issue is pervasive throughout society as a whole and it is incumbent on the Legislature to consider the subject within that context.  It is your Committee on Conference's intent to take up the subject with a more universal emphasis during the interim, including consideration of broader offenses and specific consequences and penalties for those who engage this type of negative behavior.

     Your Committee on Conference has amended this bill by:

     (1)  Removing definitions for "bullying", "cyberbullying", and "harassment";

     (2)  Specifying that "bullying", "cyberbullying", and "harassment", as used in the bill, will have the same meaning as in any Department of Education administrative rules or statutes governing bullying, cyberbullying, and harassment;

     (3)  Changing its effective date to July 1, 2011; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 688, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 688, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ JILL TOKUDA, Chair	____________________________ ROY TAKUMI, Co-Chair
____________________________ CLAYTON HEE, Co-Chair	____________________________ BLAKE K. OSHIRO, Co-Chair
____________________________ MICHELLE KIDANI, Co-Chair	____________________________ MARILYN B. LEE, Co-Chair