STAND. COM. REP. NO. 3814

Honolulu, Hawaii

RE: H.C.R. No. 198

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.C.R. No. 198 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THAT THE HAWAII STATE DEPARTMENT OF EDUCATION REPORT TO THE LEGISLATURE ON ITS COMPLIANCE WITH THE PATSY MINK EQUAL OPPORTUNITY IN EDUCATION ACT AND THE RESOLUTION AGREEMENT BETWEEN THE HAWAII STATE DEPARTMENT OF EDUCATION AND THE UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS DATED DECEMBER 20, 2017,"

begs leave to report as follows:

The purpose and intent of this measure is to request that the Hawaii State Department of Education report to the Legislature on its compliance with the Patsy Mink Equal Opportunity in Education Act and the resolution agreement between the Hawaii State Department of Education and United States Department of Education Office for Civil Rights dated December 20, 2017.

Your Committee received testimony in support of this measure from the Department of Education, Hawai‘i State Commission on the Status of Women, O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i, American Civil Liberties Union of Hawai‘i, Domestic Violence Action Center, YWCA O‘ahu, Planned Parenthood Votes Northwest and Hawai‘i, LGBT Caucus of the Democratic Party of Hawai‘i, and two individuals.

Your Committee finds that according to the United States Department of Education Office for Civil Rights, which is responsible for enforcing Title IX, the Hawaii State Department of Education is out of compliance with Title IX. Specifically, the Hawaii State Department of Education was in violation of certain Title IX requirements related to designating and providing notice of a coordinator to carry out Title IX responsibilities, developing and disseminating a notice of nondiscrimination, and providing appropriate grievance procedures to address complaints. As a result, the Hawaii State Department of Education agreed to take multiple steps and actions to come into compliance with Title IX, including committing to various reporting requirements to the United States Department of Education Office for Civil Rights.

Your Committee further finds that participation in after-school sports enhances girls' leadership skills and boosts their success in academic and collegiate achievement, making them more likely to graduate from high school and score higher on standardized tests. However, many girls throughout the State participate in public school sports using inferior sports facilities and without adequate drinking water or restrooms nearby. Therefore, it is essential that the Hawaii State Department of Education uphold the mandates required by Title IX to provide equal access to the benefits of any education program or activity that receives Federal financial assistance.

This measure seeks to ensure the Legislature is kept up to date with the Department of Education's compliance efforts with regard to Title IX.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 198, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 198, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Education,

________________________________

MICHELLE N. KIDANI, Chair