STAND. COM. REP. NO. 145-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2258

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Lower & Higher Education, to which was referred H.B. No. 2258 entitled:

"A BILL FOR AN ACT RELATING TO EARLY CHILDHOOD EDUCATION,"

begs leave to report as follows:

The purpose of this measure is to prohibit the expulsion and establish limitations for the suspension of children participating in the Executive Office on Early Learning Public Prekindergarten Program.

Your Committee received testimony in support of this measure from the Executive Office on Early Learning, Hawaii State Teachers Association, and one individual. Your Committee received comments on this measure from the Early Learning Board.

Your Committee finds that ever year, as many as 8,710 three- and four-year olds across the nation may be expelled from or pushed out of state-funded preschool or prekindergarten classrooms. Data from the federal Department of Education Office of Civil Rights indicates a significant percentage of these children are also suspended more than once, removing the opportunity to participate in high-quality early learning. Well-established research indicates that school suspension and expulsion practices are associated with adverse educational and life outcomes, potentially leading to suspension and expulsion later in school. This measure ensures that the youngest children in the State have access to the appropriate educational opportunities and prevent adverse educational and life outcomes resulting from suspension and expulsion early in the child's life.

Your Committee has amended this measure by:

(1) Requiring that all processes involved in the implementation of the Executive Office on Early Learning Public Prekindergarten Program related to students with special needs shall comply with federal law;

(2) Clarifying that the use of a temporary suspension of a child when there is a serious safety threat shall be determined by the administrator of the school;

(3) Clarifying that the permanent removal of a child from the Executive Office on Early Learning Public Prekindergarten Program due to the child's behavior is prohibited; and that when a child exhibits persistent and serious challenging behaviors, the administrator of the school shall consult with the Executive Office on Early Learning to address the behaviors;

(4) Requiring the Executive Office on Early Learning to implement chapter 8-19, Hawaii Administrative Rules, the Department of Education's rules on student misconduct, until the Office develops and adopts rules to carry out provisions on suspension and permanent removal of children participating in the Executive Office on Early Learning Public Prekindergarten Program as provided in this measure;

(5) Inserting a preamble;

(6) Changing its effective date to July 1, 2050; and

(7) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Lower & Higher Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2258, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2258, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Lower & Higher Education,

____________________________

JUSTIN H. WOODSON, Chair