STAND. COM. REP. NO. 1139

Honolulu, Hawaii

RE: H.B. No. 1045

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Education, to which was referred H.B. No. 1045, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require a minor student's parent or legal guardian, rather than the student, to produce the required student records when transferring schools;

(2) Clarify that emancipated minors may produce the required student records when transferring schools;

(3) Clarify that the transfer process is the same whether a transfer is within the same complex area or to another complex area; and

(4) Exempt students eligible for assistance provided under the federal McKinney-Vento Homeless Assistance Act of 1987 from producing required student records when transferring schools.

Your Committee received testimony in support of this measure from the Department of Education.

Your Committee finds that existing law requires a student transferring to another school to produce a certificate of release from the last school attended. However, as minors do not have legal capacity independent of their parents, except for emancipated minors or minors under the McKinney-Vento Homeless Assistance Act of 1987, the parent or legal guardian is the most appropriate person to provide a certificate of release for a minor student. This measure clarifies Department of Education policies regarding required student records to streamline processes for transfer students.

Your Committee has amended this measure by:

(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(2) 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 is in accord with the intent and purpose of H.B. No. 1045, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1045, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

MICHELLE N. KIDANI, Chair