STAND. COM. REP. NO. 955

Honolulu, Hawaii

, 2005

RE: S.B. No. 1816

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1816, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO STUDENT SUBSTANCE ABUSE ASSESSMENT REFERRALS,"

begs leave to report as follows:

The purpose of this measure is to clarify the law that governs referral for substance abuse assessment and treatment of students who violated the zero tolerance policy for drugs and alcohol in public schools established by section 302A-1134.6, Hawaii Revised Statutes.

This measure also makes an appropriation to the Department of Education for referrals for substance abuse assessment to be completed by certified substance abuse treatment counselors.

Your Committee finds that substance abuse treatment is successful in reducing arrests, hospitalization, and emergency room visits. It is, therefore, good public policy to ensure students who meet the criteria for substance abuse treatment services receive it. Removing students from school only serves to place them in an unsupervised environment where they may encounter risky situations.

Your Committee finds that the Department of Education does not have the mechanisms, resources, or staff in place to adhere to the requirements of Act 44, Session Laws of Hawaii 2004. Furthermore, there is a shortage of certified substance abuse counselors who can complete the required assessment. Consequently, students waiting to be assessed or for treatment are placed in alternative learning centers which are currently filled. While parents are making good faith efforts to seek assessment and treatment for their children, they are usually turned away for lack of funding and personnel.

Your Committee has amended this measure by:

(1) Delaying the effective date of the amendments to section 302A-1134.6, Hawaii Revised Statutes, to July 1, 2006;

(2) Establishing an advisory task force in the Department of Education to study the process by which students are referred for substance abuse assessment and treatment and requiring the task force to report back to the Legislature prior to the 2006 regular session regarding the need, if any, for amendments to the law and additional resources;

(3) Changing the effective date of the measure to July 1, 2050, to permit further discussion of the issues raised; and

(4) Making technical nonsubstantive amendments for the purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1816, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1816, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair