STAND. COM. REP. 604

Honolulu, Hawaii

, 2003

RE: H.B. No. 277

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 277 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose of the bill is to provide formal administrative hearings to provide specific sanctions by the family court for truancy.

A concerned individual testified in support of this bill. The Department of Education provided comments. The Office of the Public Defender and a concerned individual opposed the measure.

Your Committee finds that truancy is a problem that is currently addressed by administrative pre-court intervention programs and by family court sanctions. This measure is not intended to replace the administrative pre-court intervention programs that may at times appear slow to address truancy. This measure complements the available Department of Education pre-court remedies by providing for sanctions by an administrative officer. This bill also provides the family court with the new sanction of driver's license suspension.

Your Committee has amended this bill by:

(1) Limiting the possible administrative sanctions for persons responsible for a truant child to:

(a) Performing up to 50 hours of community service work at the child's school; and

(b) Attending appropriate classes and programs;

(2) Limiting the possible administrative sanctions for truant children to:

(a) Requiring up to 50 hours of detention; and

(b) Prohibiting up to 50 days of co-curricular activities;

(3) Allowing a truancy action to be brought in family court without first exhausting administrative remedies;

(4) Limiting the family court sanction of suspension of a truant's driver's license to 50 days; and

(5) Making technical, nonsubstantive changes for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 277, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 277, H.D. 1.

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

 

____________________________

ERIC G. HAMAKAWA, Chair