STAND. COM. REP. NO. 536-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1892

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1892 entitled:

"A BILL FOR AN ACT RELATING TO EDUCATION,"

begs leave to report as follows:

The purpose of this bill is to prohibit the exclusion or discrimination of students in public school athletics and educational or recreational programs on the basis of sexual orientation.

The Hawaii State Teachers Association, League of Women Voters of Hawaii, First Unitarian Church, PFLAG-Oahu, Civil Unions-Civil Rights Movement, and seven concerned citizens testified in support of this bill. The Hawaii Civil Rights Commission supported the intent of this measure and suggested amendments. The Department of Education opposed this bill.

Your Committee finds that discrimination against students in our public schools based on sexual orientation should not be tolerated. No student should be deprived of the benefits of any educational program, student activities and services, and extracurricular programs on the basis of race, sex, national origin, disability, sexual orientation, or religion. Moreover, students should be free from discriminatory harassment that interferes with their ability to participate in school programs.

Your Committee further finds that Article X, section 1 of the Constitution of the State of Hawaii prohibits discrimination in public educational institutions on the basis of race, religion, sex, or ancestry. However, statutory protection is also necessary for students who face discrimination based on national origin, disability, and sexual orientation. Your Committee further finds that the State's policy prohibiting discriminatory harassment in our public schools should be specifically stated in law, in the same manner that discriminatory harassment is prohibited in the employment setting in chapter 378, Hawaii Revised Statutes (HRS).

Your Committee has amended this bill by removing its contents and by:

(1) Inserting a nondiscrimination policy that prohibits discrimination against students on the basis of race, religion, ancestry, national origin, disability, sex, or sexual orientation in any educational or recreational program, extracurricular activity, student services, or any other program or activity in the public schools;

(2) Defining discrimination to include harassment and adding a definition for harassment;

(3) Defining sexual orientation consistent with the definition used in employment practices under chapter 378, HRS; and

(4) Clarifying that this nondiscrimination policy applies to students attending public schools, including new century chartered schools.

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. 1892, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1892, H.D. 1.

 

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

 

____________________________

ERIC G. HAMAKAWA, Chair