STAND. COM. REP. NO. 1546

Honolulu, Hawaii

RE:    H.B. No. 832

       H.D. 1

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred H.B. No. 832, H.D. 1, S.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 authorize public charter school students to attend a school outside each student's service area if the student has been notified of the prospect of charter revocation or closure of the student's charter school.

     For the purposes of a public hearing, your Committee circulated a proposed S.D. 2 (Proposed Draft) of the measure, and notified the public that your Committee would be accepting testimony on the Proposed Draft, which adds a provision authorizing the University Laboratory School to conform its student enrollment to standards established by the University of Hawaii College of Education.  The Proposed Draft would take effect upon its approval.

     Your Committee received written testimony in support of the Proposed Draft from University of Hawaii Laboratory School, the State Public Charter School Commission, and two individuals.

     Your Committee finds that Act 159, Session Laws of Hawaii 2013, enacted provisions prohibiting, among other things, public charter schools from limiting student admissions based upon race, color, ethnicity, national origin, religion, gender, sexual orientation, income level, disability, level of proficiency in the English language, need for special education services, or academic or athletic ability.  That Act, now codified, in part, as section 302D-34, Hawaii Revised Statutes, prohibits the University of Hawaii Laboratory School from using its historical, research-based admission policy of creating an inclusive student population reflective of Hawaii that is based upon gender, family income, ethnicity, school achievement, and other factors.  Your Committee believes that the limited exception created by this measure will allow the University of Hawaii Laboratory School to continue using its admission practice of providing a purposefully diverse population of students to conform to the educational research requirements of the University of Hawaii College of Education and better reflect legislative intent when significant changes were made to charter school laws over the last four years.

     Your Committee has amended this measure by adopting the Proposed Draft and further amending it by:

     (1)  Removing the provision that authorizes selected public charter school students to attend a school outside the student's service area; and

     (2)  Changing the effective date to July 1, 2015.

     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 H.B. No. 832, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 832, H.D. 1, S.D. 2.

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

________________________________

JILL N. TOKUDA, Chair