STAND. COM. REP. NO. 3285

Honolulu, Hawaii

RE: S.B. No. 591

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 591 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SCHOOLS,"

beg leave to report as follows:

The purpose and intent of this measure is to increase the amount of damages allowed for public school restitution agreements from $3,500 to $10,000.

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

Your Committees find that existing law allows for restitution agreements regarding student caused vandalism when the student and parents agree with the findings of the principle's investigation and the manner in which restitution is to be made. Restitution agreements must be in writing and only for damages that do not exceed the statutory cap, which this measure will increase from $3,500 to $10,000. Once the restitution agreement is made, then no information about the investigation, conference, and the actions taken shall be communicated to any person not directly involved in the proceedings.

Your Committees raise concerns that restricting any communication of information regarding instances of vandalism that result in substantial damages may be problematic and, therefore, encourages discussion as to whether the Board of Education or Attorney General should receive information in appropriate cases, as this measure proceeds.

Your Committees have amended this measure by inserting an effective date of June 18, 2050, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 591, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 591, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair