STAND. COM. REP. NO.  1724

 

Honolulu, Hawaii

                , 2021

 

RE:   S.C.R. No. 9

      S.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Education, to which was referred S.C.R. No. 9, S.D. 2, entitled:

 

"SENATE CONCURRENT RESOLUTION CONVENING A TASK FORCE TO ADDRESS IMPLEMENTATION OF HAWAII'S STATE LAW COROLLARY TO TITLE IX TO STRENGTHEN HAWAII'S EFFORTS TO END CAMPUS-BASED SEXUAL VIOLENCE AND GENDER DISCRIMINATION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to convene a task force to address implementation of Hawaii's state law corollary to Title IX to strengthen Hawaii's efforts to end campus-based sexual violence and gender discrimination.

 

     Your Committee received testimony in support of this measure from the Department of Education, Hawaii Civil Rights Commission, Planned Parenthood Alliance Advocates, Women's Caucus of the Democratic Party of Hawaii, American Association of University Women of Hawaii, Hawaii Women's Coalition, Democratic Party of Hawaii Education Caucus, Imua Alliance, The Every Voice Coalition, and four individuals.  Your Committee received testimony in support of the intent of this measure from the University of Hawaii System.


     Your Committee finds that, under the previous United States presidential administration, several changes were proposed to Title IX of the federal Education Amendments of 1972, which prohibits sex-based discrimination in any school that receives federal money.  These changes include reducing the number of complaints involving sexual harassment and other forms of sexual misconduct that currently fall within the purview of Title IX and limit the scope of educational institutions' liability for complaints of sexual harassment.

 

     Your Committee further finds that, in response to the intended policy changes to Title IX of the federal Education Amendments of 1972 by the previous United States presidential administration, the Legislature passed, and the Governor signed into law, Act 110, Session Laws of Hawaii 2018, which established a state law corollary to Title IX that prohibits sex-based discrimination in state-administered or state-funded educational programs or activities, including discrimination based on sexual orientation, gender identity, and gender expression.  Your Committee believes that the convening of a task force is needed to address any potential conflicts between Hawaii's state law corollary and any recent or future changes to the Title IX regulations to strengthen the State's efforts to end campus-based sexual violence and gender discrimination.

 

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 9, S.D. 2, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

 

 

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

 

 

 

 

____________________________

JUSTIN H. WOODSON, Chair