STAND. COM. REP. NO. 3371

Honolulu, Hawaii

RE: H.B. No. 1775

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Education and Higher Education, to which was referred H.B. No. 1775, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CIVIL RIGHTS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Clarify the application of chapter 368D, Hawaii Revised Statutes, and set forth requirements with which entities that have state education programs or activities, or that receive state funding for educational programs or activities, must comply;

(2) Require annual reporting to the Legislature on the number and types of Title IX cases received by the University of Hawaii, Department of Education, and public charter schools, and other relevant information;

(3) Establish two full-time equivalent (2.0 FTE) senior advisor positions and one full-time equivalent (1.0 FTE) junior advisor position for the University of Hawaii System to carry out the purposes of this Act; and

(4) Appropriate funds to the Department of Education and public charter schools to carry out the purposes of this Act.

Your Committees received testimony in support of this measure from the Department of Education, State Public Charter School Commission, University of Hawai‘i System, Hawai‘i Civil Rights Commission, American Association of University Women of Hawaii, Hawaii Women's Coalition, Children's Action Network Speaks!, Americans for Democratic Action Hawai‘i; Rainbow Family 808, The Every Voice Coalition, Planned Parenthood Alliance Advocates-Hawai‘i, Hawai‘i State Democratic Women's Caucus, Stonewall Caucus of the Democratic Party of Hawaii, and sixteen individuals. Your Committees received testimony in opposition to this measure from one individual. Your Committees received comments on this measure from the Department of the Attorney General, Department of Budget and Finance, and one individual.

Your Committees find that combating discrimination on the basis of sex, including gender identity or expression, or sexual orientation, is an ongoing matter of statewide concern. Your Committees further find that, as noted in testimony, the Patsy Takemoto Mink Equal Opportunity in Education Act, otherwise known as Title IX of the Education Amendments of 1972, sets the floor or baseline with respect to anti-discrimination legislation. Your Committees note, however, that shifting federal interpretations, rules, guidance, and executive actions highlight the need for stronger state protections. Accordingly, this measure will promote the fair and equitable treatment of all residents of the State by strengthening the State's Title IX corollary.

Your Committees have amended this measure by:

(1) Defining the term "educational program or activity" under section 2; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Education and Higher Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1775, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1775, H.D. 2, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Education and Higher Education,

________________________________ DONNA MERCADO KIM, Chair

________________________________ MICHELLE N. KIDANI, Chair