STAND. COM. REP. NO. 3725

Honolulu, Hawaii

RE: H.B. No. 2400

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2400, H.D. 2, 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:

(1) Require a teacher to surrender their teaching license if the teacher resigns or retires during the pendency of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student; and

(2) Require the surrender of the teacher's license to be reported to the National Association of State Directors of Teacher Education and Certification.

Your Committee received testimony in support of this measure from the Department of Education, Hawaiʻi Teacher Standards Board, and one individual.

Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that some teachers facing serious allegations, such as sexual assault or harassment of a student, exploit the existing system by resigning or retiring before they can be formally terminated after a completed investigation. Your Committee believes that it is imperative to address this critical issue within the State's education system. This measure will ensure that teachers who have resigned or retired in lieu of termination during the pendency of the investigation do not retain their teaching license.

Your Committee has amended this measure by:

(1) Clarifying that teachers are required to forfeit, rather than surrender, their teaching license if the teacher resigns or retires during the pendency of any investigation into allegations of sexual assault, sexual harassment, or other physical abuse of a student;

(2) Clarifying that the forfeiture of the teacher's license, rather than surrender of the license, must be reported to the National Association of State Directors of Teacher Education and Certification;

(3) Amending section 1 to reflect its amended purpose; and

(4) Making it effective upon its approval.

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. 2400, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2400, H.D. 2, S.D. 2.

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

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KARL RHOADS, Chair