Honolulu, Hawaii



RE:    S.B. No. 2611

       S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii




     Your Committee on Ways and Means, to which was referred S.B. No. 2611 entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to promote compliance with statutes prohibiting or limiting the use of various forms of punishment and restraints in public schools.


     Specifically, this measure:


(1)  Requires the Department of Education to submit a report on the progress toward implementing sections 302A-1141 (prohibiting physical punishment), 302A-1141.3 (prohibiting the use of seclusion, chemical restraints, and mechanical restraints), and 302A-1141.4 (limiting the use of physical restraints and establishing related department requirements), Hawaii Revised Statutes; and


(2)  Appropriates $460,000 to provide training and data accountability to assist with the effective implementation of sections 302A-1141, 302A-1141.3, and 302A-1141.4, Hawaii Revised Statutes, and requires a report on the expenditure of those funds.


     Your Committee received written comments in support of this measure from the Department of Education and the State Council on Developmental Disabilities.


     Your Committee finds that in 2014, the Legislature established various prohibitions, restrictions, and guidelines regarding restraint and seclusion, including annual training and data collection, now codified as sections 302A-1141, 302A-1141.3, and 302A-1141.4, Hawaii Revised Statutes.  However, the Department of Education lacks sufficient funds to comply with the annual training and data collection requirements.  Your Committee further finds that the funds appropriated by this measure will assist the department in providing the annual training to personnel and providing data accountability to comply with statutory mandates.


     Your Committee has amended this measure by:


(1)  Changing the amount appropriated from $460,000 to an unspecified amount; and


(2)  Changing the effective date to July 1, 2050, to facilitate further discussion on the measure.


     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 S.B. No. 2611, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2611, S.D. 1.


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