Bill Text: HI HB1559 | 2012 | Regular Session | Amended
Bill Title: Bullying; Cyberbullying; Education; Disciplinary Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-15 - (H) Re-referred to EDN, JUD, referral sheet 29 [HB1559 Detail]
Download: Hawaii-2012-HB1559-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1559 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Section 1. The purpose of this Act is to give schools authority to suspend or expel students for bullying fellow students over the Internet, in text-messaging, or by other electronic means.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§302A- Cyberbullying; disciplinary action. (a) A student may be suspended or expelled for any act of cyberbullying that is related to school activity or school attendance that occurs at any time, at or on the way to or from any elementary or secondary school, or through the use of school property, including any of the following:
(1) During the lunch period whether on or off campus;
(2) During, while going to, or coming from, a school sponsored activity; or
(3) On school computers, networks, forums, and mailing lists.
(b) A student may be suspended from school if the superintendent or the principal of the school in which the student is enrolled determines that the student has engaged in an act of cyberbullying.
(c) Notwithstanding subsection (b), the superintendent or principal of the school in which the student is enrolled may use discretion in providing alternatives to suspension or expulsion, including:
(1) A counseling or anger management program for a student subject to discipline under this section; and
(2) Performing community service on school grounds in the areas of outdoor beautification or community or campus improvement, and participation in teacher, peer, or youth assistance programs.
(d) The department of education shall adopt administrative rules, pursuant to chapter 91, regarding disciplinary actions and alternative disciplinary methods to address cyberbullying.
(e) For purposes of this section:
"Bullying" means an act or conduct by one or more students that:
(1) Places a reasonable student or students in fear of harm to that student's or those students' person or property;
(2) Causes a reasonable student to experience a substantially detrimental effect on the student's physical or mental health;
(3) Causes a reasonable student to experience substantial interference with the student's academic performance; or
(4) Causes a reasonable student to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.
"Cyberbullying" means bullying through an electronically transmitted act.
"Electronically transmitted act" means the transmission of a communication, including a message, text, sound, or image, or a post on a social network Internet web site, by means of an electronic device, including a telephone, wireless telephone or other wireless communication device, computer, or pager.
"Reasonable student" means a student, including an exceptional child, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with exceptional needs.
"School property" includes electronic files and databases under the control or ownership of the department of education."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Bullying; Cyberbullying; Education; Disciplinary Action
Description:
Authorizes the Superintendent of Education and principals to suspend or expel students who engage in cyberbullying. (HB1559 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
