Bill Text: HI HB2141 | 2012 | Regular Session | Introduced
Bill Title: Education; Bullying; Safe Schools Act; Cyberbullying; Harassment
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2012-01-20 - (H) Referred to EDN, JUD, FIN, referral sheet 5 [HB2141 Detail]
Download: Hawaii-2012-HB2141-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2141 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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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. This Act shall be known as the Safe Schools Act.
SECTION 2. The legislature finds that all students have the right to participate fully in the educational process, free from bullying, cyberbullying, and harassment. A safe and civil environment in school is necessary for students to learn and to meet high academic standards. Bullying, cyberbullying, and harassment, like other disruptive or violent behaviors, are forms of conduct that disrupt a student's ability to learn and a school's ability to educate its students in a safe environment. The legislature finds that because students learn by example, school administrators, faculty, staff, parents, guardians, and volunteers should be expected to demonstrate appropriate behavior, treat others with civility and respect, and refuse to tolerate bullying and harassment.
The purpose of this Act is to require the department of education, local school boards of public charter schools, and private schools to establish, maintain, monitor, and enforce all policies and procedures related to all forms of bullying and harassment to protect students.
SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§302A‑ Bullying, cyberbullying, and harassment; departmental responsibilities. (a) This section shall apply to conduct or communication occurring on all public elementary and secondary school premises, at any public school-sponsored functions or activities, and on public school-sponsored transportation. This section also applies to electronic technology usage and electronic communications that occur on all public elementary and secondary school premises, at any public school-sponsored functions or activities, on public school-sponsored transportation, and on public school computers, networks, forums, mailing lists, and school-issued user accounts.
(b) The department shall maintain and monitor anti-bullying, anti-cyberbullying, and anti-harassment policies that:
(1) Are applicable to grades pre-kindergarten through twelve; and
(2) Contain definitions of bullying, cyberbullying, and harassment, as defined in section 302A‑101.
(c) The department shall maintain and enforce appropriate procedures that incorporate:
(1) Implementation of a statewide comprehensive school climate change approach in bullying, cyberbullying, and harassment prevention at each grade level and reporting to the legislature on the progress of this approach at the end of each school year. A comprehensive climate change approach requires:
(A) Schools to establish a committee to meet monthly to develop clear rules regarding bullying, cyberbullying, and harassment of any kind and identify training, curriculum, school-level awareness activities, and data collection needs; provided that the committee shall include school personnel and community members;
(B) Schools to post and enforce bullying, cyberbullying, and harassment rules and hold regular classroom meetings to discuss bullying, cyberbullying, and harassment issues and appropriate responses;
(C) Schools to hold regular classroom meetings to discuss bullying, cyberbullying, and harassment and appropriate responses to bullying, cyberbullying, and harassment;
(D) All school personnel to be able to intervene immediately when any type of bullying, cyberbullying, or harassment occurs;
(E) Schools to develop intervention plans, including holding meetings with students who are targets of bullying, cyberbullying, and harassment, and their parents;
(F) All school personnel to send the same message of building peaceful and respectful relationships and to work to stop bullying, cyberbullying, and harassment of any kind through school initiatives and their daily interactions with students;
(G) Teachers to integrate bullying, cyberbullying, and harassment prevention materials into curriculum, including defining bullying, cyberbullying, and harassment, building communication and conflict resolution skills, developing empathy and self-awareness, and nurturing ethical behavior based on values such as aloha, pono, and lokahi;
(H) Annual school wide education for students and parents on the policies and procedures regarding bullying, cyberbullying, and harassment;
(I) Integration of anti-bullying, anti-cyberbullying, and anti-harassment messaging in school activities such as assemblies, extracurricular activities, school fairs, and special events;
(J) School personnel to reflect on their own behavior in order to better model respectful and caring relationships;
(K) That when bullying, cyberbullying, or harassment does occur, school personnel correct the offending behavior in a positive, consistent, and timely manner, utilizing these incidents as learning opportunities for individual students;
(L) Rewarding positive behaviors that help counter bullying, cyberbullying, and harassing behaviors; and
(M) The evaluation of the robustness of the comprehensive approach and school climate change strategies by documenting the activities and tracking the seriousness and frequency of bullying, cyberbullying, and harassment incidents;
(2) Conducting and documenting annual training for all school personnel at the school level on how to promote peace and respect, how to intervene when students and adults are engaged in bullying, cyberbullying, or harassing behavior, and understanding the department's policy related to bullying, cyberbullying, and harassment. For purposes of this paragraph, "school personnel" includes but is not limited to administrators, teachers, cafeteria workers, custodial workers, educational assistants, counselors, school-based behavioral health staff, health aides, clerical staff, special education evaluators, district-level personnel, security personnel, and any third party contractors and volunteers that have direct contact with students;
(3) Effective publicizing of the policies established pursuant to subsection (b), including adding a statement of those policies to new employee training materials, student handbooks, and any other publication that sets forth comprehensive rules, procedures, and standards of conduct for schools;
(4) The investigation of violations of this section;
(5) User friendly reports to educators and response mechanisms that address the successes and challenges of schools, complex areas, and administrators in implementing this section;
(6) Mechanisms for reporting incidents of bullying, cyberbullying, and harassment by complex areas and schools;
(7) Making available to the public statewide statistics concerning bullying, cyberbullying, and harassment, as defined in section 302A‑101;
(8) The filing of complaints against complex areas and schools upon their failure to comply with and implement policies pursuant to this section;
(9) Establishing clear lines of accountability, including the designation of state-level and complex area personnel in the department as the primary contacts regarding anti-bullying, anti-cyberbullying, and anti-harassment policies who shall receive copies of all formal and informal complaints, be responsible for assuring the implementation of policies and procedures pursuant this section, and serve as the primary contact on the policies and procedures between the complex areas and the department;
(10) Requiring school employees and trained volunteers who witness incidents of bullying, cyberbullying, or harassment, or possess reliable information that would lead a reasonable person to suspect that a person is a target of bullying, cyberbullying, or harassment, to promptly report those incidents or information to the school principal, complex area superintendent, or superintendent;
(11) Prompt investigation of reports or complaints of bullying, cyberbullying, or harassment, and identification of either the principal or the principal's designee as the person responsible for the investigation;
(12) Delineation of the range of ways in which a school will respond once an incident of bullying, cyberbullying, or harassment is identified, including a range of potential age-appropriate, education-focused consequences that correspond to the prohibited bullying, cyberbullying, and harassment acts;
(13) The provision of appropriate referrals or resources to student targets, perpetrators, their respective families, and bystanders, if necessary;
(14) Provisions that prohibit reprisal or retaliation against any person who reports an act of bullying, cyberbullying, or harassment and describe appropriate remedial action for a person who engages in reprisal or retaliation;
(15) Provisions that allow for anonymous reporting while clarifying that no remedial action shall be undertaken solely on the basis of an anonymous report;
(16) Implementation of bullying, cyberbullying, and harassment prevention education at each grade level at each school;
(17) The collection, reporting, and analyzing, at least on an annual basis, of data on incidents of bullying, cyberbullying, and harassment; and
(18) The establishment of a school community culture that integrates the aloha spirit as defined in section 5‑7.5, evidence-based anti-bullying, anti-cyberbullying, and anti-harassment policies and procedures, and peace promoting elements into each school's curriculum, and creates and encourages an environment of safety and respect for all.
§302A‑ Bullying, cyberbullying, and harassment; integrated health lessons; school responsibilities. (a) All elementary and middle school students shall receive a minimum of forty-five minutes per week of integrated social, emotional, and physical health lessons that address:
(1) Alcohol and other drug use;
(2) Tobacco use;
(3) Physical activity;
(4) Nutrition;
(5) Injury prevention;
(6) Family health and sexuality;
(7) Community and environmental health;
(8) Mental and emotional health; and
(9) Personal and consumer health.
(b) The department, in collaboration with the department of health, shall determine the appropriate grade level at which the social, emotional, and physical health lessons required by subsection (a) shall be taught."
SECTION 4. Chapter 302B, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§302B‑ Bullying, cyberbullying, and harassment; local school board responsibilities. (a) This section shall apply to conduct or communication occurring on all public charter school premises, at any public charter school-sponsored functions or activities, and on public charter school-sponsored transportation. This section also applies to electronic technology usage and electronic communications that occur on all public charter school premises, at any public charter school-sponsored functions or activities, on public charter school-sponsored transportation, and on public charter school computers, networks, forums, mailing lists, and school-issued user accounts.
(b) A local school board shall maintain and monitor anti-bullying, anti-cyberbullying, and anti-harassment policies that:
(1) Are applicable to grades kindergarten through twelve; and
(2) Contain definitions of bullying, cyberbullying, and harassment, as defined in section 302B‑1.
(c) A local school board shall maintain and enforce appropriate procedures that incorporate:
(1) Implementation of a statewide comprehensive school climate change approach, as described in section 302A‑ (c)(1), in bullying, cyberbullying, and harassment prevention at each grade level and reporting to the legislature on the progress of this approach at the end of each school year;
(2) Conducting and documenting annual training for all school personnel at the school level on how to promote peace and respect, how to intervene when students and adults are engaged in bullying, cyberbullying, or harassing behavior, and understanding the charter school's policy related to bullying, cyberbullying, and harassment. For purposes of this paragraph, "school personnel" includes but is not limited to administrators, teachers, cafeteria workers, custodial workers, educational assistants, counselors, school-based behavioral health staff, health aides, clerical staff, special education evaluators, district-level personnel, security personnel, and any third party contractors and volunteers that have direct contact with students;
(3) Effective publicizing of the policies established pursuant to subsection (b), including adding a statement of those policies to new employee training materials, student handbooks, and any other publication that sets forth comprehensive rules, procedures, and standards of conduct for schools;
(4) The investigation of violations of this section;
(5) User friendly reports to educators and response mechanisms that address the successes and challenges of schools and administrators in implementing this section;
(6) Mechanisms for reporting incidents of bullying, cyberbullying, and harassment by schools;
(7) Making available to the public a public charter school's statistics concerning bullying, cyberbullying, and harassment, as defined in section 302B‑1;
(8) The filing of complaints against public charter schools upon their failure to comply with and implement policies pursuant to this section;
(9) Establishing clear lines of accountability, including the designation of one person in the school as the primary contact regarding anti-bullying, anti-cyberbullying, and anti-harassment policies who shall receive copies of all formal and informal complaints, be responsible for assuring the implementation of policies and procedures pursuant this section, and serve as the primary contact on the policies and procedures between the public charter school and its local school board;
(10) Requiring public charter school employees and trained volunteers who witness incidents of bullying, cyberbullying, or harassment, or possess reliable information that would lead a reasonable person to suspect that a person is a target of bullying, cyberbullying, or harassment, to promptly report those incidents or information to the public charter school's principal;
(11) Prompt investigation of reports or complaints of bullying, cyberbullying, or harassment, and identification of the public charter school's principal or the principal's designee as the person responsible for the investigation;
(12) Delineation of the range of ways in which a public charter school will respond once an incident of bullying, cyberbullying, or harassment is identified, including a range of potential age-appropriate, education-focused consequences that correspond to the prohibited bullying, cyberbullying, and harassment acts;
(13) The provision of appropriate referrals or resources to student targets, perpetrators, their respective families, and bystanders, if necessary;
(14) Provisions that prohibit reprisal or retaliation against any person who reports an act of bullying, cyberbullying, or harassment and describe appropriate remedial action for a person who engages in reprisal or retaliation;
(15) Provisions that allow for anonymous reporting while clarifying that no remedial action shall be undertaken solely on the basis of an anonymous report;
(16) Implementation of bullying, cyberbullying, and harassment prevention education at each grade level at each public charter school;
(17) The collection, reporting, and analyzing, at least on an annual basis, of data on incidents of bullying, cyberbullying, and harassment; and
(18) The establishment of a public charter school community culture that integrates the aloha spirit as defined in section 5-7.5, evidence-based anti-bullying, anti-cyberbullying, and anti-harassment policies and procedures, and peace promoting elements into each public charter school's curriculum, and creates and encourages an environment of safety and respect for all.
§302B‑ Bullying, cyberbullying, and harassment; integrated health lessons; school responsibilities. (a) All charter school students shall receive a minimum of forty-five minutes per week of integrated social, emotional, and physical health lessons that address:
(1) Alcohol and other drug use;
(2) Tobacco use;
(3) Physical activity;
(4) Nutrition;
(5) Injury prevention;
(6) Family health and sexuality;
(7) Community and environmental health;
(8) Mental and emotional health; and
(9) Personal and consumer health.
(b) Each local school board shall determine the appropriate grade level at which the social, emotional, and physical health lessons required by subsection (a) shall be taught."
SECTION 5. Chapter 302C, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§302C-A Bullying, cyberbullying, and harassment; school responsibilities. (a) This section shall apply to conduct or communication occurring on all private elementary and secondary school premises, at any private school-sponsored functions or activities, and on private school-sponsored transportation. This section also applies to electronic technology usage and electronic communications that occur on all private elementary and secondary school premises, at any private school-sponsored functions or activities, on private school-sponsored transportation, and on private school computers, networks, forums, mailing lists, and school-issued user accounts.
(b) Every private school shall maintain and monitor anti-bullying, anti-cyberbullying, and anti-harassment policies that:
(1) Are applicable to grades kindergarten through twelve; and
(2) Contain definitions of bullying, cyberbullying, and harassment, as defined in section 302C‑B.
(c) Every private school shall maintain and enforce appropriate procedures that incorporate:
(1) Implementation of a statewide comprehensive school climate change approach, as described in section 302A‑ (c)(1), in bullying, cyberbullying, and harassment prevention at each grade level and reporting to the legislature on the progress of this approach at the end of each school year;
(2) Conducting and documenting annual training for all school personnel at the school level on how to promote peace and respect, how to intervene when students and adults are engaged in bullying, cyberbullying, or harassing behavior, and understanding the school's policy related to bullying, cyberbullying, and harassment. For purposes of this paragraph, "school personnel" includes but is not limited to administrators, teachers, cafeteria workers, custodial workers, educational assistants, counselors, school-based behavioral health staff, health aides, clerical staff, special education evaluators, security personnel, and any third party contractors and volunteers that have direct contact with students;
(3) Effective publicizing of the policies established pursuant to subsection (b), including adding a statement of those policies to new employee training materials, student handbooks, and any other publication that sets forth comprehensive rules, procedures, and standards of conduct for schools;
(4) The investigation of violations of this section;
(5) User friendly reports to educators and response mechanisms that address the successes and challenges of the school and administrators in implementing this section;
(6) Mechanisms for reporting incidents of bullying, cyberbullying, and harassment;
(7) Making available to the public statistics concerning bullying, cyberbullying, and harassment, as defined in section 302C‑B;
(8) The filing of complaints against the school upon their failure to comply with and implement policies pursuant to this section;
(9) Establishing clear lines of accountability, including the designation of one person at the school as the primary contact regarding anti-bullying, anti-cyberbullying, and anti-harassment policies who shall receive copies of all formal and informal complaints, be responsible for assuring the implementation of policies and procedures pursuant this section, and serve as the primary contact on the policies and procedures;
(10) Requiring school employees and trained volunteers who witness incidents of bullying, cyberbullying, or harassment, or possess reliable information that would lead a reasonable person to suspect that a person is a target of bullying, cyberbullying, or harassment, to promptly report those incidents or information to the school principal, president, or headmaster;
(11) Prompt investigation of reports or complaints of bullying, cyberbullying, or harassment, and identification of the principal, president, or headmaster, or their designee as the person responsible for the investigation;
(12) Delineation of the range of ways in which the school will respond once an incident of bullying, cyberbullying, or harassment is identified, including a range of potential age-appropriate, education-focused consequences that correspond to the prohibited bullying, cyberbullying, and harassment acts;
(13) The provision of appropriate referrals or resources to student targets, perpetrators, their respective families, and bystanders, if necessary;
(14) Provisions that prohibit reprisal or retaliation against any person who reports an act of bullying, cyberbullying, or harassment and describe appropriate remedial action for a person who engages in reprisal or retaliation;
(15) Provisions that allow for anonymous reporting while clarifying that no remedial action shall be undertaken solely on the basis of an anonymous report;
(16) Implementation of bullying, cyberbullying, and harassment prevention education at each grade level at the school;
(17) The collection, reporting, and analyzing, at least on an annual basis, of data on incidents of bullying, cyberbullying, and harassment and implementation of prevention education at each grade level at the school; and
(18) The establishment of a school community culture that integrates the aloha spirit as defined in section 5‑7.5, evidence-based anti-bullying, anti-cyberbullying, and anti-harassment policies and procedures, and peace promoting elements into the school's curriculum, and creates and encourages an environment of safety and respect for all.
§302C-B Definitions. Whenever used in this chapter, unless the context otherwise requires:
"Bullying" has the same meaning as in section 302A-101.
"Cyberbullying" has the same meaning as in section 302A‑101.
"Harassment" has the same meaning as in section 302A-101.
§302C‑C Bullying, cyberbullying, and harassment; integrated health lessons; school responsibilities. (a) All private school students shall receive a minimum of forty-five minutes per week of integrated social, emotional, and physical health lessons that address:
(1) Alcohol and other drug use;
(2) Tobacco use;
(3) Physical activity;
(4) Nutrition;
(5) Injury prevention;
(6) Family health and sexuality;
(7) Community and environmental health;
(8) Mental and emotional health; and
(9) Personal and consumer health.
(b) The private school shall determine the appropriate grade level at which the social, emotional, and physical health lessons required by subsection (a) shall be taught."
SECTION 6. Section 302A‑101, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Bullying" means any written, verbal, graphic, or physical act or acts that:
(1) A student or group of students exhibits toward another student or group of students;
(2) Cause mental or physical harm to the other student or group of students; and
(3) Are sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment.
Bullying includes conduct that is based on a student's actual or perceived race, color, national origin, sex, gender identity or expression, sexual orientation, physical or mental disability, religion, physical appearance and characteristic, or socio-economic status; or a student's association with a person or group with one or more of these actual or perceived characteristics.
"Cyberbullying" means an act or acts exhibited by one student or group of students to another student or group of students that are conveyed by electronic transmission via the Internet, a cell phone, a personal digital assistant (PDA), or a wireless hand-held device; and:
(1) Cause mental or physical harm to the student or group of students that receives the electronic transmission; or
(2) Are sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment.
"Harassment" means harassing, bullying, including cyberbullying, annoying, or alarming a student or group of students by engaging in conduct that includes:
(1) Striking, shoving, kicking, or otherwise touching a student or group of students in an offensive manner or subjecting that student or group of students to offensive physical contact;
(2) Insulting, taunting, or challenging another student or group of students in a manner likely to provoke a violent response;
(3) Making verbal or non-verbal expressions that cause another student or group of students to feel uncomfortable, pressured, threatened, or in danger because of reasons that include the student's or group's actual or perceived race, color, national origin, sex, gender identity or expression, sexual orientation, physical or mental disability, religion, physical appearance and characteristic, and socio-economic status, or association therewith, that creates an intimidating, hostile, or offensive educational environment, or interferes with the education of a student or group of students, or otherwise adversely affects the educational opportunity of a student or group of students;
(4) Name calling, making rude gestures, insulting, or teasing another student or group of students who, as a result, feels humiliated, intimidated, threatened, or embarrassed;
(5) Making a telephone call without the purpose of legitimate communication;
(6) Making repeated communications anonymously, at extremely inconvenient hours, or in offensively coarse language on campus or other department of education premises, on department of education transportation, or during a department of education-sponsored activity or event on or off school property;
(7) Causing fear as to prevent other students or groups of students from gaining legitimate access to or use of school buildings, facilities, services, or grounds such as restroom facilities; and
(8) Physically harming, physically restraining, threatening, or stalking, or a combination thereof."
SECTION 7. Section 302B-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Bullying" has the same meaning as in section 302A-101.
"Cyberbullying" has the same meaning as in section 302A‑101.
"Harassment" has the same meaning as in section 302A-101."
SECTION 8. The department of education shall submit a report regarding the implementation of this Act, including findings, recommendations, and any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2013.
SECTION 9. Each local school board shall submit a report regarding the implementation of this Act at each public charter school under its jurisdiction, including findings, recommendations, and any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2013.
SECTION 10. The provisions of this Act shall be liberally construed to give effect to the purposes thereof.
SECTION 11. Nothing in this Act is intended to interfere with the First Amendment rights of free speech and expression of any person affected.
SECTION 12. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 13. In codifying the new sections added by section 5 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 14. New statutory material is underscored.
SECTION 15. This Act shall take effect on July 1, 2012.
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INTRODUCED BY: |
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Report Title:
Education; Bullying; Safe Schools Act; Cyberbullying; Harassment
Description:
Requires the department of education, local school boards of public charter schools, and private schools to maintain, monitor, and enforce anti-bullying, anti-cyberbullying, and anti-harassment policies and procedures to protect students or groups of students from bullying, cyberbullying, and harassment.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
