HOUSE OF REPRESENTATIVES |
H.B. NO. |
225 |
THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BULLYING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part
BULLYING
PREVENTION AND RESPONSE ACTION PLAN
§302A- Bullying prevention and response action plan. (a) The board shall develop a
bullying prevention and response action plan to inform public school students,
public school employees or volunteers, and department employees or volunteers
of policies and procedures for:
(1)
The
prevention of and education regarding bullying, harassment, and retaliation in
the department and in public schools;
(2)
Reporting
bullying and harassment to the department, board, or law enforcement agencies,
as appropriate;
(3)
Reporting
bullying or harassment to the parents of the public school students who
committed or were affected by bullying or harassment;
(4)
The
investigation of alleged bullying or harassment by the department if the
alleged bullying or harassment occurred in a public school or by the board if
the alleged bullying or harassment occurred in the department;
(5)
Preserving
and documenting evidence of bullying and harassment in the department or public
schools;
(6)
Engaging
in mediation, non-punitive response, or other alternative dispute resolution
for conduct occurring between public school students, employees, or volunteers
of equal power; provided that no public school student, employee, or volunteer
shall be required to accept mediation, non-punitive response, or other
alternative dispute resolution in lieu of reporting to law enforcement agencies
if the act or conduct may be reasonably construed to constitute bullying or
harassment;
(7)
The
referral, if appropriate, of public school students, public school employees or
volunteers, or department employees or volunteers to outside resources or
counseling services to remedy any mental health, social, or family challenges
that arise from harassment or bullying; and
(8)
An
appeal process for any party not satisfied with the outcome of the department's
or board's investigation or response.
(b) The
board shall establish requirements for the department to report to the board on
the department's compliance with any board policies, administrative rules, or
applicable statutes governing bullying and harassment and shall monitor the
department's compliance.
(c) The
board shall review and update the bullying prevention and response action plan
every twenty-four months to reflect electronic and technological changes and
incorporate best practices in bullying prevention, education, investigation,
reporting, and resolution.
§302A- Annual reporting requirements. The board,
or department as the board's designee, shall submit an annual report on the
bullying prevention and response action plan, including any proposed
legislation, to the legislature no later than twenty days prior to the
convening of each regular session of the legislature, beginning with the
regular session of 2022. The report
shall redact any names or other identifying information that would identify any
individual involved in any alleged incident of bullying or harassment. For each alleged incident of bullying or
harassment, the report shall include:
(1)
A
brief description of each act or conduct included in the incident;
(2)
The
date on which, or date range during which, the incident occurred;
(3)
The
date on which the incident was reported to the department or board;
(4)
The
status of the investigation by the department or board into the incident, as of
the date of the report;
(5)
The
disposition of the investigation, as of the date of the report;
(6)
The
number of days elapsed between the date on which the incident was reported to
the department or board and the implementation of its response, if any;
(7)
Identification
of the public school associated with the incident;
(8)
The
disposition of any incident that was not identified as resolved in the prior
annual report to the legislature; and
(9)
Any
other information the board or department deems pertinent; provided that in no
case shall the report include any name, identifying number, or other
identifying information of any individual involved in an alleged incident of bullying
or harassment that will identify the affected parties."
SECTION 2. 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 intentional verbal, physical, written, or electronically transmitted act or
conduct that:
(1) Is done by a
public school student, public school employee or volunteer, or department employee
or volunteer to insult, taunt, or challenge another public school student,
public school employee or volunteer, or department employee or volunteer;
(2) Is severe, pervasive,
or persistent, as determined by a reasonable person under the circumstances;
and
(3) Has any of the
following effects, as determined by a reasonable person under the circumstances:
(A) Places
the recipient in reasonable fear of:
(i) Substantial
harm to the recipient's emotional, psychological, or physical well‑being;
(ii) Substantial
damage to the recipient's property;
(iii) Substantial
harm to the emotional, psychological, or physical well-being of a person other
than the recipient; or
(iv) Substantial
damage to the property of a person other than the recipient;
(B) Incites,
solicits, or coerces an individual or group of individuals to cause or place
the recipient in reasonable fear of:
(i) Substantial
harm to the recipient's emotional, psychological, or physical well‑being;
(ii) Substantial
damage to the recipient's property;
(iii) Substantial
harm to the emotional, psychological, or physical well-being of a person other
than the recipient; or
(iv) Substantial
damage to the property of a person other than the recipient; or
(C) Creates
an intimidating, threatening, or abusive educational environment for the
recipient.
"Electronically transmitted
act or conduct" means an act or conduct that involves the transmission of
electronic data, including but not limited to words, drawings, pictures, video files,
or audio files, through a computer, computer network system, or other network
system, cellular phone, or other similar electronic device that has the
capability of sending and receiving data.
"Harassment" means the
act of bullying, annoying, or alarming a public school student, public school employee
or volunteer, or department employee or volunteer by engaging in conduct that
includes but is not limited to:
(1) Striking,
shoving, kicking, or otherwise touching a person in an offensive manner or
subjecting the person to offensive physical contact;
(2) Insulting,
taunting, or challenging another person in a manner likely to provoke a violent
response;
(3) Making verbal
or nonverbal expressions that cause another person to feel uncomfortable,
pressured, threatened, or in danger because of reasons that include but are not
limited to the person's race; color; national origin; ancestry; sex, including
gender identity and expression; religion; disability; or sexual orientation; and
that:
(A) Create
an intimidating, hostile, or offensive educational environment, or interferes
with the education of a student; or
(B) Otherwise
adversely affect the educational opportunity of a student or students;
(4) Name calling,
making rude gestures, insults, or teasing that causes another person to feel
humiliated, intimidated, threatened, or embarrassed;
(5) Making a
telephone call without purpose of legitimate communication;
(6) Making repeated
communications anonymously, at extremely inconvenient hours, or in offensively
coarse language on campus or other department premises, on department transportation,
or during a department sponsored activity or event on or off school property;
(7) Causing fear to
prevent another person from gaining legitimate access to or use of school
buildings, facilities, services, or grounds, including restroom facilities; or
(8) Physically harming, physically restraining, threatening, or stalking another person."
SECTION 3. Act 214, Session Laws of Hawaii 2011, is repealed.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3021.
Report Title:
Bullying Prevention and Response Action Plan; BOE; DOE
Description:
Requires the board of education to develop a bullying prevention and response action plan. Requires the board of education to report annually to the legislature. Repeals Act 214, Session Laws of Hawaii 2011. Effective 7/1/3021. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.