Bill Text: HI HB397 | 2013 | Regular Session | Introduced

Hawaii House Bill 397 (Prior Session Legislation)

Introduced

Bill Title: Cyberbullying; Bullying; Harassment; Safe Schools Act

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to EDN/PBS, JUD, referral sheet 3 [HB397 Detail]

Download: Hawaii-2013-HB397-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	397
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

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 fully participate 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, inhibit a student's ability to learn and a school's ability to educate students in a safe environment. It is imperative that all schools in the State establish and maintain clear and consistent policies and procedures to address such behavior. In addition, 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, therefore, is to require the department of education, public charter school governing boards, and private schools to establish, maintain, monitor, and enforce policies and procedures related to all forms of bullying, cyberbullying, and harassment to protect students in the State.

SECTION 3. Chapter 302A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§302A-A 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 function or activity, 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 function or activity, on public school-sponsored transportation, and on public school computers, networks, forums, mailing lists, and school-issued user accounts.

(b) The department shall establish, maintain, monitor, and enforce 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.

(1) Implementation of a statewide comprehensive school climate change approach to bullying, cyberbullying, and harassment prevention at each grade level. A comprehensive school climate change approach requires:

(A) Schools to establish a committee that includes school personnel and community members to meet monthly to develop clear rules regarding bullying, cyberbullying, and harassment of any kind and to identify training, curriculum, school-level awareness activities, and data collection needs;

(B) Schools to post and enforce bullying, cyberbullying, and harassment rules;

(C) Schools to hold regular classroom meetings to discuss bullying, cyberbullying, and harassment and appropriate responses;

(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 that include 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 daily interactions with students;

(G) Teachers to integrate into the curriculum bullying, cyberbullying, and harassment prevention materials that include definitions of bullying, cyberbullying, and harassment pursuant to section 302A-101, the building of 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 schoolwide 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) School personnel to correct the offending behavior when bullying, cyberbullying, or harassment does occur, in a positive, consistent, and timely manner, using 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 effectiveness of the comprehensive school climate change approach by documenting the activities and tracking the seriousness and frequency of bullying, cyberbullying, and harassment incidents;

(2) 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;

(3) Provisions that:

(A) Require 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 to the school principal, complex area superintendent, or superintendent;

(B) Require prompt investigation of any report of bullying, cyberbullying, or harassment and identify either the principal or the principal's designee as the person responsible for conducting the investigation;

(C) Delineate the manner 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 acts and the provision of appropriate referrals and resources to all involved parties;

(D) Allow for anonymous reporting and specify that no remedial action shall be undertaken solely on the basis of an anonymous report without appropriate investigation; and

(E) Prohibit reprisal or retaliation against any person who reports an act of bullying, cyberbullying, or harassment;

(4) Implementation of bullying, cyberbullying, and harassment prevention education at each grade level at each school;

(5) Annual training for all school personnel at the school level on:

(A) How to promote peace and respect;

(B) How to intervene when students or adults are engaged in bullying, cyberbullying, or harassing behavior; and

All training shall be documented. As used in this paragraph, "school personnel" includes any individual, including third-party contractors and volunteers, who has direct contact with students;

(6) Designation as the primary contacts regarding the policies and procedures required by this section of state-level and complex area personnel in the department who shall receive copies of all formal and informal incident reports, be responsible for assuring the implementation of policies and procedures pursuant to this section, and serve as the primary contact between complex areas and the department on such policies and procedures;

(7) A process to file complaints against schools and complex areas upon their failure to comply with the requirements of this section and for investigations of such complaints;

(8) Provision to teachers and educational officers of user-friendly reports that address the effectiveness of schools, complex areas, and administrators in implementing this section, with adequate mechanisms whereby teachers and educational officers may provide feedback;

(9) Collection, analysis, and reporting of data on incidents of bullying, cyberbullying, and harassment, including by complex area and school. Data collection, analysis, and reporting shall be completed on at least an annual basis and statewide statistics shall be made available to the public; and

(10) Measures by which to ensure the school community is aware of the policies established pursuant to subsection (b), including a statement of those policies in new employee training materials, student handbooks, and any other publication that sets forth comprehensive rules, procedures, or standards of conduct for schools.

(d) The department shall submit a report on the progress of the comprehensive school climate change approach to the legislature at the end of each school year.

§302A-B Bullying, cyberbullying, and harassment; integrated health lessons. (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 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 use 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) Each private school in the State shall establish, maintain, monitor, and enforce 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-C.

(c) Each private school in the State shall establish, maintain, monitor, and enforce appropriate procedures that include:

(1) Implementation of a comprehensive school climate change approach to bullying, cyberbullying, and harassment prevention at each grade level, pursuant to section 302A-A(c)(1);

(2) 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;

(3) Provisions that:

(B) Require prompt investigation of any report of bullying, cyberbullying, or harassment and identify the principal, president, or headmaster, or such person's designee as the person responsible for conducting the investigation;

(C) Delineate the manner 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 acts and the provision of appropriate referrals and resources to all involved parties;

(D) Allow for anonymous reporting and specify that no remedial action shall be undertaken solely on the basis of an anonymous report without appropriate investigation; and

(E) Prohibit reprisal or retaliation against any person who reports an act of bullying, cyberbullying, or harassment;

(4) Implementation of bullying, cyberbullying, and harassment prevention education at each grade level;

(5) Annual training for all school personnel on:

(A) How to promote peace and respect;

(B) How to intervene when students or adults are engaged in bullying, cyberbullying, or harassing behavior; and

All training shall be documented. As used in this paragraph, "school personnel" includes any individual, including third party contractors and volunteers, who has direct contact with students;

(6) Designation as the primary contact regarding the policies and procedures required by this section of a single individual at the school who shall receive copies of all formal and informal incident reports and be responsible for assuring the implementation of policies and procedures pursuant to this section;

(7) A process to file complaints against the school upon its failure to comply with the requirements of this section and for investigations of such complaints;

(8) Provision to teachers of user-friendly reports that address the effectiveness of the school and its administrators in implementing this section, with adequate mechanisms whereby teachers may provide feedback;

(9) Collection, analysis, and reporting of data on incidents of bullying, cyberbullying, and harassment. Data collection, analysis, and reporting shall be completed on at least an annual basis and statistics shall be made available to the public; and

(d) Each private school in the State shall submit a report on the progress of the comprehensive school climate change approach to the legislature at the end of each school year.

§302C-B Bullying, cyberbullying, and harassment; integrated health lessons. (a) All private school students in grades equivalent to elementary and middle school grades in department of education schools 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 private school in the State shall determine the appropriate grade level at which the social, emotional, and physical health lessons required by subsection (a) shall be taught.

§302C-C Definitions. As used in this chapter, unless the context clearly indicates otherwise:

"Bullying" means any written, verbal, graphic, or physical act that:

(1) A student or group of students exhibits toward another student or group of students;

(2) Causes mental or physical harm to the other student or group of students; and

(3) Is sufficiently severe, persistent, or pervasive that it creates 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 such actual or perceived characteristics.

"Cyberbullying" means an act exhibited by a student or group of students to another student or group of students that is electronically transmitted through the use of the Internet, a cell phone, a personal digital assistant, or a wireless hand-held device that:

(1) Causes mental or physical harm to the student or group of students who receives the electronic transmission; and

(2) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment.

"Harassment" means persistently irritating, annoying, tormenting, bullying, or cyberbullying 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 the 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 for any reason, including the student's or group of students' actual or perceived race, color, national origin, sex, gender identity or expression, sexual orientation, physical or mental disability, religion, physical appearance or characteristic, or socio-economic status or a student's association with a person or group with one or more such actual or perceived characteristics;

(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 to a student or group of students without the purpose of legitimate communication;

(6) Making repeated anonymous communications at extremely inconvenient hours or in offensively coarse language on campus or other school premises, on school-sponsored transportation, or during a school-sponsored activity or event;

(7) Causing fear so as to prevent another student or group of students from gaining legitimate access to or use of school buildings, facilities, services, or grounds; and

(8) Physically harming, physically restraining, threatening, stalking, or any combination thereof."

SECTION 5. Chapter 302D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§302D- Bullying, cyberbullying, and harassment; governing 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) Each governing board of a public charter school shall establish, maintain, monitor, and enforce 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 302D-1.

(c) Each governing board of a public charter school shall establish, maintain, monitor, and enforce appropriate procedures that include:

(1) Implementation of a comprehensive school climate change approach to bullying, cyberbullying, and harassment prevention at each grade level, pursuant to section 302A-A(c)(1);

(2) 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 public charter school's curriculum, and creates and encourages an environment of safety and respect for all;

(3) Provisions that:

(A) Require 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 to the principal, president, or headmaster of the public charter school;

(C) Delineate the manner 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 acts and the provision of appropriate referrals and resources to all involved parties;

(D) Allow for anonymous reporting and specify that no remedial action shall be undertaken solely on the basis of an anonymous report without appropriate investigation; and

(E) Prohibit reprisal or retaliation against any person who reports an act of bullying, cyberbullying, or harassment;

(4) Implementation of bullying, cyberbullying, and harassment prevention education at each grade level;

(5) Annual training for all public charter school personnel on:

(A) How to promote peace and respect;

(B) How to intervene when students or adults are engaged in bullying, cyberbullying, or harassing behavior; and

All training shall be documented. As used in this paragraph, "public charter school personnel" includes any individual, including third party contractors and volunteers, who has direct contact with students;

(6) Designation as the primary contact regarding the policies and procedures required by this section of a single individual at the public charter school who shall receive copies of all formal and informal incident reports, be responsible for assuring the implementation of policies and procedures pursuant to this section, and serve as the primary contact between the public charter school and its governing board on such policies and procedures;

(7) A process to file complaints against the public charter school upon its failure to comply with the requirements of this section and for investigations of such complaints;

(8) Provision to teachers of user-friendly reports that address the effectiveness of the public charter school and its administrators in implementing this section, with adequate mechanisms whereby teachers may provide feedback;

(9) Collection, analysis, and reporting of data on incidents of bullying, cyberbullying, and harassment. Data collection, analysis, and reporting shall be completed on at least an annual basis and forwarded to the state public charter school commission, which shall be responsible for making statewide statistics available to the public; and

(10) Measures by which to ensure the public charter school community is aware of the policies established pursuant to subsection (b), including a statement of those policies in new employee training materials, student handbooks, and any other publication that sets forth comprehensive rules, procedures, or standards of conduct for the public charter school.

(d) Each governing board of a public charter school shall submit a report on the progress of the comprehensive school climate change approach to the state public charter school commission at the end of each school year. The state public charter school commission shall aggregate the reports and submit a comprehensive report to the legislature no later than ninety days following the end of each school year.

§302D- Bullying, cyberbullying, and harassment; integrated health lessons. (a) All public charter school students in grades equivalent to elementary and middle school grades in department schools 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 governing board 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 that: