Bill Text: HI HR89 | 2016 | Regular Session | Introduced
Bill Title: Women's Legislative Caucus Package; Title IX; Sex Discrimination
Spectrum: Slight Partisan Bill (Democrat 9-4)
Status: (Passed) 2016-04-07 - Resolution adopted in final form. [HR89 Detail]
Download: Hawaii-2016-HR89-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.R. NO. |
89 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
requesting the Department of education to affirm its commitment to uphold the tenets of title ix of the education Amendment act of 1972.
WHEREAS, Title IX of the Education Amendment Act of 1972, the Patsy Takemoto Mink Equal Opportunity in Education Act, 20 U.S.C. §§1681-1688 ("Title IX"), prohibits discrimination on the basis of sex in the administration of any education program or activity receiving federal financial assistance; and
WHEREAS, since its inception, Title IX has been instrumental in eliminating sex discrimination, increasing educational access and opportunities for women and girls, and fostering equality between men and women; and
WHEREAS, since Title IX was initially passed, federal regulations on the requirements of Title IX have been promulgated to flesh out the requirements of Title IX, and the United States Department of Education's Office of Civil Rights, which is charged with enforcing Title IX, has issued guidance to assist schools in better understanding their obligations to students and staff under Title IX; and
WHEREAS, these regulations and guidelines have created a robust framework for schools to understand and carry out their Title IX obligations and established the following key procedures that require each school to:
(1) Disseminate a notice of nondiscrimination;
(2) Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX; and
(3) Adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee sex discrimination complaints; and
WHEREAS, the Department of Education ("Department") is a recipient of federal financial assistance and thus subject to the requirements of Title IX; and
WHEREAS, the Legislature has concerns that the Department is failing to meet its Title IX obligations regarding all three procedural requirements; and
WHEREAS, the Department has only one Title IX coordinator for a Department made up of approximately 15 complex areas and 255 schools, who is one of six staff in the Department's Civil Rights Compliance Office investigating and responding to all civil rights claims, not just Title IX issues; and
WHEREAS, of further concern to the Legislature is that the Department's Civil Rights Compliance Office handles only civil rights complaints arising from staff-to-staff conduct and staff-to-student conduct, while student-to-student conduct is resolved by school administrators who may not be trained in Title IX requirements and follow grievance procedures that do not comport with the tenets of Title IX; and
WHEREAS, more than 40 years after the passage of Title IX, discrimination on the basis of sex is allowed to continue in Department schools and offices in violation of the Title IX rights of students and staff; and
WHEREAS, the Department should not tolerate any form of sex discrimination, and instead must develop strong policies and procedures, and employ sufficient staff to ensure that students and employees are protected and that sex discrimination is properly monitored, analyzed, and resolved, in order to cultivate a culture that rejects sex discrimination and fosters equal access to educational opportunities; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, that the Department of Education is requested to affirm the Department's commitment to following the tenets of Title IX by:
(1) Increasing electronic and physical accessibility to Title IX information and resources, including the Department's nondiscrimination policy and grievance procedures;
(2) Examining, revising, adopting, and widely disseminating Title IX grievance procedures including but not limited to title 8, chapters 19 and 41, of the Hawaii Administrative Rules, that comply with Title IX requirements and create strong and comprehensive mechanisms for preventing, investigating, monitoring, analyzing, and resolving discrimination on the basis of sex for all Department students and employees;
(3) Committing to increase Title IX staff and resources, including designating at least one full-time Title IX coordinator dedicated to fulfilling all required and recommended aspects of the role, and strengthen the institutional infrastructure throughout the Department to more effectively address and prevent sex discrimination; and
(4) Providing regular training to Department students and employees on Title IX's protections and resources and how to identify and report sexual discrimination, including sexual harassment and violence; and
BE IT FURTHER RESOLVED that the Department of Education is requested to study and report on the addition of a Title IX coordinator to each complex area, including the potential duties and job expectations of these positions and the cost of their addition; and
BE IT FURTHER RESOLVED that the Department of Education is requested to submit a report of its findings and recommendations regarding the addition of complex area Title IX coordinators, as well as all progress made in complying with this measure, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2017; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Education; Superintendent of Education; Deputy Superintendent of Education; Assistant Superintendent, Office of Curriculum, Instruction, and Student Support; all complex area superintendents; and the Acting Director of the Department's Civil Rights Compliance Office.
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OFFERED BY: |
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Women's Legislative Caucus Package; Title IX; Sex Discrimination
